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: ...ing 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. Cal. R. Ct., rule 2.550(d). Defendant moves to seal Exhibit F to the appendix of exhibits in support of defendant's motion for summary judgment/adjudication on the grounds that the exhibit contains personal compensation and benefits information relating to ...

Excerpt: ...overruled. Ruling on Motion Intervenor Iana Shumeiko (“Intervenor”) moves to expunge the lis pendens recorded by plaintiff in connection with this action. A party may move to expunge a lis pendens on the grounds that the complaint does not contain a real property claim, or on the grounds that claimant has not established by a preponderance of the evidence the probable validity of any real property claim. Code Civ. Proc. §§ 405.31, 405.32. A...

Excerpt: ... therein. Plaintiff's objection to defendant's reply brief is overruled. Defendant BBV Profit Sharing Plan, a 401 K Deferred Compensation Retirement Plan (“BBV”) demurs to plaintiffs' second amended complaint. 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 the truth of the plaintiff's...

Excerpt: ...vil Procedure section 473(b) with defendant claiming either excusable neglect or surprise in his failure to consider the offer. After carefully considering the briefing of the parties, the court denies defendant's request. Initially, the extension of Section 473(b) relief here does not appear proper. The section allows the court to relieve a party “from a judgment, dismissal, order, or other proceeding taken against him or her through his or he...

Excerpt: ...de of Civil Procedure section 128(a)(3) and (5) to compel Ms. Finnerty to produce his client file. While there is some case law and statutory authority to support the proposition that the court may grant the relief requested, the motion will be denied. First, the California Code of Professional Conduct already requires an attorney upon termination of representation to promptly release to the client, at the request of the client, all client materi...

Excerpt: ...ate facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) “A demurrer based on a statute of limitations is appropriate if the ground appears on the face of the complaint or from matters of which the court may or must take judicial notice.” (Aaronoff v. Martinez‐Seftner (2006) 136 Cal.App.4th 910, 918.) A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegatio...

Excerpt: ...ction. (Code of Civil Procedure section 430.10(e).) 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 improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The demurrer is rev...

Excerpt: ... by the Social Security Administration. Mr. Fraidenburgh now seeks to terminate his appointment, without appointing a new GAL, contending plaintiff is competent to handle his own affairs. The request, however, suffers from a complete lack of admissible evidence to support his removal as GAL. First, Mr. Fraidenburgh fails to submit any declarations executed under the penalty of perjury. Second, none of the documents submitted are properly authenti...

Excerpt: ...ina Koga (“Koga”) demur to the first cause of action for elder abuse and second cause of action for wrongful death alleged in the second amended complaint. 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 the truth of the plaintiff's allegations or the accuracy of the described conduct....

Excerpt: ...ding or a portion of a pleading. Code Civ. Proc. § 435(b)(1). 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 laws of the state or an order of the court. Code Civ. Proc. § 436(a), (b). Plaintiff establishes that defendant Promist Misting and Cooling Corporation, a California corporation dba Mistingpros Cooling Corporation's corporate statu...

Excerpt: ... a deposition subpoena duces tecum where the records sought are not within the permissible scope of discovery. In this case, plaintiff objects to the subpoena on the grounds that it seeks documents in violation of plaintiff's right to privacy in her financial affairs. A right of privacy exists as to a party's confidential financial affairs, even when the information sought is admittedly relevant to the litigation. Cobb v. Superior Court (1979...

Excerpt: ...ied. Lexington was dismissed from this action on August 23, 2017. Although Lexington purports to move on behalf of defaulted defendants Energetic Painting & Drywall, Inc. and Energetic Lath & Plaster, Inc., Lexington has not intervened on behalf of these parties. Code of Civil Procedure section 583.310 states that “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” Code of Civil Proce...

Excerpt: ...t be answered completely, it shall be answered to the extent possible.” Plaintiff's responses to form interrogatory Nos. 7.1(c), 15.1 and 17.1 are insufficient as plaintiff does not respond completely to the interrogatory. Nor is plaintiff's failure to respond completely to each interrogatory excused by its responses to other discovery requests. Plaintiff shall serve further verified responses to form interrogatory Nos. 7.1(c), 15.1 and 17.1, w...

Excerpt: .... 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. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. As a preliminary matter, pl...

Excerpt: ..., 2019. A valid and accepted offer of compromise is deemed a compromise settlement, which is enforceable under general principles of contract law. (Code of Civil Procedure section 998(b), (f); Goodstein v. Bank of San Pedro (1994) 27 Cal.App.4th 899, 905‐ 906.) In order for a Section 998 offer to be valid, it must be in writing; state the terms and conditions of the award; and contain a provision allowing the offeree to accept the offer by sign...

Excerpt: .... The dismissal of an action is a drastic sanction that is only applied after a party has had an opportunity to comply with a court order yet still fails to do so. (see PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JUNE 20, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 4 of 12 Ruvalcaba v. Governme...

Excerpt: ...ire plaintiffs to prove each element of the claim to meet their burden of proof. (Code of Civil Procedure section 437c(p)(1); Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241.) They do not seek relief under Section 437c(t), so this subdivision does not apply. Ruling on Request for Judicial Notice Plaintiffs' request for judicial notice is granted under Evidence Code section 452. Ruling on Objections Plaintiffs' objectio...

Excerpt: ...ell established principles. A party 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 analysis focuses on the legal sufficiency of the pleadings, not the truth of 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 ma...

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: ...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...

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: ...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...