Excerpt: ...ng 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.) However, "[ilf the allegations in the complaint conflict with the exhibits, we rely on and accept as true the contents of the exhibits." (SC Manufactured Homes, Inc. v. Liebert (2008) 162 Cal.App.4th 68, 83.) The court, however, does not accept the truth of contentions, deductions, or conclusi...

Excerpt: ...verriding interest will be prejudiced if the records are not sealed. The court further finds that the proposed sealing of information is narrowly tailored, and that no less restrictive means to achieve the identified overriding interest exists. (Cal. Rules of Court, rule 2.550(d).) The court orders sealed NCFMC's memorandum of points and authorities in support of demurrer to and motion to strike plaintiff's second amended complaint. Copies of thi...

Excerpt: ...on within the complaint were completely discharged in her Chapter 7 bankruptcy action. The trial court shall grant a motion for 7 summary judgment if "all 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." of Civil Procedure section 437c(c).) A party to the action may also move for summary adjudication that party contends there is no merit to one or ...

Excerpt: ...vowed interest in the disputed 2 funds. (Ibid.) The court intends to grant plaintiff's motion. However a continuance is necessary based on the request for fees. Plaintiff requests attorney's fees in the amount of $5,795 and costs in the amount of $1,529.10. The court notes several inconsistencies regarding statements of incurred attorneys' fees in the memorandum and supporting declaration. The memorandum states plaintiff has incurred 22.8 hours o...

Excerpt: ...ice of the information declared therein. Ruling on the Motion Respondent Seyed Mohammad Caranizadeh seeks attorneys' fees in the amount of $27,'W8.50. In this case, petitioner Ali Zamanimahforoujaki filed a request for civil harassment restraining order ("CHRO"). The court granted temporary orders pending a hearing. At the initial hearing on March 6, 2023, the court dissolved the temporary orders. Subsequently, petitioner filed a request for dism...

Excerpt: ...der v. Anderson (2CG) 179 Cal.App.4th 775, 787.) The allegations in the pleading 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, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2CG) 113 Cal.App.4th 597, 6...

Excerpt: ...ry Adjudication against plaintiff's third amended complaint; - Declaration of Michele R. Sullivan in support of defendant Michele R. Sullivan's motion for adjudication against plaintiff's third amended complaint (and what appears to be a duplicate); - Objection to plaintiff's evidence in reply to defendants John L. Sullivan and John L. Sullivan Investments, Inc. dba Roseville Toyota's Motion for Summary Adjudication against plaintiffs third amend...

Excerpt: ...nifer Saeger and Bardley Saeger's (collectively, "Saegers") separate statement of undisputed material facts is deficient because it is not formatted into two-columns nor separately identify each cause of action subject to the motion. (Cal. Rules of Court, rule 3.1350, subd. (db.) Ruling on Mohon as to Cause of Action in Complaint as a Plaintiff The Saegers motion for summary judgment, or in the alternative, for summary adjudication is denied in f...

Excerpt: ... sued defendant for breach of a contract which included a fee shifting provision: (FAC, Exh. A, 12.) Defendant is entitled to recover attorney's fees even though she is a non-signatory to the contract. (Civ. Code, S 1717; Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128—29 [Civil Code section 1717 must "be interpreted to further provide a reciprocal remedy for a nonsignatory defendant, sued on a contract as if he were a party to it, wh...

Excerpt: ...ed together as one, which is inappropriate. Further, the motion to strike fails to "quote in full the portions sought to be stricken." (Cal. Rules of Court, rule 3.1322(a).) Defendant is admonished to abide by the Rules of Court in the future. The court exercises its discretion to reach both motions on the merits. Defendant's request for judicial notice is granted as to the fact of the documents having been filed; however, the court does not take...

Excerpt: ...h the Government Claims Act, the causes of action are barred by their respective statutes of limitations, and Civil Code secton 47 provided for absolute immunity to any alleged false statements made to law enforcement. A demurrer tests the legal sufficiency of the pleading, 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 pleading are dee...

Excerpt: ... pleading does not state facts sufficient to constitute a cause of action. Civ. Proc., S 430.10, subd. 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 (2ff)9) 179 Cal.App.4th 775, 787.) he allegations in the pleadings 3 are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 59...

Excerpt: ...ly 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 Garc:ia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) Defendants' Motion to Compel Responses to Form Interrogatories and Sanctons The motion is granted. Plaintiff Roghie Fathi shall provide verified responses, without obj...

Excerpt: ... to file a second motion to seal, it must be filed and served by November 15, 2023. Any documents in opposition to the motion(s) to seal must be filed and served by November 16, 2023. Furthermore, on October 31, 2023, the court granted three defense motions to seal. It has come to the court's attention defendants lodged several unredacted documents that were not included in the motons to seal or in the court's October 31, 2023 order: Defendants J...

Excerpt: ...ntinuance of the instant motion to allow for further discovery pursuant to Code of Civil Procedure section 437c(h). Plaintiff's request to continue is denied. A party may request a continuance "at any time on or before the date the opposition response to the motion is due," which is fourteen days preceding the hearing. (Code Civ. Proc., S 437c(h), (b)(2).) Plaintiff's request to continue was untimely filed, providing only thirteen days' notice. F...

Excerpt: ...ies as required. The objection is overruled. Cross-complainant attached two exhibits to the opposition brief and refers to the exhibits throughout the memorandum of points and authorities. However, that an opposing party may have made admissions or allegations in another context does not resolve any deficiencies in cross-complainant's pleading. The exhibits are outside of the allegations in the cross-complaint and not subject to judicial notice a...

Excerpt: ...iency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (21%9) 179 Cal.App.4th 775, 787.) The allegations in the pleading 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.) Furthermore, "[t]he courts will not close their eyes to situations where a complaint contains allegations ...

Excerpt: ...r dismissal when "an application for relief is made no more than six months after entry of judgment ... and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Civ. Proc. S 473, subd. Further, the motion must include a copy of the answer or other proposed pleading to be filed. (Ibid.) If an applicant meets the requirements for the mandatory relief provision, the court must relieve...

Excerpt: ...d declaration containing facts sufficient to justify the sealing. (Cal. Rules of Court, rule 2.551, subd. (b)(l).) A review of the court file reveals no memorandum of points and authorities or declaration have been filed, although they are referenced in the notice of motion and the attached proof of service. The court continues the motion to seal to be heard November 28 at 8:30 a.m. in Department 42. NCFMC is directed to file and serve a notce of...

Excerpt: ...rbitration is denied. A threshold question for any motion to compel arbitration is whether an agreement to arbitrate exists between the parties. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) he moving party carries this initial burden by proving, by a of the evidence, the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) The opposing party may then produce evidence to cha...

Excerpt: ...y adjudication as to the third and fourth causes of action of plaintiff's second amended complaint. Evidentiary Rulings Defense counsel made no efforts to meet and confer as the Local Rules require for all motions on the Civil Law and Moton calendar. However, this is not a basis on which to rule on such a motion. Further, there is no statutory obligation to meet and confer for such a motion and the court observes a dispositive evidentiary motion ...

Excerpt: ...aintiff's allegations or accuracy of the described conduct. (Bader v. Anderson 179 Cal.App.4th 775, 787.) The allegations in the pleading 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, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Ai...

Excerpt: ...numbers 1 and 2 are sustained; the objections are otherwise overruled. Plaintiff's objections numbers 1 and 2 are sustained; the objections are otherwise overruled. Defendant's objections to plaintiff's reply filed October 31, 2023 are overruled in their entirety. Plaintiff submitted new evidence together with her reply brief. Defendant filed a suropposition. The court exercises its discretion and considers all briefing and supporting papers in t...

Excerpt: ... 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.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (20436) 38 Cal.4th 1, 6.) Th...

Excerpt: ...pecial motions to strike, three demurrers to the complaint, one moton to strike portions of the complaint, and plaintiffs' motion to remove the case to federal court. Defendants' request for judicial notice is granted. The moton is denied. A motion for reconsideration requires a showing by affidavit of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (...

Excerpt: ...8.10, subd. (a)(l).) This includes both personal jurisdiction and subject matter jurisdiction. (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1144.) A challenge to the court's jurisdiction based on the doctrine of tribal sovereign immunity may also be raised by a moton to quash. (See Self v. Cher-Ae Heights ndian Community of Trinidad Rancheria (2021) 60 Cal.App.5th 209, 215.) When determining whether 2 tribal sovereign immunity exists for a...

Excerpt: ...hat the overriding interest will be prejudiced if the records are not sealed. The court further finds that the sealing of information is narrowly tailored, and that no less restrictive means to achieve the identified overriding interest exists. (Cal. Rules of Court, rule 2.550(d).) The following documents are ordered sealed: 8 Copies of the above documents will be sealed and maintained in the court's electronic file and shall be available only to...

Excerpt: ... 752-753; Ruth v. Kizer (1992) 8 Cal.App.4th 380, 385.) Said another way, the court reconsiders the evidence presented and makes its own independent findings. (Ibid.) There is a strong presumption of correctness concerning the administrative findings and the party challenging the decision has the burden of showing the findings are contrary to the weight of the evidence. (Norasingh, supra.) Moreover, an agency's interpretation of its regulations a...

Excerpt: ...roup v. Drexler (2CM) 22 Cal.4th 1084, 1095; Serrano v. Priest (Serrano Ill) (1977) 20 Cal.3d 25, 48-49.) "The reasonable hourly rate is that prevailing in the community for similar work." (P LCM Group v. Drexler (201%) 22 Cal .4th 1084, 1095 The court has carefully reviewed the billing statements, taking into consideration the hourly rates for comparable work conducted during the same period of time for other similar cases within Placer County, ...

Excerpt: ...3, subdivision (b). (Code Civ. Proc. § 473, subd. (b).) The default entered against cross-defendant Lube Buster, Inc. on June 27, 2023, as to cross- complainant Adel Abdo's cross-complaint is set aside. The default entered against cross-defendant Lube Buster, Inc. on June 28, 2023, as to cross-complainant Mahmoud Nassif 's cross-complaint is set aside. The court declines to consider the request to set aside default judgment as no default judgmen...

Excerpt: ...hen "an application for relief is made no more than six months after entry of judgment ... and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Civ. Proc. S 473, subd. (b).) Further, the motion must include a copy of the answer or other proposed pleading to be filed. (Ibid.) If an applicant meets the requirements for the mandatory relief provision, the court must relieve the ap...

Excerpt: ...ice is granted pursuant to Evidence Code section 452(d) to the extent the dtNuments presented are filed documents in the court's file. The court dæs not accept as true the allegations contained within several of those court filings. Plaintiff's request to present oral testimony pursuant to California Rules of Court rule 3.1306 is denied as the request is not supported by good cause. 7 Defendant's opposition was untimely filed without explanation...

Excerpt: ...The court now considers consolidation of the consolidated unlawful detainer matter, SCV-[n50143, with the breach of contract case, In the breach of contract case, plaintiff's complaint alleges (1) breach of lease, (2) and (3) breach of guaranty, and (4) foreclosure of deed of trust. Plaintiff subsequently dismissed the fourth cause of action. Defendant filed a cross-complaint alleging (1) declaratory relief, (2) injunctive relief, (3) breach of c...

Excerpt: ...e of action. (Code Civ. Proc. S 430.10, subd. (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, 504.) However, the court does not assume the truth...

Excerpt: .... at subd. (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations orthe accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The 16 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.) However, the court does not assume the truth of contentions, deductions, or c...

Excerpt: ...amount is fixed or readily ascertainable not less than $500. (Code Civ. Proc., S 483.010, subd. (a).) Ascertainable damages must be measurable by the contract or by reference to the contract itself and the basis for computing damages must be reasonable and certain. (CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541.) "A claim has 'probable validity' where it is more 15 likely than not that the plaintiff will o...

Excerpt: ...the related unlawful detainer action. Actions involving common questions of law or fact pending in the same court may be consolidated into a single case. (Code of Civil Procedure section 1048(a).) However, unlawful detainer actions are summary proceedings with expedited timelines. (Martin-Bragg v. Moore (2013) 219 Cal.App.4th 357, 385.) The issues raised in such actons are generally limited in scope to possession of the property. (Ibid.) Plaintif...

Excerpt: ...ng (1) breach of contract, (2) fraud, (3) cancellation of instrument, (4) partition, and (5) intentional interference with contract. Young's request for judicial notice is granted. The court may order consolidation of actions involving a common question of law or fact. Civ. Proc., S 1048, subd. (a).) "[T]itle issues generally cannot be raised in unlawful detainer actions. [Citation.)" (Struiksma v. Ocwen Loan Servicing, LLC (2021) 66 Cal.App.5th ...

Excerpt: ...mmary adjudication is reviewed under well established principles. A party to the action may move for summary adjudication that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) A plaintiff seeking summary adjudication bears the initial burden of establishing each element of the cause of action of acton. (ld. at 437c(p)(1).) Only when this initial burden is met does the burden sh...

Excerpt: ...re 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 cross-complaint is reviewed keeping this in mind. Initially, cross- complainant concedes the fourth and fifth causes of action are deficiently pleaded. The court sustains the demurrer as to these claims. Looking at the first, second, and third causes of action, all three are sufficiently plead...

Excerpt: ... Process re Dr. Bergeson $0,395.00 Item 14— Electronic Filing/service Fees Incurred After July 30, 2021 $0,101.03 TOTAL $3,068.97 Plaintiff's memorandum of costs, filed on August 10, 2023, is taxed by $3,068.97. Plaintiff is awarded $14,092.59. Plaintiff Lachlynn Lusk's Motion to Tax Costs The motion is granted in part. The current request involves a challenge to the recovery of costs after the tender of a viable Code of Civil Procedure section...

Excerpt: ...e secton 452. Plaintiff's request for judicial notice is granted overthe objection of defendant. Ruling on Objections Defendant's objections are overruled in their entirety. Ruling on Motion In the current request, defendant seeks either entry of summary judgment against the entirety of the complaint or summary adjudication as to each of the seven causes of action alleged in the complaint. A motion for summary judgment may be granted if "all the ...

Excerpt: ...party seller, but not defendant manufacturer. The warranty book is not signed by any party. On June 28, 2022, the court granted defendant's motion and compelled the matter to arbitration. In so ruling, the court found defendant was a thirdparty beneficiary of the RISC and defendant could therefore enforce the arbitration provision therein. Similarly, as to the warranty book, the court found plaintiff's claims against defendant relate directly to ...

Excerpt: ...f will prevail in the litigation. (Code Civ. Proc. S 391.1(a).) "Security" means an undertaking to assure payment to the party for whose benefit the undertaking is required to be furnished or the party's reasonable expenses including attorneys' fees. (Code Civ. Proc. S 391(c).) Plaintiff has been declared a vexatious litigant. (Declaration of Rachel D. Hamilton, 92, Exh. A.) Plaintiff was declared a vexatious litigant on April 26, 2021, based on ...

Excerpt: ...is on which to rule on such a motion. Judgment creditor's request for judicial notce is granted. The unopposed motion is granted. (Code Civ. Proc., SS 708.020, 2030.290.) Judgment debtor is ordered to provide responses, without objections, to judgment creditor's interrogatories set one within 21 days of service of notice of this order. Judgment creditor's request for sanctions is denied as the motion was unopposed and judgment creditor failed to ...

Excerpt: ...aintiffs' objection number 3 to portions of the declaration of Bryan Kreft is sustained. Plaintiffs' objections are otherwise overruled. Plaintiffs' motion for trial preference is granted. The court finds plaintiff Nan Shaw is over 70 years of age, has a substantial interest in the action as a whole, and her health is such that preference is necessary to prevent prejudicing her interest in the litigation. (Code Civ. Proc., S 36, subd. (a).) While...

Excerpt: ...ot state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (f).) 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 tru...

Excerpt: ...onsidered the information therein. A party may demur where the court has no jurisdiction of the subject of the cause of 11 action alleged in the pleading. (Code Civ. Proc. S 430.10, subd. (a).) 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 improbab...

Excerpt: ...ority to amend a judgment to include additional non-party judgment debtors under an alter ego theory. (Curci Investment, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 222.) This is true even where the judgment is based upon a summary judgment motion. (see Down Jones Co., Inc. v. Avenel (1984) 151 Cal.App.3d 144, 148-149.) Nonetheless, the judgment creditor must make a show-ng, by a preponderance of the evidence, that the nonparty alter ego entity con...

Excerpt: ...swer on September 2, 2022. The court requests County of Placer Office of Education to provide an endorsed filed copy of their answer to the court by p.m. on October 3, 2023. The court apologizes for the inconvenience and thanks the County of Placer Office of Education for its cooperation. Ruling on Motion Plaintiff's unopposed motion to seal is granted. Court records are presumed to be open to the public unless confidentiality is required by law....