Excerpt: ... the hearing on February 17, 2023, the parties appeared and the matter was dropped at petitioner's request. On March 3, 2023, the court dismissed the petition without prejudice at petitioner's request. The prevailing party in a CHRO may be awarded court costs and attorney's fees. (Code Civ. S 527.6, subd. (s).) As Code of Civil Procedure section 527.6 does not define prevailing party, the definition in Code of Civil Procedure secton 1032(a)(4) ap...

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: ...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: ... judgment debtor Kevan Gilman's (“Gilman's”) motion to tax judgment creditors' October 9, 2009 cost memorandum, the court rules as follows: Gilman's motion to tax judgment creditors' October 9, 2009 cost memorandum is denied as Gilman failed to effect service pursuant to the terms of Code of Civil Procedure section 685.070(c). The court notes that although Gilman filed PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – ...

Excerpt: ...ment debtor, and memoranda of costs filed May 19, 2020, is granted in part, and denied in part. In 2007, judgment creditors Tammy Phillips (“Phillips”) and Tammy R. Phillips, a Professional Law Corporation (“the Corporation”) obtained a judgment against Kevan Gilman (“Gilman”) on their cross‐complaint. The judgment states principal damages totaling $20,608, statutory damages totaling $750, and prejudgment interest of $1,585. Judgmen...

Excerpt: ... deemed filed as of the date they were first submitted to the Clerk's Office, May 6, 2020. Motion to Tax Costs (Sanctions Award/Cost Memo Filed 2‐24‐2020) Judgment debtor's motion to tax costs with respect to sanctions awards against attorney Mark Ellis, and the memorandum of costs filed February 24, 2020, is granted. Judgment creditors' memorandum of costs seeks to add attorneys' fees of $3,476 as enforcement costs to sanctions awards assess...

Excerpt: ...s for issuance of an assignment order, an order for examination of a third party, and to strike various motions to tax filed by judgment debtor Gilman. Corporation's motions are GRANTED IN PART and DENIED IN PART. Preliminarily, it appears Gilman's oppositions were untimely. However, the Court perceives no preojudice to the opposing party in considering the late‐filed papers, and has done so. The parties are reminded, however, to comply with al...

Excerpt: ...filed a motion for attorneys' fees pursuant to Code of Civil Procedure section 473(b) and (c)(1). As set forth in detail in the opinion of the Court of Appeal filed March 29, 2019, this action has been plagued by “repeated errors and omissions by [plaintiff's] counsel”. After an order sustaining defendant's demurrer to the complaint, and imposing a deadline by which an amended complaint must be filed, plaintiff failed to file an amended compl...

Excerpt: ...senger service rather than personal service. Second, amendment of a judgment to add a nonparty as an alter ego to the judgment is generally not available where plaintiff obtained a default judgment. (see Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 703‐704, 709‐709.) Third, plaintiff has not made a sufficient showing of successor corporation liability to warrant amendment to include the nonparty corporate entities. (...

Excerpt: ...mes Thompson's purchase of a 2013 Dodge Dart. The complaint in this action was filed March 28, 2017. The parties settled the case on September 24, 2018, just prior to commencement of trial. Defendants agreed to pay plaintiff $117,000 in settlement of the action. Civil Code section 1794(d) authorizes the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determined by the court to have been reasonably incurred ...

Excerpt: ...plaintiffs' joinder, the same result would obtain. The motion filed in SCV‐39027 appears to seek judgment with respect to an equitable remedy pleaded in that action. No authority is provided for the ability of the court to issue the requested order in the current procedural context. Diamond v. Superior Court (2013) 217 Cal.App.4th 1172, cited in support of the motion, is not on point as that case involved the denial of a summary judgment motion...

Excerpt: ... consolidation is to promote trial convenience and economy by avoiding duplication of procedure, especially with respect to the proof of issues common to both actions. See McClure, on Behalf of Caruthers v. Donovan (1949) 33 Cal.2d 717, 722‐723. Consolidation rests within the sound discretion of the trial court. Plaintiff seeks to consolidate an unlimited civil action in which she alleges breach of the Homeowners' Bill of Rights, fraud and viol...

Excerpt: ...icy 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. “A strong public policy favors the arbitration of disputes, and doubts should be resolved in favor of deferring to arbitration proceedings.” Rowe v. Exline (2007) 153 Cal.App.4th 1276, 1282; Laswell, supra, at p. 1405. Under...

Excerpt: ...ference. Terminating sanctions are an extreme sanction for those cases where misuses of the discovery process are so pervasive that 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. Upon careful review of the moving papers and the court file, the court determi...

Excerpt: ... by the current motion. Further, even if plaintiff had requested set aside of the dismissal, plaintiff requests judgment on terms that are not in conformance with the terms of the stipulation for settlement. First, plaintiff requests interest on the full amount of the stipulated judgment amount, $10,887.22, from December 1, 2017 to February 12, 2019, despite the fact that payment of $4,834.56 was made on January 8, 2018. Second, plaintiff request...

Excerpt: ... 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 of contentions, deductions, or conclusions of facts or law. Id. Plaintiff's first cause of a...

Excerpt: ...h 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. Andersen contends that the allegations of the complaint est...

Excerpt: ...he language of the statute is mandatory, as opposed to permissive, and accordingly the court does not have discretion to deny judicial preference in cases where plaintiff is under 14 years of age and has a substantial interest in the case as a whole. Peters v. Superior Court (1989) 212 Cal.App.3d 218, 224. In this case, the parties do not dispute that plaintiffs Alex Azeltine and Franklin Azeltine are minors under the age of 14 who have a substan...

Excerpt: ...reasonably available to the responding party permits.” By suggesting that responding party is aware of the existence additional facts which are not described in the responses, defendant has not complied with his duty to provide complete answers. The motion is also granted as to Special Interrogatory No. 10. Defendant's response to this interrogatory is overly conclusory and states “some of the referenced damages may not yet have occurred” w...

Excerpt: ...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 of contentions, deductions, ...

Excerpt: ... 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. In response to the current motion, plaintiff asserts th...

Excerpt: ...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 allegations in the pleadings 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 assumes the truth of all facts properly pleaded, and accepts as true all facts tha...

Excerpt: .... 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. The City's demurrer is sustained as to the first cause of action for ...

Excerpt: ...zes the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Plaintiff is the prevailing party in this action, and entitled to attorneys' fees pursuant to this statute. Plaintiff asserts that the attorneys' fees billed by his counsel in this action total $24,000. Plaintiff ...

Excerpt: ...n for Summary Judgment or Summary Adjudication Defendant and cross‐complainant South Sutter Water District (“the District”) moves for summary judgment or summary adjudication as to the claims pleaded by the District in the crosscomplaint. 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 summ...

Excerpt: ...n Motion for Summary Judgment, or in the Alternative, for Summary Adjudication Defendant Schaffer's Mill Community Association (“the HOA”) moves for summary judgment or summary adjudication of plaintiffs' claims for breach of the CC&Rs, breach of fiduciary duty, and nuisance. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter...

Excerpt: ...bed 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 of contentions, deductions, or conclusions of facts or law. Id. The dem...

Excerpt: ...aint is granted in part and denied in part. In assaying this application, the court has sought to balance the principle of the law's general liberality in allowing amendment of pleadings on the one hand, against the forthcoming trial date on the other. As the court has previously observed, the amount of public resources that have been expended in more than thirty (30) law and motion matters in the year that this matter has been pending seems very...

Excerpt: ...restitution, challenging the water rate structure adopted by respondent Foresthill Public Utility District (“the District”) on June 25, 2014. Petitioner sought a declaration that the District's water rate structure violated Proposition 218, California Constitution, Article XIIID, restitution of all fees and charges collected in violation of Proposition 218, a permanent injunction prohibiting the billing and collection of water charges or fees...

Excerpt: ...e allegations in the pleadings 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 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...

Excerpt: ...rt 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. Defendant argues that plaintiff's claims in this action are barred by the doct...

Excerpt: ...il Procedure section 877.6. Motion for Summary Judgment Defendant City of Auburn's motion for summary judgment is dropped in light of the settlement agreement entered into between the City and plaintiff. Motion to Compel Further Deposition Testimony Defendant City of Auburn's motion to compel further deposition testimony is dropped in light of the settlement agreement entered into between the City and plaintiff. ...

Excerpt: ...esses of the individual and/or company associated with the telephone number, a record of all phone calls made or received by that number, a record of all text messages, including the messages themselves, sent by or received by that number, 2 and the billing and payment records regarding same, and any further records of telephone numbers associated with Kammrin Bernard from April 1, 2009 to October 31, 2017. (Declaration of Erin Scharg, ¶ 4, Exh....

Excerpt: ...hereas Charity has filed notice that he does not oppose issuance of the preliminary injunction. The court may grant a preliminary injunction 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). When determining whether to issue a preliminary injunction, the court weighs the likelihood of ...

Excerpt: ...rguments or explained how co‐defendant's arguments relate to the allegations against moving defendants. As to the second cause of action, defendants rely on extrinsic evidence which may not be considered in ruling on a 3 motion for judgment on the pleadings. Based on all of the foregoing reasons, the motion must be denied. ...

Excerpt: ...letters, the court has considered them to the extent discussed, infra. Defendant John Mourier Construction, Inc. (“JMC”) demurs to the first amended complaint filed in this action. 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 ...

Excerpt: ...cribed 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 of contentions, deductions, or conclusions of facts or law. Id. The ...

Excerpt: ...dicial notice is otherwise granted. Plaintiff's request for judicial notice is granted. On December 7, 2018, plaintiff applied ex parte for a temporary restraining order prohibiting defendants from performing the following acts: Selling, attempting to sell, listing for sale or private auction, recording a trustee's deed, or otherwise completing a non‐judicial trustee sale pertaining to the residential real estate with a physical address of 6021...

Excerpt: ...fact. Walker v. Walker (1960) 177 Cal.App.2d 89, 91‐92. The purpose of consolidation is to promote trial convenience and economy by avoiding duplication of procedure, especially with respect to the proof of issues common to both actions. See McClure, on Behalf of Caruthers v. Donovan (1949) 33 Cal.2d 717, 722‐ 723. Consolidation rests within the sound discretion of the trial court. Plaintiff seeks to consolidate an unlimited civil action in w...

Excerpt: ...o not impose such a sanction lightly. Upon careful review of the moving papers and the court file, the court determines that terminating sanctions are appropriate in this instance. Defendant served plaintiff with discovery requests on 2 February 16, 2018, including interrogatories and requests for production. Plaintiff failed to serve any responses. Defendant moved to compel responses which motion was unopposed and granted January 8, 2019. Defend...

Excerpt: ...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. The court has reviewed the complaint in this action in light of defendants'...

Excerpt: ...f'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 of contentions, deductions...

Excerpt: ...lement agreement filed in this action pursuant to Code of Civil Procedure section 664.6. Plaintiffs Wendy Wood and Robert G. Spohr, individuals and trustees of the Wendy Wood and Robert G. Spohr Revocable Trust, and Adrienne Spohr (“plaintiffs”) entered into a settlement agreement in this action with defendants Richard M. Dewante, individually and dba Tahoe Park Water Company, and Tahoe Park Water Company (“defendants”). The settlement ag...

Excerpt: ...aint does not state facts sufficient to constitute a cause of action against the defendant. Code Civ. Proc. § 438(c). The grounds for the motion must appear on the face of the challenged pleading, or be based on facts which may be judicially noticed. Code Civ. Proc. § 438(d). Plaintiffs' fourth cause of action alleges a claim of negligence against Richard Yang, Frieda Yang and Madeline Yang. Plaintiffs' fifth cause of action alleges a claim of ...

Excerpt: ...ded complaint as Exhibit A. Exhibit A is a document titled “verified complaint” (not first amended complaint). It appears that plaintiffs then attempted to file another version of the complaint, this one titled “verified first amended complaint”, which was rejected for filing. The court presumes that defendants' demurrer relates to the “verified complaint” attached as Exhibit A to the notice of errata, which though not labeled as such...

Excerpt: ..., failure to provide meal and rest breaks, failure to provide accurate wage statements, and violations under the Private Attorneys General Act (“PAGA”). PAGA “authorizes an employee to bring an action for civil penalties on behalf of the state against his or her employer for Labor Code violations committed against the employee and fellow employees, with most of the proceeds of that litigation going to the state. Iskanian v. CLS Trans. L.A.,...

Excerpt: ...nstitute a cause of action against the defendant. Code Civ. Proc. § 438(c). The grounds for the motion must appear on the face of the challenged pleading, or be based on facts which may be judicially noticed. Code Civ. Proc. § 438(d). Nationstar's motion is granted without leave to amend as to plaintiffs' first cause of action for violation of Civil Code section 2923.5. The sole remedy for noncompliance with this statute is postponement of a fo...

Excerpt: ...s' (“SCP's”) responses to the requests at issue do not comply with the Code of Civil Procedure, as SCP does not clearly state whether it is complying with the request, or whether it is unable to comply. For example, in response to Request No. 1, SCP sets forth several objections, then states that “to the extent that relevant non‐privileged documents otherwise subject to production and responsive to this request actually exist within the R...

Excerpt: ...alleges that James Allen, on behalf of himself and as agent for Marie Allen, executed the operative contract which was subsequently breached by the defendants. Plaintiff alleges damages of $14,908. James Allen was subsequently dismissed from the lawsuit. A proof of service of summons filed December 8, 2014, states that Marie Allen was personally served with the first amended complaint and summons on November 25, 2014, at 3:25 p.m. Allen denies th...

Excerpt: ...ices, Inc. and Dennis F. Graham are hereby enjoined from directly or indirectly (1) competing with plaintiff in the business of providing heating, ventilation and air conditioning services to national retail commercial customers; (2) soliciting plaintiff's national retail commercial heating, ventilation and air conditioning service customers whose business and contracts were transferred to plaintiff pursuant to the Asset Purchase Agreement; and (...