Excerpt: ... overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Cal. R. Ct., rule 2.550(d). In her moving papers, Lubell unequivocally argues that the subject document, an email sent by counsel for plaintiffs and cross‐ defendants Kim Johnson and KD Johnson and Associates, to counsel for Lubell on or about June 28, 202...

Excerpt: ...n (collectively “Chambers”) move for summary adjudication as to the first cause of action for breach of contract, and fourth cause of action for declaratory relief, alleged in their cross‐complaint against cross‐defendants Richard H. Brown and RB Waterfronts, LLC (collectively “Brown”). A party may move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showin...

Excerpt: ...ons The motion is granted. The matters encompassed in defendant Terri Brodsky's request for admissions, set two, nos. 13 through 21 are deemed admitted as to plaintiff Justin Mendoza. Sanctions in the amount of $1,170.00 are imposed upon plaintiff Justin Mendoza. Defendant Terri Brodsky's Motion to Compel Special Interrogatories at to Plaintiff Justin Mendoza and Sanctions The motion is granted. Plaintiff Justin Mendoza shall provide verified res...

Excerpt: ... 20, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 5 Ruling on the Motion In the current request, plaintiff seeks summary judgment or summary adjudication against all defendants other than Kimberly Sheetz. A motion for summary judgment in an unlawful detainer action may be brought at any time after the answer is filed upon five days' notice. (Code Civ. Proc., § 1170.7.) A ...

Excerpt: ...E HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR JANUARY 20, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 5 of 5 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 deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. St...

Excerpt: ...he 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; Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 234‐235. “[I]f the proposed settlement appears to be the product of serious, informed, non‐collusive negotiations, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the ...

Excerpt: ...d with respect to the current motion. See Cal. R. Ct., rule 2.551. Accordingly, the court has not considered the unfiled and unredacted copies of the opposition or declaration of counsel in ruling on this motion. The clerk is directed to return the unredacted copies to Aizen's counsel. Plaintiffs and cross‐defendants seek leave of court to file an amended complaint, amended answer to cross‐complaint, and cross‐complaint. The court may permi...

Excerpt: ... seek to compel non‐party and counsel for defendants Damrell, Nelson, Schrimp, Pallios & Silva to produce documents falling under the attorney‐client privilege. Plaintiffs have not sufficiently shown a basis for production of these privileged documents nor have plaintiffs sufficient shown any waiver of the attorney‐client privilege by PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TE...

Excerpt: ...hat a less drastic sanction will not sufficiently address the discovery derelictions. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐ 797.) In light of the extreme effect of terminating sanctions, courts do not impose such a sanction lightly. The purpose of discovery sanctions is to prevent abuse of the discovery process and correct problems presented. (Do v. Superior Court (2003) 109 Cal.App.4th 1210, 1213‐1214.) It is not a weapon to prov...

Excerpt: ... Demurrer The demurrer is overruled. A demurrer is reviewed under well‐established principles. The sufficiency of the pleadings, not the truth of allegations or accuracy of the described conduct, is tested. (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; Gomes v. Countrywide Home L...

Excerpt: ...Rulings Page 7 of 7 Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Ruling on Demurrer The demurrer is sustained with leave to amend. A complaint is subject to demurrer where it is brought by someone other than the real party in interest. (Pillsbury v. Karmgard (1994) 22 Cal.App.4th 743, 753‐754.) A trust is not a separate entity from a trustee, thusly an action cannot be...

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

Excerpt: ...t 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 truth...

Excerpt: ...s: Objection Nos. 2, 8, 9, 11, 12, 13, 20, 23, 30, 31, 36, 41 and 45 are sustained. The remaining objections are overruled. Ruling on Motion Defendant and cross‐complainant Leopoldo Ayala, individually and as successor trustee of the Leopoldo Rodriguez and Ana Rosa Ayala 2013 Revocable Trust and as successor trustee of the Leopoldo R. Ayala Family Trust of July 14, 1993 (hereinafter “defendant”) moves for summary judgment, or in the alterna...

Excerpt: ...rt also determines petitioner's opposition is timely and shall consider the filing. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR JANUARY 6, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 7 of 10 Objections Petitioner's objections are sustained in their entirety. Ruling on Motion The motion is denied...

Excerpt: ...– DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 10 Ruling on Motion In the current request, plaintiff seeks $4,805.82 in costs/expenses and $80,430.00 in attorneys' fees under Civil Code section 1794(d). Plaintiff seeks the award as the prevailing party after accepting defendants' Code of Civil Procedure section 998 offer. Turning first to the costs and expenses sought by plaintiff, the request is granted in its en...

Excerpt: ...p.4th 1399, 1405. Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. It is the moving party 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. “‘[A] p...

Excerpt: ...unction when it appears from the complaint that the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if the enjoined action were allowed to proceed. Code Civ. Proc. § 526(a). In making this determination, the court looks to (1) a balancing of the hardships of the parties and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. Baypoint Mortgage Corp. v. Crest Premiu...

Excerpt: ...ies”. Motions for reconsideration are restricted to circumstances where a party offers some fact or circumstance not previously considered, and some valid reason for not offering it earlier. Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500. A motion for reconsideration must be accompanied by an affidavit or declaration from the moving party which states what application was made previously, when and to what judge the application was made,...

Excerpt: ...rty has not exhausted less intrusive means of discovery. Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, 1287‐1288. When a plaintiff seeks to depose a corporate president or other official at the highest level of corporate management, and that official moves for a protective order to prohibit the deposition, the trial court should first 2 determine whether the plaintiff has shown good cause that the official has unique or ...

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

Excerpt: ...d 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 arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (199...

Excerpt: ...ary judgment, or alternatively summary adjudication of each cause of action alleged against him by plaintiffs Angelica Amaya (“Amaya”) and California Renewable Energy Program, LLC (“CRE”), as well as the prayer for punitive damages. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants moving for summary j...

Excerpt: ...eply are sustained. Plaintiff moves for summary judgment with respect to her claim for breach of contract as alleged against defendant Ashley Sutton. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). A plaintiff moving for summary judgment bears the initial burden of showing that there is no defense to her action, and sh...

Excerpt: ... motion was heard. (Code Civ. Proc., § 1008, subd. (b); Hennigan v. White (3d Dist. 2011) 199 Cal.App.4th 395, 405.) Defendant has not set forth new or different facts, circumstances, or law that could not have been presented when the initial motion was heard. Motions for statutory relief from default must be made within six months. (Code Civ. Proc., § 473, subd. (b).) This time period is jurisdictional, and the court may not consider a motion ...