Excerpt: ...ll 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).) A party to the acton may also 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).) The moving party bears the initial burden of establishing that one or m...

Excerpt: ...ith attempt to resolve the issue informally. (Code Civ. Proc., SS 2030.300, subd. (b)(l), 2015.040; Local Rule 20.2.1.) While plaintiffs present evidence of their attempts to meet and confer leading up to the filing of the instant motion, defendant submitted a responsive meet and confer letter after the moving papers were filed indicating a willingness to further meet and confer and a willingness to provide further responses upon the execution of...

Excerpt: ...ct. (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) 38 Cal.4th 1, 6.) The court may only refer to matters outside the pleading that are s...

Excerpt: ...ponses to interrogatories are not mandatory where there is no opposition to the motion. (Code of Civil Procedure section 2030.290(c).) It is true that there are no meet and confer requirements to grant a motion for initial responses. Nonetheless, it seems to this court that a party filing multiple discovery motions against an opposing party who is active in the litigation should demonstrate attempts to informally resolve discovery disputes when s...

Excerpt: ...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, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 503.) A review of the first, second, third, and fourth causes of ...

Excerpt: ...ructural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 503.) The complaint is reviewed keeping this in mind. First Cause of Action — Constructive Fraud Plaintiff's first cause of achon alleges a claim for constructive fraud. This ty...

Excerpt: ...s matter and denies plaintiff's motion to strike the untimely filing. The parties are on notice the court expects their compliance with the Code of Civil Procedure and the California Rules of Court, and any future untimely filings will be stricken by the court. Plaintiff's request for judicial notce is granted. Defendant's request for judicial notice is granted. Defendant's objection to the instant motion is overruled. Ruling on the Mohon The cou...

Excerpt: ...ve for summary judgment or, in the alternative, summary adjudication to all remaining causes of action in the second amended complaint. Evidentiary Rulings Plaintiff's request for judicial notice is granted. Plaintiff's objection number one is sustained as to the entirety of defendants' separate statement. Plaintiff's objections are otherwise overruled. 3 Ruling on the Motion The motion is denied. Defendants' moving papers failed to include admis...

Excerpt: ...lso demur in an achon founded upon contract if it cannot be ascertained from the pleading whether the contract is written, oral, or implied by conduct. (ld. at subd. 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. W...

Excerpt: .... (c), (e), (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.) However, the court does not assume the truth of contentions, deductions, or co...

Excerpt: ...aining to dismissed defendant Hudson Insurance Co., to omit the cause of action under Vehicle Code section 11711, and to add additional causes of action against Exclusive for violations of the Consumer Legal Remedies Act, violation of the unfair Competition Law, fraudulent misrepresentation, concealment, and negligent misrepresentation. Exclusive opposes the motion. The court may permit a party to amend a pleading in the furtherance of justice an...

Excerpt: ...ement is (1) fair and reasonable, (2) the 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.) Further, the court reviews the moving papers along with the entirety of the court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA-related statute. (Lab. Code, S 2699(1); CYConnor v. Uber Tech...

Excerpt: ...l other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto." (Code Civ. Proc., S 128, subd. "Code of Civil Procedure section 128, subdivision (a)(5) gives courts the power to order a lawyer's disqualification. [Citation.]" (DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 831— 32, citation omitted.) A disqualification motion addresses a conflict between a party's right to choose...

Excerpt: ...the motion. Thusly, the court will proceed to hear the merits of the motion, taking into consideration arguments made in the supplemental briefing along with the allegations in the FAC. Ruling on Motion The motion is granted. Generally, there must be an action #nding before a court prior to a party recording a lis pendens against a property. (Code of Civil Procedure sections 405.20, 22.) Said another 9 way, a lis pendens notice may only be record...

Excerpt: ... as to Exhibit B. Ruling on Motion The motion is denied. In the current request, Nissan NA seeks to compel arbitration, invoking both the FAA and the CAA, between ftself and plaintiff pursuant to an arbitration provision included in the retail installment sales contract (RISC) executed by plaintiff and Future Nissan Inc. A defendant seeking to compel arbitration under the FAA bears the burden of establishing the applicability of the FAA along wit...

Excerpt: ... Motion In the current challenge, defendants Brian Peters and SCS-CA seek either summary judgment or summary adjudication as to the claims alleged against them in the complaint. They argue each cause of action is barred under the doctrine of judicial estoppel. The trial court shall grant a moton 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 judgm...

Excerpt: ...ions may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (21%3) 113 Cal.App.4th 597, 603.) The complaint is reviewed keeping this in mind. As to the fifth, sixth, and seventh causes of action, the allegations within the compla...

Excerpt: ...arty bears the initial burden of establishing each element of the cause of achon entitling them to judgment as a matter of law. (ld. subds. (f)(l), Only if this initial burden is met will the burden shift to the opposing party to establish a triable issue of material fact. (ld. subd. (p)(l).) In reviewing a motion for summary adjudication, the court must view the supporting evidence and all reasonable inferences drawn from the evidence in the lig...

Excerpt: ...lling plaintiff to fulfill her discovery obligations and respond to the propounded written discovery. The first three discovery motions were heard on February 23, 2023. At that time, the court did not impose any form of sanctions but did admonish plaintiff that sanctions could be awarded in the future if plaintiff failed to comply with her discovery obligations. Plaintiff still would not comply with her discovery obligations or the court's three ...

Excerpt: ...production of documents must be served within 45 days of the service of the response, unless the parties have agreed in writing to extend this period. (Code Civ. Proc., S 2031.310, subd. The time limit is jurisdictional, and the court has no authority to rule on an untimely motion to compel furthers other than to deny it. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Plaintiffs provide evidence of a purported extension in a March 9...

Excerpt: ...rt on its own motion takes judicial notice of the first amended complaint filed November 5, 2021. Plaintiff's opposition was untimely filed. Civ. Proc„ S 437c, subd. The court exercises its discretion to consider all briefing submitted in this motion, including the untimely opposition and related documents. Defendant's objections are overruled in their entirety. Ruling on the Moton A party is entitled to bring a motion for summary judgment wher...

Excerpt: ...nduct. (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) 38 Cal.4th 1, 6.) The court may only refer to matters outside the pleading that ar...

Excerpt: ...rment in value. The court denied plaintiff's prior ex parte application for this relief but issued a temporary protective order and scheduled this hearing. Preliminary Matters Plaintiff submitted new evidence with fts reply brief to which defendant has not had the opportunity to respond. The court exercises its discretion and considers all briefing in this matter. The court issued a temporary protective order on July 20, 2023 to become effective ...

Excerpt: ... (SAC) also identifies Sutter Valley Hospital dba Sutter Medical Center [there is also a reference to "Sutter Medical Center, Sacramento" in the SAC] as a defendant in the action. This defendant has not filed an answer to the SAC nor does it join in the current motion. With this clarification, the court proceeds to review the substance of the pending challenge. Rulings on Objections Plaintiff's objections are overruled in their entirety. Defendan...

Excerpt: ...ion were allowed to proceed. (Code Civ. Proc., S 526, subd. (a).) In making this determination, "the court must consider whether the party seeking the injunction is likely to prevail on the merits" and balances the relative harm to the parties. (Mitsui Manufacturers Bank v. Texas Commerce Bank-Ford Worth (1984) 159 Cal.App.3d 1051, 1059.) The plaintiff has the burden of show-ng they would be harmed without a preliminary injunction. (Casmalia Reso...