Excerpt: ...vowed interest in the disputed 2 funds. (Ibid.) The court intends to grant plaintiff's motion. However a continuance is necessary based on the request for fees. Plaintiff requests attorney's fees in the amount of $5,795 and costs in the amount of $1,529.10. The court notes several inconsistencies regarding statements of incurred attorneys' fees in the memorandum and supporting declaration. The memorandum states plaintiff has incurred 22.8 hours o...

Excerpt: ...ice of the information declared therein. Ruling on the Motion Respondent Seyed Mohammad Caranizadeh seeks attorneys' fees in the amount of $27,'W8.50. In this case, petitioner Ali Zamanimahforoujaki filed a request for civil harassment restraining order ("CHRO"). The court granted temporary orders pending a hearing. At the initial hearing on March 6, 2023, the court dissolved the temporary orders. Subsequently, petitioner filed a request for dism...

Excerpt: ...der v. Anderson (2CG) 179 Cal.App.4th 775, 787.) The allegations in the 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 law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2CG) 113 Cal.App.4th 597, 6...

Excerpt: ...ry Adjudication against plaintiff's third amended complaint; - Declaration of Michele R. Sullivan in support of defendant Michele R. Sullivan's motion for adjudication against plaintiff's third amended complaint (and what appears to be a duplicate); - Objection to plaintiff's evidence in reply to defendants John L. Sullivan and John L. Sullivan Investments, Inc. dba Roseville Toyota's Motion for Summary Adjudication against plaintiffs third amend...

Excerpt: ...nifer Saeger and Bardley Saeger's (collectively, "Saegers") separate statement of undisputed material facts is deficient because it is not formatted into two-columns nor separately identify each cause of action subject to the motion. (Cal. Rules of Court, rule 3.1350, subd. (db.) Ruling on Mohon as to Cause of Action in Complaint as a Plaintiff The Saegers motion for summary judgment, or in the alternative, for summary adjudication is denied in f...

Excerpt: ... sued defendant for breach of a contract which included a fee shifting provision: (FAC, Exh. A, 12.) Defendant is entitled to recover attorney's fees even though she is a non-signatory to the contract. (Civ. Code, S 1717; Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128—29 [Civil Code section 1717 must "be interpreted to further provide a reciprocal remedy for a nonsignatory defendant, sued on a contract as if he were a party to it, wh...

Excerpt: ...ed together as one, which is inappropriate. Further, the motion to strike fails to "quote in full the portions sought to be stricken." (Cal. Rules of Court, rule 3.1322(a).) Defendant is admonished to abide by the Rules of Court in the future. The court exercises its discretion to reach both motions on the merits. Defendant's request for judicial notice is granted as to the fact of the documents having been filed; however, the court does not take...

Excerpt: ...h the Government Claims Act, the causes of action are barred by their respective statutes of limitations, and Civil Code secton 47 provided for absolute immunity to any alleged false statements made to law enforcement. 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 dee...

Excerpt: ... pleading does not state facts sufficient to constitute a cause of action. Civ. Proc., S 430.10, subd. 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 (2ff)9) 179 Cal.App.4th 775, 787.) he allegations in the pleadings 3 are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 59...

Excerpt: ...ly with discovery obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garc:ia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) Defendants' Motion to Compel Responses to Form Interrogatories and Sanctons The motion is granted. Plaintiff Roghie Fathi shall provide verified responses, without obj...

Excerpt: ...ies as required. The objection is overruled. Cross-complainant attached two exhibits to the opposition brief and refers to the exhibits throughout the memorandum of points and authorities. However, that an opposing party may have made admissions or allegations in another context does not resolve any deficiencies in cross-complainant's pleading. The exhibits are outside of the allegations in the cross-complaint and not subject to judicial notice a...

Excerpt: ...ntinuance of the instant motion to allow for further discovery pursuant to Code of Civil Procedure section 437c(h). Plaintiff's request to continue is denied. A party may request a continuance "at any time on or before the date the opposition response to the motion is due," which is fourteen days preceding the hearing. (Code Civ. Proc., S 437c(h), (b)(2).) Plaintiff's request to continue was untimely filed, providing only thirteen days' notice. F...

Excerpt: ... to file a second motion to seal, it must be filed and served by November 15, 2023. Any documents in opposition to the motion(s) to seal must be filed and served by November 16, 2023. Furthermore, on October 31, 2023, the court granted three defense motions to seal. It has come to the court's attention defendants lodged several unredacted documents that were not included in the motons to seal or in the court's October 31, 2023 order: Defendants J...

Excerpt: ...iency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (21%9) 179 Cal.App.4th 775, 787.) The allegations in the 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.) Furthermore, "[t]he courts will not close their eyes to situations where a complaint contains allegations ...

Excerpt: ...r dismissal when "an application for relief is made no more than six months after entry of judgment ... and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Civ. Proc. S 473, subd. Further, the motion must include a copy of the answer or other proposed pleading to be filed. (Ibid.) If an applicant meets the requirements for the mandatory relief provision, the court must relieve...

Excerpt: ...d declaration containing facts sufficient to justify the sealing. (Cal. Rules of Court, rule 2.551, subd. (b)(l).) A review of the court file reveals no memorandum of points and authorities or declaration have been filed, although they are referenced in the notice of motion and the attached proof of service. The court continues the motion to seal to be heard November 28 at 8:30 a.m. in Department 42. NCFMC is directed to file and serve a notce of...

Excerpt: ...rbitration is denied. A threshold question for any motion to compel arbitration is whether an agreement to arbitrate exists between the parties. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) he moving party carries this initial burden by proving, by a of the evidence, the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) The opposing party may then produce evidence to cha...

Excerpt: ...y adjudication as to the third and fourth causes of action of plaintiff's second amended complaint. Evidentiary Rulings Defense counsel made no efforts to meet and confer as the Local Rules require for all motions on the Civil Law and Moton calendar. However, this is not a basis on which to rule on such a motion. Further, there is no statutory obligation to meet and confer for such a motion and the court observes a dispositive evidentiary motion ...

Excerpt: ...aintiff's allegations or accuracy of the described conduct. (Bader v. Anderson 179 Cal.App.4th 775, 787.) The allegations in the 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 law. (Genesis Environment Services v. San Joaquin Valley Unified Ai...

Excerpt: ...numbers 1 and 2 are sustained; the objections are otherwise overruled. Plaintiff's objections numbers 1 and 2 are sustained; the objections are otherwise overruled. Defendant's objections to plaintiff's reply filed October 31, 2023 are overruled in their entirety. Plaintiff submitted new evidence together with her reply brief. Defendant filed a suropposition. The court exercises its discretion and considers all briefing and supporting papers in t...

Excerpt: ...hat the overriding interest will be prejudiced if the records are not sealed. The court further finds that the sealing of information is narrowly tailored, and that no less restrictive means to achieve the identified overriding interest exists. (Cal. Rules of Court, rule 2.550(d).) The following documents are ordered sealed: 8 Copies of the above documents will be sealed and maintained in the court's electronic file and shall be available only to...

Excerpt: ...8.10, subd. (a)(l).) This includes both personal jurisdiction and subject matter jurisdiction. (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1144.) A challenge to the court's jurisdiction based on the doctrine of tribal sovereign immunity may also be raised by a moton to quash. (See Self v. Cher-Ae Heights ndian Community of Trinidad Rancheria (2021) 60 Cal.App.5th 209, 215.) When determining whether 2 tribal sovereign immunity exists for a...

Excerpt: ...pecial motions to strike, three demurrers to the complaint, one moton to strike portions of the complaint, and plaintiffs' motion to remove the case to federal court. Defendants' request for judicial notice is granted. The moton is denied. A motion for reconsideration requires a showing by affidavit of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (...

Excerpt: ... 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.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (20436) 38 Cal.4th 1, 6.) Th...

Excerpt: ... 752-753; Ruth v. Kizer (1992) 8 Cal.App.4th 380, 385.) Said another way, the court reconsiders the evidence presented and makes its own independent findings. (Ibid.) There is a strong presumption of correctness concerning the administrative findings and the party challenging the decision has the burden of showing the findings are contrary to the weight of the evidence. (Norasingh, supra.) Moreover, an agency's interpretation of its regulations a...