Excerpt: ... Evidence Defendants' request for judicial notice is granted. While the court takes judicial notice of the existence of trial testimony of Bill Posey, the court may not take judicial notice of the truth of Mr. Posey's statements. Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882. Defendants' objections to the declaration of Terence McGee, M.D., are overruled. Plaintiffs' objections to defendants' reply...

Excerpt: ....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, 318; Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) Plaintiff's complaint alleges six separate causes of action. The allegations within each claim are disjointed, partially illegible, and conclusory in nature, failing to sufficiently allege facts against the moving...

Excerpt: ...al notice is granted in its entirety under Evidence Code section 452. The court notes, however, that taking judicial notice of a document is not akin to accepting the truth of the matters stated within the document. (Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) Ruling on Demurrer The demurrer is sustained with leave to amend. A demurrer is reviewed based upon well‐established principles. A defendant may demur to a complaint ...

Excerpt: ... consolidation is to promote trial convenience and economy by avoiding duplication of procedure, especially with respect to the proof of issues common to both actions. See McClure, on Behalf of Caruthers v. Donovan (1949) 33 Cal.2d 717, 722‐723. Consolidation rests within the sound discretion of the trial court. Plaintiff seeks to consolidate an unlimited civil action in which she alleges breach of the Homeowners' Bill of Rights, fraud and viol...

Excerpt: ...icy 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, et al. (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, supra, at p. 1405. Under...

Excerpt: ...ference. Terminating sanctions are an extreme sanction for those cases where misuses of the discovery process are so pervasive that 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. Upon careful review of the moving papers and the court file, the court determi...

Excerpt: ...Ruling on Demurrer In the current request, defendant demurs to all six causes of action. A demurrer is reviewed based upon well‐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...

Excerpt: ...bed conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) For the purposes of a demurrer, the allegations in the pleading are deemed to be true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court reviews the complaint keeping these principles in mind. The complaint does not identify the causes of action brought against the defendants in either the caption of the...

Excerpt: ...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.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. (Consumer PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR APRIL 25, 2019 AT 8:30 A.M. PLACER...

Excerpt: ...ed to these three claims in light of defendants' clarification regarding the scope of the demurrer. Ruling on Demurrer To reiterate, the current demurrer challenges only the fourth, fifth, and sixth causes of action in the FAC. 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).) A demurrer tests the legal sufficiency of the pleadings, not...

Excerpt: ...s of action alleged in plaintiff's TAC. A demurrer is reviewed based upon well‐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. ...

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. Plaintiff's first cause of a...

Excerpt: ...h 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. Andersen contends that the allegations of the complaint est...

Excerpt: ...he language of the statute is mandatory, as opposed to permissive, and accordingly the court does not have discretion to deny judicial preference in cases where plaintiff is under 14 years of age and has a substantial interest in the case as a whole. Peters v. Superior Court (1989) 212 Cal.App.3d 218, 224. In this case, the parties do not dispute that plaintiffs Alex Azeltine and Franklin Azeltine are minors under the age of 14 who have a substan...

Excerpt: ...reasonably available to the responding party permits.” By suggesting that responding party is aware of the existence additional facts which are not described in the responses, defendant has not complied with his duty to provide complete answers. The motion is also granted as to Special Interrogatory No. 10. Defendant's response to this interrogatory is overly conclusory and states “some of the referenced damages may not yet have occurred” w...

Excerpt: ... by the current motion. Further, even if plaintiff had requested set aside of the dismissal, plaintiff requests judgment on terms that are not in conformance with the terms of the stipulation for settlement. First, plaintiff requests interest on the full amount of the stipulated judgment amount, $10,887.22, from December 1, 2017 to February 12, 2019, despite the fact that payment of $4,834.56 was made on January 8, 2018. Second, plaintiff request...

Excerpt: ... 15 Cal.3d 652, 656. Where discovery seeks to invade the constitutional right to privacy, the party seeking the discovery must show that the information sought is directly relevant to claims at issue in the litigation, there is a compelling need for the information, and the information is essential to a fair resolution of the lawsuit. Alch v. Superior Court (2008) 165 Cal.App.4th 1412, 1425. In response to the current motion, plaintiff asserts th...

Excerpt: ...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. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, ...

Excerpt: ...restitution, challenging the water rate structure adopted by respondent Foresthill Public Utility District (“the District”) on June 25, 2014. Petitioner sought a declaration that the District's water rate structure violated Proposition 218, California Constitution, Article XIIID, restitution of all fees and charges collected in violation of Proposition 218, a permanent injunction prohibiting the billing and collection of water charges or fees...

Excerpt: ...ily Trust”) move to quash or modify three depositions subpoenas served on U.S. Bank National Association, Sterling Bank and Southern Bank. Moving parties assert that particular requests for documents within the subpoenas are not reasonably particularized and seek documents protected by Canel and the Canel Family Trust's constitutional right to privacy. Broadly, the specific document requests to which moving parties object seek loan applications...

Excerpt: ...aint is granted in part and denied in part. In assaying this application, the court has sought to balance the principle of the law's general liberality in allowing amendment of pleadings on the one hand, against the forthcoming trial date on the other. As the court has previously observed, the amount of public resources that have been expended in more than thirty (30) law and motion matters in the year that this matter has been pending seems very...

Excerpt: ...n for Summary Judgment or Summary Adjudication Defendant and cross‐complainant South Sutter Water District (“the District”) moves for summary judgment or summary adjudication as to the claims pleaded by the District in the crosscomplaint. 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). A plaintiff moving for summ...

Excerpt: ...bed 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. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. The dem...

Excerpt: ...n Motion for Summary Judgment, or in the Alternative, for Summary Adjudication Defendant Schaffer's Mill Community Association (“the HOA”) moves for summary judgment or summary adjudication of plaintiffs' claims for breach of the CC&Rs, breach of fiduciary duty, and nuisance. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter...

Excerpt: ...f may move for summary adjudication as to one or more causes of action if that plaintiff contends there is no viable affirmative defense. (Code of Civil Procedure section 437c(f)(1).) A summary adjudication motion will only be granted where it completely disposes of the cause of action. (Ibid.) As with a summary judgment motion, the court engages in a specific analysis for review. First, it must define the scope of the motion by looking to the op...