Excerpt: ...l.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.) In the current demurrer, defendants only challenge the sufficiency of the allegations within the fourth cause of action. A review of this claim reveals the allegations remain conclusory in nature, failing to allege sufficient facts against the ...

Excerpt: ...2d 274, 278. In this case, defendant establishes an intentional relinquishment of the tax return privilege by plaintiffs. First, plaintiffs affirmatively stated in verified discovery responses that they intended to produce their W2s and 1099s for the period 2003‐2019, and that information sought by defendant in discovery could be obtained from such documents. Second, plaintiffs did in fact produce partial tax returns, before then claiming the p...

Excerpt: ...s, LLC, on behalf of Air Methods Corporation. The present motion was filed concurrently with a petition to approve minor's compromise for plaintiff. Pursuant to Probate Code section 3601, in making an order approving a minor's compromise, the court is bestowed with broad power to authorize payment from the settlement. The statute empowers the court to determine reasonable expenses to be paid to doctors or other providers who are not parties to th...

Excerpt: ...contents of other documents. The objections to the Declaration of David Price are otherwise overruled. Defendant Jennifer Wilson's objections to the Declaration of Ryan Meyer are ruled on as follows: Objection Nos. 13‐16 are sustained on the grounds that the statements lack foundation, constitute inadmissible hearsay, and/or constitute improper expert opinion. Defendant Jennifer Wilson's objections to the Declaration of William J. Fimple are ru...

Excerpt: ...plication or stipulation of the parties. The case has also involved a significant amount of law and motion practice, including 11 separate discovery motions. Code of Civil Procedure section 438(e) states that “[n]o motion may be made pursuant to this section if a pretrial conference order has been entered pursuant to Section 575, or within 30 days of the date the action is initially set for trial, whichever is later, unless the court otherwise ...

Excerpt: ...”), which Smith has been obligated to pay based on an indemnity provision in the agreement between Smith and ATC. First, as to the indemnity judgment against Smith, Smith fails to establish that he is contractually entitled to recover that amount from plaintiff Anna Murphy (“Murphy”). Attorneys' fees are sought pursuant to a provision in the Contract for Deed between Smith and Murphy, which states: Attorney Fees. Mediation first, then if li...

Excerpt: ...ecords Act (PRA). Pursuant to Government Code section 6259(d), “[t]he court shall award court costs and reasonable attorney's fees to the requester should the requester prevail in litigation filed pursuant to this section.” An award of fees and costs pursuant to this provision is mandatory if the plaintiff prevails. Belth v. Garamendi (1991) 232 Cal.App.3d 896, 899‐900. In PRA litigation, a losing plaintiff who does not achieve a favorable ...

Excerpt: ... produce documents requested in their deposition subpoena. The court will address each request separately. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 5 of 12 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MAY 6, 2021 AT 8:30 A.M. A party may seek to compel compliance to inspection demands where the responding part...

Excerpt: ...cedure section 437c(c).) The moving party bears the initial burden of establishing that one or elements of a cause of action cannot be established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting eviden...

Excerpt: ...de & Associates (1985) 38 Cal.3d 488.) In making this determination, the court considers various factors, including whether the settlement amount is proportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be and the settlor's financial condition and PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 12 PLACER COUNTY SUPERIOR COURT THURSDAY, CI...

Excerpt: ...e 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.) Plaintiff alleges that he was severely injured while participating in the “Southwest Summer Trip”, a “summer education program” spon...

Excerpt: ...INGS FOR APRIL 29, 2021 AT 8:30 A.M. PLEASE NOTE THAT ANY ORAL ARGUMENT REQUESTED WILL BE HEARD ON TUESDAY, MAY 4, 2021 AT 8:30 A.M. IN DEPARTMENT 42. Ruling on Motion The motion is granted in part. Evidence sanctions may be imposed where a party misuses the discovery process by failing to obey a discovery order. (Code of Civil Procedure section 2023.020(c); Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1544‐1545.) Here, plaintiff Andrew Dry...

Excerpt: ...tiff's objections to the supplemental declaration of Nancy Sanchez are denied in their entirety. Ruling on Motion The motion is granted. In the current request, the defendant seeks to compel arbitration between the parties based upon an arbitration agreement. A threshold question for any motion to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) PLACER SUPERIOR COURT –...

Excerpt: ...l withdrawal on March 16, 2020, less than two months before the then current trial date. Plaintiff represented herself until March 17, 2021 when current counsel substituted in as attorney of record. Plaintiff now seeks leave to file a second amended complaint. “ ‘Generally, “the trial court has wide discretion in determining whether to allow the amendment, but the appropriate exercise of that discretion requires the trial court to consider ...

Excerpt: ...ge a lis pendens on the grounds that the complaint does not contain a real property claim, or on the grounds that claimant has not established by a preponderance of the evidence the probable validity of any real property claim. Code Civ. Proc. §§ 405.31, 405.32. A real property claim means “a cause of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of ...

Excerpt: ...February 2, 2021. On plaintiff's claim for conversion, the court awarded damages in the amount of $11,780.39, plus interest at the rate of ten (10) percent per annum from July 26, 2019, to the date of entry of judgment. Plaintiff requests that the award of prejudgment interest be fixed in the total amount of $1,797.72. Pursuant to Civil Code section 3287(a): A person who is entitled to recover damages certain, or capable of being made certain by ...

Excerpt: ...adings, 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 the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Plaintiff's first cause of action alleges violation of civil rights under 42 U.S.C. section 1983. Plaintiff alleges that on September 22, ...

Excerpt: ...ficiency 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, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. The court does ...

Excerpt: ...elihood that permitting the reopening of discovery would interfere with the currently set trial date; and (4) the length of time that has elapsed between the prior trial date and the currently set trial date. Plaintiffs have not made a sufficient showing to support such a blanket request. Initially, there is no legal authority to support such an open ended request to keep discovery open. While it is true that the court has in many cases granted r...

Excerpt: ...ed investigator. The video surveillance is protected from discovery as qualified attorney work product. (Code of Civil Procedure sections 2018.020, 2018.030; Rodriquez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 647‐648, (disapproved on other grounds in Coito v. Superior Court (State of CA) (2012) 54 Cal.4th 480, 499; Suezaki v. Superior Court (1962) 58 Cal.2d 166, 177‐178.) “Photos or films reflecting counsel's strategies and tact...

Excerpt: ...uest for summary adjudication of the separate causes of action. Where a party seeks summary adjudication as alternative relief in a motion for summary judgment, the moving party must specifically state this in the notice of motion by identifying each separate cause of action. (California Rules of Court, Rule 3.1350(b).) The notice of motion does not expressly identify each of the causes of action subject to summary adjudication. The failure to se...

Excerpt: ... order to show as to whether defendant should not be enjoined from construction, modification and/or installation on plaintiffs' property, including construction, modification and/or 8 installation on the steel retaining wall system and revetment wall, that would compromise the structural integrity of any structures on the property, including but not limited to the single family home and the steel wall system, until further order of the court. Th...

Excerpt: ...rneys' fees and costs to the extent they were reasonable and necessary costs of enforcing the judgment. In assessing the reasonableness of judgment creditor's request, the court has reviewed the papers filed in support of and in opposition to the motion, as well as the entire file in this action, and draws upon its experience in assessing fee requests for cases of this type. Judgment creditor requests fees totaling $15,128.50, and costs totaling ...

Excerpt: ...ation of the private attorney general doctrine, which allows for the recovery of attorneys' fees where an action enforces an important public policy. (Maria P. v. Riles (1987) 43 Cal.3d 1281, 1288‐1289.) An award of attorneys' fees under Section 1021.5 requires the moving party to show the action resulted in the enforcement of an important right affecting the public interest. (Vasquez v. State of California (2008) 45 Cal.4th 243, 250‐251.) In...

Excerpt: ...is directed to issue a writ of possession for the Property. The court finds that defendant currently has no interest in the Property, and therefore waives plaintiff's undertaking requirement. Code Civ. Proc. § 515.010(b). In 5 order to prevent plaintiff from taking possession of the Property, defendant will be required to post an undertaking in the amount of $141,800. Code Civ. Proc. §§ 515.010(b), 515.020. Defendant is directed to transfer po...