Excerpt: ...b 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 (2003) 113 Cal.App.4th 597, 503.) The court reviews the complaint keeping this in mind. First Cause of Action — Invasion of Privacy The invasion of privacy claim here is based upon the alleged...

Excerpt: ...79 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 of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 5.) The court will not assume the truth of any allegations contradicted by judicially noticeable facts....

Excerpt: ...Code Civ. Proc. S 430.10, subds. (e), (f).) 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 true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. ...

Excerpt: ...gations 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 (2003) 113 Cal.App.4th 597, 603.) The FAC in this instance is contradictory, disjointed, and diffcult to comprehend. Plaintiff appears to have removed viable claims f...

Excerpt: ...ling the record, (3) a substantial probability that the overriding interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no less restrictve means to achieve the overriding interest. (Calfornia Rules of Court, Rule 2.550(d).) Defendant identifies two areas of confidentiality, namely, excerpts of plaintiff's medical records from Sutter Roseville Medical Center and Associates i...

Excerpt: ...t does not state sufficient facts to constitute a cause of acton. (Code of Civil Procedure secton 438(c)(1)(B)(ii).) The moton has the same function as a demurrer but is brought where the time for a demurrer has expired. (Code of Civil Procedure section 438(g); Southern California Edison Co. v. City of Victorville (2013) 217 Cal.App.4th 218, 227.) Here, defendants challenge the single cause of action alleging violations under the Unruh Civil Righ...

Excerpt: ....) 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.) A demurrer seeking a plea of abatement due to another action pending between the same parties on the same cause of action does not apply where one action is in state court and the other is in federal court. (Gregg v. Superior Court (1987) 194 Cal.App.3d 134, 136...

Excerpt: ...nity to re- file the motion to fix procedural deficiencies. Ms. Dolmo re-filed the motion July 10, 2023. Mr. Miller had initially filed an opposition May 3, 2023. He then refiled his opposition July 24, 2023. Ms. Dolmo filed a reply June 1, 2023, a sur reply without leave of court on July 10, 2023 that appears to be a duplicate of the June 1, 2023 filing. Ms. Dolmo then filed a second sur reply without 3 leave of court on August 3, 2023 asking th...

Excerpt: ...ourt where the district court would have original jurisdiction. Here, it is plaintiffs' moving for removal rather than a defendant, and plaintiffs cite no grounds that authorize such a procedure. This court further observes on May 24, 2023, the Central District of California ordered the matter remanded to Placer County Superior Court for a lack of federal jurisdiction. Special Motion to Strike Defendants Kristina Pelletier and Arnold L. Graff ("A...

Excerpt: ...moves to compel ini
Ÿal responses to form interrogatories, set 1. A mo
Ÿon to compel further responses to interrogatories or requests for admissions must be served within 45 days of the service of the response, unless the par
Ÿes have agreed in wri
Ÿng to extend this period. (Code Civ. Proc., §§ 2030.300, subd. (c); 2033.290, subd. (c).) The
Ÿme limit is jurisdic
Ÿonal, and the court has no authority to rule on an un
Ÿmely mo
Ÿon to co...

Excerpt: ...009) 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 subject to judicial notice...

Excerpt: ...s 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 type of claim arise...

Excerpt: ... to the City's motion. Ruling on Motion The motion is denied. The filing of a contest to the settlement requires the moving party to provide the court with declarations and other evidence demonstrating the facts necessary for the court to evaluate the settlement in light of the Tech-Bilt factors. (Ibid.) At a minimum, the moving party must explain who has entered into the settlement; the amount of the settlement; the allocation of the settlement,...

Excerpt: ...erreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7-Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through arms-length bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is experienced in sim...

Excerpt: ...for a common interest development. The Act does not define the term "prevailing party", nonetheless, case law has interpreted the term to mean the party who prevailed "on a practical level" by achieving the main litigation objectives. (Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 260; Villa De Las Palmas Homeowners Assn. v. Terifaj (2004) 33 Cal.4th 73, 94; Almanor Lakeside Villas Owners Assn. v. Carson (201...

Excerpt: ...(c); SASCO v. Rosendin Electric, Inc. (2012) 207 Cal.App.4th 837, 848-849.) The request is brought by the defendant who prevailed after a jury trial, so the applicable analysis looks to whether the claim of misappropriation was made in bad faith. Bad faith for the purposes of attorneys' fees under UTSA refers to a claim that was objectively specious and plaintiff subjectively harbored bad faith. (Cypress Semiconductor Corp. v. Maxim Integrated Pr...

Excerpt: ...ion was filed and set for hearing within the proper timelines. The hearing was continued twice due to strained judicial resources and over setting on the court's calendar. The court expressly finds that the continuances were required due to the conditions of the court's docket. Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Ruling on Objections Defendants' objections are d...

Excerpt: ... probability that the overriding interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no less restrictve means to achieve the overriding interest. (California Rules of Court, Rule 2.550(d).) Plaintiff identifies a single area of confidentiality, namely, his personal medical records attached as Exhibit B of the com#ndium of exhibits in support of defendant's motion to compel...

Excerpt: ...ing party", nonetheless, case law has interpreted the term to mean the party who prevailed "on a practical level" by achieving the main litigation objections. (Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 2ü Villa De Las Palmas Homeowners Assn. v. Terifaj (2Cu) 33 Cal.4th 73, 94; Almanor Lakeside Villas Owners Assn. v. Carson (2016) 246 Cal.App.4th 761, 773.) Here, it cannot be determined defendant prevaile...

Excerpt: ... judicial notice is granted under Evidence Code section 452. Real party's request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The moton is granted. In the current request, the real party seeks to recover $140,265.W plus a 1.5 multiplier, for a total fee award of $350,662.n, plus $230.35 in costs. Real party asserts that attorneys' fees are recoverable pursuant to Code of Civil Procedure secton 1021.5. This sec...

Excerpt: ...However, as to exhibit 3, judicial notice is granted only as to the fact of filing rather than the truth of the matter therein. Plaintiff's request for judicial notice is granted. Ruling on the Motion 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 (2010) 189 Cal.A...

Excerpt: ... defendant: (1) violation of Civil Code secton 1793.2(d), (2) violation of Civil Cade section 1793.2(b), (3) violation of Civil Code section 1793.2(a)(3), (4) breach of the implied warranty of merchantability, and (5) negligent inducement (concealment). Evidentiary Rulings Plaintiffs' request for judicial notice is granted. Ruling on the Motion The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently app...

Excerpt: ... against ACIC is for recovery on a performance bond. Evidentiary Rulings The court on its own motion takes judicial notice of the amendment to the first amended cross-complaint filed April 20, 2022. Cross- complainant's objection numbers 2 and 3 to the declaration of Brad Sutton are sustained; the objections are otherwise overruled. Cross-defendant's objection numbers 1 and 2 are sustained; the objections are otherwise overruled. Ruling on the Mo...

Excerpt: ...' 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 SAC with these principles in mind. A review of the claims alleged in the SAC shows both causes of action remain barred under the version of Civil Cade section 47(...

Excerpt: .... 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 (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, However, the court does not assume the truth of conte...