Excerpt: ... The judgment conforms to the court's prior verdict and order filed May 27, 2022. Defendants includes both procedural and substantive arguments. The primary procedural argument is that the court did not issue a required statement of decision. The verdict and decision of the court is, in substance, a statement of decision. Although a statement of decision is not required unless timely requested (see C.C.P. § 632), the court may nevertheless prepa...

Excerpt: ...ations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 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.) 8 D...

Excerpt: ... is sustained. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or when the complaint is uncertain. (Code Civ. Proc. § 430.10, subds. (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 (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matte...

Excerpt: ...further disclosure of such designated documents to individuals outside of the litigation. A party responding to discovery or “any other party or affected person” may promptly move for a protective order. (Code Civ. Proc., § 2031.060, subd. (a).) Upon a showing of good cause, the court “may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression,” and may include a...

Excerpt: ...tice in support of the reply were untimely filed. The court exercises its discretion to consider the untimely reply brief. The request for judicial notice in support of the reply, however, is denied as it introduces new evidence to which Ms. Chandler has not had the opportunity to respond. 5 Ruling on the Motion The Saegers' demurrer is overruled in its entirety. A party may demur where the pleading does not state facts sufficient to constitute a...

Excerpt: ...on. See Jones v. Kmart Corp. (1998) 17 Cal.4th 329. 6 A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action or when the pleading is uncertain. Code Civ. Proc. § 430.10(e) & (f). 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 assu...

Excerpt: ...tiff initially alleges she learned shortly after the 2005 purchase of the Oakbridge property that defendant and decedent obtained a loan to cover a portion of their $500,000 deposit. (SAC ¶¶16‐18, 20, 21, 26, 27.) However, plaintiff goes on to allege she did not learn of their failure to deposit the $500,000 into the escrow account until the filing of the original complaint in 2020. (SAC ¶40.) These conflicting allegations are insufficient t...

Excerpt: ...ded within five years from institution of the proceeding. An insured formally institutes arbitration proceedings by notification in writing sent to the insurer by certified mail. (Ins. Code § 11580.2(i)(1)(C); Santangelo v. Allstate Ins. Co. (1998) 65 Cal.App.4th 804, 811‐812.) In this case, the parties agree that claimant instituted arbitration proceedings on March 14, 2017. The parties both assert that the deadline to conclude arbitration pr...

Excerpt: ... action pursuant to Code of Civil Procedure section 187. ABC obtained a judgment against SPC, Kevin Hengl and Stephanie Hengl on December 22, 2020. Plaintiff is unable to collect the judgment from SPC, which was apparently shut down by Kevin Hengl prior to this litigation commencing. Kevin Hengl and Stephanie Hengl both obtained a bankruptcy discharge after judgment was entered. ABC submits evidence supporting the conclusion that Kevin Hengl, the...

Excerpt: ...ting “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.” Defendants present evidence plaintiff failed to submit responses by October 14, 2022 or by the date the instant motion was filed. Defendants further present evidence plaintiff did not respond to meet and confer efforts, both prior to the motion to compel and the instant motion....

Excerpt: ...f Steven Alves seeks summary adjudication as to his first cause of action for breach of contract and second cause of action for misappropriation of trade secrets. A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defen...

Excerpt: ...d to permit them to retain counsel and submit their formal opposition to the application for right to attach order. The court granted relief August 30, 2022; however, defendants later filed a notice of stay showing they had sought bankruptcy relief August 23, 2022, prior to the date the court granted the RTAO. The bankruptcy was later dismissed; plaintiff applied ex parte for issuance of the RTAO; the court set this matter for hearing, with a sch...

Excerpt: ..., litigation is an adversarial process. Nonetheless, “it is vital to the integrity of our adversary legal process that attorneys strive to maintain the highest standards of ethics, civility, and professionalism in the practice of law.” (People v. Chong (1999) 76 Cal.App.4th 232, 243.) Civility and courtesy are expectations of the legal profession, they are not weaknesses. “As officers of the court with responsibilities to the administration...

Excerpt: ...order consolidation of actions involving a common question of law or fact. (Code Civ. Proc., § 1048, subd. (a).) Here, both matters involve the same real property known as 8021 Eagle View Lane, Granite Bay, CA 95746. Tucker contends she is entitled to continued possession of the premises as equitable or legal owner of the subject property by virtue of her having been deemed the last and highest bidder as a statutorily eligible tenant buyer under...

Excerpt: ...r by the opposing party. Plaintiffs rely on Weiler v. Marcus & Millichap Real Estate Investment Services, Inc. (2018) 22 Cal.App.5th 970 for the proposition that when a party is unable to afford to continue arbitration, that party may seek relief from the superior court. However, the Weiler case involved a party who had engaged in arbitration in good faith for years. Plaintiffs present no evidence they have engaged in arbitration. Plaintiffs pres...

Excerpt: ...motion for summary judgment where there are no triable issues of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the oppo...

Excerpt: ...aration in support of motion for preliminary injunction was filed on June 25, 2020 and Andrew R. Cassano's declaration was filed August 10, 2020, but not as to the truth of the assertions contained therein. Plaintiff's objection number 21 is sustained. Plaintiff's objections are otherwise overruled. As plaintiff correctly points out, defendant's responses to plaintiff's SSUMF and defendant's SSDMF are not formatted correctly. (Cal. Rules of Court...

Excerpt: ...f Steven Alves seeks summary adjudication as to his first cause of action for breach of contract and second cause of action for misappropriation of trade secrets. A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defen...

Excerpt: ...he commencement and prosecution of such action" are recoverable by a prevailing plaintiff. Defendants oppose the requested fees and costs and expenses. In the current request, plaintiff seeks $440,677.00 in attorney fees plus a .5 enhancement multiplier of $220,368.50, plus costs and expenses of $47,760.39, totaling $708,775.89. 4 Determination of reasonable fees begins with the lodestar method where in the court determines the number of hours re...

Excerpt: ...e of action or when the complaint is uncertain. (Code Civ. Proc. § 430.10, subds. (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 (6th Dist. 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. (2d Dist. 1981) 123 Cal.A...

Excerpt: ...ic 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. Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at 850. Plaintiff submits admissible evidence which establishes the existence of a wri...

Excerpt: ...erson (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 conclusions of facts or law. Id. A demurrer for uncertainty is ap...

Excerpt: ...he 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 4 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. A plaintiff need not plead facts with specificity where th...

Excerpt: ...tions of the complaint is dropped as moot. Subsequent to filing the motion to strike, an amended complaint was filed which appears to recast the allegations of the complaint and add at least one additional defendant. The court also notes that this matter was automatically stayed by defendant's vexatious litigant motion, infra, by operation of C.C.P. § 391.6. 9 Vexatious litigant motion Defendant Cynthia Woodburn moves to deem plaintiff Davood Kh...

Excerpt: ...here the pleading does not state facts sufficient to constitute a cause of action or when the pleading is uncertain. Code Civ. Proc. §§ 430.10(e) & (f). 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...

Excerpt: ...ial. The case proceeded as a jury trial with the jury rendering its verdict in favor of plaintiff on October 19, 2022. The notice of entry of judgment was served by mail to both parties on the same date. On November 2, 2022, defendant filed a notice of intent to move for new trial, as well as a motion for judgment notwithstanding the verdict. The proof of service attached to the notice of motion/notice of intent attested that counsel for plaintif...

Excerpt: ...iled October 11, 2022. The memorandum of costs states total costs in the amount of $210,246.38. “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary.” (Ladas v. Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774.) Alternatively, where items are properly put in issue by objection, the burden of proof is on the party claiming the...

Excerpt: ...ospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d 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 ar...

Excerpt: ...t adding several causes of action, two defendants, and many additional facts. The court may permit a party to amend a pleading 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 provided there is no showing of prejudice to the opposing party. (Howard v. County of San Diego (4th Dist. 2010) 184 Cal.App.4th 1422, 1428; Douglas v. Superior Court (4th...

Excerpt: ...ions or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) An unlawful detainer complaint must be verified. (Code Civ. Proc., § 1166(a)(1).) Here, defendant contends the first amended complaint is not verified by a party...

Excerpt: ...ill be served by the severance of the fourth, fifth, or sixth causes of action in the FACC. There has also been an insufficient showing of prejudice to warrant a severance of these causes of action. The court also finds the convenience of the parties and ends of justice support hearing these claims with the remainder of the litigation pending in Placer County. Plaintiffs'/Cross‐Defendants' (Plaintiffs') Demurrer to the First Amended Cross‐Com...

Excerpt: ...he court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA‐related statute. (Labor Code section 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable, and adequate. (Ibid.) The court has carefully reviewed and considered the joint stipulation regarding c...

Excerpt: ...he court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA‐related statute. (Labor Code section 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable, and adequate. (Ibid.) The court has carefully reviewed and considered the settlement agreement and rele...

Excerpt: ...other parties to the action at least 75 days before the time appointed for the hearing. (Code Civ. Proc., § 437c, subd. (a)(2).) Defendants' motion is not supported by sufficient notice. Accordingly, Vincent Procopio and Joe Procopio's motion for summary judgment is denied; Vincent Procopio and Joe Procopio's motion for summary adjudication is denied. 3 Defendant John Procopio's Motion for Summary Judgment or, in the Alternative, Summary Adjudic...

Excerpt: ...arte applications seeking the same relief, which relief was denied on October 19, 2022, November 2, 2022, and November 7, 2022. Plaintiff's second ex parte application was identical to the first ex parte application. Plaintiff's third ex parte application contained additional information. However, the third ex parte application was denied as it presented a motion for reconsideration without compliance with the requirements of Code of Civil Proced...

Excerpt: ...he Los Lagos community in Granite Bay; and (4) an order prohibiting attorney Meister from entering PCI's building during the pendency of these proceedings. For the reasons set forth below, the court grants the motion in part. During the pendency of this action, counsel for plaintiff shall be prohibited from contacting defendants directly other than through defendants' counsel of record. The motion is otherwise denied. The motion before the court ...

Excerpt: ... medical negligence claim. Because mere duplication of claims is not a basis to sustain a demurrer, the demurrer is overruled. Blickman Turkus LP v. MF Downtown Sunnyvale LLC (2008) 162 Cal.App.4th 858, 890. Sean Selig's claim for negligent infliction of emotional distress is insufficiently pleaded. The allegations in the first amended complaint regarding Dr. Nelson are very few, including that she is a medical doctor (¶¶ 7‐8), that she began...

Excerpt: ...ers and argument should be limited to responding to the tentative ruling or highlighting argument from the papers. Motion for Award of Attorneys' Fees on Appeal Plaintiff and petitioner Miner's Camp filed a petition for writ of mandate and complaint for declaratory relief and restitution. Following a hearing on the petition, the court issued the peremptory writ of mandate. Subsequently, the court granted in part petitioner's motion for attorneys'...

Excerpt: ... in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 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.) Plaintiff's complaint alleges the Tenant Protection Act of 2019 (“TPA”) applies to the premises. (Complaint ¶ 7b.) Plaintiff'...

Excerpt: ...hould be limited to responding to the tentative ruling or highlighting argument from the papers. Relevant Procedural History During post‐judgment enforcement discovery, the court previously ordered sanctions against judgment debtor and/or judgment debtor's counsel for failing to meet and confer on August 29, 2019 (sanctions of $1,500), November 19, 2019 (sanctions of $1,482), and February 14, 2020 (sanctions of $1,245). The three sanctions awar...

Excerpt: ...t appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. § 438(d). As with a demurrer, the court must assume the truth of the factual allegations of the complaint. Wise v. Pac. Gas & Electric Co. (2005) 132 Cal.App.4th 725, 738. The motion is denied with respect to the first cause of action for breach of contract, the third cause of action for quantum meruit, and the tenth cause of action...

Excerpt: ...ainst her in a prior Placer County case, S‐CV‐0048033. Between them, defendants filed two special motions to strike. Pocklington and AREG's Special Motion to Strike Pursuant to Code of Civil Procedure section 425.16 On its own motion, the court takes judicial notice of the court's file in related matter SCV‐0048033. A motion brought under Code of Civil Procedure section 425.16, also known as an antiSLAPP motion, is a procedural remedy desig...

Excerpt: ...rts, LLC (hereinafter, “Alpha”) and Sierra Central Credit Union (hereinafter, “Sierra Central”) pursuant to Code of Civil Procedure sections 1281.97 and 1281.99. Code of Civil Procedure section 1281.97(a) states: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration administrator, the drafting party to pay certain fees and costs before the ar...

Excerpt: ...ses or where breach occurs, or where the principal place of business is located. Code of Civil Procedure § 395.5. In support of the motion, Balboa relies cites to a portion of its contract with plaintiff and arguments concerning the nature of the claims and its role in the facts giving rise to the complaint. Balboa's reliance on the contract language is unavailing. The language cited includes an agreement that the subject contract is "deemed to ...

Excerpt: ...e no triable issues of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of mate...

Excerpt: ....40. The notice of motion does not indicate the amount of costs sought as required. (Code Civ. Proc., § 685.080, subd. (b).) The court requested supplemental briefing on the effect of a defective notice. Judgment creditors contend an omission in a notice may be overlooked if the supporting papers make clear the relief sought. (Luxury Asset Lending LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894; Luri v. Greenwald (2003) 10...

Excerpt: ...iency of punitive damages allegations. (see Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) Punitive damages may be asserted where there are allegations of oppression, fraud, or malice. “Oppression”, for the purposes of seeking punitive damages, refers to despicable conduct that subject a person to cruel and unjust hardship in conscious disregard of that person's rights. (Civil Code section 3294(c)(2).) “Frau...

Excerpt: ...es allegations and prayer alleged in relation to plaintiff's claim for defamation. A review of the allegations in the complaint show they are sufficient to plead the malice necessary to support punitive damages related to the defamatory statements. Defendants shall file and serve the answer or general denial by December 2, 2022. Defendants' Anti‐SLAPP Motion Ruling on Request for Judicial Notice Defendants' request for judicial notice is grante...

Excerpt: ... September 8, 2021. On or about November 8, 2021, Commissioner Holley issued a decision finding in favor of respondent, and dissolving the temporary restraining order. Larson filed and served a Notice of Entry of Judgment or Order with respect to Commissioner Holley's decision on November 29, 2021. Larson subsequently moved for attorneys' fees as the prevailing party. Commissioner Holley heard Larson's motion for attorneys' fees on January 20, 20...

Excerpt: ... factors: (1) balancing of the hardships of the parties and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999‐1000; Robbins v. Superior Court (1985) 38 Cal.3d 199.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, ...