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: ...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...

Excerpt: ... the court's June 14, 2018 ruling. The issuance of these writs against the defendants was improper. The June 14, 2018 ruling awarded plaintiffs $13,745 in attorney's fees and $474.37 in costs related to a motion to set aside defaults entered against defendants. The basis for the set aside was attorney fault under Code of Civil Procedure section 473(b) and the court's ruling clearly identifies attorney fault as the sole basis for setting aside the...

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: ... assertions to the contrary. Plaintiff shall serve verified further responses to special interrogatory Nos. 4, 44, 48, 84, 86, 88 and 89, without objections, on or before March 5, 2021. Defendant is awarded sanctions from plaintiff and his counsel, jointly and severally, in the amount of $547.50. Motion to Compel Deposition Defendant's motion to compel deposition is granted. Code of Civil Procedure section 2025.310(b) states: Subject to Section 2...

Excerpt: ...n September 2, 2020. 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). A plaintiff moving for summary judgment bears the burden of persuasion that there is no defense to the action. Code Civ. Proc. § 437c(a)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden ...

Excerpt: ...h 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 the third cause of action for negligence. Government tort liability depends on the existence of an authorizing statute or enactment. Sear...

Excerpt: ...oes 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 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 de...

Excerpt: ...nderson (2009) 179 Cal.App.4th 775, 787. 8 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 parties are advised that 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 is overruled with respect to the first cause of action for breach of ...

Excerpt: ...iciency 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 overruled as to plaintiff's first cause of action for negligence. With respect to this cause of action, plaintiff a...

Excerpt: ...d appears on the face of the complaint or from matters of which the court may or must take judicial notice.” (Aaronoff v. Martinez‐Seftner (2006) 136 Cal.App.4th 910, 918.) Here, defendants challenge all five causes of action asserting each is barred by the applicable statute of limitations. However, the allegations within the complaint do not bear this out. Plaintiff alleges defendants acknowledged, promised to pay, and made payments on the ...

Excerpt: ...based upon the “self‐critical analysis privilege.” Defendant submits the court has inherent power to recognize the privilege, even though case law and the Evidence Code do not recognize the privilege. The court declines to recognize the claimed privilege. “The Evidence Code recognizes 13 privileges, each in a separate article. (Evid.Code, §§ 930–1063.) The self‐critical analysis privilege is not among them.” (Cloud v. Superior Cou...

Excerpt: ...09) 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.) In the current challenge, cross‐defendants contend the FACC is a sham pleading. Under the sham pleading doctrine, a pleader is precluded from amending complaints to omit harmful allegations, without explanation, to avoid a demurrer...

Excerpt: ...fact plaintiff is not proceeding with the unlawful detainer based upon a nonpayment of rent. Plaintiff makes it clear that the action is based upon the failure to perform covenants other than the failure to pay rent. (Complaint ¶9.a(5).) Plaintiff maintaining the option to proceed with nonpayment of rent in her 3‐day notice does not require plaintiff to comply with Section 1179.03 when plaintiff chooses to proceed by the other performance cove...

Excerpt: ...e Civ. Proc. § 2024.050(a). Relevant factors that may be considered by the court in ruling on the motion include: (1) the necessity and the reasons for the discovery; (2) the diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) the likelihood that permitting the discovery or hearing the d...

Excerpt: ...437c(f)(1). 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. If the 3 moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the exist...

Excerpt: ...legations 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. As a preliminary matter, defendants have not complied with Code of Civil Procedure section 430.41(a)(3) by filing the required meet and confer declaration. However, based upon its review of the parties' filings in this action, the court concludes that requiring the parties to meet and con...

Excerpt: ...ns 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 the second cause of action for promissory estoppel. For the purpose of this cause of action, the complaint incorporates the allegations of plaintiff's firs...

Excerpt: ... D. WACHOB TENTATIVE RULINGS FOR FEBRUARY 4, 2021 AT 8:30 A.M. PLEASE NOTE THAT ORAL ARGUMENT WILL BE HEARD ON TUESDAY, FEBRUARY 9, 2021 AT 8:30 A.M. IN DEPARTMENT 42. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 6 of 11 records requested in RPDs nos. 39 and 40. The motion cannot be granted as currently presented to the court. First, the motion does not include a separate statement as required u...

Excerpt: ... under the settlement agreement expressly applies only to FCM Capital Partners, Inc. and Chris Miller. The motion is denied as to defendants Chris Weber and Robert Keil. The settlement agreement entered into by all parties provides that plaintiff would enter dismissals, with prejudice, as to Mr. Weber and Mr. Keil within two business days of deposit of the settlement funds. (Vasquez declaration, Exhibit A – Settlement Agreement, ¶II.1(g).) Mr....

Excerpt: ...viving siblings of decedent Suzette Lowe who died as a result of an automobile collision caused by defendant's maintenance of a dangerous condition of its property. 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 for purposes of demurrer. (Del E. Web...

Excerpt: ...t of this, the court will not consider the demurrer as to these two causes of action. Ruling on Request for Judicial Notice Cross‐complainants' request for judicial notice is granted under Evidence Code section 452. Ruling on Demurrer Cross‐defendant All‐Pro demurs to the first, third, eighth, tenth, eleventh, twelfth, thirteenth and fourteenth causes of action of the cross‐complaint of James S. Caramaza, James A. Caramazza, Jaclyn Carama...

Excerpt: ...r 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, defendant challenges the sufficiency of the pleadings in plaintiff's single cause of action for gross negligence. A theory of gross negligence requires a plaintiff to allege facts showing either a want of even scant care or an extreme departure from the ordinary standard of conduct. (Anderson v. Fitne...