Excerpt: ...n. (Code of Civil Procedure section 430.10(c).) Under a statutory plea of abatement the pendency of an earlier action arising from the same transaction and between the same parties is grounds for abatement of the second action. (People ex rel. v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 770.) Here, defendant has not made a sufficient showing in support of statutory abatement. A PAGA claim is brought by an employee who acts a proxy for t...

Excerpt: ...tration where there is a written contract involving interstate or foreign commerce or maritime transactions. (9 U.S.C. §§1, 2.) Where the FAA governs, conflicting state law is preempted under the Supremacy Clause. (AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333; 131 S.Ct. 1740, 1745‐1746.) Thus, the first step of the inquiry is to determine whether the subject arbitration provision is governed by the FAA. To reiterate, the FAA applies t...

Excerpt: ... sale of the subject property. Plaintiff's request is granted as to Exhibit 1. The remainder of plaintiff's request for judicial notice is denied. /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR AUGUST 26, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 12 Ruling on the Motion In the current r...

Excerpt: ...edure section 437c(c).) 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 Richfield Company (2001) 25 Cal.4th 826, 843.) In this instance, defendant has made a sufficient showing regarding the applicability of the Privette doctrine. There is a presumption that an independent contr...

Excerpt: ...nsuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through arms‐length bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court P...

Excerpt: ...he default entered against her on or about September 2, 2020. As a preliminary matter, the court notes that the motion was not timely served pursuant to Code of Civil Procedure section 1005. Nevertheless, as plaintiff has responded substantively and does not demonstrate any prejudice caused by the lack of sufficient notice, the court has considered the motion on its merits. The court finds that the motion has been timely made. Relief under Code o...

Excerpt: ...on of John Isaac Southerland are ruled on as follows: Objection Nos. 4, 6, 7, 8, 11, 12 and 13 are sustained. The remaining objections are overruled. The motion to strike the declaration in its entirety is denied. Ruling on Motion Plaintiff's motion to compel further responses to requests for production of documents, set one, is granted in part. The motion is granted as to Request No. 6 as defendant Ford Motor Company's response does not comply w...

Excerpt: ...in. Code Civ. Proc. § 430.10(e), (f). 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) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, but does not assume the truth of contentions, deductions, or conclusions of facts or law. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. Dwelle demurs to ...

Excerpt: ...nt should be stricken since cross‐complainant did not serve the pleading within 30 days of issuance of the summons. Such relief is not proper under the circumstances. A cross‐complaint is subject to discretionary dismissal when the cross‐defendant is not served within two years after the action is commenced. (Code of Civil Procedure sections 583.420(a), 583.110.) The cross‐complainant may avoid discretionary relief by making a showing of ...

Excerpt: ...nt of $1,000, under Code of Civil Procedure section 473(c)(1)(B). A party may seek leave from a default within a reasonable time, no later than six months after its entry, upon a showing of mistake, inadvertence, surprise, or excusable neglect. (Code of Civil Procedure section 473(b).) A court shall grant relief, when timely brought and presented in the proper format, where an attorney submits a sworn affidavit attesting to the attorney's mistake...

Excerpt: ...nctions should be awarded upon the failure of the responding party to timely respond. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 410‐411.) The court has carefully reviewed the declarations of counsel submitted in support of their respective positions. The circumstances surrounding the delay in responses may have initially been justifiable. However, the exceedingly lengthy period of time it...

Excerpt: ...athaway, James Middleton, Alliance United Insurance Company, and SelfServe Petroleum dba Gas & Shop. After issuance of the summons, but before PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR AUGUST 12, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 16 of 25 providing proof of service, plaintiff dismis...

Excerpt: ..., fourth, and sixth causes of action are brought against Strauch & Company, who was dismissed from the action on January 27, 2021. The court file does not reflect there have been any amendments to allege these three claims against the moving defendants. In light of the posture of the court file, the court declines to entertain the motion as to the third, fourth, and PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HON...

Excerpt: ...nt motion is a renewal motion pursuant to Code of Civil Procedure section 1008(b) lacks merit. Code of Civil Procedure section 1008(b) states: A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made b...

Excerpt: ... 19, 20, 21, 22, 23, and 24 are overruled. Ruling on Motion Defendant SGE moves to quash service for lack of jurisdiction. Defendant SGE opposes the court exercising jurisdiction over it in this California action involving injury to a California plaintiff who was injured in Utah. On the other hand, plaintiff asserts this court has specific jurisdiction over SGE. California courts may exercise jurisdiction on any basis so long as it is not inconsi...

Excerpt: ... described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations 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 demurrer keeping this in mind. In paragraph 20, plaintiffs allege “Corcoran acquired Oliver Luxury Real Estate in 2020, and that Corcoran lists Defendants Michael Oliv...

Excerpt: ...efendant is still required to PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JULY 29, 2021 AT 8:30 A.M. UNLESS OTHERWISE NOTED, ANY ORAL ARGUMENT REQUESTED WILL BE HEARD ON TUESDAY, AUGUST 3, 2021 AT 8:30 A.M. IN DEPARTMENT 42. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 9 of 20 comply with its discovery obligation...

Excerpt: ...ers 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).) A party to the action may also move for summary adjudication if the party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) In reviewing a motion for summary judgment or summary adjudication, the trial c...

Excerpt: ...ved by 12:00 p.m. on Thursday, August 5, 2021. Non‐Party Holly Piatyszek's Motion for Protective Order Preliminary Matters According to the notice of motion, the motion is directed at defendants Strauch & Company Inc. and Donnie Barksdale. Strauch & Company was dismissed PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JULY 29, 2021 AT 8:30 A.M. UNLESS OTHERWISE NOTE...

Excerpt: ... requested in plaintiff's request for judicial notice. The remainder of the request is denied. New evidence submitted with reply papers generally will not be considered where the opposing party has not had the ability to address the new evidence. (Alliant Ins. Services, Inc. v. Gaddy (2009) 159 Cal.App.4th 1292, 1307‐1308; Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8.) PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION D...

Excerpt: ...ot 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 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 complaint is reviewed keeping this in mind. A review of the complaint reveals significant pleading deficiencies, making it di...

Excerpt: ... accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations 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 demurrer keeping these principles in mind. /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB ...

Excerpt: ...rt. (Code of Civil Procedure section 436(a), (b).) The grounds for a motion to strike must appear on the face of the pleading or from judicially noticeable matters. (Code of Civil Procedure section 437(a).) The request is reviewed keeping this in mind. The motion is granted as to paragraphs 9, 10, 17, 19, 20, 21 and the prayer for punitive damages. The language in paragraphs 9, 10, 20, and 21 include PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL L...

Excerpt: ...f America (1983) 141 Cal.App.3d 55, 58; Generale Bank Nederland, N.V. v. Eyes of the Beholder Ltd. (1998) 61 Cal.App.4th 1384, 1399. On February 22, 2021, defendants were served with an informational Notice of COVID‐19 Tenant Relief Act Extension and New Rental Assistance Program which instructed defendants regarding the necessary steps to protect against an unlawful detainer action for failure to pay rent. On March 4, 2021, defendants were ser...

Excerpt: ...b), 1013, 12a and 12c. In addition, although a proof of service executed by Allen Shamsari under penalty of perjury states that the motion was served by mail on Tuesday, June 1, 2021, defendant rebuts the presumption of proper service by showing that the documents it received were postmarked on Saturday, June 5, less than 16 court days prior to the scheduled hearing date. Demurrer to Complaint Defendant's request for judicial notice is granted. D...