Excerpt: ...76, 885. In making this determination the court considers the extent the defendants' Fifth Amendment rights are implicated; the interests of the plaintiff in proceeding expeditiously and the potential prejudice of a delay; the burden the proceedings may impose on the defendants; the convenience of the court to manage cases and efficient use of judicial resources; the interests of others not involved in the civil litigation; and the interests of t...

Excerpt: ...e arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2010) 189 Cal.App.4th 1399, 1405. “A strong public policy favors the arbitration of disputes, and doubts should be resolved in favor of deferring to arbitration proceedings.” Rowe v. Exline (2007) 153 Cal.App.4th 12...

Excerpt: ...ather, defendant appeared at trial and signed a stipulation for entry of judgment. Defendant seeks to have the stipulated judgment set aside on grounds of mistake. Code Civ. Proc. § 473(b). Specifically, defendant asserts that she was mistaken in believing a statement by plaintiff's counsel that a continuance of the trial date “was not going to happen.” Defendant further claims that she was in a weakened frame of mind because she had been ho...

Excerpt: ...her takes judicial notice of the fact that the motion was granted on June 14, 2019. Defendant Wells Fargo Bank (“Wells”) moves for judgment on the pleadings as to the first cause of action for violation of Civil Code section 2923.5, second cause of action for violation of Civil Code section 2923.7, seventh cause of action for violation of Civil Code section 2924.12, and ninth cause of action for unfair business practices, alleged in plaintiff...

Excerpt: ...e Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of 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....

Excerpt: ...as been described as follows: “ ‘Sometimes, the exchange reveals that one party plans to call experts on subjects the opposing party assumed would not require expert testimony. In such cases, the opposing party has the right to supplement its expert witness exchange by adding experts to cover subjects on which the other party indicates it plans to offer expert testimony, and on which the opposing party has not previously retained an expert to...

Excerpt: ...s, set one, are deemed admitted as to defendant Michele Laudon. Sanctions in the amount of $60.00 are imposed on defendant Michele Laudon pursuant to Code of Civil Procedure section 2033.280(c). /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR AUGUST 29, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Pa...

Excerpt: ...es of discovery misuses that are so pervasive a less drastic sanction will not sufficiently address the discovery derelictions. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐797.) In light of the extreme effect of terminating sanctions, courts do not impose such a sanction lightly. The totality of the circumstances surrounding the discovery violations are considered when ordering terminating sanctions: (1) whether the party's conduct was wil...

Excerpt: ...aswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. Under 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 ...

Excerpt: ...ghth and ninth causes of action alleged by plaintiff Albert Ristau, as successor trustee of the Wright 1990 Trust, on the grounds that the Wright 1990 Trust cannot assert elder abuse pursuant to Welfare and Institutions Code section 15610.30. A party may demur to a complaint where the pleading does 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...

Excerpt: ... 995, 999. Defendants contend that the applicable statute of limitations bars plaintiff's action. Plaintiff's claims in this action are governed by the limitations period set forth in Government Code section 945.6(a), which states: Except as provided in Sections 946.4 and 946.6 and subject to subdivision (b), any suit brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (c...

Excerpt: ... for damages or issue of duty. Code Civ. Proc. § 437c(f)(1). The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries this burden, the burden shifts to opposing party to show the 5 existence of a triable issue of material fact. Id. The trial court views the supporting evidence, ...

Excerpt: ...overruled. Ruling on Motion Respondent County of Placer moves for summary judgment with respect to the claims set forth in petitioner's verified petition for alternative and peremptory writ of mandate and complaint for declaratory and injunctive relief. Alternatively, respondent requests summary adjudication. 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 matt...

Excerpt: ...Net Proceeds Remaining from the Partition Sale The court determines the net proceeds remaining after the sale of the Granite Bay property is $161,536.56, which includes an unendorsed check for $6.30. The parties are instructed to both endorse this check within five days of service of the signed order after hearing. /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR A...

Excerpt: ... 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 §437c(c).) The trial court engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope of the motion by looking to the operative pleading. The pleadings serve as the “outer measure of materiality” for...

Excerpt: ... Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's 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 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 assumes the truth of all facts prop...

Excerpt: ...ils to establish that the Release is not reasonably subject to dispute, and/or is capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. Further, it is unclear, for the purposes of the demurrer, that the Release must apply to plaintiff's claims, which are based on defendant's alleged actions in barring plaintiff from the subject premises, setting forth ambiguous conditions regarding plaintiff's u...

Excerpt: ...ollows: 1. Enjoining defendants from using any recipe obtained from plaintiffs that looks like plaintiffs' menu offerings of an Asian vegan nature, and specifically the items photographed and attached to plaintiffs' second amended complaint; 10 2. Enjoining defendants from offering for sale the menu items photographed and attached to plaintiffs' second amended complaint anywhere in Placer County; 3. Enjoining defendants from advertising for sale ...

Excerpt: ...established principles. A defendant may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) The demurrer functions as a test regarding the legal sufficiency of the pleading; it does not address the truth of the allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) For the purposes of a demurrer, the al...

Excerpt: ...tion 452.) Ruling on Motion PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR AUGUST 8, 2019 AT 8:30 A.M. NOTICE TO ALL PARTIES WHO REQUEST ORAL ARGUMENT: ORAL ARGUMENT WILL BE HEARD ON THURSDAY, AUGUST 15, 2019 AT 8:30 A.M. IN DEPARTMENT 42. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 15 of 23 In the current request,...

Excerpt: ...ure §437c(c).) The trial court engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope of the motion by looking to the operative pleading. The pleadings serve as the “outer measure of materiality” for a motion for summary judgment in addition to determining the scope of the motion. (Government Employees Ins. Co. v. Superior Court (2000) 79 Cal.App.4th 95, 98; Laabs v. City of Victorville (...

Excerpt: ...limited to extreme cases of discovery misuses that are so pervasive a less drastic sanction will not sufficiently address the discovery derelictions. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐797.) In light of the extreme effect of terminating sanctions, courts do not impose such a sanction lightly. The totality of the circumstances surrounding the discovery violations are considered when ordering terminating sanctions: (1) whether the p...

Excerpt: ...th the current action. The motion is made pursuant to Code of Civil Procedure section 403, which states: 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...

Excerpt: ...s for issuance of an assignment order, an order for examination of a third party, and to strike various motions to tax filed by judgment debtor Gilman. Corporation's motions are GRANTED IN PART and DENIED IN PART. Preliminarily, it appears Gilman's oppositions were untimely. However, the Court perceives no preojudice to the opposing party in considering the late‐filed papers, and has done so. The parties are reminded, however, to comply with al...

Excerpt: ...against the HOA in plaintiffs' first amended complaint. A motion for judgment on the pleadings has the same function as a general demurrer, but is made after the time for demurrer has expired. Code Civ. Proc. § 438. 7 The same rules governing demurrers apply. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999. The HOA contends that exculpatory provisions within the CC&Rs bar plaintiffs' claims against it. Specifically, Section 5.18 o...