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: ...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...

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: ...als Co. (1981) 123 Cal.App.3d 593, 604.) In the current request, defendant Mary Garcia challenges the sufficiency of the allegations in all five causes of action while defendant James Taylor challenges the allegation in the only claim brought against him found in the fifth cause of action. A review of the SAC shows each cause of action is still deficiently pleaded. The first cause of action asserts a claim for breach of contract. The allegations ...

Excerpt: ... 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. The first cause of action alleges defendant violated the Truth in Lending Act (TILA) when it failed to provide plaintiff w...

Excerpt: ...ment Center's (“HCC's”) cross‐complaint. A party may demur to a complaint 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 plaintiff's 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 to be true no mat...

Excerpt: ...ION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MAY 27, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 8 Ruling on Objections Defendant's objections nos. 1, 2, and 3 are sustained. Ruling on Motion 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 th...

Excerpt: ...rts have broad discretion in granting leave to amend a pleading and such discretion is usually exercised liberally to permit amendment to the pleading. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Defendants concede in their opposition that the proposed amendments “simply reinforce that the claim is duplicative of the professional negligence claim. The allegations all relate to the diagnosis, care and treatment of the pati...

Excerpt: ... AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 7 of 8 on the loans exceeds the fair market value of the excavator and track loader. (Code of Civil Procedure section 515.010(b).) A writ of execution shall issue for the (1) 2018 Doosan DX140LCR‐5 Excavator, serial number DHKCEBBSKH0001897, and (2) 2018 Bobcat T595 Compact Track Loader, serial number B3NK30368, both located at 530 6th...

Excerpt: ...business records from Ethan Conrad Properties, Inc., a corporation, involving Sam Lilly and an entity called “Burn It”. The subject lease agreement, however, was executed by individual Ethan Conrad and corporation Functional Sport Solutions, LLC, with Samuel Lilly and Charro Lilly as guarantors. Plaintiff has not made a sufficient showing that these business records reflect the agreement subject to this litigation. The court declines to grant...

Excerpt: ...he accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are 10 deemed true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The demurrer is sustained with respect to plaintiff's third cause of action for violation of the Ralph Civil Rights Act. Civil Code section 51.7(b) states: All persons within the jurisdiction...

Excerpt: ...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. Plaintiff's first amended complaint describes two promises made by Valliere. First, Valliere promised that if plaintiff gave her funds to construct improvements on her property, ...

Excerpt: ...ode 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. The demurrer is sustained as to plaintiff's second cause of action for ...

Excerpt: ...ction with discussions regarding a deposition of defendants' person most qualified, counsel for the parties discussed a continuance of the trial date and the hearing on the summary judgment motion. Defense counsel notified plaintiff's counsel that he was in agreement to continue the trial date approximately two months, and to continue the hearing on the summary judgment motion four weeks. Plaintiff's counsel responded, “[t]hat works for me.” ...

Excerpt: ...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. The demurrer is overruled with respect to plaintiff's first cause of action for breach of contract. Plaintiff alleges various terms of a combined verbal and written agreement with defendant Jay Kapila (“Kapila”), including a promise that he would be employed at a base salary of $200...

Excerpt: ...0(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. Bader 13 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. The demurrer is sustained as to plaintiff's third cause of action for fraudulent inducement...

Excerpt: ...) and Bank of Stockton (“the Bank”) pursuant to Code of Civil Procedure sections 1281.97 and 1281.99. Code of Civil Procedure section 1281.97(a) states: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration administrator, the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an arbit...

Excerpt: ...n for new trial may not be used to challenge a pre‐trial motion which does not result in a judgment. In re Marriage of Veilock (1978) 81 Cal.App.3d 713, 719. Accordingly, the motion must be denied as it pertains to entry of default judgment against Zenaida Graves and denial of defendant's motion for sanctions. With respect to the court's ruling on plaintiff's motion for summary judgment, defendant argues that the court erred by not granting def...

Excerpt: ...expert witness as a result of mistake, inadvertence, surprise, or excusable neglect. (Code of Civil Procedure section 2034.620.) In this instance, the need to augment the disclosure is based upon plaintiff's purported mistake when he removed Dr. Luna from his expert witness disclosure designation. The motion is not supported by a declaration from the attorney who “de‐designated” Dr. Luna, along with several other experts, on May 5, 2021. Wi...

Excerpt: ... amend. A motion for judgment on the pleadings has the same function as a demurrer but is brought where the time for a demurrer has expired. (Code of Civil Procedure section 438(g); Southern California Edison Co. v. City of Victorville (2013) 217 Cal.App.4th 218, 227.) A respondent challenging a pleading must show the pleading fails to state sufficient facts to constitute a cause of action. (Code of Civil Procedure section 438(c)(1)(A).) “[J]ud...

Excerpt: ...Alliant Ins. Services, Inc. v. Gaddy (2009) 159 Cal.App.4th 1292, 1307‐1308.) Additionally, Request Nos. 2 and 3 contain materials not properly subject to judicial notice for purposes of demurrer or which are irrelevant for this purpose. Plaintiff's request for judicial notice, filed April 23, 2021, is granted except as to Requests Nos. 1, 2 and 5, which contain materials not properly subject to judicial notice for purposes of demurrer or which...

Excerpt: ...ngs Page 11 of 13 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MAY 20, 2021 AT 8:30 A.M. 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 FAC pleads sufficient factual allegations to support each of the causes of action. To plead ...

Excerpt: ...a party or counsel, or both “to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause 4 unnecessary delay.” Code Civ. Proc. § 128.5(a). The imposed sanction may also “consist of, or include, directives of a nonmonetary nature.” Code Civ. Proc. § 128.5(f)(2). The basis of the motion, as set forth in the notice ...

Excerpt: ...st notice. (Cal. Judges Benchbook Civ. Proc. Before Trial, Section PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MAY 13, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 4 of 6 14.179.) Courts may regard such a request analogous to a motion for reconsideration and consider the factors set forth in Cod...

Excerpt: ...ot to Consent to a Court Commissioner as Temporary Judge, filed May 12, 2021,) is untimely since previous law and motion matters in this case have been heard by a commissioner. (Placer Court Local Rule 20.2; Walker v. San Francisco Housing Authority (2002) 100 Cal.App.4th 685, 691‐ 693 [the failure of a party to timely object to a commissioner hearing a matter is deemed a stipulation by the party to the commissioner hearing the matter.].) Furth...