Excerpt: ... the motion to coordinate the two cases pursuant to Code of Civil Procedure section 403 is denied. Code of Civil Procedure section 403 states in part: A judge may, on motion, transfer an action or actions from another court to that judge's court for coordination with an action involving a common question of fact or law within the meaning of Section 404. The motion shall be supported by a declaration stating facts showing that the actions meet the...

Excerpt: ...ode of Civil Procedure section 403 is denied. Code of Civil Procedure section 403 states in part: A judge may, on motion, transfer an action or actions from another court to that judge's court for coordination with an action involving a common question of fact or law within the meaning of Section 404. The motion shall be supported by a declaration stating facts showing that the actions meet the standards specified in Section 404.1, are not comple...

Excerpt: ...�48, and 51‐ 53, are sustained. The remaining objections are overruled. Defendant's objections to the declaration of Brian Kelley are ruled on as follows: Objection Nos. 1, 3‐5, 7‐13, 16, 19, 22, 24‐25, 27‐28, 30‐40, 42‐43, 45‐47, and 49, are sustained. The remaining objections are overruled. Ruling on Motion Capital One, N.A., (“Capital One”) moves for summary judgment with respect to plaintiff's claims of negligence and viol...

Excerpt: ...d 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 not assume the truth of contentions, deductions, or conclusions of facts or law. Id. The demurrer is su...

Excerpt: ...he 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. As a preliminary matter, the court previously ruled that the allegations of the first amended complaint did not establish that plaintiff's claims were barred the doctrine of unclean hands, and the court sees no...

Excerpt: ... 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 not assume the truth of contentions, deductions, or conclusions of facts or law. Id. As a preliminary matter, Firegang ...

Excerpt: ...ction of documents. Mr. Huckabee was ordered to provide these responses by September 30, 2020 but failed to provide the written discovery to plaintiff. Plaintiff now returns to the court to enforce the prior court order along with seeking monetary sanctions. Alternatively, plaintiff seeks terminating sanctions. The court, at this time, does not find terminating sanctions to be warranted. Such sanctions are a method of last resort when all other o...

Excerpt: ...NORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JANUARY 28, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 8 of 11 accuracy of the described conduct. (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Gomes v. Countrywi...

Excerpt: ...urt, Rule 3.1306(c); Lammers v. Superior Court (2000) 83 Cal.App.4th 1309, 1327, fn. 12.) Ruling on Demurrer The demurrer is sustained with leave to amend. 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 no matter how improbable the allegations may s...

Excerpt: ...ruth 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 first cause of action for breach of oral contract. As to TRC Trading and TRC Finance, plaintiff alleges no facts establish...

Excerpt: .... 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 not assume the truth of contentions, deductions, or conclusions of facts or law. Id. The demurrer is sustained a...

Excerpt: ...l (1996) 50 Cal.App.4th 726, 733.) All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) The court reviews the demurrer keeping these principles in mind. First Cause of Action – Wrongful Foreclosure The first cause of action alleges a claim for wrongful foreclosure. A borrower may ass...

Excerpt: ...e current version of Section 2025.310 has broadened the usage of remote appearances in light of the current pandemic. However, Section 2025.310(d) still requires depositions to meet other statutory requirements, which include “provisions regarding the time, place, or manner in which a deposition shall be conducted.” This is where the interpretation of the parties diverge. Defendant asserts that the identification of the deposition as “remot...

Excerpt: ...ants in this action. SVSH and Alterra were served with the summons and complaint on or about February 19, 2019. Plaintiff filed a first amended complaint on June 3, 2019, and a second amended 4 complaint on August 22, 2019, neither of which have been served on SVSH or Alterra. Neither KSL nor JMA have been served with the summons or any iteration of the complaint. Moving defendants request dismissal pursuant to Code of Civil Procedure sections 58...

Excerpt: ...both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence of a valid arbitration agreement. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972. “‘[A] party cannot be required to...

Excerpt: ...rmination establishes an initial presumption of fairness…” In re General Motors Corp. (3d Cir. 1995) 55 F.3d 768, 784. “[I]f the proposed settlement appears to be the product of serious, informed, non‐collusive negotiations, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the class, and falls within the range of possible approval, then the court should direct that the n...

Excerpt: ...e regard to the parties' agreement, ensuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the 3 settlement, as a whole, is fair, reasonable, and adequate. (7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through arms‐length bargaining; (2) the investigation and discovery were sufficient...

Excerpt: ...s to give due regard to the parties' agreement, ensuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801; 7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145. A presumption of fairness exists where: (1) the settlement was reached through arms‐lengt...

Excerpt: ...accepted by defendant pursuant to Code of Civil Procedure section 998, defendant agreed to repurchase plaintiffs' vehicle, provide full restitution, and to pay attorneys' fees and costs to be determined by the court. Civil Code section 1794(d) authorizes the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determined by the court to have been reasonably incurred by the buyer in connection with the commenceme...

Excerpt: ...able amount not less than $500, that is unsecured or secured by personal property, and arising against a defendant who is a natural person for claims arising out of conduct by the defendant of a trade, business or profession. Code Civ. Proc. § 483.010(c). Damages must be measurable 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)...

Excerpt: ...es. (Complaint, Exh. A, p. 16, Article 41.) JMK sought money damages in the total amount of approximately $142,000. Following a court trial in this action, judgment was entered in favor of plaintiff and against defendant Betsey Alessi (“Alessi”), awarding JMK damages of $80,440, plus prejudgment interest in the amount of $4896. Where neither party achieves a complete victory on all contract claims, it is within the court's discretion to deter...

Excerpt: ...ract, for a fixed or readily 9 ascertainable amount not less than $500, that is unsecured or secured by personal property, and arising against a defendant who is a natural person for claims arising out of conduct by the defendant of a trade, business or profession. Code Civ. Proc. § 483.010(c). Damages must be measurable by reference to the contract itself, and the basis for computing damages must be reasonable and certain. CIT Group/Equipment F...

Excerpt: ...onal infliction of emotional distress and fourth cause of action for defamation. In order to claim punitive damages, a plaintiff must allege facts that a defendant is guilty of oppression, fraud, or malice. (Civil Code section 3294.) The two claims do not allege fraudulent conduct on the part of defendant Cindy Giove. Thus, fraud is not a basis for punitive damages here. This leaves oppression or malice as a basis for punitive damages. Malice req...

Excerpt: ... Ms. Wenz's declaration that states, “after it was unable to independently determine or locate an active hazard insurance policy.” The remainder of the objection is overruled, which includes overruling the objection to Exhibit 4. Plaintiff's remaining objections are overruled. Ruling on Motion In the current request, defendant Shellpoint seeks either summary judgment or summary adjudication as to the first cause of action for negligence and t...

Excerpt: ...ling on Demurrer Defendant County of Placer (County) demurs to the Second Amended Complaint (SAC) filed by plaintiffs (collectively “TSI”). The SAC requests a refund of the Revenue and Taxation Code section 531.4 interest which was collected by the County. (SAC ¶ 32.) County contends the cause of action seeking recovery of interest is barred by the statute of limitations. TSI argues its claim for interest under section 531.4 is subsumed with...