Excerpt: ...79 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.) In this instance, the factual allegations in the complaint are insufficient to plead defendant is a corporate entity with liability for the prior entity the Lincoln City Colts. “Successor liability issues are equitable issues to be exam...

Excerpt: ...no showing of prejudice to the opposing 4 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. Defendants fail to establish prejudice sufficient to deny plaintiff's motion. Given that it is plaintiff's burden to establish the elements of each of the alleged causes of action, including in some cases scienter and intent, the court is not persuaded that decedent Herbert Fei...

Excerpt: ...al notice of the legal effect of a document's language where that effect is clear. Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; see also McElroy v. Chase Manhattan Mortgage Corp. (2005) 134 Cal.App.4th 388, 394. With respect to Exhibit 4, the court takes judicial notice of the 2009 loan modification agreement, but not numerous related documents included within the exhibit which do not constitute the ...

Excerpt: ...hat Ryan's moving papers argue that the entire FAC should be dismissed. Ryan argues that the FAC fails to join an indispensable party to the action. A party is considered indispensable if: (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or imp...

Excerpt: ..., 374; StorMedia, Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9. The court may also take judicial notice of the legal effect of a document's language where that effect is clear. Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; see also McElroy v. Chase Manhattan Mortgage Corp. (2005) 134 Cal.App.4th 388, 394. Plaintiff's objections to evidence are ruled on as follows: Objection Nos. 1, 2, 3, 6...

Excerpt: ...E CHARLES D. WACHOB TENTATIVE RULINGS FOR JULY 15, 2021 AT 8:30 A.M. purportedly filed by defendant Aspen Earthworks. The court file reflects the subject objections were rejected by the clerk and not filed with the court. Since the objections were not properly filed with the court, Welsh Hagen's supplemental filings from July 12, 2021 will not be considered. Ruling on Objections Welsh Hagen's objections, filed on July 8, 2021, are sustained in th...

Excerpt: ...Executive Orders as does so. The request is denied as to Exhibit M. Plaintiffs' request for judicial notice is granted in its entirety. Ruling on Demurrer In the current request, defendants challenge all eleven causes of action alleged in the original complaint. They allege the complaint is deficient in several respects, focusing primarily on the assertion plaintiffs' action is moot. “California courts will decide only justiciable controversies...

Excerpt: ...ictorville (2013) 217 Cal.App.4th 218, 227.) Where a plaintiff brings a the motion, the plaintiff must establish the complaint states facts sufficient to constitute a cause of action and the answer does not state facts sufficient to constitute a defense to the complaint. (Code of Civil Procedure section 438(c)(1)(A).) A review of the complaint shows the single cause of action for breach of contract is sufficiently pleaded. A review of the answer ...

Excerpt: .... Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court reviews the crosscomplaint keeping these principles in mind. In this instance, cross‐defendants demur to the purported first cause of action in the cross‐complaint. The filing of the cross‐complaint was improper since cross‐complaints generally cannot be filed in unlawful detainer action. (Code of Civil Procedure section 1170; Knowles v. Robinson (1963) 60...

Excerpt: ...y judgment as to the claims alleged in plaintiff and cross‐defendant Van Jordan's (“plaintiff's”) complaint and defendants' second amended cross‐complaint. 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 or more elements of the causes...

Excerpt: ...ds should have been paid to them, instead of being interpled. 4 Pacific Loan Mgmt. Corp. v. Superior Court (1987) 196 Cal.App.3d 1485, 1489. Further, the order may not be made contingent upon plaintiff's compliance with alleged pending discovery obligations. Turning to the issue of plaintiff's requested fees and costs, the court may award plaintiff its reasonable attorneys' fees and costs incurred in this action pursuant to Code of Civil Procedur...

Excerpt: ... 30, 2020, by plaintiffs Jeannie Depalma (“Depalma”) and Patrick Shields, who allege that Depalma was injured when she slipped and fell on an unknown substance on the floor at defendant's premises. In its case management statement filed October 22, 2020, defendant acknowledged that Depalma “alleges that she slipped on water that had leaked from the ceiling HVAC system”. (Defendant's Case Management Statement filed October 22, 2020.) In th...

Excerpt: ...e 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 both claims keeping these principles in mind. In the fifth cause of action, plaintiffs allege a claim for breach of fiduciary duty against defendant Dennis Socolean. A caus...

Excerpt: ...App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court reviews the challenged causes of action keeping these principles in mind. The fifth cause of action asserts a claim for breach of fiduciary duty against National, alleging National was the insurance carrier for New Legend from 2018 through 2020. ...

Excerpt: ...f asserts in its moving papers that “FCA responded to the Requests in the same obstructionist, bad faith manner that it routinely uses against California consumers who file Lemon Law claims.” Defendants make their own accusations, including for example “Nevertheless, in what has become all too common in California lemon law litigation, Plaintiffs here demand class action‐type discovery, in some instances, in violation of third‐party pri...

Excerpt: ...terrupted because of “the State's unprecedented quarantine response to COVID 19 and that, as a result, the trial was paused for over two and half months.” They claim this delay “and the fear of COVID 19 destroyed the continuity of EMS's case.” EMS and Gerhardt claim that when the trial resumed, the defendants/crosscomplainants were able to complete their evidence without an interruption. They assert this unfairly prejudiced their right to...

Excerpt: ... triable issue of material fact and that the party is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. (Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468.) Once a plaintiff proves its prima facie case, the burden of proof shifts to t...

Excerpt: ... motion to strike under Code of Civil Procedure section 436 lies against a claim for punitive damages where the facts alleged do not rise to the level of malice, fraud or oppression required to support such an award. Turman v. Turning Point of Central Cal., Inc. (2010) 191 Cal.App.4th 53, 63. 5 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 defe...

Excerpt: ... THURSDAY, JUNE 24, 2021 AT 8:30 A.M. IN DEPARTMENT 42. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 5 Ruling on Motion The motion is granted. The trial court shall grant a motion for summary judgment if “all of 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 sectio...

Excerpt: ...under Code of Civil Procedure section 1008(b), which allows the moving party whose request was previously denied to renew the motion based upon “new or different facts, circumstances, or law”. Plaintiff has not made a sufficient showing to warrant renewed consideration of the prior motion. He does not present sufficient new or different facts, circumstances, or law that were not present or known to the parties at the time of the prior hearing...

Excerpt: ...uses of action subject to the current demurrer. A demurrer tests the legal sufficiency of the pleadings, 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 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 these...

Excerpt: ...Judicial Notice PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 4 of 7 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JUNE 10, 2021 AT 8:30 A.M. Defendants' request for judicial notice is denied. Ruling on Demurrer In the current request, the moving defendants challenge only the fourth cause of action for violations of...

Excerpt: ...d by the law firm Ogletree, Deakins, Nash, Smoak & Stewart, P.C. On October 27, 2020, counsel moved to be relieved as counsel. The motion to be relieved was granted on December 11, 2020, and was effective on December 15, 2020, leaving Sunfinity‐Solar‐CA, LLC without legal representation in this pending action. According to Sonji Winters, senior counsel and chief human resources officer for moving defendant, she took over responsibility for th...

Excerpt: ... enjoining defendants Chambers Landing Homeowners Association and Chambers Landing Recreation Association from allowing the Chambers Landing Bar & Grill to cook or grill hamburgers and other high lipid foods, and use their deep fryers, pending trial. 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...

Excerpt: ...isfactorily addressed by the parties in the first round of filings, and that it ordered a subsequent oneweek continuance of the hearing in order to complete review of the parties' substantial supplemental filings. Any implication that the hearing and motion have not proceeded as they otherwise should have or that the court has unreasonably delayed hearing the motion is not well taken. Plaintiffs Helio Fialho and Therese Fialho, as trustees of the...