Excerpt: ...alifornia Rules of Court, Rule 2.550(c).) The court may order a record be filed under seal upon express findings of fact that establish: (1) an overriding interest that overcomes the public's right to access, (2) an overriding interest supporting sealing the record, (3) a substantial probability that the overriding interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no les...

Excerpt: ...tiff takes the position that counsel was placed “at an obvious disadvantage that would raise reasonable suspicion in any case”. (Declaration of Maria L. Weitz, ¶ 6, emph. in orig.) Plaintiff's counsel also notes background noise during the deposition, hesitation with respect to certain answers, and one instance of the deponent reviewing a document that he expressly requested from defense counsel. Plaintiff moves to compel the deposition of d...

Excerpt: ... a class action settlement, the court is to give due regard to the parties' agreement, ensuring the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. In re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389; 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....

Excerpt: ... County Superior Court Case No. SCV42872, Sheena George vs. Meritage Homes of California, Inc., et al (“the George action”), and (3) Placer County Superior Court Case No. SCV‐43149, W1 Holdings, et al vs. Deutsche Bank AG, et al (“the W1 action”), for all purposes including trial. The motion is denied. A complete consolidation may be ordered where the parties are identical and the causes of action could have been joined. Hamilton v. Asb...

Excerpt: ...s denied. Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The motion is denied without prejudice. In the current request, defendants seek to have plaintiff declared a vexatious litigant under Code of Civil Procedure section 391(b)(2) and (3). These subsections allow for a vexatious litigant determination where the person, acting in pro per, repeatedly attem...

Excerpt: ...itute 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. Plaintiff alleges that he was severely injure...

Excerpt: ... 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 sustained. Plaintiffs allege two causes of action under Civil Code section 2923.6(d) and (e). The statute states in relevant part: (d) If th...

Excerpt: ...the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of 3 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. ...

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. The demurrer is sustained as to the first cause of action for professional negligence alleged by plaintiff Linda Clayton (“Clayton”). Plaintiffs fail to allege facts which support the c...

Excerpt: ...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 breach of implied warranty, and second cause of action for breach of express warranty. Based on a review of the complaint as a whole, plaintiff adequately alleges these claims. Contrary to the argument of defendant, plaintiff is not required to plead the te...

Excerpt: ...d fifth causes of action in the petition for negligence, intentional misrepresentation, and conversion. A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or 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, ...

Excerpt: ...of defendant's Compendium of Evidence filed April 13, 2020. The remaining objections are overruled. Defendant's objections to evidence are ruled on as follows: Objection Nos. 1, 3‐14, 21‐ 23, 25, 30 and 35 are sustained. The remaining objections are overruled. Ruling on Motion Defendant Todd Jarvis moves for summary judgment, or alternatively summary adjudication, as to claims alleged in plaintiff Robin Calder's complaint. Summary judgment ma...

Excerpt: ... this was one day after defendant's opposition was filed, giving defendant no opportunity to respond. The failure to include a separate statement constitutes sufficient grounds to deny the motion. In addition, plaintiff does not make a sufficient showing that he informally attempted to resolve this matter with defendant. Code Civ. Proc. §§ 2030.300(b)(1), 2016.040. “A meet and confer declaration in support of a motion shall state facts showin...

Excerpt: ... of the Elections Code which are clearly inapplicable to the relief they apparently seek. It appears to the court that what petitioners are really seeking is for the court to grant them additional time to gather sufficient valid signatures to place a recall of four directors of the Foresthill Public Utility District on the November 2020 ballot and, in the process, ignore multiple provisions of the statutory elections scheme. As discussed below, t...

Excerpt: ... of 11 Ruling on Demurrer The demurrer is sustained with leave to amend. In the current request, defendants demur to the second, third, fourth, fifth, and sixth causes of action. 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 improbabl...

Excerpt: ...forward on an earlier date due to a heavy trial calendar after October 21. (Declaration of Mary Talmanoff, Exh. I.) The parties did not resolve the issue at that time, and no further discussions were held until December 4, 2019. On that date, following inquiry by plaintiff's counsel, defense counsel conditionally offered February 3, 2020, but noted that she needed to clear the date with her client, and would follow up. (Id., Exh. J.) It does not ...

Excerpt: ...cluding objections to exhibits, are overruled. Defendant's objections to the declaration of Daniel McLain are ruled on as follows: Objection Nos. 2‐5 and Objection to Exhibits No. 2 are sustained. The remaining objections are overruled. Defendant's objections to the declaration of Sue Thompson are ruled on as follows: Objection Nos. 1‐2 and 6‐7 are sustained. The remaining objections are overruled. Defendant's objections to the declaration ...

Excerpt: ...s to give due regard to the parties' 2 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‐len...

Excerpt: ...n (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 worked as a food server at Fat's Asian Bistro in Roseville for approximately one year before he was constructively discharged in October 2019. (Complaint, ¶10.) A few months prior to being suspended, plaintiff's manager S...

Excerpt: ...but must also include a copy of the papers upon which the notice is based. (Code of Civil Procedure section 1010; see Weinstein v. Blumberg (2018) 25 Cal.App.5th 316.) Plaintiff's notice of motion, filed on July 15, 2020, provides notice that the motion is based upon a memorandum, separate statement, and supporting declaration. However, these documents were not filed or served until a month after the original notice of motion was filed. Plaintiff...

Excerpt: ...employment when the physical altercation between Mr. Benton and plaintiff took place. The trial court shall grant a motion for summary PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR SEPTEMBER 3, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 7 of 12 judgment if “all the papers submitted show that t...

Excerpt: ... Class certification may be ordered where the moving party demonstrates the existence of an ascertainable and sufficiently numerous class; a well‐defined community of interest; and a substantial benefit from certification rendering a class action superior to other alternatives. (Code of Civil Procedure section 382; Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1021.) After carefully reviewing the second amended complaint an...

Excerpt: ...y 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 seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Huckabee alleges claims for PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HO...

Excerpt: ...erruled. Plaintiff's objections to the declaration of Jordan Meeks are ruled on as follows: Objection No. 2 is sustained. The remaining objections are overruled. Ruling on Motion Defendant La Familia Ramirez, Inc. dba Café Delicias moves for summary judgment as to plaintiff's negligence/premises liability claim arising from a slip‐and‐fall accident at defendant's restaurant. The court shall grant a motion for summary judgment if “all the p...

Excerpt: ... of the State of California. The court recognizes and respects the importance of zealous advocacy, while realizing that there is an important, albeit hazy, line between effective advocacy and improper behavior. California case law authority, the Business and Professions Code, and State Bar Guidelines of Civility and Professionalism all forbid attorneys from discourteous conduct or other affronts upon the dignity of the court. Vigorous advocacy do...