Excerpt: ...tate facts showing a reasonable and good faith attempt at informal resolution of each issue presented in the motion.” [Emphasis added.] Code Civ. Proc. § 2016.040. The statute requires the parties to seriously engage in negotiations and informal resolution. Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438. According to the declaration filed in support of the motion, counsel first sought to meet and confer regarding the subject disco...

Excerpt: ...mation campaign…” only), 27, 30‐33, 43, 48, 50‐56, 57 (as to statement beginning “As part of its misinformation campaign…” only), 60, 62, 64, and 68‐71 are sustained. The remaining objections are overruled. Plaintiff's objections to evidence are ruled on as follows: Objection Nos. 4, 7, 11, 13, 14, 18, 19, 21, 22, 24, 25, 26, and 27 are sustained. The remaining objections are overruled. Ruling on Motion Plaintiff California State ...

Excerpt: ...SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 11 of 16 Ruling on Combined Motion In this combined motion, defendants seek three forms of relief. First, defendants seek to quash service of the summons based upon a lack of jurisdiction. Defendants, however, have made a general appearance through the filing of this motion. They have accepted the jurisdiction of this court over the case. Thusly, the request...

Excerpt: ...tion The motion is denied in its entirety. The trial court shall grant a motion for 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.” (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. (Co...

Excerpt: ...T 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 17, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 16 adjudication brought by defendant. Specifically, the current motion seeks to once again challenge plaintiff's causes of action for negligence and breach of the implied covenant. The court declines to consider summary adjudication of these two causes of ac...

Excerpt: ...tions may seem. (Del PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 17, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 13 of 16 E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court reviews the challenged claims keeping these principles in mind. Third Cause of ...

Excerpt: ...sed on the existence of evidence essential to oppose the motion that could not be timely presented, and moved for leave to file an amended complaint adding several claims against defendant. The court granted plaintiff's request to continue, and granted plaintiff's motion for leave to amend. Although it appears that plaintiff is no longer in custody, no first amended complaint has been filed, nor has plaintiff filed any further pleadings in opposi...

Excerpt: ... 391.7(c). Defendants Allmerica Financial Benefit Insurance (erroneously sued as The Hanover Insurance Group, The Hanover American Insurance, and Allmerica Financial Alliance Company), John Conner Roche, Gwen Jones, Arthur Anderson and Scot Erikson have filed a joinder to the motion. By order entered August 1, 2017, in Sacramento County Superior Court Case No. 34‐ 2017‐00211640, Hubbard v. Evett, plaintiff Donald Hubbard was deemed a vexatiou...

Excerpt: ...e settlement, the court is to give due regard to the parties' agreement, ensuring PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 10, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 6 that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement,...

Excerpt: ...SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 10, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 5 of 6 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 allega...

Excerpt: ...t 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 sustained as to plaintiff's first cause of action for premises liability – dangerous condition of public property. To allege a dangerous cond...

Excerpt: ...th 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 cross‐ complainants' first cause of action for breach of written contract. In an action based on written contract, cross‐complainants must either attach a copy of the contract, set out the alleged terms verbatim, or plead the legal ef...

Excerpt: ...titute 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. 8 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. This action was initiated by complaint fil...

Excerpt: ...g claims of partition and malicious prosecution against Kishiyama. Kishiyama filed a special motion to strike with respect to the malicious prosecution claim pursuant to Code of Civil Procedure section 425.16, and a demurrer as to the partition claim. The court granted the anti‐SLAPP motion and sustained the demurrer. Thereafter, the court granted Kishiyama's motion for attorneys' fees and awarded him $10,000 in fees. 4 On April 2, 2018, Rice f...

Excerpt: ...os and Lecona, LLC, Ramos & Lecona Ventures, LLC, Ramos & Nava Ventures, LLC, Ramos Holdings, LLC and M.K.&A., LLC move for summary adjudication of plaintiff Michelle Hill's first cause of action for declaratory relief, second cause of action for conversion of partnership property, third cause of 2 action for breach of partnership agreement, fourth cause of action for breach of fiduciary duty, fifth cause of action for breach of fiduciary duty, e...

Excerpt: ...nt. A motion to strike may be granted to strike irrelevant, false, or improper matters in a pleading or to strike a pleading not drawn in conformity with the law. (Code of Civil Procedure section 436(a), (b).) 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.) A review of the language in the FAC shows that the allegations remain insufficient to s...

Excerpt: ...) Ruling on Request for Judicial Notice CBN's request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The motion is denied. The power of the court to order the disqualification of counsel is statutory. “Every court shall have the power to do all of the following: [¶] … [¶] (5) [t]o control in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with a...

Excerpt: ...asserts the final extension of time granted to defendant to file a motion to compel was October 30, 2020. In fact, the motion and all of its supporting papers were filed on October 30, 2020. However, from plaintiff's perspective, the motion should be considered untimely because it was not served until several days later, on November 2, 2020. The motion was set for hearing on December 3, 2020, still affording plaintiff ample opportunity to file an...

Excerpt: ...court. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 3, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 13 Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Plaintiff's request for judicial notice is granted as to t...

Excerpt: ...he evidence was not presented at an earlier time. (Code of Civil Procedure section 1008; Shiffer v. CBS Corp. (2015) 240 Cal.App.4th 246, 255.) Defendant has failed to make such a showing. First, defendant has not made a sufficient showing of new or different facts, circumstances, or law as it pertains to his claims regarding lack of due process. There is no new or different evidence presented that could not have been presented at the time of the...

Excerpt: ...ials Co. (1981) 123 Cal.App.3d 593, 604.) In the current request, defendant Mary Garcia challenges the sufficiency of the allegations in all five causes of action. A review of the FAC supports her challenge. The first cause of action asserts a claim for breach of contract. The allegations, however, are inconsistent. Plaintiff alleges the parties entered into an oral contract while attaching an exhibit that purports to be written terms of the cont...

Excerpt: ... on August 19, 2020. In response to defendants' motion, plaintiff submits the declaration of process server Mark Rivera. Mr. Rivera details numerous attempts to effectuate personal service on defendants from August 4, 2020 to August 18, 2020. On August 5, 2020, Mr. Rivera observed Chen in his office and observed Chen's car in the office parking lot, but was informed by a different individual that Chen was not present. Mr. Rivera attempted service...

Excerpt: ...is 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‐leng...

Excerpt: ...reasonableness of the full amount of fees requested. The court continued the hearing to permit plaintiff the opportunity to provide additional information in support of the motion, including copies of billing statements with privileged information redacted, or a detailed summary of the number of hours expended by each attorney on each discrete task, and evidence in support of the request for costs. Despite the continuance based on insufficient in...

Excerpt: ...able 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).) 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 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE R...