Excerpt: ...l Materials Co. (1981) 123 Cal.App.3d 593, 604.) In the current request, defendant challenges the sufficiency of the allegations within the second and third causes of action. Plaintiff alleges a fraud claim in the second cause of action. A fraud claim requires the plaintiff to plead a misrepresentation; knowledge of it falsity; intent to induce reliance; justifiable reliance; and damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) Here...

Excerpt: ...r how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) A review of the third cause of action shows allegations are conclusory statements that fail to allege sufficient factual allegations to support an intentional tort claim. For these reasons, the demurrer is sustained as to the third cause of action. Plaintiff is not afforded leave to amend the intentional torts claim as she fa...

Excerpt: ...generally exercised liberally so long as there is no showing of prejudice to the opposing 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. 4 Defendants assert that they will be prejudiced as the proposed amendments add additional causes of action for breach of contract and related claims, just weeks before the trial date. Plaintiff argues that no new causes of action...

Excerpt: .... 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. 10 Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. No extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. Plaintiff's first cause of action for fraud and deceit fails to state a valid claim. The elements ...

Excerpt: ...ts 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 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. No extrinsic evidence m...

Excerpt: ...2 of 24 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MARCH 11, 2021 AT 8:30 A.M. Defendants' objections to the Kirnon declaration are sustained in their entirety. Defendants' objections to the Patrick declaration are sustained in their entirety. Defendants' objections nos. to the Pruett declaration are sustained in their entirety. Ruling on Motion The application f...

Excerpt: ... judgment debtor Kevan Gilman's (“Gilman's”) motion to tax judgment creditors' October 9, 2009 cost memorandum, the court rules as follows: Gilman's motion to tax judgment creditors' October 9, 2009 cost memorandum is denied as Gilman failed to effect service pursuant to the terms of Code of Civil Procedure section 685.070(c). The court notes that although Gilman filed PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – ...

Excerpt: ...r the motion should be denied on the grounds of untimeliness, the court has taken into account the lengthy procedural history in this matter, including numerous discovery motions, and the circumstances under which the motion was set for hearing in the first place. This motion was set on shortened notice by the ex parte application of plaintiff. Plaintiff claimed in the ex parte application that the discovery needed was critically important. The e...

Excerpt: ... that arbitration should be ordered based upon the existence of an arbitration agreement between plaintiff Dycus HVAC and defendant JBS Ventures, reiterating they are not signatories to the 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.) The moving party carries this initial burden of proving, by a preponderance of the e...

Excerpt: ...ously sought leave to add a claim for negligent misrepresentation that was denied on October 27, 2015 and the ruling unchallenged by plaintiff. He has not made a sufficient showing that would support a reversal of the prior denial to add this claim to his operative pleading. The same is true for the breach of contract claim. Defendant Wells Fargo successfully challenged plaintiff's breach of contract claim with a demurrer. The court issued a ruli...

Excerpt: ...aith Settlement The unopposed motion is granted. Based on the standards set forth in Tech‐Bilt v. Woodward Clyde & Associates (1985) 38 Cal.3d 488, the settlement at issue is within the reasonable range of the settling cross‐defendant's proportionate shares of liability for plaintiffs' injuries and therefore is in good faith within the meaning of Code of Civil Procedure section 877.6. /// PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil...

Excerpt: ...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. No extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. The demurrer ...

Excerpt: ...nformation to permit the court to assess whether the number of hours worked on each task was reasonable. In this case, the billing records submitted by counsel are redacted to the point that only the most general description is provided, such as “review”, “preparation”, “attend”, “research”, etc., with no further information regarding what was being reviewed, prepared, attended or researched. The court is unable to assess the reas...

Excerpt: ...sed 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 before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this 6 subdivision, any order made on ...

Excerpt: ...al of the sixth cause of action, the only cause of action where defendant is named individually, was dismissed on September 9, 2020. The dismissal was filed prior to plaintiff's opposition and well before the hearing on the motion. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 1 of 10 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATI...

Excerpt: ...t pursuant to Code of Civil Procedure section 473(b). Defendant claims that she was never served with documents in this lawsuit and was unaware that she had been sued, or that a judgment could be or had been entered against her in this action. Her statements are belied by several judicially noticeable facts. On June 26, 2019, an acknowledgement of receipt of the summons, complaint, civil case cover sheet and case management conference notice was ...

Excerpt: ...le 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 of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its ini...

Excerpt: ...s a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff alleges a single cause of action for medical negligence against defendants. The essence of such a claim is violation of the pre...

Excerpt: ...question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. 9 Plaintiffs seek damages arising from an alleged slip and fall which occurred at defendan...

Excerpt: ...g on February 5, 2021. The motion was filed and served with sufficient notice pursuant to Code of Civil Procedure section 437c(a)(2). However, the scheduled hearing date violated Code of Civil Procedure section 437c(a)(3), as it was set less than 30 days before the scheduled trial date. The notice of motion expressly acknowledged the violation of Section 437c(a)(3), and notified plaintiff that defendant intended to apply for an order advancing th...

Excerpt: ... 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. No extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. Plaintiff alleges that defendant entered into a two‐year t...

Excerpt: ... no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) A plaintiff seeking summary judgment must establish each element of the cause of action to meet its initial burden. (Code of Civil Procedure section 437c(p)(1).) Once a plaintiff proves its prima facie case, the burden of proof shifts to the defendant to prove material facts. (Code of Civil Procedure section 437c(p)(1).) In reviewing a motion for summa...

Excerpt: ...tice of motion here only seeks summary judgment without specifically requesting summary adjudication. The failure to seek summary adjudication is also reflected in defendants' separate statement. A party seeking summary adjudication must identify each of the specific causes of action challenged in the separate statement. (California Rules of Court, Rule 3.1350(b), (d), (h).) Defendants failed to do this in their separate statement. The deficienci...

Excerpt: ...re 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 that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) The moving party bears the initial burden of establishing that one or elements of a cause of action ca...

Excerpt: ...by that firm in this action until July 30, 2020 when he PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 10 of 13 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR FEBRUARY 25, 2021 AT 8:30 A.M. became self‐represented. A sampling of only some of the many disparaging, accusatory and alarming comments made by respondent S...