Excerpt: ...e court exercises its discretion and considers the untimely opposition. The parties stipulated in writing for the sale of real property as part of a resolution of all claims with various terms. (Defendant's Exh. 1.) The settlement agreement provdes that tme is of the essence and contemplates a 60-day escrow period once the real property is appraised. (ld. 1, 4.) Defendants present evidence the real property was appraised pursuant to paragraph 1 o...

Excerpt: ...the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc., S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (f).) 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 th...

Excerpt: ..., however, the court takes judicial notice of the fact of filing of the documents, but not the truth of the information alleged therein. Plaintiff's objections to the request for judicial notice are overruled. Ruling on the Mohon A party may demur where the pleading does not state facts sufficient to constitute a cause of acton or where the pleading is uncertain. (Code Civ. Proc., S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is amb...

Excerpt: ...e pleading 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.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The demurrer is reviewed keeping this in mind. Second Cause of Ac...

Excerpt: ...ust be measurable by the contract or 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) 115 Cal.App.4th 537, 541.) "A claim has 'probable validity' where is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim." (Code Civ. Proc., S 481.190.) At a noticed hearing, the court shall issue a ...

Excerpt: ...the parties is required on January 2, 2024 at 8:30 a.m. in Department 42 for possible vacation of the January 8th trial date and selection of a firm trial date to take place no later than May 1, 2024 pursuant to Code of Civil Procedure secton 36(f). Motion for Leave to Augment Expert Witness Designation Plaintiff David A. Rodgers moves for an order granting leave to augment his expert witness designation to substitute Caroline Van Alst in place a...

Excerpt: ...to the court a motion or other document, they certify to the court (1) the document is not presented primarily for an improper purposes, (2) the contentons therein are warranted by existing law, (3) the factual contentions have or are likely to have evidentiary support, and (4) the denials of factual contentions are warranted on the evidence or reasonably based on a lack of information or belief. (Code Civ. Proc., S 128.7, subd. (b).) "If, after ...

Excerpt: ...ion based upon new or different facts, circumstances, or law. (Code Civ. Proc., S 1008, subd. (a).) The court may at any time reconsider its prior order if it determines there has been a change of awthat warrants reconsideration. (ld. subd. (c).) As plaintiff's motion is pursuant to Section 1008(c), defendant's contention that the motion is untimely lacks merit. Here, plaintiff contends there has been a change in the aw warranting reconsideration...

Excerpt: ... the Demurrer Defendants Austin Mallory ("Mallory") and County of Placer ("the County") demur to plaintiffs first and second causes of action alleged in the second amended complaint ("SAC"). A demurrer tests the legal sufficiency of the pleading, 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 pleading are deemed to be true no matter how...

Excerpt: ...s to exhibits A, 8, C, and E. Plaintiff moves for an order of general reference pursuant to the written agreement of the parties and Code of Civil Procedure section 638 et seq. Plaintiff further requests the court appoint a referee pursuant to Code of Civil Procedure section 640(b). The court may appoint a referee "upon the motion of a party to a written contract or lease that prov-des that any controversy arising therefrom shall be heard by a re...

Excerpt: ... be a motion for reconsideration of defendant's motion for new trial or motion to set aside void judgment. The party seeking reconsideration shall identify the "application that 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." (Code Civ. Proc., S 1008, subd. (a).) A motion for reconsideration requires a showing by affdavit of new or differe...

Excerpt: ...rous objections to the declaration of Jennifer G. Redmond and exhibits thereto. The objections do not satisfy the requirements of the California Rules of Court, as they identify the evidence but do not "[q]uote or set forth the objectionable statement or material." (Cal. Rules of Court, rule 3.1354(b)(3).) Additionally, many of the individually numbered objections include several objections. For example, objection number one objects to forty-eigh...

Excerpt: ...hey also assert their identities were actually known at the time the complaint was filed, which renders the complaint barred against them under the statute of limitations and the Privette doctrine. A motion to quash is the proper method for challenging a doe amendment and may be granted where a plaintiff knew the defendant's identity prior to filing the complaint. (McClatchy v. Coblentz, Patch, Duffy & Bass, LLP (2016) 247 Cal.App.4th 368, 374.) ...

Excerpt: ...very was not completed 11 earlier, whether a delay in trial or other prejudice would occur, and the length of time between a previous trial date and the instant date. (Code Civ. Proc., S 2024.050.) As to witness Kate Nuss, plaintiff presents evidence Nuss is a necessary witness as the parties' tax preparer when they owned a business together and that she will be unavailable to testify for the current trial dates. Further, plaintiff did not depose...

Excerpt: ...to any material fact and the moving party is entitled to a judgment as a matter of law." (Code Civ. Proc. S 437c, subd. (c).) Plaintiff, as the moving party, meets their burden if they prove each element of the cause of action. (ld. subd. (p)(l).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of material fact exists as to the cause of action. (Ibid.) In reviewing a motion for summary judg...

Excerpt: ...urt notes that Nextitle was granted leave to strike crossdefendants from the second cause of action for contribution. The order was entered on January 22, 2023. In light of this, the court will only address the motion as to the remaining causes of action for equitable indemnity; tort of another; and declaratory relief. Ruling on Objections Nextitle's objections are overruled in their entirety. Ruling on Request for Judicial Notice Cross-defendant...

Excerpt: ...ed. Ruling on the Motion The court may grant a preliminary injunction when it appears from the pleading that cross complainant is entitled to the demanded relief and plaintiff would suffer irreparable injury if the enjoined action were allowed to proceed. (Code Civ. Proc., S 526, subd. (a).) In making this determination, "the court must consider whether the party seeking the injunction is likely to prevail on the merits" and balances the relative...

Excerpt: ...therein. Defendants initially filed the instant motion acting in pro persona and requested relief pursuant to Code of Civil Procedure sections 473(b) and 473(d). However, such a motion under Section 473(b) is untimely as brought more than 180 days after entry of default; further, the motion provided no basis on which Section 473(d) relief could be granted. Defendants' statutory motion to set aside entry of default is denied. Defendants subsequent...

Excerpt: ...telligible. (ld. at subd. (f).) 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.) 3 However, the court does not assume the truth of contentions, d...

Excerpt: ... Civil Procedure section 515.010. (Code Civ. Proc., S 512.060, subd. (a).) "No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that the property is located there." (Code Civ. Proc., S 512.060, subd. Plaintiff provides declaratory evidence the tractors are likely to be in defendants' possession because defenda...

Excerpt: ...der a record be filed under seal upon express findings of fact that establish: (1) an overriding -nterest 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 less restrictive means to achieve the overriding interest. (C...

Excerpt: ...dant demurs to the en
Ÿrety of the complaint asser
Ÿng, among other things, that there is another ac
Ÿon pending between the par
Ÿes. (Code of Civil Procedure sec
Ÿon 430.10(c).) The moving party must show an absolute iden
Ÿty of par
Ÿes in both ac
Ÿons with the iden
Ÿcal cause of ac
Ÿon involved in both cases. (Plant Insula
Ÿon Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 788- 789; Bush v. Superior Court (Rains) (1992) 10 Cal.Ap...

Excerpt: ...Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774.) "On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs."(ld. at pp. 774—76.) When the reasonableness of particular ftems is challenged, conclusory allegations do not satisfy the objecting party's burden. (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266.) Deposition Costs Plaintiff contests depositi...

Excerpt: ...e section 2032.310 and to set an evidentiary hearing for a judicial determination of plaintiff Nan Shaw's legal capacity. 9 Preliminary Matters and Evidentiary Rulings The court accepts defendant Ryan Rivera's motion for joinder to FOAM's reply. Plaintiffs elected to file their untimely opposition to the instant motion in the same briefing as their reply to their motion for a protective order. This is improper and conflates the issues. Plaintiffs...

Excerpt: ... not respond. The court finds defendants sufficiently endeavored to meet and confer prior to the filing of the instant motion. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. A demurrer tests the legal sufficiency of the pleadings, not t...