Excerpt: ...laintiff's counsel to defense counsel, which defendant argues was a valid settlement offer to settle plaintiff's claims against defendant for policy limits. Defendant further argues that the offer was accepted, and that a binding settlement agreement was entered into. This claim is the basis for defendant's second amended cross‐ complaint, which seeks specific performance of the alleged settlement agreement. Defendant moved for summary judgment...

Excerpt: ...surable 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. In this case, defendant fails to establish that the claim sued on is a commercial claim. Against an individual, attachment lies only on a claim that arises “out of the conduct by the defendant of a trade, business or profession.” Code Civ. Proc....

Excerpt: ...ation as to their first cause of action for quiet title and second cause of action for declaratory relief along with summary adjudication of the corresponding quiet title and declaratory relief claims alleged in defendant's cross‐complaint. The motion is improper to grant on procedural grounds since it is aimed at pleadings that have been superseded by amendments. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HON...

Excerpt: ...ection 2025.230; and (3) require meet and confer and mutual coordination over a period not exceeding five business days, for notices, subpoenas or requests for SPS PMQ deposition testimony or SPS percipient witness testimony occurring in Utah. A party or deponent may seek a protective order where, upon a showing of good cause, an order is necessary for protection from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. ...

Excerpt: ...f a building at a job site where Bonner was performing work. At the time of the incident, Bonner was acting as an employee for Lawson and Lawson was performing work pursuant to a Master Subcontract Agreement with Turner. Turner contends that Lawson has a duty to defend, indemnify, and hold Turner harmless from plaintiff's claims pursuant to the language of the Master Subcontract Agreement. Thus on June 29, 2020, Turner tendered their defense and ...

Excerpt: ...ied School District demurs to the first cause of action for dangerous condition of public property, alleged in plaintiff Gage Menezes's first amended complaint. 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....

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 9 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. The demurrer is sustained. A claim for i...

Excerpt: ...s but noted she still had mood swings, irritable behavior, and difficulties sleeping. There are no updated medical records establishing Ava has completely recovered from the emotional issues, sleeping, and headaches as attested to in paragraph 8.a. in the petition. The current petition now attests that the monies will be transferred to a custodian for Ava's benefit under the California Uniform Transfers to Minors Act [UTMA]. The attachments to th...

Excerpt: ... section 473(d). Defendants assert the court had no jurisdiction to enter either since they were not served, so the court did not have personal jurisdiction over them. The court may set aside a void judgment at any time. (Code of Civil Procedure section 473(d); OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318, 1327.) A judgment is only considered void on its face where a review of court records, without the aid of e...

Excerpt: ...ode of Civil Procedure section 2030.290(c).) Nonetheless, repeated conduct of failing to comply 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 Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) Plaintiff Northern California Collection Service, Inc.'s Motion to Compel R...

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. The demurrer is overruled as to plaintiff's first cause of action for general negligence. The complaint, read as a whole, alleges sufficient facts to support thi...

Excerpt: ... of 7 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. The demurrer is overruled. A plaintiff may pursue inconsistent counts in a complaint by pleading cla...

Excerpt: ...1 and 2 are sustained. Objection No. 3 is overruled. 5 Ruling on Motion Plaintiff Future Ford, Inc. seeks a preliminary injunction against defendant Jason Parks. The requested injunction would prevent defendant from using, disseminating, communicating, conveying, disclosing, copying, duplicating, modifying and/or destroying information regarding current or potential Future Ford customers, which information plaintiff identifies as confidential, pr...

Excerpt: ...ll 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 impose such a sanction lightly. The totality of the circumstances surrounding the discovery violations are considered when ordering terminating sanctions: (1) whether the party's conduct was willful; (2) the detriment to the propounding party; and (3) the number of fo...

Excerpt: ...complaint in this action does not pray for attorneys' fees. However “where a party's right to attorneys' fees rests on section 1717, the fact that the entire contract was before the court in the original action is a sufficient ‘pleading' to authorize an attorneys' fees award.” See PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR FEBRUARY 10, 2022 AT 8:30 A.M. PLAC...

Excerpt: ... 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.) The demurrer is sustained. The complaint does not allege a valid cause of action for unlawful detainer. The complaint alleges the Tenant Protection Act of 2019 applies to this case. (Complaint para. 7(b).) Under this Act, when a landlord seeks at‐fault termination, the landlord must provide the t...

Excerpt: ...quest for sanctions is denied. The premise of defendant's request is that plaintiff intentionally withheld certain information regarding the alleged need for future fusion surgery in this personal injury action. Defendant has not established that this information was known to plaintiff and/or his counsel prior to the time that plaintiff served supplemental responses. Further, the court previously determined that a request to strike the admission ...

Excerpt: ...dicated in the introductory paragraph of the court's tentative rulings. The current hearing was set by minute order filed December 15, 2021. The matter is set for a motion for reconsideration, or to set aside the court's ruling on plaintiff's motion to vacate, issued on November 9, 2021. By way of background, plaintiff's motion to 4 vacate, filed October 13, 2021, sought relief relating to the court's ruling from August 10, 2021, which sustained ...

Excerpt: ... Rawlins, and co‐defendants Alan Roberts and Beverly Roberts (collectively “the Robertses”). A party must make a demand for exchange of expert witness information no later than the 10th day after the initial trial date has been set, or 70 days before the trial date, whichever is closer to the trial date. Code Civ. Proc. § 2034.220. Expert witness discovery closes fifteen days before the initial trial date. Code Civ. Proc. § 2024.030. Moti...

Excerpt: ...App.3d 593, 604.) Where a party has been previously granted leave to amend, the amendment may not extend beyond the scope of the court's prior permission. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) The allegations made in paragraphs 7 through 10, when read in conjunction with general allegations and breach of contract allegations within the first cause of action, are sufficient to allege a claim of breach of contract ag...

Excerpt: ...s, 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. The court cannot consider extrinsic evi...

Excerpt: ...y is entitled to a judgment as a matter of law”, disposing of the entire action. (Code of Civil Procedure section 437c(c).) This is compared to summary adjudication, which disposes of one or more causes of action. (Code of Civil Procedure section 437c(f)(1).) The analysis for both challenges is the same. There are a few essential points the court focuses on when reviewing such a dispositive motion. The first involves a review of the operative p...

Excerpt: ...ned. The court is unable to rule on objections nos. 1 (to Exhibit No. 3) and 2 (to Exhibit No. 4) as the plaintiff did not file any documents containing the objected to exhibits. 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 denied. In the current request, plaintiff appears to seek summary judgment as to both his complaint and the defendant'...

Excerpt: ...ion to strike require clarification here. A demurrer is brought to challenge the legal sufficiency of a pleading. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The analysis does not look to the truthfulness or accuracy of the allegations within the complaint. (Ibid.) The complaint is read to deem all material facts as true even if the truth of the facts seem improbable. (Gervase v. Superior Court (1995) 31 Cal.App.4th 1218, PLACER COUNTY S...

Excerpt: ...st for judicial notice is denied. Defendant William Palmer demurs to the fifth cause of action alleged in the first amended complaint. 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)...