Excerpt: ...ll the papers submitted show that there is no triable issue as to any material 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 acton may also move for summary adjudication 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 m...

Excerpt: ...e section 2032.310 and to set an evidentiary hearing for a judicial determination of plaintiff Nan Shaw's legal capacity. 9 Preliminary Matters and Evidentiary Rulings The court accepts defendant Ryan Rivera's motion for joinder to FOAM's reply. Plaintiffs elected to file their untimely opposition to the instant motion in the same briefing as their reply to their motion for a protective order. This is improper and conflates the issues. Plaintiffs...

Excerpt: ... not respond. The court finds defendants sufficiently endeavored to meet and confer prior to the filing of the instant motion. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. A demurrer tests the legal sufficiency of the pleadings, not t...

Excerpt: ...ng 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.) However, "[ilf the allegations in the complaint conflict with the exhibits, we rely on and accept as true the contents of the exhibits." (SC Manufactured Homes, Inc. v. Liebert (2008) 162 Cal.App.4th 68, 83.) The court, however, does not accept the truth of contentions, deductions, or conclusi...

Excerpt: ...verriding interest will be prejudiced if the records are not sealed. The court further finds that the proposed sealing of information is narrowly tailored, and that no less restrictive means to achieve the identified overriding interest exists. (Cal. Rules of Court, rule 2.550(d).) The court orders sealed NCFMC's memorandum of points and authorities in support of demurrer to and motion to strike plaintiff's second amended complaint. Copies of thi...

Excerpt: ...vowed interest in the disputed 2 funds. (Ibid.) The court intends to grant plaintiff's motion. However a continuance is necessary based on the request for fees. Plaintiff requests attorney's fees in the amount of $5,795 and costs in the amount of $1,529.10. The court notes several inconsistencies regarding statements of incurred attorneys' fees in the memorandum and supporting declaration. The memorandum states plaintiff has incurred 22.8 hours o...

Excerpt: ...ice of the information declared therein. Ruling on the Motion Respondent Seyed Mohammad Caranizadeh seeks attorneys' fees in the amount of $27,'W8.50. In this case, petitioner Ali Zamanimahforoujaki filed a request for civil harassment restraining order ("CHRO"). The court granted temporary orders pending a hearing. At the initial hearing on March 6, 2023, the court dissolved the temporary orders. Subsequently, petitioner filed a request for dism...

Excerpt: ...der v. Anderson (2CG) 179 Cal.App.4th 775, 787.) The allegations in the pleading 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, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2CG) 113 Cal.App.4th 597, 6...

Excerpt: ...on within the complaint were completely discharged in her Chapter 7 bankruptcy action. The trial court shall grant a motion for 7 summary judgment if "all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law." of Civil Procedure section 437c(c).) A party to the action may also move for summary adjudication that party contends there is no merit to one or ...

Excerpt: ...ry Adjudication against plaintiff's third amended complaint; - Declaration of Michele R. Sullivan in support of defendant Michele R. Sullivan's motion for adjudication against plaintiff's third amended complaint (and what appears to be a duplicate); - Objection to plaintiff's evidence in reply to defendants John L. Sullivan and John L. Sullivan Investments, Inc. dba Roseville Toyota's Motion for Summary Adjudication against plaintiffs third amend...

Excerpt: ...nifer Saeger and Bardley Saeger's (collectively, "Saegers") separate statement of undisputed material facts is deficient because it is not formatted into two-columns nor separately identify each cause of action subject to the motion. (Cal. Rules of Court, rule 3.1350, subd. (db.) Ruling on Mohon as to Cause of Action in Complaint as a Plaintiff The Saegers motion for summary judgment, or in the alternative, for summary adjudication is denied in f...

Excerpt: ... sued defendant for breach of a contract which included a fee shifting provision: (FAC, Exh. A, 12.) Defendant is entitled to recover attorney's fees even though she is a non-signatory to the contract. (Civ. Code, S 1717; Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128—29 [Civil Code section 1717 must "be interpreted to further provide a reciprocal remedy for a nonsignatory defendant, sued on a contract as if he were a party to it, wh...

Excerpt: ...ed together as one, which is inappropriate. Further, the motion to strike fails to "quote in full the portions sought to be stricken." (Cal. Rules of Court, rule 3.1322(a).) Defendant is admonished to abide by the Rules of Court in the future. The court exercises its discretion to reach both motions on the merits. Defendant's request for judicial notice is granted as to the fact of the documents having been filed; however, the court does not take...

Excerpt: ...h the Government Claims Act, the causes of action are barred by their respective statutes of limitations, and Civil Code secton 47 provided for absolute immunity to any alleged false statements made to law enforcement. A demurrer tests the legal sufficiency of the pleading, 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 pleading are dee...

Excerpt: ... pleading does not state facts sufficient to constitute a cause of action. Civ. Proc., S 430.10, subd. 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 (2ff)9) 179 Cal.App.4th 775, 787.) he allegations in the pleadings 3 are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 59...

Excerpt: ...ly with discovery obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garc:ia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) Defendants' Motion to Compel Responses to Form Interrogatories and Sanctons The motion is granted. Plaintiff Roghie Fathi shall provide verified responses, without obj...

Excerpt: ... to file a second motion to seal, it must be filed and served by November 15, 2023. Any documents in opposition to the motion(s) to seal must be filed and served by November 16, 2023. Furthermore, on October 31, 2023, the court granted three defense motions to seal. It has come to the court's attention defendants lodged several unredacted documents that were not included in the motons to seal or in the court's October 31, 2023 order: Defendants J...

Excerpt: ...ntinuance of the instant motion to allow for further discovery pursuant to Code of Civil Procedure section 437c(h). Plaintiff's request to continue is denied. A party may request a continuance "at any time on or before the date the opposition response to the motion is due," which is fourteen days preceding the hearing. (Code Civ. Proc., S 437c(h), (b)(2).) Plaintiff's request to continue was untimely filed, providing only thirteen days' notice. F...

Excerpt: ...ies as required. The objection is overruled. Cross-complainant attached two exhibits to the opposition brief and refers to the exhibits throughout the memorandum of points and authorities. However, that an opposing party may have made admissions or allegations in another context does not resolve any deficiencies in cross-complainant's pleading. The exhibits are outside of the allegations in the cross-complaint and not subject to judicial notice a...

Excerpt: ...iency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (21%9) 179 Cal.App.4th 775, 787.) The allegations in the pleading 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, "[t]he courts will not close their eyes to situations where a complaint contains allegations ...

Excerpt: ...r dismissal when "an application for relief is made no more than six months after entry of judgment ... and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Civ. Proc. S 473, subd. Further, the motion must include a copy of the answer or other proposed pleading to be filed. (Ibid.) If an applicant meets the requirements for the mandatory relief provision, the court must relieve...

Excerpt: ...d declaration containing facts sufficient to justify the sealing. (Cal. Rules of Court, rule 2.551, subd. (b)(l).) A review of the court file reveals no memorandum of points and authorities or declaration have been filed, although they are referenced in the notice of motion and the attached proof of service. The court continues the motion to seal to be heard November 28 at 8:30 a.m. in Department 42. NCFMC is directed to file and serve a notce of...

Excerpt: ...rbitration is denied. A threshold question for any motion to compel arbitration is whether an agreement to arbitrate exists between the parties. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) he moving party carries this initial burden by proving, by a of the evidence, the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) The opposing party may then produce evidence to cha...

Excerpt: ...y adjudication as to the third and fourth causes of action of plaintiff's second amended complaint. Evidentiary Rulings Defense counsel made no efforts to meet and confer as the Local Rules require for all motions on the Civil Law and Moton calendar. However, this is not a basis on which to rule on such a motion. Further, there is no statutory obligation to meet and confer for such a motion and the court observes a dispositive evidentiary motion ...

Excerpt: ...aintiff's allegations or accuracy of the described conduct. (Bader v. Anderson 179 Cal.App.4th 775, 787.) The allegations in the pleading 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, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Ai...

Excerpt: ...numbers 1 and 2 are sustained; the objections are otherwise overruled. Plaintiff's objections numbers 1 and 2 are sustained; the objections are otherwise overruled. Defendant's objections to plaintiff's reply filed October 31, 2023 are overruled in their entirety. Plaintiff submitted new evidence together with her reply brief. Defendant filed a suropposition. The court exercises its discretion and considers all briefing and supporting papers in t...

Excerpt: ... truth of the 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 true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (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 (20436) 38 Cal.4th 1, 6.) Th...

Excerpt: ...pecial motions to strike, three demurrers to the complaint, one moton to strike portions of the complaint, and plaintiffs' motion to remove the case to federal court. Defendants' request for judicial notice is granted. The moton is denied. A motion for reconsideration requires a showing by affidavit of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (...

Excerpt: ...8.10, subd. (a)(l).) This includes both personal jurisdiction and subject matter jurisdiction. (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1144.) A challenge to the court's jurisdiction based on the doctrine of tribal sovereign immunity may also be raised by a moton to quash. (See Self v. Cher-Ae Heights ndian Community of Trinidad Rancheria (2021) 60 Cal.App.5th 209, 215.) When determining whether 2 tribal sovereign immunity exists for a...

Excerpt: ...hat the overriding interest will be prejudiced if the records are not sealed. The court further finds that the sealing of information is narrowly tailored, and that no less restrictive means to achieve the identified overriding interest exists. (Cal. Rules of Court, rule 2.550(d).) The following documents are ordered sealed: 8 Copies of the above documents will be sealed and maintained in the court's electronic file and shall be available only to...

Excerpt: ...roup v. Drexler (2CM) 22 Cal.4th 1084, 1095; Serrano v. Priest (Serrano Ill) (1977) 20 Cal.3d 25, 48-49.) "The reasonable hourly rate is that prevailing in the community for similar work." (P LCM Group v. Drexler (201%) 22 Cal .4th 1084, 1095 The court has carefully reviewed the billing statements, taking into consideration the hourly rates for comparable work conducted during the same period of time for other similar cases within Placer County, ...

Excerpt: ... 752-753; Ruth v. Kizer (1992) 8 Cal.App.4th 380, 385.) Said another way, the court reconsiders the evidence presented and makes its own independent findings. (Ibid.) There is a strong presumption of correctness concerning the administrative findings and the party challenging the decision has the burden of showing the findings are contrary to the weight of the evidence. (Norasingh, supra.) Moreover, an agency's interpretation of its regulations a...

Excerpt: ...3, subdivision (b). (Code Civ. Proc. § 473, subd. (b).) The default entered against cross-defendant Lube Buster, Inc. on June 27, 2023, as to cross- complainant Adel Abdo's cross-complaint is set aside. The default entered against cross-defendant Lube Buster, Inc. on June 28, 2023, as to cross-complainant Mahmoud Nassif 's cross-complaint is set aside. The court declines to consider the request to set aside default judgment as no default judgmen...

Excerpt: ...hen "an application for relief is made no more than six months after entry of judgment ... and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Civ. Proc. S 473, subd. (b).) Further, the motion must include a copy of the answer or other proposed pleading to be filed. (Ibid.) If an applicant meets the requirements for the mandatory relief provision, the court must relieve the ap...

Excerpt: ...ice is granted pursuant to Evidence Code section 452(d) to the extent the dtNuments presented are filed documents in the court's file. The court dæs not accept as true the allegations contained within several of those court filings. Plaintiff's request to present oral testimony pursuant to California Rules of Court rule 3.1306 is denied as the request is not supported by good cause. 7 Defendant's opposition was untimely filed without explanation...

Excerpt: ...The court now considers consolidation of the consolidated unlawful detainer matter, SCV-[n50143, with the breach of contract case, In the breach of contract case, plaintiff's complaint alleges (1) breach of lease, (2) and (3) breach of guaranty, and (4) foreclosure of deed of trust. Plaintiff subsequently dismissed the fourth cause of action. Defendant filed a cross-complaint alleging (1) declaratory relief, (2) injunctive relief, (3) breach of c...

Excerpt: ...e of action. (Code Civ. Proc. S 430.10, subd. (e).) 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 (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. (1981) 123 Cal.App.3d 593, 504.) However, the court does not assume the truth...

Excerpt: .... at subd. (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations orthe accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The 16 allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or c...

Excerpt: ...amount is fixed or readily ascertainable not less than $500. (Code Civ. Proc., S 483.010, subd. (a).) Ascertainable damages must be measurable by the contract or by reference to the contract itself and the basis for computing damages must be reasonable and certain. (CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541.) "A claim has 'probable validity' where it is more 15 likely than not that the plaintiff will o...

Excerpt: ...the related unlawful detainer action. Actions involving common questions of law or fact pending in the same court may be consolidated into a single case. (Code of Civil Procedure section 1048(a).) However, unlawful detainer actions are summary proceedings with expedited timelines. (Martin-Bragg v. Moore (2013) 219 Cal.App.4th 357, 385.) The issues raised in such actons are generally limited in scope to possession of the property. (Ibid.) Plaintif...

Excerpt: ...ng (1) breach of contract, (2) fraud, (3) cancellation of instrument, (4) partition, and (5) intentional interference with contract. Young's request for judicial notice is granted. The court may order consolidation of actions involving a common question of law or fact. Civ. Proc., S 1048, subd. (a).) "[T]itle issues generally cannot be raised in unlawful detainer actions. [Citation.)" (Struiksma v. Ocwen Loan Servicing, LLC (2021) 66 Cal.App.5th ...

Excerpt: ...re 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 cross-complaint is reviewed keeping this in mind. Initially, cross- complainant concedes the fourth and fifth causes of action are deficiently pleaded. The court sustains the demurrer as to these claims. Looking at the first, second, and third causes of action, all three are sufficiently plead...

Excerpt: ...mmary adjudication is reviewed under well established principles. A party to the action may move for summary adjudication that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) A plaintiff seeking summary adjudication bears the initial burden of establishing each element of the cause of action of acton. (ld. at 437c(p)(1).) Only when this initial burden is met does the burden sh...

Excerpt: ... Process re Dr. Bergeson $0,395.00 Item 14— Electronic Filing/service Fees Incurred After July 30, 2021 $0,101.03 TOTAL $3,068.97 Plaintiff's memorandum of costs, filed on August 10, 2023, is taxed by $3,068.97. Plaintiff is awarded $14,092.59. Plaintiff Lachlynn Lusk's Motion to Tax Costs The motion is granted in part. The current request involves a challenge to the recovery of costs after the tender of a viable Code of Civil Procedure section...

Excerpt: ...e secton 452. Plaintiff's request for judicial notice is granted overthe objection of defendant. Ruling on Objections Defendant's objections are overruled in their entirety. Ruling on Motion In the current request, defendant seeks either entry of summary judgment against the entirety of the complaint or summary adjudication as to each of the seven causes of action alleged in the complaint. A motion for summary judgment may be granted if "all the ...

Excerpt: ...party seller, but not defendant manufacturer. The warranty book is not signed by any party. On June 28, 2022, the court granted defendant's motion and compelled the matter to arbitration. In so ruling, the court found defendant was a thirdparty beneficiary of the RISC and defendant could therefore enforce the arbitration provision therein. Similarly, as to the warranty book, the court found plaintiff's claims against defendant relate directly to ...

Excerpt: ...f will prevail in the litigation. (Code Civ. Proc. S 391.1(a).) "Security" means an undertaking to assure payment to the party for whose benefit the undertaking is required to be furnished or the party's reasonable expenses including attorneys' fees. (Code Civ. Proc. S 391(c).) Plaintiff has been declared a vexatious litigant. (Declaration of Rachel D. Hamilton, 92, Exh. A.) Plaintiff was declared a vexatious litigant on April 26, 2021, based on ...

Excerpt: ...is on which to rule on such a motion. Judgment creditor's request for judicial notce is granted. The unopposed motion is granted. (Code Civ. Proc., SS 708.020, 2030.290.) Judgment debtor is ordered to provide responses, without objections, to judgment creditor's interrogatories set one within 21 days of service of notice of this order. Judgment creditor's request for sanctions is denied as the motion was unopposed and judgment creditor failed to ...

Excerpt: ...aintiffs' objection number 3 to portions of the declaration of Bryan Kreft is sustained. Plaintiffs' objections are otherwise overruled. Plaintiffs' motion for trial preference is granted. The court finds plaintiff Nan Shaw is over 70 years of age, has a substantial interest in the action as a whole, and her health is such that preference is necessary to prevent prejudicing her interest in the litigation. (Code Civ. Proc., S 36, subd. (a).) While...

Excerpt: ...ot state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (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 (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed tru...

Excerpt: ...onsidered the information therein. A party may demur where the court has no jurisdiction of the subject of the cause of 11 action alleged in the pleading. (Code Civ. Proc. S 430.10, subd. (a).) 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 (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbab...

Excerpt: ...ority to amend a judgment to include additional non-party judgment debtors under an alter ego theory. (Curci Investment, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 222.) This is true even where the judgment is based upon a summary judgment motion. (see Down Jones Co., Inc. v. Avenel (1984) 151 Cal.App.3d 144, 148-149.) Nonetheless, the judgment creditor must make a show-ng, by a preponderance of the evidence, that the nonparty alter ego entity con...

Excerpt: ...ith attempt to resolve the issue informally. (Code Civ. Proc., SS 2030.300, subd. (b)(l), 2015.040; Local Rule 20.2.1.) While plaintiffs present evidence of their attempts to meet and confer leading up to the filing of the instant motion, defendant submitted a responsive meet and confer letter after the moving papers were filed indicating a willingness to further meet and confer and a willingness to provide further responses upon the execution of...

Excerpt: ...swer on September 2, 2022. The court requests County of Placer Office of Education to provide an endorsed filed copy of their answer to the court by p.m. on October 3, 2023. The court apologizes for the inconvenience and thanks the County of Placer Office of Education for its cooperation. Ruling on Motion Plaintiff's unopposed motion to seal is granted. Court records are presumed to be open to the public unless confidentiality is required by law....

Excerpt: ...ct. (Bader v. Anderson (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. (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.) The court may only refer to matters outside the pleading that are s...

Excerpt: ...ponses to interrogatories are not mandatory where there is no opposition to the motion. (Code of Civil Procedure section 2030.290(c).) It is true that there are no meet and confer requirements to grant a motion for initial responses. Nonetheless, it seems to this court that a party filing multiple discovery motions against an opposing party who is active in the litigation should demonstrate attempts to informally resolve discovery disputes when s...

Excerpt: ...in the pleading 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, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 503.) A review of the first, second, third, and fourth causes of ...

Excerpt: ...ructural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 503.) The complaint is reviewed keeping this in mind. First Cause of Action — Constructive Fraud Plaintiff's first cause of achon alleges a claim for constructive fraud. This ty...

Excerpt: ...s matter and denies plaintiff's motion to strike the untimely filing. The parties are on notice the court expects their compliance with the Code of Civil Procedure and the California Rules of Court, and any future untimely filings will be stricken by the court. Plaintiff's request for judicial notce is granted. Defendant's request for judicial notice is granted. Defendant's objection to the instant motion is overruled. Ruling on the Mohon The cou...

Excerpt: ...ve for summary judgment or, in the alternative, summary adjudication to all remaining causes of action in the second amended complaint. Evidentiary Rulings Plaintiff's request for judicial notice is granted. Plaintiff's objection number one is sustained as to the entirety of defendants' separate statement. Plaintiff's objections are otherwise overruled. 3 Ruling on the Motion The motion is denied. Defendants' moving papers failed to include admis...

Excerpt: ...lso demur in an achon founded upon contract if it cannot be ascertained from the pleading whether the contract is written, oral, or implied by conduct. (ld. at subd. 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 (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. W...

Excerpt: .... (c), (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 (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. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or co...

Excerpt: ...the motion. Thusly, the court will proceed to hear the merits of the motion, taking into consideration arguments made in the supplemental briefing along with the allegations in the FAC. Ruling on Motion The motion is granted. Generally, there must be an action #nding before a court prior to a party recording a lis pendens against a property. (Code of Civil Procedure sections 405.20, 22.) Said another 9 way, a lis pendens notice may only be record...

Excerpt: ...l other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto." (Code Civ. Proc., S 128, subd. "Code of Civil Procedure section 128, subdivision (a)(5) gives courts the power to order a lawyer's disqualification. [Citation.]" (DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 831— 32, citation omitted.) A disqualification motion addresses a conflict between a party's right to choose...

Excerpt: ...ement is (1) fair and reasonable, (2) the class notice is adequate, and (3) certification of the class is proper. (In re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389.) Further, the court reviews the moving papers along with the entirety of the court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA-related statute. (Lab. Code, S 2699(1); CYConnor v. Uber Tech...

Excerpt: ...aining to dismissed defendant Hudson Insurance Co., to omit the cause of action under Vehicle Code section 11711, and to add additional causes of action against Exclusive for violations of the Consumer Legal Remedies Act, violation of the unfair Competition Law, fraudulent misrepresentation, concealment, and negligent misrepresentation. Exclusive opposes the motion. The court may permit a party to amend a pleading in the furtherance of justice an...

Excerpt: ... as to Exhibit B. Ruling on Motion The motion is denied. In the current request, Nissan NA seeks to compel arbitration, invoking both the FAA and the CAA, between ftself and plaintiff pursuant to an arbitration provision included in the retail installment sales contract (RISC) executed by plaintiff and Future Nissan Inc. A defendant seeking to compel arbitration under the FAA bears the burden of establishing the applicability of the FAA along wit...

Excerpt: ... Motion In the current challenge, defendants Brian Peters and SCS-CA seek either summary judgment or summary adjudication as to the claims alleged against them in the complaint. They argue each cause of action is barred under the doctrine of judicial estoppel. The trial court shall grant a moton for summary judgment if "all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgm...

Excerpt: ...ions may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (21%3) 113 Cal.App.4th 597, 603.) The complaint is reviewed keeping this in mind. As to the fifth, sixth, and seventh causes of action, the allegations within the compla...

Excerpt: ...arty bears the initial burden of establishing each element of the cause of achon entitling them to judgment as a matter of law. (ld. subds. (f)(l), Only if this initial burden is met will the burden shift to the opposing party to establish a triable issue of material fact. (ld. subd. (p)(l).) In reviewing a motion for summary adjudication, the court must view the supporting evidence and all reasonable inferences drawn from the evidence in the lig...

Excerpt: ...lling plaintiff to fulfill her discovery obligations and respond to the propounded written discovery. The first three discovery motions were heard on February 23, 2023. At that time, the court did not impose any form of sanctions but did admonish plaintiff that sanctions could be awarded in the future if plaintiff failed to comply with her discovery obligations. Plaintiff still would not comply with her discovery obligations or the court's three ...

Excerpt: ...production of documents must be served within 45 days of the service of the response, unless the parties have agreed in writing to extend this period. (Code Civ. Proc., S 2031.310, subd. The time limit is jurisdictional, and the court has no authority to rule on an untimely motion to compel furthers other than to deny it. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Plaintiffs provide evidence of a purported extension in a March 9...

Excerpt: ...rt on its own motion takes judicial notice of the first amended complaint filed November 5, 2021. Plaintiff's opposition was untimely filed. Civ. Proc„ S 437c, subd. The court exercises its discretion to consider all briefing submitted in this motion, including the untimely opposition and related documents. Defendant's objections are overruled in their entirety. Ruling on the Moton A party is entitled to bring a motion for summary judgment wher...

Excerpt: ...nduct. (Bader v. Anderson (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. (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.) The court may only refer to matters outside the pleading that ar...

Excerpt: ...rment in value. The court denied plaintiff's prior ex parte application for this relief but issued a temporary protective order and scheduled this hearing. Preliminary Matters Plaintiff submitted new evidence with fts reply brief to which defendant has not had the opportunity to respond. The court exercises its discretion and considers all briefing in this matter. The court issued a temporary protective order on July 20, 2023 to become effective ...

Excerpt: ... (SAC) also identifies Sutter Valley Hospital dba Sutter Medical Center [there is also a reference to "Sutter Medical Center, Sacramento" in the SAC] as a defendant in the action. This defendant has not filed an answer to the SAC nor does it join in the current motion. With this clarification, the court proceeds to review the substance of the pending challenge. Rulings on Objections Plaintiff's objections are overruled in their entirety. Defendan...

Excerpt: ...79 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. (1981) 123 Cal.App.3d 593, 504.) 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, 5.) The court will not assume the truth of any allegations contradicted by judicially noticeable facts....

Excerpt: ...gations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw (Genesis Environment Services v. San Joaquin Valley unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The FAC in this instance is contradictory, disjointed, and diffcult to comprehend. Plaintiff appears to have removed viable claims f...

Excerpt: ...Code Civ. Proc. S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (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 (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. ...

Excerpt: ...ion were allowed to proceed. (Code Civ. Proc., S 526, subd. (a).) In making this determination, "the court must consider whether the party seeking the injunction is likely to prevail on the merits" and balances the relative harm to the parties. (Mitsui Manufacturers Bank v. Texas Commerce Bank-Ford Worth (1984) 159 Cal.App.3d 1051, 1059.) The plaintiff has the burden of show-ng they would be harmed without a preliminary injunction. (Casmalia Reso...

Excerpt: ...b Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 503.) The court reviews the complaint keeping this in mind. First Cause of Action — Invasion of Privacy The invasion of privacy claim here is based upon the alleged...

Excerpt: ...to the arbitration agreement is also a party to a pending court action or special proceeding with a third party arising out of the same transacton. (Code of Civil Procedure section 1281.2.) It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) Once the petitioner meets this initial...

Excerpt: ...Woodward and Judson Cline to produce further responses to requests for production numbers 2, 3, 4, 7, 8, and 9 in plaintiff's deposition notice and amended deposition notice to Woodward and numbers 2, 3, 4, 7, 8, 9, 10, and 11 in plaintiff's deposition notice and amended deposition notice to Cline. As to Cline, the motion to compel production of further responses is granted in part as to request for production number 9 only. Further responses are...

Excerpt: ... is granted. Defendant Taylor's motion is denied. Judgment was entered for plaintiff as against defendant Taylor. "After entry of judgment, the superior court did not have jurisdiction to entertain or decide a motion for reconsideration. [Citations.)" (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 860, fn. 29.) Even if the court could reach the merits of the motion, it would still be denied as defendant Taylor does not present any new ...

Excerpt: ...ling the record, (3) a substantial probability that the overriding interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no less restrictve means to achieve the overriding interest. (Calfornia Rules of Court, Rule 2.550(d).) Defendant identifies two areas of confidentiality, namely, excerpts of plaintiff's medical records from Sutter Roseville Medical Center and Associates i...

Excerpt: ...t does not state sufficient facts to constitute a cause of acton. (Code of Civil Procedure secton 438(c)(1)(B)(ii).) The moton has the same function as a demurrer but is brought where the time for a demurrer has expired. (Code of Civil Procedure section 438(g); Southern California Edison Co. v. City of Victorville (2013) 217 Cal.App.4th 218, 227.) Here, defendants challenge the single cause of action alleging violations under the Unruh Civil Righ...

Excerpt: ....) The allegations in the pleading 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.) A demurrer seeking a plea of abatement due to another action pending between the same parties on the same cause of action does not apply where one action is in state court and the other is in federal court. (Gregg v. Superior Court (1987) 194 Cal.App.3d 134, 136...

Excerpt: ...moves to compel ini
Ÿal responses to form interrogatories, set 1. A mo
Ÿon to compel further responses to interrogatories or requests for admissions must be served within 45 days of the service of the response, unless the par
Ÿes have agreed in wri
Ÿng to extend this period. (Code Civ. Proc., §§ 2030.300, subd. (c); 2033.290, subd. (c).) The
Ÿme limit is jurisdic
Ÿonal, and the court has no authority to rule on an un
Ÿmely mo
Ÿon to co...

Excerpt: ...009) 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. (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.) The court may only refer to matters outside the pleading that are subject to judicial notice...

Excerpt: ...ourt where the district court would have original jurisdiction. Here, it is plaintiffs' moving for removal rather than a defendant, and plaintiffs cite no grounds that authorize such a procedure. This court further observes on May 24, 2023, the Central District of California ordered the matter remanded to Placer County Superior Court for a lack of federal jurisdiction. Special Motion to Strike Defendants Kristina Pelletier and Arnold L. Graff ("A...

Excerpt: ...nity to re- file the motion to fix procedural deficiencies. Ms. Dolmo re-filed the motion July 10, 2023. Mr. Miller had initially filed an opposition May 3, 2023. He then refiled his opposition July 24, 2023. Ms. Dolmo filed a reply June 1, 2023, a sur reply without leave of court on July 10, 2023 that appears to be a duplicate of the June 1, 2023 filing. Ms. Dolmo then filed a second sur reply without 3 leave of court on August 3, 2023 asking th...

Excerpt: ... to the City's motion. Ruling on Motion The motion is denied. The filing of a contest to the settlement requires the moving party to provide the court with declarations and other evidence demonstrating the facts necessary for the court to evaluate the settlement in light of the Tech-Bilt factors. (Ibid.) At a minimum, the moving party must explain who has entered into the settlement; the amount of the settlement; the allocation of the settlement,...

Excerpt: ...s Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 503.) The complaint is reviewed keeping this in mind. First Cause of Action — Constructive Fraud Plaintiff's first cause of achon alleges a claim for constructive fraud. This type of claim arise...

Excerpt: ...erreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7-Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through arms-length bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is experienced in sim...

Excerpt: ...for a common interest development. The Act does not define the term "prevailing party", nonetheless, case law has interpreted the term to mean the party who prevailed "on a practical level" by achieving the main litigation objectives. (Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 260; Villa De Las Palmas Homeowners Assn. v. Terifaj (2004) 33 Cal.4th 73, 94; Almanor Lakeside Villas Owners Assn. v. Carson (201...

Excerpt: ...(c); SASCO v. Rosendin Electric, Inc. (2012) 207 Cal.App.4th 837, 848-849.) The request is brought by the defendant who prevailed after a jury trial, so the applicable analysis looks to whether the claim of misappropriation was made in bad faith. Bad faith for the purposes of attorneys' fees under UTSA refers to a claim that was objectively specious and plaintiff subjectively harbored bad faith. (Cypress Semiconductor Corp. v. Maxim Integrated Pr...

Excerpt: ...ion was filed and set for hearing within the proper timelines. The hearing was continued twice due to strained judicial resources and over setting on the court's calendar. The court expressly finds that the continuances were required due to the conditions of the court's docket. Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Ruling on Objections Defendants' objections are d...

Excerpt: ... probability that the overriding interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no less restrictve means to achieve the overriding interest. (California Rules of Court, Rule 2.550(d).) Plaintiff identifies a single area of confidentiality, namely, his personal medical records attached as Exhibit B of the com#ndium of exhibits in support of defendant's motion to compel...

Excerpt: ...ing party", nonetheless, case law has interpreted the term to mean the party who prevailed "on a practical level" by achieving the main litigation objections. (Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 2ü Villa De Las Palmas Homeowners Assn. v. Terifaj (2Cu) 33 Cal.4th 73, 94; Almanor Lakeside Villas Owners Assn. v. Carson (2016) 246 Cal.App.4th 761, 773.) Here, it cannot be determined defendant prevaile...

Excerpt: ... judicial notice is granted under Evidence Code section 452. Real party's request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The moton is granted. In the current request, the real party seeks to recover $140,265.W plus a 1.5 multiplier, for a total fee award of $350,662.n, plus $230.35 in costs. Real party asserts that attorneys' fees are recoverable pursuant to Code of Civil Procedure secton 1021.5. This sec...