Excerpt: ...aintiff asserted that the court has personal jurisdiction over the moving party. Accordingly, the motion remains premature. Defendant's request that the court dismiss the action must also be denied as no such request was stated in the notice of motion. Notwithstanding the denial of defendant's motion, based on the court's review of the file, grounds currently exist for discretionary dismissal of the action against all defendants based on the fail...

Excerpt: ...e, a court rule, or an order of the court.” Code Civ. Proc. § 436. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. Code Civ. Proc. § 437. 4 Defendants' motion is denied as to Paragraphs 9, 10, 11, 12, 15, 16 and 18. The subject allegations were included in plaintiff's original complaint. As to those allegations which were identified in defendants' m...

Excerpt: ...ror as opposed to presenting substantively new evidence. Nextitle's objections nos. 1 and 2 are overruled. Ruling on Motion The motion is denied. Initially, the court agrees with Nextitle's assertion that the fourth and sixth causes of action are no longer asserted against it. Nextitle was originally dismissed from the action and brought back as Doe 1. The fourth and sixth causes of action are not aimed at Doe 1. Thusly, the court reviews the cur...

Excerpt: ...tion The motion is denied. Skyline brings this motion seeking a new trial based upon (1) irregularities in the proceedings and (2) newly discovered evidence. (Code of Civil Procedure section 657(1), (4).) Skyline fails to make a sufficient showing to warrant a new trial. Skyline's primary contention focuses on purportedly newly discovered evidence. Specifically, Skyline asserts that the July 2021 letter drafted by defendant and attached to the co...

Excerpt: ...ppearance in this action. A special appearance is done so that a defendant can object to the court's jurisdiction, allowing the court to determine the sole issue of jurisdiction over the person. (see Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1036– 1037; Titus v. Superior Court (1972) 23 Cal.App.3d 792, 801.) Defendant Fullmer's opposition to the current request is substantive in nature, it does not oppose the court's jurisdic...

Excerpt: ...vice on defendant on September 17, 2021. On September 20, 2021, the clerk served notice of time and place for trial on the parties, setting the case for trial on October 5, 2021. Defendant failed to appear at trial, and judgment was entered in favor of plaintiff. The court's records reflect that after trial concluded, the clerk erroneously set an order to show cause re dismissal hearing on January 31, 2022. Defendant moves to set aside the judgme...

Excerpt: ... stipulated: Defendants agree to vacate the subject premises by Sept. 15, 2021 and to pay the sum of $3390 by August 3, 2021. If this is done timely plaintiff agrees to dismiss the action with prejudice. If not, judgment shall enter for plaintiff upon default declaration. Plaintiff to dismiss/set aside default judgment against Cheryle Reed and Tiara Reed. According to plaintiffs, the monetary portion of the settlement agreement was timely paid. O...

Excerpt: ...ate actions that involve common questions of law or fact. Walker v. Walker (1960) 177 Cal.App.2d 89, 91‐92. The purpose of consolidation is to promote trial convenience and economy by avoiding duplication of procedure, especially with respect to the proof of issues common to both actions. See McClure, on Behalf of Caruthers v. Donovan (1949) 33 Cal.2d 717, 722‐723. Consolidation rests within the sound discretion of the trial court. Miller's r...

Excerpt: ...fendants' motion are not persuasive. Neither the court's jurisdiction over a now‐dismissed party nor Code of Civil Procedure section 664.6 are implicated by discovery requests seeking facts and documents in plaintiff's possession. While the court does not resolve the issue of defendants' entitlement to offset for the purposes of this motion, defendants adequately demonstrate the potential for offset based on the claims pleaded in this action, a...

Excerpt: ...at the court strike Calder's fifth, sixth, seventh, eighth and ninth causes of action, and further requested that the court strike Paragraphs 75, 77, 109, 117, 131, 145 and 154, on the grounds that the claims and allegations arose from protected activity. The court granted Jarvis's motion as to the sixth cause of action, and Paragraphs 75, 109, and 117(B), (C) and (F). The motion was otherwise denied. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL ...

Excerpt: .... The remainder of the objections are overruled. Ruling on Application Plaintiff's application is granted subject to the posting of a $5,000 bond. The court may grant a preliminary injunction 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 of Civil Procedure section 526(a).) In making this determination,...

Excerpt: ...staurants, Inc. (collectively “defendants”). A party may move for summary adjudication if it contends that there is no merit to an affirmative defense. Code Civ. Proc. § 437c(f)(1). A moving plaintiff has the initial burden of showing that the affirmative defense has no merit. Code Civ. Proc. § 437c(p)(1). If plaintiff meets its initial burden, the burden shifts to defendant to show the existence of a triable issue of material fact as to th...

Excerpt: ... 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. Plaintiff's first cause of action alleges a dangerous condition of public property. Plaintiff alleges that on September 22, 2020, “the playground area and/or play equipment area” at Parker Whitney Elementary School (“the Premises”) was in a dangerous or defective ...

Excerpt: ...The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. Code Civ. Proc. § 437. To support a prayer for punitive damages, plaintiff must allege ultimate facts supporting a finding of oppression, fraud or malice on the part of the defendant. Civil Code § 3294(a). Malice includes conduct which is intended by the defendant to cause injury to the plaintiff, or des...

Excerpt: ...d he turned the complaint over to his current insurance carrier, believing it would handle the claim. Mr. McGrath states that he first learned on or about June 1, 2021, that no answer had been filed. Defendant moves for discretionary relief from the default and default judgment pursuant to Code of Civil Procedure section 473(b). Discretionary relief may be granted if defendant demonstrates that its failure to timely respond to the complaint was b...

Excerpt: ... Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9. 9 Defendant and respondent City of Lincoln (“defendant”) demurs to the verified petition for writ of mandate and complaint for declaratory relief filed by plaintiffs and petitioners Shamus McClure, Ken Daley and Scott Daley (collectively “plaintiffs”). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct...

Excerpt: ...iled this amended answer. The court declines to take judicial notice of the document since it has not yet been filed with the court. Ruling on Petition The petition is granted. Initially, the court will not issue a statement of decision in this case. Defendant made a conditional request for a statement of decision in the event the court denied the petition. (Defendant's P&As, p. 14:23‐24.) The court grants the petition, thusly, there is no viab...

Excerpt: ...documents related to minor J.W., who plaintiff alleges sexually assaulted her. The parent of J.W. 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.) Absent parental consent, the records may only be disclosed via a court order or lawfully issued subpoena. (20 U.S.C. section PLACE...

Excerpt: ...llegations 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 court reviews the FAC keeping this in mind. A review of the allegations within the FAC, when they are read as a whole, shows that they are sufficient to support the first and second causes of action at this pleading stage. The demurrer is overruled as to the first ...

Excerpt: ...A Fire & Casualty Insurance Company moves for summary judgment, or alternatively summary adjudication of each cause of action alleged by plaintiffs, 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 judgment bear the burden of persuasion that one o...

Excerpt: ...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 they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. In 2 rulin...

Excerpt: ...e substantially code compliant and (2) the failure to timely respond was the result of mistake, inadvertence, or excusable neglect. (Ibid.) Defendant has made a sufficient showing to warrant relief from the waiver. This leaves the competing requests for sanctions brought by both parties. The court is compelled to note this request is not one that should have required court intervention. Both counsel play a technicalities game that assists neither...

Excerpt: ...e standards set forth in Tech‐Bilt v. Woodward Clyde & Associates (1985) 38 Cal.3d 488, the settlement at issue is within the reasonable range of the settling cross‐defendant's proportionate share of liability for plaintiffs' injuries and therefore is in good faith within the meaning of Code of Civil Procedure section 877.6. Cross‐Defendant California Mantel & Fireplace, Inc.'s Motion for Determination of Good Faith Settlement The motion is...

Excerpt: ...ustin Naranjo are ruled on as follows: Objection Nos. 1, 3, 4, 5, 9 and 10 are sustained. The remaining objections are overruled. Defendants' objections to the declaration of Sophia Perez are ruled on as follows: Objection Nos. 1, 3, 4, 5, 6, 10 and 11 are sustained. The remaining objections are overruled. Defendants' objections to the declaration of Anna Taran are ruled on as follows: Objections Nos. 1, 2, 4, 5, 6, 7, 10 and 11 are sustained. Th...

Excerpt: ...ervices v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The court reviews the subrogation complaint keeping these principles in mind. Defendants challenge both causes of action in the complaint, asserting a lessee cannot be held responsible for negligently causing fire damage where the lessor's insurance policy is for their mutual benefit. (W. Heritage Ins. Co. v. Frances Todd, Inc. (2019) 33 Cal.App...