Excerpt: ...e of action or when the complaint is uncertain. (Code Civ. Proc. § 430.10, subds. (e), (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.A...

Excerpt: ...ic 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. Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at 850. Plaintiff submits admissible evidence which establishes the existence of a wri...

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. A demurrer for uncertainty is ap...

Excerpt: ...he 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 4 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. A plaintiff need not plead facts with specificity where th...

Excerpt: ...tions of the complaint is dropped as moot. Subsequent to filing the motion to strike, an amended complaint was filed which appears to recast the allegations of the complaint and add at least one additional defendant. The court also notes that this matter was automatically stayed by defendant's vexatious litigant motion, infra, by operation of C.C.P. § 391.6. 9 Vexatious litigant motion Defendant Cynthia Woodburn moves to deem plaintiff Davood Kh...

Excerpt: ...here the pleading does not state facts sufficient to constitute a cause of action or when the pleading is uncertain. Code Civ. Proc. §§ 430.10(e) & (f). 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...

Excerpt: ...ial. The case proceeded as a jury trial with the jury rendering its verdict in favor of plaintiff on October 19, 2022. The notice of entry of judgment was served by mail to both parties on the same date. On November 2, 2022, defendant filed a notice of intent to move for new trial, as well as a motion for judgment notwithstanding the verdict. The proof of service attached to the notice of motion/notice of intent attested that counsel for plaintif...

Excerpt: ...iled October 11, 2022. The memorandum of costs states total costs in the amount of $210,246.38. “If the items appearing in a cost bill appear to be proper charges, 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.) Alternatively, where items are properly put in issue by objection, the burden of proof is on the party claiming the...

Excerpt: ...ill be served by the severance of the fourth, fifth, or sixth causes of action in the FACC. There has also been an insufficient showing of prejudice to warrant a severance of these causes of action. The court also finds the convenience of the parties and ends of justice support hearing these claims with the remainder of the litigation pending in Placer County. Plaintiffs'/Cross‐Defendants' (Plaintiffs') Demurrer to the First Amended Cross‐Com...

Excerpt: ...ospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 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. (2d Dist. 2015) 233 Cal.App.4th 390, 396.) It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence of a valid ar...

Excerpt: ...t adding several causes of action, two defendants, and many additional facts. The court may permit a party to amend a pleading in the furtherance of justice and on such terms as may be just. (Code Civ. Proc., §§ 473(a)(1), 576.) Leave to amend is generally exercised liberally provided there is no showing of prejudice to the opposing party. (Howard v. County of San Diego (4th Dist. 2010) 184 Cal.App.4th 1422, 1428; Douglas v. Superior Court (4th...

Excerpt: ...ions or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) An unlawful detainer complaint must be verified. (Code Civ. Proc., § 1166(a)(1).) Here, defendant contends the first amended complaint is not verified by a party...

Excerpt: ...he court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA‐related statute. (Labor Code section 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable, and adequate. (Ibid.) The court has carefully reviewed and considered the joint stipulation regarding c...

Excerpt: ...he court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA‐related statute. (Labor Code section 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable, and adequate. (Ibid.) The court has carefully reviewed and considered the settlement agreement and rele...

Excerpt: ...other parties to the action at least 75 days before the time appointed for the hearing. (Code Civ. Proc., § 437c, subd. (a)(2).) Defendants' motion is not supported by sufficient notice. Accordingly, Vincent Procopio and Joe Procopio's motion for summary judgment is denied; Vincent Procopio and Joe Procopio's motion for summary adjudication is denied. 3 Defendant John Procopio's Motion for Summary Judgment or, in the Alternative, Summary Adjudic...

Excerpt: ...arte applications seeking the same relief, which relief was denied on October 19, 2022, November 2, 2022, and November 7, 2022. Plaintiff's second ex parte application was identical to the first ex parte application. Plaintiff's third ex parte application contained additional information. However, the third ex parte application was denied as it presented a motion for reconsideration without compliance with the requirements of Code of Civil Proced...

Excerpt: ...he Los Lagos community in Granite Bay; and (4) an order prohibiting attorney Meister from entering PCI's building during the pendency of these proceedings. For the reasons set forth below, the court grants the motion in part. During the pendency of this action, counsel for plaintiff shall be prohibited from contacting defendants directly other than through defendants' counsel of record. The motion is otherwise denied. The motion before the court ...

Excerpt: ... medical negligence claim. Because mere duplication of claims is not a basis to sustain a demurrer, the demurrer is overruled. Blickman Turkus LP v. MF Downtown Sunnyvale LLC (2008) 162 Cal.App.4th 858, 890. Sean Selig's claim for negligent infliction of emotional distress is insufficiently pleaded. The allegations in the first amended complaint regarding Dr. Nelson are very few, including that she is a medical doctor (¶¶ 7‐8), that she began...

Excerpt: ...ainst her in a prior Placer County case, S‐CV‐0048033. Between them, defendants filed two special motions to strike. Pocklington and AREG's Special Motion to Strike Pursuant to Code of Civil Procedure section 425.16 On its own motion, the court takes judicial notice of the court's file in related matter SCV‐0048033. A motion brought under Code of Civil Procedure section 425.16, also known as an antiSLAPP motion, is a procedural remedy desig...

Excerpt: ...hould be limited to responding to the tentative ruling or highlighting argument from the papers. Relevant Procedural History During post‐judgment enforcement discovery, the court previously ordered sanctions against judgment debtor and/or judgment debtor's counsel for failing to meet and confer on August 29, 2019 (sanctions of $1,500), November 19, 2019 (sanctions of $1,482), and February 14, 2020 (sanctions of $1,245). The three sanctions awar...

Excerpt: ...t appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. § 438(d). As with a demurrer, the court must assume the truth of the factual allegations of the complaint. Wise v. Pac. Gas & Electric Co. (2005) 132 Cal.App.4th 725, 738. The motion is denied with respect to the first cause of action for breach of contract, the third cause of action for quantum meruit, and the tenth cause of action...

Excerpt: ...ers and argument should be limited to responding to the tentative ruling or highlighting argument from the papers. Motion for Award of Attorneys' Fees on Appeal Plaintiff and petitioner Miner's Camp filed a petition for writ of mandate and complaint for declaratory relief and restitution. Following a hearing on the petition, the court issued the peremptory writ of mandate. Subsequently, the court granted in part petitioner's motion for attorneys'...

Excerpt: ... in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Plaintiff's complaint alleges the Tenant Protection Act of 2019 (“TPA”) applies to the premises. (Complaint ¶ 7b.) Plaintiff'...

Excerpt: ...rts, LLC (hereinafter, “Alpha”) and Sierra Central Credit Union (hereinafter, “Sierra Central”) pursuant to Code of Civil Procedure sections 1281.97 and 1281.99. Code of Civil Procedure section 1281.97(a) states: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration administrator, the drafting party to pay certain fees and costs before the ar...

Excerpt: ...ses or where breach occurs, or where the principal place of business is located. Code of Civil Procedure § 395.5. In support of the motion, Balboa relies cites to a portion of its contract with plaintiff and arguments concerning the nature of the claims and its role in the facts giving rise to the complaint. Balboa's reliance on the contract language is unavailing. The language cited includes an agreement that the subject contract is "deemed to ...