Excerpt: ... (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. No extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nels...

Excerpt: ...was issued on October 21, 2021, narrowing the scope to four (4) separate categories of records for conduct prior to May 30, 2019 related to minor J.W., who plaintiff alleges sexually assaulted her. The parent of J.W. again objects to the production of any documents. The documents sought here are student educational records, which are confidential under both federal and state law. (20 U.S.C section 1232g(b)(1); Education Code section 49076.) Absen...

Excerpt: ...he motion is denied. The trial court shall grant a motion 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 judgment as a matter of law.” (Code of Civil Procedure section 437c(c).) The moving party bears the initial burden of establishing that one or elements of a cause of action cannot be established or there is a complete defense to the cause o...

Excerpt: ...ants' Motion for Monetary Sanctions and Punitive Damages Defendants' motion for monetary sanctions and punitive damages against plaintiffs' counsel pursuant to Code of Civil Procedure section 128.5 is denied. Defendants do not demonstrate compliance with the safe harbor provisions of the statute. Code Civ. Proc. § 128.5(f)(B). The court does not find that plaintiffs' filing of a memorandum of costs in this action was done in bad faith, frivolous...

Excerpt: ...leading in the furtherance of justice and on such terms as may be just. Code Civ. Proc. §§ 473(a)(1), 576. Leave to amend is generally exercised liberally so long as there is no showing of prejudice to the opposing party. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428; Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158. Courts must apply a policy of great liberality in permitting amendments to the complaint “at any stag...

Excerpt: ...curred on November 2, 2021. Defendants failed to appear at trial, which according to the minutes proceeded in defendants' absence at 11:39 a.m. The current motion was filed on December 1, 2021. 2 Defendants note a family court hearing scheduled during the same time as the unlawful detainer trial. Defendants had previously requested permission to appear by video at the trial because of the conflicting hearings. Notably, defendants did not request ...

Excerpt: ...s and telephone number, as well as the next hearing dates set in the matter. Motion to Compel Arbitration Defendants move to compel arbitration. The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. Under both federal and state la...

Excerpt: ...s exist to obtain the information than to depose opposing counsel; (2) the information sought is relevant and not privileged; (3) the information is crucial to the preparation of the case.” 5 Spectra‐Physics, Inc. v. Superior Court (1988) 198 Cal.App.3d 1487, 1494. This standard has also been applied when the attorney to be deposed is a former opposition counsel. Nemirofsky v. Seok Ki Kim (N.D. Cal. 2007) 523 F.Supp.2d 998. Although not bindi...

Excerpt: ...s 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. Defendant argues that the 60‐day notice attached to the complaint fails to comply with the California Tenant Protection Act of 2019 (“TPA”). Defendant is correct that the 60‐ day notice fails to comply with the requirements of Civil Code section 1946.2, which contrary to plaintiffs' arguments was in effec...

Excerpt: ...established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfie...

Excerpt: ...moving for summary judgment bear the burden of persuasion that one or more elements of the causes of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the op...

Excerpt: ...d it is entitled to judgment in its favor. Code Civ. Proc. § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff alleges claims of breach of contra...

Excerpt: ...inst defendant. Nor can it be read that the alter ego allegations are applicable to other causes of action as the moving defendant is only named in the fifth causes of action. In light of these deficiencies, the demurrer is sustained in its entirety. A second amended complaint may be filed and served by December 17, 2021. Defendant Kara Schacke's Motion to Strike the First Amended Complaint (FAC) The motion is granted without leave to amend. A mo...

Excerpt: ...sufficiency of the pleading, not the truth of the 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. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court reviews the FAC‐C keeping these principles in mind. Turning to the second cause of action, a breach ...

Excerpt: ... of the court. (Code of Civil Procedure section 436(a),(b).) In this instance, defendants seek to strike the prayer for damages and attorneys' fees alleged against them, asserting these allegations are improper since the claims against them do not warrant such relief. The court agrees. A review of the complaint shows the causes of action alleged against defendants include cancellation of instrument; PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LA...

Excerpt: ... a reasonable belief that she would prevail on the issue of plaintiff's injuries when defendant denied RFAs nos. 9 and 18. Defendant, however, has not made a sufficient showing to support such a finding. To the extent defendant relied on the expert opinion of Dr. Peter Sfakianos, the evidence presented to the court shows Dr. Sfakianos identified soft tissue injury as a result of the collision. In light of this evidence, it was not reasonable for ...

Excerpt: ...there is a complete defense to the cause of action. (Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary adjudication, the trial court must view the supporting evidence, and inferences reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Company ...

Excerpt: ...y; (2) the diligence or lack of diligence in seeking discovery and the reasons discovery was not completed; (3) any likelihood that permitting the reopening of discovery would interfere with the currently set trial date; and (4) the length of time that has elapsed between the prior trial date and the currently set trial date. (Code of Civil Procedure section 2024.050.) In this instance, the moving party has not made a sufficient showing to suppor...

Excerpt: ...laration of Kristian Knapp, the court has also considered the untimely declaration in ruling on this motion. Moving defendants seek a protective order in response to plaintiff's demand for inspection of the gymnasium and cafeteria, and plaintiff's separate demand served on codefendant ShowBiz Event Lighting (“ShowBiz”) for inspection of certain identified sound equipment. Moving defendants ask that the inspection be limited to a weekday, betw...

Excerpt: ...ber 15, 2021, and October 20, 2021, due to the death of her father. In opposition to defendant's motion, plaintiff submitted photographs taken by defendant's neighbor supporting plaintiff's argument that defendant was in fact present at the subject residence during the aforementioned time period, including the date of service. Because the opposition was not timely processed in advance of the originally scheduled hearing date, the hearing was cont...

Excerpt: ...42. A proof of service filed October 1, 2021, states that defendant was served by personal service with an order to appear for examination and civil subpoena duces tecum on August 16, 2021, at 8:00 a.m., at 9790 King Road, Loomis, California, which is judgment debtor's residence. In support of the motion, the registered process server who purportedly effectuated service also submits a declaration with additional details regarding the service. The...

Excerpt: ...lender's motion and issued an order requiring Hart to serve responses to the subject discovery on or before September 17, 2021. The court also imposed sanctions on Hart in the amount of $700. Hart did not comply with the court's order requiring service of responses by September 17, 2021. Plaintiff's counsel attempted to meet and confer with Hart on September 23, 2021, and September 27, 2021. Hart indicated that she did not feel safe disclosing an...

Excerpt: ... Petitioner's objections. Petitioner testified on August 15, 2020, he was parked on the right side of the road, not blocking traffic, on his phone for about 15 to 18 minutes when contacted by Officer Wahl. (AR 113:19– 20; 114:2–10.) Officer Wahl wanted to take a breathalyzer, and when Petitioner said he wanted to speak to a lawyer, Officer Wahl arrested Petitioner. (AR 124:24–25; AR 125:9–12.) At the CHP office, Officer Wahl told Petition...

Excerpt: ... either category. There is nothing within the request to establish the document comes from the LWDA records, so it does not qualify as an official record under Evidence Code section 452(c). Nor can it be determined the contents of the letter are undisputed. Indeed, defendant's current challenge raises a dispute over the interpretation of the contents of the letter. Defendant's citations to unpublished federal cases to support judicial notice of t...

Excerpt: ...t are brought primarily to chill the valid exercise of a party's constitutional right of petition or free speech. Code Civ. Proc. § 425.16(a); see also Sylmar Air Conditioning v. Pueblo Contracting Svcs., Inc. (2004) 122 Cal.App.4th 1049, 1055‐1056. In determining whether an action or claim is a SLAPP suit subject to a special motion to strike, the court evaluates first whether the claim arises out of the defendant's protected speech or petiti...