Excerpt: ...ns Plaintiff's objections are overruled in their entirety. Defendants' objections are overruled in their entirety. Ruling on Motion The motion for summary judgment is denied. The trial court engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope of the motion by looking to the operative pleading. The pleadings serve as the “outer measure of materiality” for a motion for summary judgment in...

Excerpt: ...e August 12, 2018 email to plaintiff's counsel; (2) destroy all forms of copies within the possession of defendants; and (3) limit defendants' ability to question Mr. Auger regarding the email. Plaintiff clarifies in his moving papers that he seeks an order precluding defendants “from asking any questions (interrogatories or deposition) on the subject of the August 12th email, including Mr. Auger's transmission of the attachment thereto.” (Pl...

Excerpt: ...s to the portion of a settlement representing payment for medical expenses, in order to determine the amount available to satisfy the lien. The court is to be guided by the United States Supreme Court decision in Arkansas Department of Health and Human Services v. Ahlborn (2006) 547 U.S. 268, in determining what portion of a settlement represents payment for medical expenses or medical care. The total settlement amount in light of the total claim...

Excerpt: ...cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. The court notes tha...

Excerpt: ...the causes of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of mater...

Excerpt: ...e to duly served discovery requests. As conceded by defendants, defendants failed to provide identifying information relating to a fact witness who was a Lyft passenger in plaintiff's vehicle and who observed the car accident which is the subject of this action. This was despite the fact that documents in the possession of defendant Richard Montoya, and subsequently in the possession of defense counsel, contained this information. Plaintiffs cont...

Excerpt: ...iling party.” Bad faith may be shown by: (1) the objective speciousness of the claim; and (2) subjective bad faith in bringing or maintaining the action, i.e., for an improper purpose. Cypress 7 Semiconductor Corp. v. Maxim Integrated Prod., Inc. (2015) 236 Cal.App.4th 243, 260. Under the “objectively specious” standard, it is sufficient for defendants to point to the absence of evidence of misappropriation in the record. Id. at 260‐261. ...

Excerpt: ...e cited document is not attached to the request. Defendant's demurrer to complaint is sustained with leave to amend. Plaintiff fails to allege sufficient facts to establish a valid cause of action for professional negligence against defendant Nick Tziavaras. Any amended complaint shall be filed and served on or before January 10, 2020. Motion to Strike Defendant's request for judicial notice is granted as to Exhibit A. The request is denied as to...

Excerpt: ...harges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary.” Ladas v. Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774. When the reasonableness of particular items is challenged, conclusory allegations do not satisfy the objecting party's burden. Id.; Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266. Alternatively, where items are properly put in issue by objection, the burden of proof is ...

Excerpt: ...s the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Plaintiffs request attorneys' fees in the amount of $38,468, which includes estimated fees relating to the current motion of $6,975. Plaintiff also requests a .3 multiplier resulting in additional attorneys' fees of...

Excerpt: ...al fact and the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedure section 437c(c).) A party to the action may also move for summary adjudication if that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) The moving party bears the initial burden of establishing that one or elements of a cause of action cannot be established or there is a compl...

Excerpt: ...d under well established principles. The challenge tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Furthermore, the failure to ple...

Excerpt: ...n 438(c)(1)(B).) “[J]udgment on the pleadings must be denied where there are material factual issues that require evidentiary resolution. (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.) The court reviews the motion keeping these principles in mind. Defendants challenge all six causes of action asserting, among other things, that the claims are barred by the statute of limitations along with lacking the level of specifici...

Excerpt: ...stitute a cause of action. (Code of Civil Procedure section 438(c)(1)(B).) “[J]udgment on the pleadings must be denied where there are material factual issues that require evidentiary resolution. (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.) The court reviews the motion keeping these principles in mind. Defendant challenges all four causes of action asserting, among other things, each claim is deficiently pleaded. A re...

Excerpt: ...med at these defendants. The trial court engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope of the motion by looking to the operative pleading. The pleadings serve as the “outer measure of materiality” for a motion for summary judgment in addition to determining the scope of the motion. (Government Employees Ins. Co. v. Superior Court PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Ci...

Excerpt: ...otion – Tentative Rulings Page 17 of 23 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR NOVEMBER 21, 2019 AT 8:30 A.M. Ruling on Motion The motion is denied without prejudice. A party may be declared a vexatious litigant under the following circumstances: (1) the person, acting in pro per, has filed five or more actions within the last seven years that were either a...

Excerpt: ...jections to evidence are ruled on as follows: Objection Nos. 3, 5, 8, 9 and 10 to the declaration of Michelle Gallagher are sustained. Objection Nos. 1, 2, 5, 6 and 8 to the declaration of Anna Murphy are sustained. The remaining objections are overruled. Ruling on Motion Defendant and cross‐complainant Charley Smith, individually and as trustee of the Charley D. Smith Family Trust (“Smith”) moves for summary judgment of plaintiff and cross...

Excerpt: ...cedure section 1033(a) is denied. The court notes that plaintiff sought damages for actual medical expenses resulting from the incident, future medical expenses and general damages that far exceeded the jurisdictional maximum of a limited civil action. There is no showing that plaintiff acted unreasonably or in bad faith in asserting her claims. Defendant alternatively moves to tax discrete items of costs claimed by plaintiff. “If the items app...

Excerpt: ...r of law. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. The moving party has the burden of showing, by 1 affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468. Once a plaintiff sets forth evidence establishing each element of its prima facie case, the burden of proof shifts to the defendant to prove a triable issue regardi...

Excerpt: ...perty claim. Code Civ. Proc. §§ 405.31, 405.32. A real property claim means “a cause of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading”. Code Civ. Proc. § 405.4. The current action was dismissed by the court without prejudice on September 17, 2019, with plaintiff's consent. Although the action has been dism...

Excerpt: ...erson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. Plaintiff's form complaint alleg...

Excerpt: ... letter to the Labor and Workforce Development Agency (“LWDA”) on February 6, 2019, alleging wage and hour violations against her former employer, defendant Williams‐Sonoma Stores, Inc. Farinha filed the complaint in this action on April 12, 2019, as a putative wage and hour class and representative action. Overton submitted a letter to the LWDA on May 2, 2019, alleging violations of the Labor Code and Industrial Welfare Commission Wage Ord...

Excerpt: ...beth Voss. A party may move to quash a subpoena directed to a third party where the records sought are not within the permissible scope of discovery. Plaintiff moves to quash the subject subpoena on several grounds, including that it is facially overbroad, seeks confidential and privileged information, and seeks information that has been improperly retained by a former employee. The subpoena served on Elizabeth Voss requests two categories of doc...

Excerpt: ...BOATRIGHT, CHARLENE v. GONZALEZ, EFRAIN MOSQUEDA, OPHELIA v. GONZALEZ, EFRAIN ROSE, AMY v. GONZALEZ, EFRAIN BRELFORD, VIRGINIA v. GONZALEZ, EFRAIN BASILEU, JANET v. GONZALEZ, EFRAIN RODRIGUEZ, SARAI v. GONZALEZ, EFRAIN SOMERS, LUCY v. GONZALEZ, EFRAIN MUNOZ, DULCE v. GONZALEZ, EFRAIN BROADWAY, REBECCA v. GONZALEZ, EFRAIN ARAKELYAN, GOHAR v. GONZALEZ, EFRAIN ADAME, ULISES v. GONZALEZ, EFRAIN FRANCO, SNA v. GONZALEZ, EFRAIN LAVOW‐DAVIS, PATRICIA ...

Excerpt: ...stitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judi...

Excerpt: ...nstitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described 9 conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by j...

Excerpt: ...award of sanctions pursuant to Code of Civil Procedure §§ 128.5 and 128.7, contending Judgment Debtor Gilman's motion for fees on appeal, filed on July 24, 2019, was filed in bad faith and was frivolous and devoid of any merit. Regarding Judgment Debtors' request for sanctions pursuant to Code of Civil Procedure § 128.5, the Court is not persuaded that the conduct at issue warrants sanctions under this provision. In ruling on the motion, the C...

Excerpt: ... overruled. Defendants' objections to evidence are ruled on as follows: Objection No. 4 is sustained. The remaining objections are overruled. 3 Ruling on Motion Defendants Madeline Yang (“Madeline”), Richard Yang (“Richard”) and Frieda Yang (“Frieda”) move for summary judgment with respect to plaintiffs' second amended complaint. The party seeking summary judgment bears the burden of showing there is no triable issue of material fact ...

Excerpt: ...evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. In...

Excerpt: ...f filed a partial satisfaction of judgment on February 8, 2016, after defendant was purportedly deceased. The proof of service for the current motion then shows plaintiff served defendant, who plaintiff claims is deceased, by mail at an address in Granite Bay, California. Further, plaintiff provides little legal authority to support the motion or the ability to vacate a judgment where a partial satisfaction has been filed. Finally, the declaratio...

Excerpt: ...ies to informally meet and confer in good faith prior to setting matters for hearing. Ruling on Request for Judicial Notice Defendant's request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The motion is granted with leave to amend. A motion to strike may be granted to strike irrelevant, false, or improper matters in a pleading; or to strike a pleading not drawn in conformity with the laws of the state or an ord...

Excerpt: ...k National Association is granted. This subpoena seeks “all documents and transaction history related to accounts owned by Shawn Whitney from 01/01/2017 to 01/01/2019”. Plaintiff's personal financial information is protected by the constitutional right to privacy. Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3d 652, 656. Where discovery seeks to invade the constitutional right to privacy, the party seeking the discovery must show tha...

Excerpt: ... convenience of witnesses. In denying defendants' motion based on the convenience of witnesses, the court stated: Defendants' alternative request to transfer venue pursuant to Code of Civil Procedure section 397, based on the convenience of witnesses and the interests of justice, also fails. The motion is premature as not all defendants have answered the complaint. Code Civ. Proc. § 396b(d); Buran Equipment Co., Inc. v. Superior Court (1987) 190...

Excerpt: ...lly be exercised liberally to permit amendments to pleadings, “at any stage of the proceedings, up to and including trial”. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761. However, the policy of liberality in permitting amendments to the complaint should be applied only where no prejudice is shown to the adverse parties. Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487. Plaintiff's motion for trial setting preference due t...

Excerpt: ...l, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795. Defendant denies personal service was effectuated, and states that she discovered the subject paperwork stuck in her security screen on September 28, 2019. Defendant denies knowledge of any attempts to personally serve her. In response to defendant's motion, plaintiff submits the declaration of process server Eric Meyer. Mr. Meyer details numerous attempts to effectuate personal service on...

Excerpt: ...not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the tru...

Excerpt: ...allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or...

Excerpt: ...v. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The court assumes the truth of all facts properl...

Excerpt: ...§ 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The court assumes the truth of all facts properly pleaded...

Excerpt: ...bsolute identity of parties. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789. Plaintiff argues that this requirement is not satisfied here, as she is not a named plaintiff in the Brown action. Both cases are representative actions brought under the Private Attorney General Act (“PAGA”). An employee suing under PAGA “does so as the proxy or agent of the state's labor law enforcement agencies.” Arias v. 12 Superior C...

Excerpt: ...ve Rulings Page 3 of 7 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR OCTOBER 17, 2019 AT 8:30 A.M. constitute a cause of action. (Code of Civil Procedure section 430.10(e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) T...

Excerpt: ...nd hour of her deposition, arguing that defense counsel made excessive and inappropriate objections, that co‐defense counsel was ten minutes late, and that Dr. Serina produced substantial documents at her deposition in violation of Code of Civil Procedure section 2034.210(b). Code of Civil Procedure section 2034.430(b) states: A party desiring to depose an expert witness described in subdivision (a) shall pay the expert's reasonable and cus...

Excerpt: ...on (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. Defendants' demurrer to plaintiff's...

Excerpt: ..., nor whether she “stayed” at the property on dates outside of the periods when she leased the property. With respect to special interrogatory Nos. 22, 23 and 27, defendant argues that the information sought by the interrogatories is equally available to the propounding party, and that the information can be gleaned from documents that have been produced in this action. 7 Defendant's responses also set forth objections on the grounds that the...

Excerpt: ...ination for July 16, 2019. The notices expressly stated that plaintiff would bear responsibility for a non‐cancellation fee based on their failure to attend. Plaintiffs failed to attend the examinations, and the examining doctor charged a no‐show fee of $1,000 per examination. Defendants request sanctions for the cost of the no‐ show fees as well as attorneys' fees and costs incurred in bringing the current motion. Plaintiffs oppose the mot...

Excerpt: ...ure §437c(c).) The trial court engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope of the motion by looking to the operative pleading. The pleadings serve as the “outer measure of materiality” for a motion for summary judgment in addition to determining the scope of the motion. (Government Employees Ins. Co. v. Superior Court (2000) 79 Cal.App.4th 95, 98; Laabs v. City of Victorville (...

Excerpt: ...client privilege and attorney work product. (HLC Properties, Ltd. v. Superior Court (MCA Records, Inc.) (2005) 35 Cal.4th 54, 59‐60; Roman Catholic Archbishop of Los Angeles v. Superior Court (2005) 131 Cal.App.4th 417, 442.) Moreover, the claims that discovery is premature are not well taken when trial is three months away. Defendant Union Pacific Railroad shall provide further verified responses and responsive documents, without asserting fur...

Excerpt: .... Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Eva...

Excerpt: ...f action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed fa...

Excerpt: ...dure section 128.5. Pursuant to this statute, the court may order a party or counsel, or both “to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Code Civ. Proc. § 128.5(a). Defendants contend that plaintiff and his counsel should be ordered to pay their attorneys' fees because they filed ...

Excerpt: ... is overruled. Defendants' objection to plaintiffs' request for judicial notice is overruled. Ruling on Motion Plaintiffs W1 Holdings, G4 Capital Partners, LLC and Sheena George move for summary judgment of this consolidated action, or alternatively summary adjudication of issues. With respect to plaintiffs' request for summary adjudication, plaintiffs' notice of motion states that plaintiffs seek “summary adjudication of issues” but does not...

Excerpt: ...om matters of which the court may or must take judicial notice.” (Aaronoff v. Martinez‐Seftner (2006) 136 Cal.App.4th 910, 918.) A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp....

Excerpt: ...e issue of material fact and that the party is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. (Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468.) Once a plaintiff proves its prima facie case, the burden of proof shifts to the defe...

Excerpt: ...ffirmative defense to the cause of action, that there is no merit to an affirmative defense to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs.” (Code of Civil Procedure section 437c(f)(1).) The trial court engages in a specific analysis when reviewing a motion for summary adjudicati...

Excerpt: ...anctions is generally limited to extreme cases of discovery misuses that are so pervasive a less drastic sanction will not sufficiently address the discovery derelictions. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐797.) In light of the extreme effect of terminating sanctions, courts do not PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JANUARY 31, 2019 AT 8:...

Excerpt: ...time may be filed at the discretion of the court upon terms as the court deems proper. (Code of Civil Procedure section 425.16(f); HewlettPackard Co. v. Oracle Corp. (2015) 239 Cal.App.4th 1174, 1186.) In determining whether to exercise its discretion in favor of considering the merits of this late motion, the court has considered the procedural context in which this motion arises. In broad terms, the case stems from a failed investment relations...

Excerpt: ...t timely filed and, as such, is disregarded. Ruling on Request for Judicial Notice Plaintiffs' request for judicial notice is granted pursuant to Evidence Code section 452. Ruling on Motion The motion is granted. Code of Civil Procedure section 473.5(a) allows a defendant to seek relief from a default and/or default judgment where service of the summons has not resulted in actual notice to the defendant in time to defend the action. The defendant...

Excerpt: ...when reviewing a motion for summary judgment. First, it must define the scope of the motion by looking to the operative pleading. The pleadings serve as the “outer measure of materiality” for a motion for summary judgment in addition to determining the scope of the motion. (Government Employees Ins. Co. v. Superior Court (2000) 79 Cal.App.4th 95, 98; Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258.) The pleadings identify the i...

Excerpt: ...A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. De...

Excerpt: ...ng objections are overruled. Ruling on Motion Plaintiff and cross‐defendant City of Roseville (“City”) moves for summary judgment or summary adjudication as to the cross‐complaint filed by defendant and cross‐ complainant Abacus Solutions Inc. (“Abacus”). “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.”...

Excerpt: ...nts' notice of nonstipulation is untimely and ineffective. Plaintiff's objections to evidence are ruled on as follows: Objection Nos. 1 and 2 are overruled. Objection No. 3 is sustained. Plaintiff United Specialty Insurance Company moves for summary judgment and/or summary adjudication as to its two causes of action for declaratory relief. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of ...

Excerpt: ... cause of action alleged in the crosscomplaint. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. A defendant moving for summary judgment bears the burden of persuasion that one or more elements of the cause in action cannot be established, or that there is...

Excerpt: ...292, 1307‐ 1308.) Plaintiff has not been afforded an opportunity to reply to this substantial amount of newly submitted evidence. Thus, the request is denied. Plaintiff's request for judicial notice is granted in part. The request is granted, under Evidence Code section 452, as to Exhibit B. The request is denied as to Exhibit A. The court, on its own motion, also take judicial notice of the entire court file under Evidence Code section 452. Ru...

Excerpt: ...ce is granted under Evidence Code section 452. Ruling on Motion The motion is granted. The power of the court to order the disqualification of counsel is statutory. “Every court shall have the power to do all of the following: [¶] … [¶] (5) [t]o control in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.”...

Excerpt: ...tion is continued to afford plaintiffs an opportunity to respond to this new evidence. Plaintiffs may file any supplemental briefing by February 7, 2019. 6. S‐CV‐0040710 SCV‐0041288 HUGGETT, ALLYSON v. CORTES, ARSENIO HUGGETT, ALLYSON v. BIRD, RACHELLE PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JANUARY 24, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTM...

Excerpt: ... on a statute of limitations is appropriate if the ground appears on the face of the complaint or from matters of which the court may or must take judicial notice.” (Aaronoff v. Martinez‐Seftner (2006) 136 Cal.App.4th 910, 918.) However, a demurrer based upon the statute of limitations PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JANUARY 24, 2019 AT 8:30 A.M. P...

Excerpt: ...er County, et al., Placer Court Case No. SCV‐38666; 2 and the pending appeals before the Third District Court of Appeal, the court determines that a stay of the action pending appeal is appropriate. The case is stayed and the current motion is dropped subject to re‐noticing when the stay is lifted. ...

Excerpt: ...aint where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp...

Excerpt: ....App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The complaint fails to allege sufficient facts to support any claim against defendant Michael Blore individually as there are insufficient factual allegations of personal liability against Mr. Blore. The remainder of the allegations are suffici...

Excerpt: ...ions, courts do not impose such a sanction lightly. In this case, defendants and cross‐complainants Sonora Gasoline Corporation and Gurraj Singh Grewal have failed to respond to discovery requests served in December 2017, failed to substitute in new counsel after their prior attorney died unexpectedly, failed to respond to significant meet and confer efforts, have not opposed multiple motions filed by plaintiff, and 4 failed to serve discovery ...

Excerpt: ...ion to compel and a motion to deem requests for admission admitted, which were set to be heard on July 10, 2018. The notice of motion for the current motion acknowledges the other pending motions, predicts that defendants will fail to oppose the motions or respond to the discovery, and asserts that the matter “will be ripe” at the time this motion. Terminating sanctions are an extreme sanction for those cases where misuses of the discovery pr...

Excerpt: ...tions case based upon a revolving credit card account. The party seeking summary judgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. (Consumer Cause,...

Excerpt: ...nd reasonable. Defendant's Section 998 offer was made in good faith and realistically reasonable under the circumstances that existed at the time of the offer. (Elrod v. Oregon Cummins Diesel, Inc. (1987) 195 Cal.App.3d 692.) Defendant is awarded $22,352.89 in costs. ...

Excerpt: ... determine the eligibility of individual class members. Specifically, Monier needed to identify when a potential class member was exposed to a statement, falling under the proviso, in order to determine whether the individual claim was barred by the statute of limitations. Monier should be afforded the ability to determine when a potential class member was exposed to a statement for the purposes of determining eligibility of that individual class...

Excerpt: ...is the claimant who bears the burden of proof to establish the probable validity of its claims. Code Civ. Proc. §§ 405.30, 405.32. Plaintiff seeks to enforce an alleged oral agreement to sell real property. Such an agreement is barred by the statute of frauds. Civ. Code § 1624 (a)(3). Plaintiff argues that defendants are estopped from asserting the statute of frauds due to her performance under the terms of the alleged agreement. Specifically,...

Excerpt: ...gatories, or made a good faith effort to obtain information from available sources under the defendant's control in order to respond. 6 Plaintiff is awarded sanctions from defendant and his counsel, jointly and severally, in the amount of $760. Code Civ. Proc. § 2030.300(d). Motion to Compel Further Responses to Special Interrogatories Plaintiff's Motion to Compel Further Responses to Special Interrogatories is granted. Defendant's responses to ...

Excerpt: ...notice attached as Exhibit A to the Declaration of Wendy York, at the time, date and location designated by plaintiffs. Plaintiffs are awarded sanctions of $1,260 from defendant Roseville Point Health and Wellness Center, LLC dba Solnus Three, LLC and its counsel of record, jointly and severally. Motion to Compel Deposition of Defendant's Person Most Knowledgeable re Organizational Structure Plaintiffs' unopposed Motion to Compel Deposition of De...

Excerpt: ...uant to the preliminary injunction granted in this case. The use of the subject roadway by plaintiff's guests, customers and/or business invitees was an issue which was identified in plaintiff's initial moving papers as a basis for the necessity of the injunction, and it is appropriate to clarify this use as permissible based on the court's prior order. Defendants' request to modify the preliminary injunction to require plaintiff to obtain liabil...

Excerpt: ... Grand Cherokee. The complaint in this action was filed June 2, 2016. The 2 parties settled the case on September 19, 2017, after the first day of trial. Defendants agreed to pay plaintiffs $140,000 in settlement of the action. Civil Code section 1794(d) authorizes the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determined by the court to have been reasonably incurred by the buyer in connection with the...

Excerpt: ....App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. The demurrer is sustained as to plaintiff's first ca...

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Excerpt: ...meaning of Code of Civil Procedure section 877.6. Cross‐Defendant Miller's Heating Air Conditioning and Sheet Metal, Inc.'s Motion for an Order Determining Good Faith of Settlement The unopposed motion is granted. Based on the standards set forth in Tech‐Bilt v. Woodward Clyde & Associates (1985) 38 Cal.3d 488, the settlement at issue is within the reasonable range of the settling cross‐defendant's proportionate shares of liability for plai...

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Excerpt: ...a derivative action the court may require plaintiff to post a bond if it finds “there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its shareholders.” (Corp. Code § 800(c)(1).) The action will have no benefit to the corporation or shareholders if plaintiff would be unlikely to prevail. Marble v. Latchford Glass Co. (1962) 205 Cal.App....

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Excerpt: ...thout substantial justification. Code Civ. Proc. §§ 2030.290(c), 2031.300(c), 2033.290(d). Motion to Compel Depositions Plaintiff's Motion to Compel Depositions is granted in part, and denied in part. The motion is denied as to the depositions of defendants' persons most qualified and technicians. Based on the current trial date, the discovery cut‐off date for non‐expert discovery has already passed. While the court may allow discovery proc...

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Excerpt: ... The court requests supplemental briefing on the following issues: (1) Further legal analysis on the issue of whether costs may be awarded to a prevailing party where the actual costs have not been established and the cost memorandum is based upon an estimated amount of costs; (2) Whether the issue of costs for the real parties is ripe in light of the intertwined administrative cost issues associated with the consolidation of this case and League...

Excerpt: ...rywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) Defendant has failed to show a sufficient basis to sustain the demurrer as she primarily asserts factual disputes rather than pleading deficiencies. The court must accept all facts pled in the complaint as true. (Blank v. Kirwan, supra, at p. 318.) The complaint complies with Code of Civil Procedure section 1166 as (1) the complaint has been verified, (2) the facts for which recovery is ...

Excerpt: ... 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court keeps these principles in mind when reviewing the complaint. Here, defendants are challenging the first cause of action for fraud eighth cause of action for breach of contract against defendant David Hood, and the ninth cause of action for constru...

Excerpt: ...truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The allegations within the cross‐complaint are too conclusory and fail to sufficient allege facts to support any of the claims for ind...

Excerpt: ...icy favors the arbitration of disputes, and doubts should be resolved in favor of deferring to arbitration proceedings.” Rowe v. Exline (2007) 153 Cal.App.4th 1276, 1282; Laswell, supra, at p. 1405. Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. It is the petitioner that carries this initial bur...

Excerpt: ...ichfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff sets forth evidence showing that defendant entered into a written credit card account agreement with plaintiff, that plaintiff co...

Excerpt: ... of Civil Procedure section 1005(b).) This motion was served by mail, which required defendant to provide plaintiff with an additional 5 days notice. (Ibid.) Instead, defendant only provided plaintiff with 13 days notice. While the court may overlook harmless procedural errors, the lack of notice impacts the substantial rights of plaintiff and cannot be ignored. (Id. at Section 475; Morgan v. AT&T Wireless Services, Inc. (2009) 177 Cal.App.4th 12...

Excerpt: ...s a whole, are sufficient to support the first, second, fourth, and fifth causes of action. As to the first amended supplemental complaint, the demurrer is sustained without leave to amend. The allegations within the second cause of action are deficiently pleaded and does not state any articulable claim against defendant. Defendant's Motion to Strike the Second Amended Complaint/First Amended Supplemental Complaint The motion to strike is denied ...

Excerpt: ... constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Plaintiffs' first ...

Excerpt: ...for leave to amend, plaintiff sets forth numerous facts which she would add to the amended complaint to buttress the claim. The court takes no position at this time as to whether the proffered facts are sufficient to state a valid cause of action for elder abuse. Plaintiff is granted leave to amend. Any amended complaint shall be filed and served on or before July 20, 2018. Motion to Strike In light of the ruling on the demurrer to complaint, Sut...

Excerpt: ...ion (“the State”) moves for summary judgment of plaintiff James Lucido's claim for premises liability and plaintiff Janet Lucido's claim for loss of consortium, under the doctrine of primary assumption of risk, or Government Code section 830.2. 2 Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants moving for...

Excerpt: ... denied as to Exhibit 6. The court denies the requests for judicial notice of timberland ordinances from other counties in California, as they are not relevant to the court's determination in this matter. Ruling on Petition for Writ of Mandate Petitioner High Sierra Rural Alliance seeks a peremptory writ of mandate requiring respondents County of Placer and the Placer County Board of Supervisors (collectively “the 7 County”) to set aside a te...

Excerpt: ...s or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless th...