Excerpt: ...75, 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.) Further, a complaint must be liberally construed with all inferences drawn in favor of plaintiff. (Code of Civil Procedure section 452; Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 43, fn. 7; Perez v. Golden Empire Transit Dist. (2012...

Excerpt: ...se of action, a demurrer is reviewed under wellestablished principles. A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action, testing the sufficiency of the pleading and not the truth of the allegations or the accuracy of the described conduct. (Code of Civil Procedure section 430.10(e); Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to b...

Excerpt: ...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 that the information sought is directly relevant to claims at issue in the litigation, there is a compelling need for the information, and the information is essential to a fair resolution of the lawsuit. Alch v. Superior Court (2008) 165 Cal.App.4th 1412, 1425. The subject subpoena seeks the fol...

Excerpt: ...pitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 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 burden of proving, by a preponderance of the evidence, the existence of a valid arbitration agreem...

Excerpt: ...ntract, regardless of who initiates the action. Pacific Custom Pools, Inc. v. Turner Construction Co. (2000) 79 Cal.App.4th 1254, 1268. One who is not a party to the contract may be able to recover fees under section 1717 only if it would have been liable for such fees had it lost the action. Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128‐ 129. A nonsignatory defendant seeking to recover fees under Civil Code section 1717 must establ...

Excerpt: ... of the pleadings, not the 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 (2006) ...

Excerpt: ...(Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 843.) The court reviews the motio...

Excerpt: ...5 involves a complaint filed by plaintiffs Kim Johnson and KD Johnson and Associates (collectively “Johnson”), against defendant Aimee Lubell (“Lubell”), and a cross‐complaint by Lubell against Johnson. The pleadings arise from counseling services provided by Johnson to Lubell and her two sons, Jonathan Scharrer and Jaxon Scharrer. Johnson alleges claims against Lubell arising from Lubell's alleged failure to pay in full for the service...

Excerpt: ... 29, 2014 (“the Trust action”). Code of Civil Procedure section 1048 permits consolidation of multiple actions which involve common questions of law or fact. In determining whether multiple actions pending in the same court should be consolidated, the court examines various issues, including the timeliness of the motion, whether granting consolidation would cause undue confusion or complexity, and whether consolidation would adversely prejudi...

Excerpt: ...Trust action”). 3 Code of Civil Procedure section 1048 permits consolidation of multiple actions which involve common questions of law or fact. In determining whether multiple actions pending in the same court should be consolidated, the court examines various issues including the timeliness of the motion, whether granting consolidation would cause undue confusion or complexity, and whether consolidation would adversely prejudice the rights of ...

Excerpt: ...motion, or through a cost memorandum at the conclusion of the litigation). Johnson filed a special motion to strike the first, second, third, fourth and ninth causes of action alleged by defendant and cross‐complainant Aimee Lubell (“Lubell”) in the first amended cross‐complaint. The court granted the motion as to the first, second, and fourth causes of action in their entirety, and as to Paragraph Nos. 51, 53 and 54 of the third cause of...

Excerpt: ...ivil Procedure section 877.6. Defendants Aspen Earthworks, Inc. and Aspen Developers, Corp's Motion for Judgment on the Pleading as to Plaintiff's Complaint Ruling on Request for Judicial Notice The Aspen defendants' request for judicial notice is denied and plaintiff's objection no. 2 is sustained. They request the court take judicial notice of the original complaint filed by plaintiff, which was superseded through the filing of the first amende...

Excerpt: ...and the exhibits attached thereto, and Exhibit 4 to the Plaintiffs' Motion for Summary Judgment. /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR MARCH 17, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 10 Ruling on the Motion In the current request, plaintiffs seek summary judgment against def...

Excerpt: ...e overruled. Ruling on Motion Defendant Placer Valley Sports Complex, Inc. seeks summary adjudication as to the first, third, fourth and sixth causes of action alleged in the complaint filed by Sherry Larsen, 4 individually and dba California State Enterprises. A party may move for summary adjudication if there is no merit to one or more causes of action and the motion completely disposes of a cause of action. Code Civ. Proc. § 437c(f)(1). The m...

Excerpt: ...rder to prevent a trustee's sale of her home due to several alleged violations of the California Homeowner Bill of Rights (“HBOR”). The fees were awarded pursuant to Civil Code section 2924.12(h), which states: A court may award a prevailing borrower reasonable attorney's fees and costs in an action brought pursuant to this section. A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injuncti...

Excerpt: ...��scorched earth'; nor does it mean lack of civility. [Citations.] Zeal and vigor in the representation of clients are commendable. So are civility, courtesy, and cooperation. They are not mutually exclusive.” In re Marriage of Davenport (2011) 194 Cal.App.4th 1507, 1537. As one court stated, “[t]he timbre of our time has become unfortunately aggressive and disrespectful. Language addressed to opposing counsel and courts has lurched off the p...

Excerpt: ...ay time limit for response, responses have been filed, and 2 there is no evidence that any abuse of the discovery process was intended or occurred (C.C.P. § 2030.290(c)). Defendant's companion request to be relieved from the statutory waiver of objections to interrogatory responses is granted. The responses served by Defendant are substantially compliant with the requirements of the Discovery Act and, as previously noted, the failure to serve ti...

Excerpt: ...Hope shall provide verified responses, without objections, to form interrogatories, set one, within ten days of service of the signed order after hearing. Sanctions in the amount of $705.00 are imposed upon plaintiff Bank of Hope. The court notes plaintiff has engaged in a pattern of not responding to discovery propounded by defendants as seen in the court's prior orders after the June 18, 2020 hearings on defendants' discovery motions. Defendant...

Excerpt: ...duct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) In this vein, the allegations are deemed to be true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) A review of the allegations within the first amended cross‐complaint, when read in conjunction with the partnership agreement attached to the pleading, are sufficient to plead both breach of fiduciary duty and neglige...

Excerpt: ...reinafter be referred to as “attorney defendants.” Attorney defendants caused a 3‐day notice to perform or quit to be served on plaintiff for an alleged violation of the lease. Attorney defendants thereafter filed against plaintiff a verified complaint for unlawful detainer. The unlawful detainer action is set for trial. In Count 4 of his First Amended Complaint, plaintiff alleges the 3‐ day notice and the verified complaint for unlawful ...

Excerpt: ... further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete.”) See also Leach v. Superior Court (1980) 111 Cal.App.3d 902, 95 (noting that no meet and confer is required where there is a “total failure to respond to interrogatories within the time prescribed by statute”). In light of the substance of the motion, it is subject to the 45‐day limit set...

Excerpt: ... action. Code Civ. Proc. § 430.10(e). 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 (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. The demurrer is sustained in its entirety. Plaintiff alleges ...

Excerpt: ...on no. 1. Ruling on Motion The motion is granted and defendants are awarded $18,060.00 in attorneys' fees. In the current request, defendants seek to expunge the lis pendens notice filed by plaintiffs on April 6, 2021 along with the related recorded document. The expungement of a lis pendens involves a two prong analysis. The first prong involves a review of the complaint to determine whether a real property claim is involved. (Code of Civil Proc...

Excerpt: ...iff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) In this vein, 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 demurrer is reviewed keeping this in mind. A review of the allegations within the complaint, when read as a whole and with the judicially ...

Excerpt: ...surable by reference to the contract itself, and the basis for computing damages must be reasonable and certain. CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541. In this case, defendant fails to establish that the claim sued on is a commercial claim. Against an individual, attachment lies only on a claim that arises “out of the conduct by the defendant of a trade, business or profession.” Code Civ. Proc....

Excerpt: ...laintiff's counsel to defense counsel, which defendant argues was a valid settlement offer to settle plaintiff's claims against defendant for policy limits. Defendant further argues that the offer was accepted, and that a binding settlement agreement was entered into. This claim is the basis for defendant's second amended cross‐ complaint, which seeks specific performance of the alleged settlement agreement. Defendant moved for summary judgment...

Excerpt: ...ery in the civil action while the criminal action is pending. Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 885. In determining whether to grant a defendant's request to stay discovery, the court considers the extent to which the defendant's Fifth Amendment rights are implicated; the interests of the plaintiff in proceeding expeditiously and the potential prejudice of a delay; the burden the proceedings may impose on the defendants; t...

Excerpt: ...ation as to their first cause of action for quiet title and second cause of action for declaratory relief along with summary adjudication of the corresponding quiet title and declaratory relief claims alleged in defendant's cross‐complaint. The motion is improper to grant on procedural grounds since it is aimed at pleadings that have been superseded by amendments. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HON...

Excerpt: ...ection 2025.230; and (3) require meet and confer and mutual coordination over a period not exceeding five business days, for notices, subpoenas or requests for SPS PMQ deposition testimony or SPS percipient witness testimony occurring in Utah. A party or deponent may seek a protective order where, upon a showing of good cause, an order is necessary for protection from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. ...

Excerpt: ...f a building at a job site where Bonner was performing work. At the time of the incident, Bonner was acting as an employee for Lawson and Lawson was performing work pursuant to a Master Subcontract Agreement with Turner. Turner contends that Lawson has a duty to defend, indemnify, and hold Turner harmless from plaintiff's claims pursuant to the language of the Master Subcontract Agreement. Thus on June 29, 2020, Turner tendered their defense and ...

Excerpt: ...ied School District demurs to the first cause of action for dangerous condition of public property, alleged in plaintiff Gage Menezes's first amended complaint. 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 (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....

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 9 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. The demurrer is sustained. A claim for i...

Excerpt: ...s but noted she still had mood swings, irritable behavior, and difficulties sleeping. There are no updated medical records establishing Ava has completely recovered from the emotional issues, sleeping, and headaches as attested to in paragraph 8.a. in the petition. The current petition now attests that the monies will be transferred to a custodian for Ava's benefit under the California Uniform Transfers to Minors Act [UTMA]. The attachments to th...

Excerpt: ... section 473(d). Defendants assert the court had no jurisdiction to enter either since they were not served, so the court did not have personal jurisdiction over them. The court may set aside a void judgment at any time. (Code of Civil Procedure section 473(d); OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318, 1327.) A judgment is only considered void on its face where a review of court records, without the aid of e...

Excerpt: ...ode of Civil Procedure section 2030.290(c).) Nonetheless, repeated conduct of failing to comply 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 Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) Plaintiff Northern California Collection Service, Inc.'s Motion to Compel R...

Excerpt: ... of 7 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. The demurrer is overruled. A plaintiff may pursue inconsistent counts in a complaint by pleading cla...

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. The demurrer is overruled as to plaintiff's first cause of action for general negligence. The complaint, read as a whole, alleges sufficient facts to support thi...

Excerpt: ...1 and 2 are sustained. Objection No. 3 is overruled. 5 Ruling on Motion Plaintiff Future Ford, Inc. seeks a preliminary injunction against defendant Jason Parks. The requested injunction would prevent defendant from using, disseminating, communicating, conveying, disclosing, copying, duplicating, modifying and/or destroying information regarding current or potential Future Ford customers, which information plaintiff identifies as confidential, pr...

Excerpt: ...ll not sufficiently address the discovery derelictions. Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐797. In light of the extreme effect of terminating sanctions, courts do not impose such a sanction lightly. The totality of the circumstances surrounding the discovery violations are considered when ordering terminating sanctions: (1) whether the party's conduct was willful; (2) the detriment to the propounding party; and (3) the number of fo...

Excerpt: ...complaint in this action does not pray for attorneys' fees. However “where a party's right to attorneys' fees rests on section 1717, the fact that the entire contract was before the court in the original action is a sufficient ‘pleading' to authorize an attorneys' fees award.” See PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR FEBRUARY 10, 2022 AT 8:30 A.M. PLAC...

Excerpt: ... 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.) The demurrer is sustained. The complaint does not allege a valid cause of action for unlawful detainer. The complaint alleges the Tenant Protection Act of 2019 applies to this case. (Complaint para. 7(b).) Under this Act, when a landlord seeks at‐fault termination, the landlord must provide the t...

Excerpt: ...quest for sanctions is denied. The premise of defendant's request is that plaintiff intentionally withheld certain information regarding the alleged need for future fusion surgery in this personal injury action. Defendant has not established that this information was known to plaintiff and/or his counsel prior to the time that plaintiff served supplemental responses. Further, the court previously determined that a request to strike the admission ...

Excerpt: ...dicated in the introductory paragraph of the court's tentative rulings. The current hearing was set by minute order filed December 15, 2021. The matter is set for a motion for reconsideration, or to set aside the court's ruling on plaintiff's motion to vacate, issued on November 9, 2021. By way of background, plaintiff's motion to 4 vacate, filed October 13, 2021, sought relief relating to the court's ruling from August 10, 2021, which sustained ...

Excerpt: ... Rawlins, and co‐defendants Alan Roberts and Beverly Roberts (collectively “the Robertses”). A party must make a demand for exchange of expert witness information no later than the 10th day after the initial trial date has been set, or 70 days before the trial date, whichever is closer to the trial date. Code Civ. Proc. § 2034.220. Expert witness discovery closes fifteen days before the initial trial date. Code Civ. Proc. § 2024.030. Moti...

Excerpt: ...App.3d 593, 604.) Where a party has been previously granted leave to amend, the amendment may not extend beyond the scope of the court's prior permission. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) The allegations made in paragraphs 7 through 10, when read in conjunction with general allegations and breach of contract allegations within the first cause of action, are sufficient to allege a claim of breach of contract ag...

Excerpt: ...s, 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. The court cannot consider extrinsic evi...

Excerpt: ...y is entitled to a judgment as a matter of law”, disposing of the entire action. (Code of Civil Procedure section 437c(c).) This is compared to summary adjudication, which disposes of one or more causes of action. (Code of Civil Procedure section 437c(f)(1).) The analysis for both challenges is the same. There are a few essential points the court focuses on when reviewing such a dispositive motion. The first involves a review of the operative p...

Excerpt: ...ned. The court is unable to rule on objections nos. 1 (to Exhibit No. 3) and 2 (to Exhibit No. 4) as the plaintiff did not file any documents containing the objected to exhibits. 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 denied. In the current request, plaintiff appears to seek summary judgment as to both his complaint and the defendant'...

Excerpt: ...ion to strike require clarification here. A demurrer is brought to challenge the legal sufficiency of a pleading. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The analysis does not look to the truthfulness or accuracy of the allegations within the complaint. (Ibid.) The complaint is read to deem all material facts as true even if the truth of the facts seem improbable. (Gervase v. Superior Court (1995) 31 Cal.App.4th 1218, PLACER COUNTY S...

Excerpt: ...st for judicial notice is denied. Defendant William Palmer demurs to the fifth cause of action alleged in the first amended complaint. A party may demur to a complaint where the pleading does not state facts sufficient 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)...

Excerpt: ... overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Cal. R. Ct., rule 2.550(d). In her moving papers, Lubell unequivocally argues that the subject document, an email sent by counsel for plaintiffs and cross‐ defendants Kim Johnson and KD Johnson and Associates, to counsel for Lubell on or about June 28, 202...

Excerpt: ...n (collectively “Chambers”) move for summary adjudication as to the first cause of action for breach of contract, and fourth cause of action for declaratory relief, alleged in their cross‐complaint against cross‐defendants Richard H. Brown and RB Waterfronts, LLC (collectively “Brown”). A party may move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showin...

Excerpt: ...E HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR JANUARY 20, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 5 of 5 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 deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. St...

Excerpt: ...ons The motion is granted. The matters encompassed in defendant Terri Brodsky's request for admissions, set two, nos. 13 through 21 are deemed admitted as to plaintiff Justin Mendoza. Sanctions in the amount of $1,170.00 are imposed upon plaintiff Justin Mendoza. Defendant Terri Brodsky's Motion to Compel Special Interrogatories at to Plaintiff Justin Mendoza and Sanctions The motion is granted. Plaintiff Justin Mendoza shall provide verified res...

Excerpt: ... 20, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 5 Ruling on the Motion In the current request, plaintiff seeks summary judgment or summary adjudication against all defendants other than Kimberly Sheetz. 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 Civ. Proc., § 1170.7.) A ...

Excerpt: ...he class notice is adequate, and (3) certification of the class is proper. In re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389; Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 234‐235. “[I]f the proposed settlement appears to be the product of serious, informed, non‐collusive negotiations, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the ...

Excerpt: ...d with respect to the current motion. See Cal. R. Ct., rule 2.551. Accordingly, the court has not considered the unfiled and unredacted copies of the opposition or declaration of counsel in ruling on this motion. The clerk is directed to return the unredacted copies to Aizen's counsel. Plaintiffs and cross‐defendants seek leave of court to file an amended complaint, amended answer to cross‐complaint, and cross‐complaint. The court may permi...

Excerpt: ... seek to compel non‐party and counsel for defendants Damrell, Nelson, Schrimp, Pallios & Silva to produce documents falling under the attorney‐client privilege. Plaintiffs have not sufficiently shown a basis for production of these privileged documents nor have plaintiffs sufficient shown any waiver of the attorney‐client privilege by PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TE...

Excerpt: ...hat a less drastic sanction will not sufficiently address the discovery derelictions. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐ 797.) In light of the extreme effect of terminating sanctions, courts do not impose such a sanction lightly. The purpose of discovery sanctions is to prevent abuse of the discovery process and correct problems presented. (Do v. Superior Court (2003) 109 Cal.App.4th 1210, 1213‐1214.) It is not a weapon to prov...

Excerpt: ... Demurrer The demurrer is overruled. A demurrer is reviewed under well‐established principles. The sufficiency of the pleadings, not the truth of allegations or accuracy of the described conduct, is tested. (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Gomes v. Countrywide Home L...

Excerpt: ...Rulings Page 7 of 7 Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Ruling on Demurrer The demurrer is sustained with leave to amend. A complaint is subject to demurrer where it is brought by someone other than the real party in interest. (Pillsbury v. Karmgard (1994) 22 Cal.App.4th 743, 753‐754.) A trust is not a separate entity from a trustee, thusly an action cannot be...

Excerpt: ...y 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 court doe...

Excerpt: ...t 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 truth...

Excerpt: ...s: Objection Nos. 2, 8, 9, 11, 12, 13, 20, 23, 30, 31, 36, 41 and 45 are sustained. The remaining objections are overruled. Ruling on Motion Defendant and cross‐complainant Leopoldo Ayala, individually and as successor trustee of the Leopoldo Rodriguez and Ana Rosa Ayala 2013 Revocable Trust and as successor trustee of the Leopoldo R. Ayala Family Trust of July 14, 1993 (hereinafter “defendant”) moves for summary judgment, or in the alterna...

Excerpt: ...rt also determines petitioner's opposition is timely and shall consider the filing. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR JANUARY 6, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 7 of 10 Objections Petitioner's objections are sustained in their entirety. Ruling on Motion The motion is denied...

Excerpt: ...– DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 10 Ruling on Motion In the current request, plaintiff seeks $4,805.82 in costs/expenses and $80,430.00 in attorneys' fees under Civil Code section 1794(d). Plaintiff seeks the award as the prevailing party after accepting defendants' Code of Civil Procedure section 998 offer. Turning first to the costs and expenses sought by plaintiff, the request is granted in its en...

Excerpt: ...p.4th 1399, 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 moving party 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] p...

Excerpt: ...unction when it appears from the complaint that the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if the enjoined action were allowed to proceed. Code Civ. Proc. § 526(a). In making this determination, the court looks to (1) a balancing of the hardships of the parties and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. Baypoint Mortgage Corp. v. Crest Premiu...

Excerpt: ...ies”. Motions for reconsideration are restricted to circumstances where a party offers some fact or circumstance not previously considered, and some valid reason for not offering it earlier. Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500. A motion for reconsideration must be accompanied by an affidavit or declaration from the moving party which states what application was made previously, when and to what judge the application was made,...

Excerpt: ...rty has not exhausted less intrusive means of discovery. Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, 1287‐1288. When a plaintiff seeks to depose a corporate president or other official at the highest level of corporate management, and that official moves for a protective order to prohibit the deposition, the trial court should first 2 determine whether the plaintiff has shown good cause that the official has unique or ...

Excerpt: ... 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 court does...

Excerpt: ...d Dist. 2010) 189 Cal.App.4th 1399, 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. (2d Dist. 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. (199...

Excerpt: ... motion was heard. (Code Civ. Proc., § 1008, subd. (b); Hennigan v. White (3d Dist. 2011) 199 Cal.App.4th 395, 405.) Defendant has not set forth new or different facts, circumstances, or law that could not have been presented when the initial motion was heard. Motions for statutory relief from default must be made within six months. (Code Civ. Proc., § 473, subd. (b).) This time period is jurisdictional, and the court may not consider a motion ...

Excerpt: ... (f). 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 (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. No extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nels...

Excerpt: ...eply are sustained. Plaintiff moves for summary judgment with respect to her claim for breach of contract as alleged against defendant Ashley Sutton. 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). A plaintiff moving for summary judgment bears the initial burden of showing that there is no defense to her action, and sh...

Excerpt: ...ary judgment, or alternatively summary adjudication of each cause of action alleged against him by plaintiffs Angelica Amaya (“Amaya”) and California Renewable Energy Program, LLC (“CRE”), as well as the prayer for punitive damages. 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 summary j...

Excerpt: ...ants' Motion for Monetary Sanctions and Punitive Damages Defendants' motion for monetary sanctions and punitive damages against plaintiffs' counsel pursuant to Code of Civil Procedure section 128.5 is denied. Defendants do not demonstrate compliance with the safe harbor provisions of the statute. Code Civ. Proc. § 128.5(f)(B). The court does not find that plaintiffs' filing of a memorandum of costs in this action was done in bad faith, frivolous...

Excerpt: ...was issued on October 21, 2021, narrowing the scope to four (4) separate categories of records for conduct prior to May 30, 2019 related to minor J.W., who plaintiff alleges sexually assaulted her. The parent of J.W. again objects to the production of any documents. The documents sought here are student educational records, which are confidential under both federal and state law. (20 U.S.C section 1232g(b)(1); Education Code section 49076.) Absen...

Excerpt: ...he motion is denied. The trial court shall grant a motion for summary judgment if “all the papers submitted 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).) The moving party bears the initial burden of establishing that one or elements of a cause of action cannot be established or there is a complete defense to the cause o...

Excerpt: ...leading in the furtherance of justice and on such terms as may be just. Code Civ. Proc. §§ 473(a)(1), 576. Leave to amend is generally exercised liberally so long as there is no showing of prejudice to the opposing party. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428; Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158. Courts must apply a policy of great liberality in permitting amendments to the complaint “at any stag...

Excerpt: ...curred on November 2, 2021. Defendants failed to appear at trial, which according to the minutes proceeded in defendants' absence at 11:39 a.m. The current motion was filed on December 1, 2021. 2 Defendants note a family court hearing scheduled during the same time as the unlawful detainer trial. Defendants had previously requested permission to appear by video at the trial because of the conflicting hearings. Notably, defendants did not request ...

Excerpt: ...s and telephone number, as well as the next hearing dates set in the matter. Motion to Compel Arbitration Defendants move to compel arbitration. The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. Under both federal and state la...

Excerpt: ...s exist to obtain the information than to depose opposing counsel; (2) the information sought is relevant and not privileged; (3) the information is crucial to the preparation of the case.” 5 Spectra‐Physics, Inc. v. Superior Court (1988) 198 Cal.App.3d 1487, 1494. This standard has also been applied when the attorney to be deposed is a former opposition counsel. Nemirofsky v. Seok Ki Kim (N.D. Cal. 2007) 523 F.Supp.2d 998. Although not bindi...

Excerpt: ...s 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. Defendant argues that the 60‐day notice attached to the complaint fails to comply with the California Tenant Protection Act of 2019 (“TPA”). Defendant is correct that the 60‐ day notice fails to comply with the requirements of Civil Code section 1946.2, which contrary to plaintiffs' arguments was in effec...

Excerpt: ...established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfie...

Excerpt: ...moving for summary judgment bear the burden of persuasion that one or more elements of the causes of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield 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 op...

Excerpt: ...d it is entitled to judgment in its favor. Code Civ. Proc. § 437c(p)(1); Aguilar v. Atlantic Richfield 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 alleges claims of breach of contra...

Excerpt: ...inst defendant. Nor can it be read that the alter ego allegations are applicable to other causes of action as the moving defendant is only named in the fifth causes of action. In light of these deficiencies, the demurrer is sustained in its entirety. A second amended complaint may be filed and served by December 17, 2021. Defendant Kara Schacke's Motion to Strike the First Amended Complaint (FAC) The motion is granted without leave to amend. A mo...

Excerpt: ...sufficiency of the pleading, not the truth of the allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 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 reviews the FAC‐C keeping these principles in mind. Turning to the second cause of action, a breach ...

Excerpt: ... of the court. (Code of Civil Procedure section 436(a),(b).) In this instance, defendants seek to strike the prayer for damages and attorneys' fees alleged against them, asserting these allegations are improper since the claims against them do not warrant such relief. The court agrees. A review of the complaint shows the causes of action alleged against defendants include cancellation of instrument; PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LA...

Excerpt: ... a reasonable belief that she would prevail on the issue of plaintiff's injuries when defendant denied RFAs nos. 9 and 18. Defendant, however, has not made a sufficient showing to support such a finding. To the extent defendant relied on the expert opinion of Dr. Peter Sfakianos, the evidence presented to the court shows Dr. Sfakianos identified soft tissue injury as a result of the collision. In light of this evidence, it was not reasonable for ...

Excerpt: ...there is a complete defense to the cause of action. (Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary adjudication, the trial court must view the supporting evidence, and inferences reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Company ...

Excerpt: ...y; (2) the diligence or lack of diligence in seeking discovery and the reasons discovery was not completed; (3) any likelihood that permitting the reopening of discovery would interfere with the currently set trial date; and (4) the length of time that has elapsed between the prior trial date and the currently set trial date. (Code of Civil Procedure section 2024.050.) In this instance, the moving party has not made a sufficient showing to suppor...

Excerpt: ...laration of Kristian Knapp, the court has also considered the untimely declaration in ruling on this motion. Moving defendants seek a protective order in response to plaintiff's demand for inspection of the gymnasium and cafeteria, and plaintiff's separate demand served on codefendant ShowBiz Event Lighting (“ShowBiz”) for inspection of certain identified sound equipment. Moving defendants ask that the inspection be limited to a weekday, betw...

Excerpt: ...ber 15, 2021, and October 20, 2021, due to the death of her father. In opposition to defendant's motion, plaintiff submitted photographs taken by defendant's neighbor supporting plaintiff's argument that defendant was in fact present at the subject residence during the aforementioned time period, including the date of service. Because the opposition was not timely processed in advance of the originally scheduled hearing date, the hearing was cont...

Excerpt: ...42. A proof of service filed October 1, 2021, states that defendant was served by personal service with an order to appear for examination and civil subpoena duces tecum on August 16, 2021, at 8:00 a.m., at 9790 King Road, Loomis, California, which is judgment debtor's residence. In support of the motion, the registered process server who purportedly effectuated service also submits a declaration with additional details regarding the service. The...

Excerpt: ...lender's motion and issued an order requiring Hart to serve responses to the subject discovery on or before September 17, 2021. The court also imposed sanctions on Hart in the amount of $700. Hart did not comply with the court's order requiring service of responses by September 17, 2021. Plaintiff's counsel attempted to meet and confer with Hart on September 23, 2021, and September 27, 2021. Hart indicated that she did not feel safe disclosing an...

Excerpt: ... Petitioner's objections. Petitioner testified on August 15, 2020, he was parked on the right side of the road, not blocking traffic, on his phone for about 15 to 18 minutes when contacted by Officer Wahl. (AR 113:19– 20; 114:2–10.) Officer Wahl wanted to take a breathalyzer, and when Petitioner said he wanted to speak to a lawyer, Officer Wahl arrested Petitioner. (AR 124:24–25; AR 125:9–12.) At the CHP office, Officer Wahl told Petition...

Excerpt: ... either category. There is nothing within the request to establish the document comes from the LWDA records, so it does not qualify as an official record under Evidence Code section 452(c). Nor can it be determined the contents of the letter are undisputed. Indeed, defendant's current challenge raises a dispute over the interpretation of the contents of the letter. Defendant's citations to unpublished federal cases to support judicial notice of t...

Excerpt: ...t are brought primarily to chill the valid exercise of a party's constitutional right of petition or free speech. Code Civ. Proc. § 425.16(a); see also Sylmar Air Conditioning v. Pueblo Contracting Svcs., Inc. (2004) 122 Cal.App.4th 1049, 1055‐1056. In determining whether an action or claim is a SLAPP suit subject to a special motion to strike, the court evaluates first whether the claim arises out of the defendant's protected speech or petiti...