Excerpt: ...is the claimant who bears the burden of proof to establish the probable validity of its claims. Code Civ. Proc. §§ 405.30, 405.32. Plaintiff seeks to enforce an alleged oral agreement to sell real property. Such an agreement is barred by the statute of frauds. Civ. Code § 1624 (a)(3). Plaintiff argues that defendants are estopped from asserting the statute of frauds due to her performance under the terms of the alleged agreement. Specifically,...

Excerpt: ...gatories, or made a good faith effort to obtain information from available sources under the defendant's control in order to respond. 6 Plaintiff is awarded sanctions from defendant and his counsel, jointly and severally, in the amount of $760. Code Civ. Proc. § 2030.300(d). Motion to Compel Further Responses to Special Interrogatories Plaintiff's Motion to Compel Further Responses to Special Interrogatories is granted. Defendant's responses to ...

Excerpt: ...notice attached as Exhibit A to the Declaration of Wendy York, at the time, date and location designated by plaintiffs. Plaintiffs are awarded sanctions of $1,260 from defendant Roseville Point Health and Wellness Center, LLC dba Solnus Three, LLC and its counsel of record, jointly and severally. Motion to Compel Deposition of Defendant's Person Most Knowledgeable re Organizational Structure Plaintiffs' unopposed Motion to Compel Deposition of De...

Excerpt: ...uant to the preliminary injunction granted in this case. The use of the subject roadway by plaintiff's guests, customers and/or business invitees was an issue which was identified in plaintiff's initial moving papers as a basis for the necessity of the injunction, and it is appropriate to clarify this use as permissible based on the court's prior order. Defendants' request to modify the preliminary injunction to require plaintiff to obtain liabil...

Excerpt: ... Grand Cherokee. The complaint in this action was filed June 2, 2016. The 2 parties settled the case on September 19, 2017, after the first day of trial. Defendants agreed to pay plaintiffs $140,000 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 in connection with the...

Excerpt: ....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 demurrer is sustained as to plaintiff's first ca...

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Excerpt: ...meaning of Code of Civil Procedure section 877.6. Cross‐Defendant Miller's Heating Air Conditioning and Sheet Metal, Inc.'s Motion for an Order Determining Good Faith of Settlement The unopposed motion is granted. Based on the standards set forth in Tech‐Bilt v. Woodward Clyde & Associates (1985) 38 Cal.3d 488, the settlement at issue is within the reasonable range of the settling cross‐defendant's proportionate shares of liability for plai...

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Excerpt: ...a derivative action the court may require plaintiff to post a bond if it finds “there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its shareholders.” (Corp. Code § 800(c)(1).) The action will have no benefit to the corporation or shareholders if plaintiff would be unlikely to prevail. Marble v. Latchford Glass Co. (1962) 205 Cal.App....

Excerpt: ...thout substantial justification. Code Civ. Proc. §§ 2030.290(c), 2031.300(c), 2033.290(d). Motion to Compel Depositions Plaintiff's Motion to Compel Depositions is granted in part, and denied in part. The motion is denied as to the depositions of defendants' persons most qualified and technicians. Based on the current trial date, the discovery cut‐off date for non‐expert discovery has already passed. While the court may allow discovery proc...

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Excerpt: ...rywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) Defendant has failed to show a sufficient basis to sustain the demurrer as she primarily asserts factual disputes rather than pleading deficiencies. The court must accept all facts pled in the complaint as true. (Blank v. Kirwan, supra, at p. 318.) The complaint complies with Code of Civil Procedure section 1166 as (1) the complaint has been verified, (2) the facts for which recovery is ...

Excerpt: ... The court requests supplemental briefing on the following issues: (1) Further legal analysis on the issue of whether costs may be awarded to a prevailing party where the actual costs have not been established and the cost memorandum is based upon an estimated amount of costs; (2) Whether the issue of costs for the real parties is ripe in light of the intertwined administrative cost issues associated with the consolidation of this case and League...

Excerpt: ...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.) The allegations within the cross‐complaint are too conclusory and fail to sufficient allege facts to support any of the claims for ind...

Excerpt: ... 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 keeps these principles in mind when reviewing the complaint. Here, defendants are challenging the first cause of action for fraud eighth cause of action for breach of contract against defendant David Hood, and the ninth cause of action for constru...

Excerpt: ...icy 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 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.4th 390, 396. It is the petitioner that carries this initial bur...

Excerpt: ...ichfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff sets forth evidence showing that defendant entered into a written credit card account agreement with plaintiff, that plaintiff co...

Excerpt: ...s a whole, are sufficient to support the first, second, fourth, and fifth causes of action. As to the first amended supplemental complaint, the demurrer is sustained without leave to amend. The allegations within the second cause of action are deficiently pleaded and does not state any articulable claim against defendant. Defendant's Motion to Strike the Second Amended Complaint/First Amended Supplemental Complaint The motion to strike is denied ...

Excerpt: ...s 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, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless th...

Excerpt: ... 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 accuracy of 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. Plaintiffs' first ...

Excerpt: ...for leave to amend, plaintiff sets forth numerous facts which she would add to the amended complaint to buttress the claim. The court takes no position at this time as to whether the proffered facts are sufficient to state a valid cause of action for elder abuse. Plaintiff is granted leave to amend. Any amended complaint shall be filed and served on or before July 20, 2018. Motion to Strike In light of the ruling on the demurrer to complaint, Sut...

Excerpt: ...ion (“the State”) moves for summary judgment of plaintiff James Lucido's claim for premises liability and plaintiff Janet Lucido's claim for loss of consortium, under the doctrine of primary assumption of risk, or Government Code section 830.2. 2 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). Defendants moving for...

Excerpt: ... denied as to Exhibit 6. The court denies the requests for judicial notice of timberland ordinances from other counties in California, as they are not relevant to the court's determination in this matter. Ruling on Petition for Writ of Mandate Petitioner High Sierra Rural Alliance seeks a peremptory writ of mandate requiring respondents County of Placer and the Placer County Board of Supervisors (collectively “the 7 County”) to set aside a te...