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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 (...

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: ...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...