Excerpt: ...are overruled. Ruling on Motion Campus Oaks Apartments 1, LLC (“COA”), Scott Canel (“Canel”) and the Scott I. Canel 2011 Family Trust (“Canel Trust”) move for summary adjudication as to the first, fourth and sixth causes of action alleged by defendant and crosscomplainant BBC Roseville Oaks, LLC (“BBC”) in its cross‐complaint. A defendant may move for summary adjudication if it contends that there is no merit to one or more caus...

Excerpt: ...42 Thursday Civil Law and Motion – Tentative Rulings Page 10 of 19 noneconomic damages for physical pain. The jury awarded plaintiff Eva Vesely $4,668.08 for economic damages for her past medical expenses; $1,375 for past noneconomic loss for physical pain; and $0 for future noneconomic damages for physical pain. Plaintiffs contend a new trial should be granted because (1) the damages awarded are inadequate; and (2) because the verdict is again...

Excerpt: ...on should not have been submitted for public filing. The minor has no primary role in this litigation; the circumstances of any alleged abuse of the minor are tangential, at best, to this action. The public has limited, if any, interest in or need for knowledge of these tangential issues involving the minor child. Whereas, there is an overriding interest to protect the health and well‐being of this child from any harassment, embarrassment, psyc...

Excerpt: ...583.310 based on the failure to bring the action to trial or otherwise seek judgment within five years of commencement. Defendant and cross‐complainant Centex Homes, and dismissed intervenor Lexington Insurance Company filed responses to the OSC, which the court has considered. Code of Civil Procedure section 583.310 provides, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” The ...

Excerpt: ...f action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal 5 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 ...

Excerpt: ...olicy in favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 8 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 1276, 1282; Laswell v. AG Seal Beach, LLC, supra,...

Excerpt: ...of showing there is no triable issue of material fact, and that the party is entitled to judgment as a matter of law. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiffs' complaint in this action alleged five causes of action: (1) violatio...

Excerpt: ...e 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. 6 Based upon review of the plaintiff's application, the court finds pursuant to Code of Civil Procedure section 483.010 that plaintiff has established the probable validity of the claim upon which the attachment is based, and that attachment is not sought for an improper purpose. Plaintiff is grante...

Excerpt: ...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.) It is worth noting defendants failed to sufficiently challenge each cause of action within the FAC, limiting its moving papers to only the second and third causes of action. The attempt to include the first cause of ac...

Excerpt: ... 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. Based upon the court's review of the plaintiff's application, and the declarations submitted in support of the application, the court finds pursuant to Code of Civil Procedure section 483.010 that plaintiff has established the probable validity of the claim upon which the attachment is based, and...

Excerpt: ... 3.350(a)(1)(A). The notice does not contain the captions of all cases sought to be consolidated. Cal. R. Ct., rule 3.350(a)(1)(B). The notice was not filed in each case sought to be consolidated. Cal. R. Ct., rule 3.350(a)(1)(C). The motion does not include a proof of service. Cal R. Ct., rule 3.350(a)(2)(C). Counsel for defendant U.S. Bank National Association (“U.S. Bank”) states that their office was never served with the motion. It appea...

Excerpt: ...ained. Ruling on Motion Defendant Sunworks, Inc. moves for summary judgment and/or summary adjudication as to the first amended complaint filed by plaintiff Douglass Stiegmann. 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 matter of law. Code Civ. Proc. § 437c(c). The party seeking summary judgment bears the burden of showing there is no triable issue of mat...

Excerpt: ...ct of terminating sanctions, courts do not impose such a sanction lightly. Upon careful review of the moving papers and the court file, the court determines that terminating sanctions are appropriate in this instance. Defendant served plaintiff Kuldip Bains with discovery requests, including interrogatories and requests for production. Plaintiff failed to serve any responses. Defendant moved to compel responses which motion was unopposed and gran...

Excerpt: ...rther, it is noted plaintiff filed a notice of intent to appear at oral argument on July 9, 2019. This is an improper method to request oral argument. Plaintiff is referred to Placer Court Local Rule 20.2.3 for more information regarding the proper method to request oral argument in civil law and motion PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JULY 11, 2019 AT ...

Excerpt: ...ing, at a minimum, of a notice of hearing on any motion; the motion itself; and a memorandum in support of the motion. (California Rules of Court, Rule 3.1112(a).) The court file and defendants' proof of service show defendants failed to file and serve a notice of motion and a memorandum in support of this request. The failure to include these documents is fatal. Defendant has not been afforded proper notice of the motion and the court is unable ...

Excerpt: ... memorandum in support of the motion. (California Rules of Court, Rule 3.1112.) The current motion included only the notice, omitting the essential motion and memorandum from the supporting filings. The notice provides the court with insufficient information to substantively review plaintiff's request. Thus, the motion is incomplete and denied. To the extent the motion seeks relief under Code of Civil Procedure section 663, not only did plaintiff...

Excerpt: ...iff's complaint joins several separate causes of action, including both local and transitory claims, the transitory action controls as to venue. Central Bank v. Superior Court (1973) 30 Cal.App.3d 913, 917‐ 918. Transitory actions are subject to the general rule of venue that the action be tried in the county of defendant's residence. Under Code of Civil Procedure section 395(a), “[e]xcept as otherwise provided by law and subject to the power...

Excerpt: ...iff's complaint joins several separate causes of action, including both local and transitory claims, the transitory action controls as to venue. Central Bank v. Superior Court (1973) 30 Cal.App.3d 913, 917‐ 918. Transitory actions are subject to the general rule of venue that the action be tried in the county of defendant's residence. Under Code of Civil Procedure section 395(a), “[e]xcept as otherwise provided by law and subject to the power...

Excerpt: ...the Alameda County litigation in connection with the instant motion. Based on the evidence provided, the court cannot determine that there are common questions of fact or law in the two actions, that the convenience of the parties, witnesses and counsel will be promoted by the transfer, or that there is a risk of inconsistent rulings if the transfer is not ordered. Plaintiffs' request that the causes of action in the cross‐complaint be stayed i...

Excerpt: ...ode Civ. Proc. § 2030.220(b). Plaintiff's responses to form interrogatory (employment) Nos. 210.2, 210.3 and 212.6, and special interrogatory Nos. 4, 12 and 26 are insufficient as plaintiff does not respond completely to each interrogatory. Plaintiff shall serve further verified responses to form interrogatory (employment) Nos. 210.2, 210.3 and 212.6, and special interrogatory Nos. 4, 12 and 26, on or before July 12, 2019. The motion is otherwis...

Excerpt: ...Proc. § 2030.220(a). “If an interrogatory cannot be 3 answered completely, it shall be answered to the extent possible.” Code Civ. Proc. § 2030.220(b). The HOA's responses to form interrogatory Nos. 4.1, 12.1, 12.2, 12.3, 16.1, 16.2, 16.3, 16.7, 16.8, 16.9 and 17.1 are insufficient as the HOA does not respond completely to each interrogatory. The HOA shall serve further verified responses to the subject interrogatories on or before July 12,...

Excerpt: ...tion to Enforce the Settlement Agreement…upon which entry of Judgment was based…” Hintz submits his own declaration expressly stating, under penalty of perjury, that he had only retained his prior attorney Ulises Pizano‐Diaz “for an isolated matter unrelated to the instant lawsuit”. (Hintz declaration ¶7.) This statement is clearly untrue in light of the email string provided by plaintiff's counsel. PLACER COUNTY SUPERIOR COURT THURS...

Excerpt: ...senger service rather than personal service. Second, amendment of a judgment to add a nonparty as an alter ego to the judgment is generally not available where plaintiff obtained a default judgment. (see Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 703‐704, 709‐709.) Third, plaintiff has not made a sufficient showing of successor corporation liability to warrant amendment to include the nonparty corporate entities. (...

Excerpt: .... This is because a motion for summary judgment under Code of Civil Procedure section 437c may not be brought in a class action involving a CRLA claim. (Civil Code section 1781(c).) The proper method for challenging a CRLA claim is to file a motion for a no‐merit determination. (Civil Code section 1781(c)(3); Princess Cruise Lines, Ltd. v. Superior Court (2009) 179 Cal.App.4th 36, 41‐42.) Practically speaking, there is no difference in the an...

Excerpt: ...il such time as plaintiff provides a sufficient legal analysis and supporting evidence to address the following issues: Standard of Review for PAGA Claim Settlement Purporting to cite to Labor Code section 2699(l), plaintiff contends the court's review of the PAGA settlement is limited to a review of the penalties sought in the agreement. (Plaintiff's motion p. 1:14‐21.) This is a complete mischaracterization of the section. The actual language...