Excerpt: ... overruled. Defendants' objections to evidence are ruled on as follows: Objection No. 4 is sustained. The remaining objections are overruled. 3 Ruling on Motion Defendants Madeline Yang (“Madeline”), Richard Yang (“Richard”) and Frieda Yang (“Frieda”) move for summary judgment with respect to plaintiffs' second amended complaint. The party seeking summary judgment bears the burden of showing there is no triable issue of material fact ...

Excerpt: ...nstitute 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 9 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 j...

Excerpt: ...stitute 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 by judi...

Excerpt: ...award of sanctions pursuant to Code of Civil Procedure §§ 128.5 and 128.7, contending Judgment Debtor Gilman's motion for fees on appeal, filed on July 24, 2019, was filed in bad faith and was frivolous and devoid of any merit. Regarding Judgment Debtors' request for sanctions pursuant to Code of Civil Procedure § 128.5, the Court is not persuaded that the conduct at issue warrants sanctions under this provision. In ruling on the motion, the C...

Excerpt: ...ies to informally meet and confer in good faith prior to setting matters for hearing. Ruling on Request for Judicial Notice Defendant's request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The motion is granted with leave to amend. 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 ord...

Excerpt: ...f filed a partial satisfaction of judgment on February 8, 2016, after defendant was purportedly deceased. The proof of service for the current motion then shows plaintiff served defendant, who plaintiff claims is deceased, by mail at an address in Granite Bay, California. Further, plaintiff provides little legal authority to support the motion or the ability to vacate a judgment where a partial satisfaction has been filed. Finally, the declaratio...

Excerpt: ...lly be exercised liberally to permit amendments to pleadings, “at any stage of the proceedings, up to and including trial”. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761. However, the policy of liberality in permitting amendments to the complaint should be applied only where no prejudice is shown to the adverse parties. Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487. Plaintiff's motion for trial setting preference due t...

Excerpt: ...k National Association is granted. This subpoena seeks “all documents and transaction history related to accounts owned by Shawn Whitney from 01/01/2017 to 01/01/2019”. Plaintiff's personal financial information is protected by the constitutional right to privacy. Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3d 652, 656. Where discovery seeks to invade the constitutional right to privacy, the party seeking the discovery must show tha...

Excerpt: ... convenience of witnesses. In denying defendants' motion based on the convenience of witnesses, the court stated: Defendants' alternative request to transfer venue pursuant to Code of Civil Procedure section 397, based on the convenience of witnesses and the interests of justice, also fails. The motion is premature as not all defendants have answered the complaint. Code Civ. Proc. § 396b(d); Buran Equipment Co., Inc. v. Superior Court (1987) 190...

Excerpt: ...§ 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 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...

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 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 properl...

Excerpt: ...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 court does not assume the tru...

Excerpt: ...bsolute identity of parties. Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789. Plaintiff argues that this requirement is not satisfied here, as she is not a named plaintiff in the Brown action. Both cases are representative actions brought under the Private Attorney General Act (“PAGA”). An employee suing under PAGA “does so as the proxy or agent of the state's labor law enforcement agencies.” Arias v. 12 Superior C...

Excerpt: ...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, or...

Excerpt: ...l, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795. Defendant denies personal service was effectuated, and states that she discovered the subject paperwork stuck in her security screen on September 28, 2019. Defendant denies knowledge of any attempts to personally serve her. In response to defendant's motion, plaintiff submits the declaration of process server Eric Meyer. Mr. Meyer details numerous attempts to effectuate personal service on...

Excerpt: ...ve Rulings Page 3 of 7 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR OCTOBER 17, 2019 AT 8:30 A.M. constitute a cause of action. (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.) T...

Excerpt: ...nd hour of her deposition, arguing that defense counsel made excessive and inappropriate objections, that co‐defense counsel was ten minutes late, and that Dr. Serina produced substantial documents at her deposition in violation of Code of Civil Procedure section 2034.210(b). Code of Civil Procedure section 2034.430(b) states: A party desiring to depose an expert witness described in subdivision (a) shall pay the expert's reasonable and cus...

Excerpt: ..., nor whether she “stayed” at the property on dates outside of the periods when she leased the property. With respect to special interrogatory Nos. 22, 23 and 27, defendant argues that the information sought by the interrogatories is equally available to the propounding party, and that the information can be gleaned from documents that have been produced in this action. 7 Defendant's responses also set forth objections on the grounds that the...

Excerpt: .... 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 by judicially noticed facts. Eva...

Excerpt: ...f 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 by judicially noticed fa...

Excerpt: ...dure section 128.5. Pursuant to this statute, the court may order a party or counsel, or both “to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Code Civ. Proc. § 128.5(a). Defendants contend that plaintiff and his counsel should be ordered to pay their attorneys' fees because they filed ...

Excerpt: ... is overruled. Defendants' objection to plaintiffs' request for judicial notice is overruled. Ruling on Motion Plaintiffs W1 Holdings, G4 Capital Partners, LLC and Sheena George move for summary judgment of this consolidated action, or alternatively summary adjudication of issues. With respect to plaintiffs' request for summary adjudication, plaintiffs' notice of motion states that plaintiffs seek “summary adjudication of issues” but does not...

Excerpt: ...ffirmative defense to the cause of action, that there is no merit to an affirmative defense to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs.” (Code of Civil Procedure section 437c(f)(1).) The trial court engages in a specific analysis when reviewing a motion for summary adjudicati...

Excerpt: ...e issue of material 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 Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468.) Once a plaintiff proves its prima facie case, the burden of proof shifts to the defe...

Excerpt: ...om 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 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....