Excerpt: ... to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff submits evidence establishing an agreement to provide legal services to defendant Paul Nau. (Pltf. SSUMF 1.) During the course of that representation, plaintiff sent defendant monthly billing statements which detailed the services provided, the time expended, the costs incurred, and the balance due. (Pltf. SSUMF 4.) Defendant m...

Excerpt: ... may be made on the grounds that a cause of action does not state facts sufficient to constitute a valid cause of action. Code Civ. Proc. § 438. Defendant's motion seeks judgment on the complaint on the grounds that the complaint is not verified. As a preliminary matter, a motion for judgment on the pleadings does not appear to be the proper vehicle to challenge the complaint due to the lack of verification. The proper objection where a party fa...

Excerpt: ...g objections are overruled. Plaintiffs' objections to the declaration of William Flournoy are ruled on as follows: Objection Nos. 3, 7 and 8 are sustained. The remaining objections are overruled. Plaintiffs' objections to the declaration of Frieda Fisher‐Dubois are ruled on as follows: Objection No. 2 is sustained. The remaining objections are overruled. Plaintiffs' objections to other evidence submitted by defendants are ruled on as follows: O...

Excerpt: ...ed the “supplemental opposition” filed by plaintiff on May 8, 2020. The court notes that plaintiff first filed opposition to defendant's motion on August 30, 2019. After the court granted a continuance pursuant to Code of Civil Procedure section 473c(h), plaintiff filed a subsequent opposition on March 6, 2020. The supplemental opposition would be the third responding memoranda to plaintiff's motion, and considering the supplemental oppositio...

Excerpt: ...expired. Code Civ. Proc. § 438. The same rules governing demurrers apply. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999. 5 Tort liability against a public entity requires an authorizing statute or enactment. Gov. Code § 815(a); Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802. Plaintiff points to no statutory authority to assert a claim against a public entity for general negligence, or for premises liability...

Excerpt: ...fession. Code Civ. Proc. § 483.010(c). Damages must be measurable 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. Based upon review of the plaintiff's application, the court finds pursuant to Code of Civil Procedure section 483.010 that plaintiff has established the probable validity of the claim exceed...

Excerpt: ..., 12, 13, 14, 15, 16, 17, 18 and 20 are overruled. Defendant's objections nos. 2, 3, 4, 5, 6, 9, 19, 21, 22 and 23 are sustained. Ruling on Motion Defendant European Rocklin, Inc., doing business as Audi Rocklin, seeks summary adjudication against what Audi Rocklin frames as a claim for negligent entrustment alleged in plaintiffs' complaint. The trial court engages in a specific analysis when reviewing a motion for summary adjudication. First, it...

Excerpt: ...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 motion for summary judgment must be supported by evidence establishing the moving party's right to relief. Regents of Univ. of Cal. v. Superior Court (1996) 41 Cal.App.4th 1040, 1044. “There is no obligation on the opposing party … t...

Excerpt: ...ng, 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. 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. A...

Excerpt: ...ments which he contends are responsive to these requests, and states that he has produced all responsive documents. Defendant submits no evidence suggesting that plaintiff may have additional documents which are responsive to these requests which have not been produced. The motion is denied as to Request Nos. 13 and 14. Plaintiff did not waive applicable objections as to these requests, as the objections were timely served within the one week ext...

Excerpt: ...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 conclusions of facts or law. Id. Pride's dem...

Excerpt: ...tion includes (1) the county where the agreement was made or is to be performed; (2) the county where any party to the court proceeding resides or has a place of business; and (3) any county in the state. Petitioner's corporate headquarters are located in Placer County and petitioner executed the agreement in Placer County. These facts provide the court with both jurisdiction and venue over the current petition. Turning to the substance of the re...

Excerpt: ... before the court with a unique posture. The motion is aimed at the original notice of lis pendens and the original complaint, neither of which is operative at this juncture. Plaintiff filed an unverified first amended complaint on February 3, 2020, followed by an amended notice of lis pendens filed on February 28, 2020. To further complicate matters, defendants insist that the first amended complaint should not be considered and the motion shoul...

Excerpt: ...nce; and (3) medical negligence, against defendants County of Placer, Devon Bell, and Does 1‐10. Defendants moved for judgment on the pleadings as to the second and third causes of action. On September 19, 2019, the court entered a ruling on submitted matter, granting defendants' motion for judgment on the pleadings without leave to amend. On January 15, 2020, the Third Appellate District filed notice that it was considering issuing a peremptor...

Excerpt: ... Civil Procedure section 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 fac...

Excerpt: ... are ruled on as follows: Objection Nos. 4 (as to the last sentence only), 8, 10, 11 (as to the second sentence only), 12, 13, 15, 18, 19, 20, 29, 32, 40, 41 and 42 are sustained. The remaining objections are overruled. 8 Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted. With respect to Exhibits 15, 16, 18‐ 25, 28, 30, 32‐34, and 36‐40, the court takes judicial notice of the fact that these documents ...

Excerpt: ... amount of $810 from plaintiffs' counsel. Code Civ. Proc. § 2033.280(c). Motion to Quash Depositions Subpoenas and for Protective Order As a preliminary matter, the court has considered plaintiffs' untimely reply in ruling on this motion. Plaintiffs move to quash a deposition subpoena for production of business records served on law firm Wells, Small, Fleharty & Weil, and depositions subpoenas served on Steve A. Small, Esq. and Dara Stead. Depos...

Excerpt: ...on. (Code of Civil Procedure section 1290; Mercury Ins. Group v. Superior Court (1998) 19 Cal.4th 332, 349.) Ruling on Motion The motion is denied. In the current request, Hilt seeks to compel arbitration between the parties based upon the arbitration provision found in the parties' residential purchase agreement (RPA). A threshold question for any motion to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger C...

Excerpt: ...ful anti‐ SLAPP motion. A motion for judgment on the pleadings 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.) A defendant challenging a complaint must show either (1) the court has no PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE ...

Excerpt: ... A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 4 of 16 with the defendants. The dispute is in the amount of fees that should be awarded in this instance. Determining the reasonable amount of attorney's fees begins with the lodestar method, i.e. the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Serrano v. Pri...

Excerpt: ...he 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.) The complaint and its three pleaded causes of action are reviewed keeping this in mind. �...

Excerpt: ...e ruling on submitted matter issued September 2, 2019, upon which the November 4, 2019 judgment is based, and enter an amended ruling on submitted matter and new and different judgment. Code of Civil Procedure section 663 empowers the trial court to set aside a judgment based on a decision by the court., where there is an incorrect or erroneous legal basis for the 2 decision, not consistent with or not supported by the uncontroverted facts. Glen ...

Excerpt: ... 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 truth of content...

Excerpt: ...iff's allegations or accuracy of the described conduct. (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A review of the complaint shows that it suffers from significant pleading deficiencies. The complaint does not identify causes of action, making unclear claims of discriminatory a...

Excerpt: ... of Business and Professions Code section 17200. Plaintiffs' fourth and fifth causes of action are wholly based on the purported violations of Civil Code sections 2923.5, 2924.11, and 2923.7. Nationstar's motion for judgment on the pleadings was granted with respect to plaintiffs' first, third and fourth causes of action. Subsequently, Nationstar moved for summary judgment on the 14 second and fifth causes of action, which motion was granted. A j...

Excerpt: ... 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 conclusions of fa...

Excerpt: ...guage of Code of Civil Procedure section 643(c) does not expressly allow for the filing of reply briefs when an objector files objections to a referee's recommendations. Monier's reply brief, however, is limited in scope and addresses a significant issue surrounding the payment of claims. The brief addresses further 3 legal arguments on issues raised by the parties. The court will consider Monier's reply brief in light of the significance of the ...

Excerpt: ...ion including (1) fraud in the inducement – intentional misrepresentation; (2) negligent misrepresentation; (3) fraud in the inducement – concealment; (4) fraud in the performance of contract – intentional misrepresentation; (5) violation of the SongBeverly Act; and (6) violation of the Consumers Legal Remedies Act. Defendants contend that each of plaintiffs' claims is barred by the applicable statute of limitations. Defendants also contend...

Excerpt: ...1.2, 945.4. If the application is not timely presented, the injured party may apply for leave to present a late claim within a reasonable time, not to exceed one year. Gov. Code § 911.4. If the application is denied, the injured party may petition to the trial court for relief from the provisions of Government Code section 945.4. Gov. Code § 946.6. In order to be entitled to relief under Government Code section 946.6, petitioner must establish ...

Excerpt: ...ble of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. As a preliminary matter, the court finds that the motion is not barred as untimely. Neither Civil Code section 3287 nor any other rule specifies when prejudgment interest mus...

Excerpt: ... lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) the likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party; and (4) the length of ...

Excerpt: ... 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 third cause of action alleges negligent infliction of emot...

Excerpt: ...adings, not the truth of the 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 o...

Excerpt: ...omply with the court's prior order entered on June 14, 2019. Initially, the court declines to plaintiff's request for terminating sanctions or monetary sanctions. Terminating sanctions are an extreme sanction for those cases where misuses of the discovery process are so pervasive that a less drastic sanction will not sufficiently address the discovery derelictions. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐797.) The purpose of discovery ...

Excerpt: ...of Civil Procedure section 415.20(b), which states: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Servic...

Excerpt: ...duction 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. The motion for summary judgment must be supported by evidence establishing the moving party's right to relief. Regents of Univ. of Cal. v. Superior Court (1996) 41 Cal.App.4th ...

Excerpt: ...t may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading”. Code Civ. Proc. § 473(a)(1). The court's discretion will generally 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 ...

Excerpt: ...rays for holdover damages beginning on November 1, 2019, a date that is prior to expiration of the 3‐day notice, in addition to seeking past‐due rent of $3,800. The 3‐day notice suggests that the total requested may include amounts that do not constitute unpaid rent, such as “late penalties or other fees accumulated”. Finally, the 3‐day notice fails to comply with Code of Civil Procedure section 1161(2), as it fails to state how the r...

Excerpt: ... for a fixed or readily ascertainable amount not less than $500, that is unsecured or secured by personal property, and arising against a defendant who is a natural person for claims arising out of conduct by the defendant of a trade, business or profession. Code Civ. Proc. § 483.010(c). Damages must be measurable by reference to the contract itself, and the basis for computing damages must be reasonable and certain. CIT Group/Equipment Financin...

Excerpt: ...or judicial notice is granted under Evidence Code section 452. Ruling on Motion In the current motion, defendants The Frank Law Group, P.C. and Brett Rosenthal seek summary judgment as to plaintiff's second cause of action for professional malpractice, which is the only remaining cause of action aimed at these defendants. The trial court engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope o...

Excerpt: ...ent 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 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 the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The first amended comp...

Excerpt: ...mary judgment, or in the alternative, summary adjudication of plaintiff American River Bank's (“ARB's”) causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair business practices. 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. (200...

Excerpt: ... objections, which included objections to RPD no. 4. From April 2019 through October 2019, the parties engaged in a significant informal discussion regarding the scope of discovery. During this meet and confer process, the parties agreed to limit the scope of RPD no. 4 to “dental records for patients whose treatment was billed to Denti‐Cal from March 11, 2015 to June 13, 2016 for the following dental procedures that are identified in the comp...

Excerpt: ...d an opportunity to respond. (Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8.) Ruling on Objections Defendants' objections nos. 1 through 3 are sustained in their entirety. Plaintiff's objection and request for continuance of the motion is denied. Code of Civil Procedure section 437c(h) allows for a party to seek a continuance to obtain discovery. The party seeking such a continuance must make a good faith showing, by affidavit, to e...

Excerpt: ...1. Nevertheless, the court maintains discretionary power to grant relief. Id. at 289‐290; Lee v. Wells Fargo Bank, N.A. (2001) 88 Cal.App.4th 1187, 1200. In this case, the court finds that plaintiff's failure to timely file its motion for fees was due to the excusable neglect of counsel. The court further finds that the motion for relief was made within a reasonable time, and that defendant will not be prejudiced by permitting relief. According...

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 tr...

Excerpt: ...oes 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 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 the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, ...

Excerpt: ...e of Civil Procedure section 436(a), (b).) The grounds for a motion to strike must appear on the face of the pleading or from judicially noticeable matters. (Code of Civil Procedure section 437(a).) Here, defendant seeks to strike various allegations within paragraph 10 of the complaint that refer to negligence per se presumptions along with presumed statutory violations of Business & Professions Code section 725 and 1680. The court has carefully...

Excerpt: ...erit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) However, a motion for summary adjudication shall only be granted where it completely disposes of a cause of action. (Ibid.) The moving party bears the initial burden of establishing every element of the cause of action. (Id. at 437c(p)(1).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of mater...

Excerpt: ...Ins. Services, Inc. v. Gaddy (2009) 159 Cal.App.4th 1292, 1307‐1308.) Ruling on Motion In the current motion, plaintiff seeks leave to amend her original complaint to include additional defendants along with adding allegations regarding punitive damages. Plaintiff's request is granted as to the naming of additional PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JAN...