Excerpt: ...lement agreement filed in this action pursuant to Code of Civil Procedure section 664.6. Plaintiffs Wendy Wood and Robert G. Spohr, individuals and trustees of the Wendy Wood and Robert G. Spohr Revocable Trust, and Adrienne Spohr (“plaintiffs”) entered into a settlement agreement in this action with defendants Richard M. Dewante, individually and dba Tahoe Park Water Company, and Tahoe Park Water Company (“defendants”). The settlement ag...

Excerpt: ...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 court has reviewed the complaint in this action in light of defendants'...

Excerpt: ...f'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: ...ond. (see Lieberman v. Aetna Ins. Co. (1967) 249 Cal.app.2d 515, 523‐524.) The mistake must also be reasonable and justifiable. (Anderson v. Sherman (1981) 125 Cal.App.3d 228.) In this instance, defendants submit a single sentence statement in support of their request, “Did not receive denial of fee waiver.” This conclusion is insufficient to establish a material mistake to afford relief under Section 473(b). A review of the court file show...

Excerpt: ...aration or declaration stating the moving party contacted the deponent inquiring about the nonappearance. In the current request, plaintiff seeks to compel the attendance of defendant's PMK – along with the production of various documents – based upon the failure of the PMK to appear for the January 14, 2018 deposition. Plaintiff has not made a sufficient showing under Section 2025.450(b)(2) that he contacted defendant to inquire about the no...

Excerpt: ...gs Page 2 of 8 Ruling on Motion A motion for summary judgment in an unlawful detainer action may be brought at any time after the answer is filed upon five days notice. (Code of Civil Procedure section 1170.7.) A party is entitled to bring a motion for summary judgment where there are no triable issues of fact. (Code of Civil Procedure section 437c.) The party seeking summary judgment bears the burden of showing there is no triable issue of mater...

Excerpt: ...d separately. Request to File Third Amended Answer A party may seek leave to amend its pleading at any time prior to the commencement of trial and upon any terms that may be just. (Code of Civil Procedure sections 473(a)(1), 576.) Courts generally exercise liberality in permitting amendments to pleadings, especially for answers where the denial may amount to permanently depriving the defendant of a defense. (Hulsey v. Koehler (1990) 218 Cal.App.3...

Excerpt: ...aint does not state facts sufficient to constitute a cause of action against the defendant. Code Civ. Proc. § 438(c). The grounds for the motion must appear on the face of the challenged pleading, or be based on facts which may be judicially noticed. Code Civ. Proc. § 438(d). Plaintiffs' fourth cause of action alleges a claim of negligence against Richard Yang, Frieda Yang and Madeline Yang. Plaintiffs' fifth cause of action alleges a claim of ...

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

Excerpt: ...rson (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 complaint alleges tha...

Excerpt: ...ndings of fact that establish: (1) an overriding interest that overcomes the public's right to access, (2) an overriding interest supporting sealing the record, (3) a substantial probability that the overriding interest will be PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR FEBRUARY 28, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and ...

Excerpt: ...laint is uncertain. (Code of Civil Procedure section 430.10(f).) 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.) In the...

Excerpt: ...complaint is uncertain. (Code of Civil Procedure section 430.10(f).) 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.) PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR FEBRUARY 28, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEP...

Excerpt: ... 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 of Civil Procedure section 436(a), (b).) The grounds for a motion to strike must appear on the face of the pleading or from judicially noticeable matters. (Code of Civil Procedure section 437(a).) The judicially noticeable documents show defendant's corporate status is ...

Excerpt: ... Defendant filed its answer without retaining counsel, which is improper. For these reasons, the motion is granted. Defendant KD Homebuyers, Inc.'s answer, filed on May 8, 2018, is stricken. All related trial dates are vacated. A case management conference is set for April 2, 2019 at 10:00 a.m. in Department 40. Plaintiff shall request entry of default as to the defendant prior to the hearing ...

Excerpt: ... COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR FEBRUARY 28, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 14 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.) In thi...

Excerpt: ...dant was seriously ill or feeble may be presented to support a claim for excusable neglect. (see Kesselman v. Kesselman (1963) 212 Cal.App.2d 196, 207‐208.) Defendant's supporting declaration sufficiently establishes he suffers from a serious illness excusing the neglectful conduct, which resulted in the entry of the default and default judgment. For these reasons, the motion is granted. The request for default and default judgment, both entere...

Excerpt: ...w trial and/or vacate judgment did not comport with the requirements of either Code of Civil Procedure sections 659 or 663a. There was also no valid proof of service in the file showing plaintiff had served defendant with the purported motion and the motion was denied by operation of law under Sections 660 and 663a. Plaintiff provides no legal basis for the court to consider this second motion for new trial. Further, plaintiff's current motion fa...

Excerpt: ...contend no further discovery should be allowed until such time as plaintiff makes an evidentiary showing to warrant a broader scope of discovery. This limitation on discovery is improper in light of the California Supreme Court's opinion in Williams v. Superior Court (Marshall's of CA, LLC) (2017) 3 Cal.5th 531. The Williams case makes clear broad discovery is allowed in PAGA actions, generally rejecting a heightened burden of proof requirement b...

Excerpt: ...on (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 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. C...

Excerpt: ...v. 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. Cit...

Excerpt: ... Inc. and Ryan Zierman move for summary adjudication as to their fifth cause of action for violation of the California Franchise Investment Law (“CFIL”) and seventh cause of action for violation of the Unfair Competition Law (“UCL”). 4 A plaintiff may move for summary adjudication if it contends that there is no affirmative defense to one or more causes of action alleged in the complaint. Code Civ. Proc. § 437c(f)(1). A moving plaintiff ...

Excerpt: ...not filed until December 27, 2018. Defendant 3 contends that she was not personally served, but does not adequately rebut the presumption of proper service established by the proof of service filed January 17, 2013. See Floveyor Int'l, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795. Further, defendant fails to show that her lack of notice in time to defend was not caused by inexcusable neglect. Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1...

Excerpt: ...ether the memoranda of costs were properly served. The court granted Gilman's request, and continued the hearing on this motion. The court has now considered Gilman's supplemental briefing re: service of memorandum of costs as well as the judgment creditors' response to supplemental memorandum, and issues the following tentative ruling: Gilman asserts that the memoranda of costs were not properly served pursuant to the Enforcement of Judgments La...