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: ...iciency 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. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the cou...

Excerpt: ...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, at 1405. Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App...

Excerpt: ... for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence of a valid arbitration agreement. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972. “‘[A] party cannot be required to submit to arbitration any dispute which he has ...

Excerpt: ...he court will exercise its discretion and consider the substance of defendants' motion, despite plaintiff's contention that notice was insufficient. Defendants' motion is denied. Defendants' notice of motion fails to set forth the statutory authority for coordination of the two cases. Coordination pursuant to Code of Civil Procedure sections 404 et seq. applies to civil actions pending in different courts. See Code Civ. Proc. § 404. Defendants' ...

Excerpt: ...ns 473(d), 473(b), or based on a lack of personal jurisdiction. As a preliminary matter, the court finds that Aizen was validly served with the summons and complaint in this matter, pursuant to Code of Civil Procedure section 415.20(b), which states: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be...

Excerpt: ...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. 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 b...

Excerpt: ...otter's purchase of a 2012 Jeep Grand Cherokee. The complaint in this action was filed June 2, 2016. The parties settled the case on April 8, 2019, on the first day of trial. Defendants agreed to pay plaintiffs $122,000 in settlement of the action. Civil Code section 1794(d) authorizes the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determined by the court to have been reasonably incurred by the buyer i...

Excerpt: ...ion, the court takes judicial notice of the entire file in this action. Cross‐complainants' objections to evidence are ruled on as follows: Objection Nos. 1, 2 and 4 are sustained. Objection No. 3 is overruled. Cross‐complainants' move for leave to amend their cross‐complaint. In determining whether leave to amend should be granted, the court is bound by Code of Civil Procedure section 426.50, which states: A party who fails to plead a caus...

Excerpt: ...al factual issues that require evidentiary resolution.” (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.) A review of the complaint shows that each of the common counts causes of action are sufficiently pleaded. The same is not true for defendant's answer, which essentially admits to the indebtedness in paragraph 5. Since defendant is not able to plead facts supporting a defense to the common counts claims, the motion is g...

Excerpt: ...de of Civil Procedure section 526(a).) The plaintiff has the burden of showing he/she would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has not made a sufficient showing of either harm or his ability to prevail on the claims within the complaint. To reiterate, it is plaintiff that bears the burden here. He must first establish the balanci...

Excerpt: ...��Murray”) fails to establish compliance with the meet and confer requirements of Code of Civil Procedure section 430.41(a). For the purpose of ruling on the instant demurrer, the court will excuse this defect. Defense counsel is advised that any future demurrers must demonstrate compliance with Code of Civil Procedure section 430.41(a). 3 Murray's demurrer to the first amended complaint is overruled in part, and sustained in part with leave to...

Excerpt: ...questions of law or fact. Walker v. Walker (1960) 177 Cal.App.2d 89, 91‐92. The purpose of 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. 9 Plaintiffs seek to consolidate an unlimi...

Excerpt: ...2019, at 8:30 a.m. in Department 33. Motion for Protective Order Plaintiffs move for a protective order with respect to 42,199 written discovery requests propounded by defendants. The court may issue a protective order to protect a party from “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense”. Code Civ. Proc. §§ 2030.090(b); 2033.080(b); 2031.060(b). Defendants have propounded approximately 59 form interrogat...

Excerpt: ...ore causes of action alleged in the complaint. Code Civ. Proc. § 437c(f)(1). A moving defendant has the initial burden of showing that a cause of action has no merit, or there is a complete defense to the cause of action. Code Civ. Proc. § 437c(p)(2). If defendant meets its initial burden, the burden shifts to plaintiff to show the existence of a triable issue of material fact as to the cause of action or defense. Code Civ. Proc. § 437c(p)(2)....

Excerpt: ...edural requirements of California Rules of Court, Rule 3.350. Further, plaintiffs failed to make a sufficient showing to warrant consolidation of the two actions, which stem from separate vehicle collisions. This second motion continues to suffer from procedural and substantive deficiencies. Initially, the court notes this motion was filed on January 24, 2019, on the same date as the hearing on the original motion. Plaintiffs do not address wheth...

Excerpt: ...te the fact that the court only compelled further responses to request for admissions, set one, nos. 1, 2, and 4‐ 10. Plaintiff applies a tenuous interpretation of the court's prior order. It is an impractical interpretation to assume defendants were to respond to all of form interrogatory no. 17.1 where the further responses to the corresponding request PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHA...

Excerpt: ...itted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedure section 437c(c).) A party to the action may also move for summary adjudication if that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) However, a motion for summary adjudication shall only be granted where it completel...

Excerpt: ... not as a result of disclosure of expert witnesses under Code of Civil Procedure section 2034.430. If Mr. McPartland is not considered an expert as defined by Code of Civil Procedure section 2034.430(a) at the time his deposition was taken, the court asks counsel to address what statutory authority governs the payment of Mr. McPartland's deposition fees. The court will grant counsel leave to file supplemental memoranda on this issue if requested....

Excerpt: ...ows plaintiff was served on February 7, 2019. This provided only fourteen days notice, making notice insufficient. Second, defendant did not properly serve the motion on defendant. Code of Civil Procedure section 1013(e) allows the parties to serve by facsimile transmission where “the parties agree and a written confirmation of that agreement is made”. Defendant's proof of service shows service on plaintiff by facsimile transmission but does ...

Excerpt: ...ndant or any defendant resides at the commencement of the action”. Defendants admit that defendant Paul D. Booth, in his capacity as trustee of the Anything Trust dated October 12, 2007 (“Booth”) is a resident of Placer County. Further, pursuant to Probate Code section 17005(a)(1), the proper county for commencement of a proceeding concerning a trust is “[i]n the case of a living trust, the county where the principal place of administrati...

Excerpt: ...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. City of Berkeley (2006) 38 Cal.4th 1,...

Excerpt: ...ader 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. Plaintiff's third cau...

Excerpt: ...Default judgment was entered against defendant on June 20, 2008. This motion was filed over ten years later, on January 2, 2019. As defendant's motion was not timely made under the requirements of the applicable statute, it must be denied. Code Civ. Proc. § 473.5; Trackman v. Kenny (2010) 187 Cal.App.4th 175, 180. ...

Excerpt: ...prior hearing. The instant motion relates to defendant Elmira Abraamyan's motion to amend or withdraw deemed admissions of December 11, 2018. On December 10, 2018 the court published a tentative ruling granting the motion. Plaintiff requested oral argument, and the court conducted 2 a hearing. The court recalls plaintiff's arguments. Generally speaking he argued concerning the sufficiency of the moving papers and the authorities relied upon in th...