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...

Excerpt: ...d 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.) The current challenge is reviewed keeping this in mind. A review of the breach of contract claim reveals it is deficiently pleaded against the cross‐defendants. First, the allegations do not sufficiently allege crosscompla...

Excerpt: ...blished 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 Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) The court reviews the claims k...

Excerpt: ...little relevance to the matter pending before the court. Ruling on Demurrer In this instance, defendants demur to the single PAGA cause of action alleged in the original complaint. A demurrer is reviewed under well established principles. The complaint is read as a whole giving the pleading and its parts a reasonable interpretation. (Brown v. Ralphs Grocery Co. (2018) 28 Cal.app.5th 824, 833‐834.) All properly pleaded factual allegations and ma...

Excerpt: ... Moles are overruled. Defendant's objections to the declaration of Michael Mezzetti are overruled. Plaintiff moves to set aside default pursuant to Code of Civil Procedure section 473.5. Code of Civil Procedure section 473.5 gives the court discretion to grant relief from default or default judgment where service of summons has not resulted in actual notice to a party in time to defend the action. It is typically used in cases where service was m...

Excerpt: ... and requiring that any judgment obtained against defendant in this matter be paid from the equalization payment. Civil Code section 1708.6 authorizes the court to grant injunctive relief to prevent tortious conduct. The court is also generally authorized to grant injunctive relief in any civil action pursuant to the requirements of Code of Civil Procedure section 526. The court may grant a preliminary injunction when it appears from the complain...

Excerpt: ...uracy 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. Defendants argue that the termination notice attached to plaintiffs' complaint fails to comply with Code of Civil Procedure section 1161(2). This argument is inapplicable to the action as the complain...

Excerpt: ...ification of individuals who were involved in or otherwise witnessed plaintiff's condition, care and treatment while a resident at the “FACILITY”, defined as Crocus Holdings, LLC dba Roseville Care Center. Defendant raises two main objections to the foregoing interrogatories. First, defendant objects on the grounds that the information seeks personal information of employees and former employees in violation of those individuals' right to pri...

Excerpt: ...eclaration. Ruling on Motion Plaintiff seeks an order to enforce a particular portion of the parties' settlement agreement. Specifically, plaintiff seeks an order for sale of the property located PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 3 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR SEPTEMBER 23, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 3 Thursday Civil Law and Motion – Tentative Rulings Page ...

Excerpt: ...ires Direct's demurrer to the complaint. The hearing on this motion, however, was set a few weeks after Tires Direct's demurrer. Asghar also did not file any supporting documents in conjunction with this motion, which presented the venue challenge as being improperly filed. It is also noted Tires Direct's demurrer did not mention Asghar's venue challenge. Further, Tires Direct did not file its nonopposition to the venue challenge until a day afte...

Excerpt: ...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 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...

Excerpt: ...al condition of the defendant if it finds, based on consideration of the supporting and opposing affidavits presented, that plaintiffs have established a substantial probability of prevailing on their punitive damages claim. An award of punitive damages requires a finding of oppression, fraud or malice on the part of the defendant. Civ. Code § 3294(a). Malice includes conduct which is intended by defendant to cause injury to plaintiff, or despic...

Excerpt: ..., 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. Union Pacific's unopposed demurrer is sustained as to plaintiff's fourth cause of action for foreclosure of mechanic's lien. This claim fails to allege suf...

Excerpt: ...ants' request for judicial notice under Evidence Code section 452. Ruling on Motion In the current motion, defendants seek to expunge the lis pendens filed on April 15, 2020. The review for a motion to expunge lis pendens differs when it is brought after judgment in a case has been entered. The subject relief is generally required unless there is a pending appeal. (Amalgamated Bank v. Superior Court (2007) 149 Cal.App.4th 1003, 1015.) In this ins...

Excerpt: ...al jurisdiction in cases where the five‐day summons is not supported by a complaint which alleges the necessary allegations to support an unlawful detainer action against the defendant. Id. However, such a motion may not be used as a means to dispute the merits of the complaint's allegations, or to argue that plaintiff failed to comply with the specific pleadings requirements of Code of Civil Procedure section 1166. Id. at 391. For the purpose ...

Excerpt: ... Valley Resort, LLC moves for summary judgment, or in the alternative summary adjudication as to plaintiff Olja Mijic's causes of action for intentional interference with contractual relations and intentional interference with prospective economic relations. 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 mo...

Excerpt: ...equires the moving party to present new or different, facts, circumstances, or law that were unavailable at the time the order was made. (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212‐213.) This requires a showing that the moving party could not reasonably have discovered or produced the information at the time of the hearing. (Ibid; Garcia v. Hejmadi (1997) 58 Cal.app.4th 674, 690.) Ms. Casetta has made no such showing h...

Excerpt: ...the dispute between the parties. The document is extrinsic evidence submitted in an attempt to broaden review beyond the scope of the allegations within the complaint, which is improper. A court cannot convert a demurrer into an incomplete evidentiary hearing through the submission of extrinsic evidence under the guise of a judicial notice request. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114‐115.) Ruling on De...

Excerpt: ... here are at the heart of the dispute between the parties. The documents are extrinsic evidence submitted in an attempt to broaden review beyond the scope of the allegations within the complaint, which is improper. A court cannot convert a demurrer into an PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR SEPTEMBER 2, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTME...

Excerpt: ...6. 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. The court has not considered statements made in plaintiff's opposition, or in the declaration of plaintiff's counsel, which are not alleged in the first amended complaint, and for which no request for judicial notice has been made. The motion is denied. The first amended complain...

Excerpt: ...ce was proper. Dill v. Berquist Construction Co., Inc. (1994) 24 Cal.App.4th 1426, 1441‐1442. A proof of service filed May 26, 2021, states that defendant was served by personal service on May 17, 2021, at 5:05 p.m. Defendant generally denies that personal service was effectuated on that date, stating only that she found a copy of the summons and complaint on the ground in front of her garage on May 25, 2021. (Declaration of Linda Vaccarezza, �...

Excerpt: ...enied, as the motion was unopposed. Code Civ. Proc. § 2030.290(c). However, 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. Motion to Compel Responses to Interrogatories (Emma Ledesm...

Excerpt: ...s 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. Defendant's demurrer to the first cause of action for negligence is overruled. The court previously sustained defendant's demurrer to the claim of negligence alleged in the complaint, finding that as pleaded, the claim was subject to the doctrine of primary assumption of risk. In the sporting con...