Excerpt: ...pecial motions to strike, three demurrers to the complaint, one moton to strike portions of the complaint, and plaintiffs' motion to remove the case to federal court. Defendants' request for judicial notice is granted. The moton is denied. A motion for reconsideration requires a showing by affidavit of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (...

Excerpt: ... 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 (20436) 38 Cal.4th 1, 6.) Th...

Excerpt: ... 752-753; Ruth v. Kizer (1992) 8 Cal.App.4th 380, 385.) Said another way, the court reconsiders the evidence presented and makes its own independent findings. (Ibid.) There is a strong presumption of correctness concerning the administrative findings and the party challenging the decision has the burden of showing the findings are contrary to the weight of the evidence. (Norasingh, supra.) Moreover, an agency's interpretation of its regulations a...

Excerpt: ...roup v. Drexler (2CM) 22 Cal.4th 1084, 1095; Serrano v. Priest (Serrano Ill) (1977) 20 Cal.3d 25, 48-49.) "The reasonable hourly rate is that prevailing in the community for similar work." (P LCM Group v. Drexler (201%) 22 Cal .4th 1084, 1095 The court has carefully reviewed the billing statements, taking into consideration the hourly rates for comparable work conducted during the same period of time for other similar cases within Placer County, ...

Excerpt: ...3, subdivision (b). (Code Civ. Proc. § 473, subd. (b).) The default entered against cross-defendant Lube Buster, Inc. on June 27, 2023, as to cross- complainant Adel Abdo's cross-complaint is set aside. The default entered against cross-defendant Lube Buster, Inc. on June 28, 2023, as to cross-complainant Mahmoud Nassif 's cross-complaint is set aside. The court declines to consider the request to set aside default judgment as no default judgmen...

Excerpt: ...hen "an application for relief is made no more than six months after entry of judgment ... and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Civ. Proc. S 473, subd. (b).) Further, the motion must include a copy of the answer or other proposed pleading to be filed. (Ibid.) If an applicant meets the requirements for the mandatory relief provision, the court must relieve the ap...

Excerpt: ...ice is granted pursuant to Evidence Code section 452(d) to the extent the dtNuments presented are filed documents in the court's file. The court dæs not accept as true the allegations contained within several of those court filings. Plaintiff's request to present oral testimony pursuant to California Rules of Court rule 3.1306 is denied as the request is not supported by good cause. 7 Defendant's opposition was untimely filed without explanation...

Excerpt: ...The court now considers consolidation of the consolidated unlawful detainer matter, SCV-[n50143, with the breach of contract case, In the breach of contract case, plaintiff's complaint alleges (1) breach of lease, (2) and (3) breach of guaranty, and (4) foreclosure of deed of trust. Plaintiff subsequently dismissed the fourth cause of action. Defendant filed a cross-complaint alleging (1) declaratory relief, (2) injunctive relief, (3) breach of c...

Excerpt: ...e of action. (Code Civ. Proc. S 430.10, subd. (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, 504.) However, the court does not assume the truth...

Excerpt: .... at subd. (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations orthe accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The 16 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 c...

Excerpt: ...amount is fixed or readily ascertainable not less than $500. (Code Civ. Proc., S 483.010, subd. (a).) Ascertainable damages must be measurable by the contract or 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.) "A claim has 'probable validity' where it is more 15 likely than not that the plaintiff will o...

Excerpt: ...the related unlawful detainer action. Actions involving common questions of law or fact pending in the same court may be consolidated into a single case. (Code of Civil Procedure section 1048(a).) However, unlawful detainer actions are summary proceedings with expedited timelines. (Martin-Bragg v. Moore (2013) 219 Cal.App.4th 357, 385.) The issues raised in such actons are generally limited in scope to possession of the property. (Ibid.) Plaintif...

Excerpt: ...ng (1) breach of contract, (2) fraud, (3) cancellation of instrument, (4) partition, and (5) intentional interference with contract. Young's request for judicial notice is granted. The court may order consolidation of actions involving a common question of law or fact. Civ. Proc., S 1048, subd. (a).) "[T]itle issues generally cannot be raised in unlawful detainer actions. [Citation.)" (Struiksma v. Ocwen Loan Servicing, LLC (2021) 66 Cal.App.5th ...

Excerpt: ...mmary adjudication is reviewed under well established principles. A party to the action may move for summary adjudication that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) A plaintiff seeking summary adjudication bears the initial burden of establishing each element of the cause of action of acton. (ld. at 437c(p)(1).) Only when this initial burden is met does the burden sh...

Excerpt: ...re 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 cross-complaint is reviewed keeping this in mind. Initially, cross- complainant concedes the fourth and fifth causes of action are deficiently pleaded. The court sustains the demurrer as to these claims. Looking at the first, second, and third causes of action, all three are sufficiently plead...

Excerpt: ... Process re Dr. Bergeson $0,395.00 Item 14— Electronic Filing/service Fees Incurred After July 30, 2021 $0,101.03 TOTAL $3,068.97 Plaintiff's memorandum of costs, filed on August 10, 2023, is taxed by $3,068.97. Plaintiff is awarded $14,092.59. Plaintiff Lachlynn Lusk's Motion to Tax Costs The motion is granted in part. The current request involves a challenge to the recovery of costs after the tender of a viable Code of Civil Procedure section...

Excerpt: ...e secton 452. Plaintiff's request for judicial notice is granted overthe objection of defendant. Ruling on Objections Defendant's objections are overruled in their entirety. Ruling on Motion In the current request, defendant seeks either entry of summary judgment against the entirety of the complaint or summary adjudication as to each of the seven causes of action alleged in the complaint. A motion for summary judgment may be granted if "all the ...

Excerpt: ...party seller, but not defendant manufacturer. The warranty book is not signed by any party. On June 28, 2022, the court granted defendant's motion and compelled the matter to arbitration. In so ruling, the court found defendant was a thirdparty beneficiary of the RISC and defendant could therefore enforce the arbitration provision therein. Similarly, as to the warranty book, the court found plaintiff's claims against defendant relate directly to ...

Excerpt: ...f will prevail in the litigation. (Code Civ. Proc. S 391.1(a).) "Security" means an undertaking to assure payment to the party for whose benefit the undertaking is required to be furnished or the party's reasonable expenses including attorneys' fees. (Code Civ. Proc. S 391(c).) Plaintiff has been declared a vexatious litigant. (Declaration of Rachel D. Hamilton, 92, Exh. A.) Plaintiff was declared a vexatious litigant on April 26, 2021, based on ...

Excerpt: ...is on which to rule on such a motion. Judgment creditor's request for judicial notce is granted. The unopposed motion is granted. (Code Civ. Proc., SS 708.020, 2030.290.) Judgment debtor is ordered to provide responses, without objections, to judgment creditor's interrogatories set one within 21 days of service of notice of this order. Judgment creditor's request for sanctions is denied as the motion was unopposed and judgment creditor failed to ...

Excerpt: ...aintiffs' objection number 3 to portions of the declaration of Bryan Kreft is sustained. Plaintiffs' objections are otherwise overruled. Plaintiffs' motion for trial preference is granted. The court finds plaintiff Nan Shaw is over 70 years of age, has a substantial interest in the action as a whole, and her health is such that preference is necessary to prevent prejudicing her interest in the litigation. (Code Civ. Proc., S 36, subd. (a).) While...

Excerpt: ...ot state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (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 tru...

Excerpt: ...onsidered the information therein. A party may demur where the court has no jurisdiction of the subject of the cause of 11 action alleged in the pleading. (Code Civ. Proc. S 430.10, subd. (a).) 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 improbab...

Excerpt: ...ority to amend a judgment to include additional non-party judgment debtors under an alter ego theory. (Curci Investment, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 222.) This is true even where the judgment is based upon a summary judgment motion. (see Down Jones Co., Inc. v. Avenel (1984) 151 Cal.App.3d 144, 148-149.) Nonetheless, the judgment creditor must make a show-ng, by a preponderance of the evidence, that the nonparty alter ego entity con...

Excerpt: ...swer on September 2, 2022. The court requests County of Placer Office of Education to provide an endorsed filed copy of their answer to the court by p.m. on October 3, 2023. The court apologizes for the inconvenience and thanks the County of Placer Office of Education for its cooperation. Ruling on Motion Plaintiff's unopposed motion to seal is granted. Court records are presumed to be open to the public unless confidentiality is required by law....