Excerpt: ...award of sanctions pursuant to Code of Civil Procedure §§ 128.5 and 128.7, contending Judgment Debtor Gilman's motion for fees on appeal, filed on July 24, 2019, was filed in bad faith and was frivolous and devoid of any merit. Regarding Judgment Debtors' request for sanctions pursuant to Code of Civil Procedure § 128.5, the Court is not persuaded that the conduct at issue warrants sanctions under this provision. In ruling on the motion, the C...

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: ...rson (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 complaint alleges tha...

Excerpt: ... 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 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, d...

Excerpt: ...��Murray”) fails to establish compliance with the meet and confer requirements of Code of Civil Procedure section 430.41(a). For the purpose of ruling on the instant demurrer, the court will excuse this defect. Defense counsel is advised that any future demurrers must demonstrate compliance with Code of Civil Procedure section 430.41(a). 3 Murray's demurrer to the first amended complaint is overruled in part, and sustained in part with leave to...

Excerpt: ...questions of law or 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. 9 Plaintiffs seek to consolidate an unlimi...

Excerpt: ...ore causes of action alleged in the complaint. Code Civ. Proc. § 437c(f)(1). A moving defendant has the initial burden of showing that a cause of action has no merit, or there is a complete defense to the cause of action. Code Civ. Proc. § 437c(p)(2). If defendant meets its initial burden, the burden shifts to plaintiff to show the existence of a triable issue of material fact as to the cause of action or defense. Code Civ. Proc. § 437c(p)(2)....

Excerpt: ...ader 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. Plaintiff's third cau...

Excerpt: ...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 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,...

Excerpt: ...prior hearing. The instant motion relates to defendant Elmira Abraamyan's motion to amend or withdraw deemed admissions of December 11, 2018. On December 10, 2018 the court published a tentative ruling granting the motion. Plaintiff requested oral argument, and the court conducted 2 a hearing. The court recalls plaintiff's arguments. Generally speaking he argued concerning the sufficiency of the moving papers and the authorities relied upon in th...

Excerpt: ...ndant or any defendant resides at the commencement of the action”. Defendants admit that defendant Paul D. Booth, in his capacity as trustee of the Anything Trust dated October 12, 2007 (“Booth”) is a resident of Placer County. Further, pursuant to Probate Code section 17005(a)(1), the proper county for commencement of a proceeding concerning a trust is “[i]n the case of a living trust, the county where the principal place of administrati...

Excerpt: ...Default judgment was entered against defendant on June 20, 2008. This motion was filed over ten years later, on January 2, 2019. As defendant's motion was not timely made under the requirements of the applicable statute, it must be denied. Code Civ. Proc. § 473.5; Trackman v. Kenny (2010) 187 Cal.App.4th 175, 180. ...

Excerpt: ...v. Proc. § 430.10(e). 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 implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. Cit...

Excerpt: ...on (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 that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. C...

Excerpt: ... Inc. and Ryan Zierman move for summary adjudication as to their fifth cause of action for violation of the California Franchise Investment Law (“CFIL”) and seventh cause of action for violation of the Unfair Competition Law (“UCL”). 4 A plaintiff may move for summary adjudication if it contends that there is no affirmative defense to one or more causes of action alleged in the complaint. Code Civ. Proc. § 437c(f)(1). A moving plaintiff ...

Excerpt: ...not filed until December 27, 2018. Defendant 3 contends that she was not personally served, but does not adequately rebut the presumption of proper service established by the proof of service filed January 17, 2013. See Floveyor Int'l, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795. Further, defendant fails to show that her lack of notice in time to defend was not caused by inexcusable neglect. Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1...

Excerpt: ...ether the memoranda of costs were properly served. The court granted Gilman's request, and continued the hearing on this motion. The court has now considered Gilman's supplemental briefing re: service of memorandum of costs as well as the judgment creditors' response to supplemental memorandum, and issues the following tentative ruling: Gilman asserts that the memoranda of costs were not properly served pursuant to the Enforcement of Judgments La...

Excerpt: ...ng objections are overruled. Ruling on Motion Plaintiff and cross‐defendant City of Roseville (“City”) moves for summary judgment or summary adjudication as to the cross‐complaint filed by defendant and cross‐ complainant Abacus Solutions Inc. (“Abacus”). “[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 of law.”...

Excerpt: ... cause of action alleged in the crosscomplaint. “[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 of law.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. A defendant moving for summary judgment bears the burden of persuasion that one or more elements of the cause in action cannot be established, or that there is...

Excerpt: ...nts' notice of nonstipulation is untimely and ineffective. Plaintiff's objections to evidence are ruled on as follows: Objection Nos. 1 and 2 are overruled. Objection No. 3 is sustained. Plaintiff United Specialty Insurance Company moves for summary judgment and/or summary adjudication as to its two causes of action for declaratory relief. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of ...

Excerpt: ...ions, courts do not impose such a sanction lightly. In this case, defendants and cross‐complainants Sonora Gasoline Corporation and Gurraj Singh Grewal have failed to respond to discovery requests served in December 2017, failed to substitute in new counsel after their prior attorney died unexpectedly, failed to respond to significant meet and confer efforts, have not opposed multiple motions filed by plaintiff, and 4 failed to serve discovery ...

Excerpt: ...ion to compel and a motion to deem requests for admission admitted, which were set to be heard on July 10, 2018. The notice of motion for the current motion acknowledges the other pending motions, predicts that defendants will fail to oppose the motions or respond to the discovery, and asserts that the matter “will be ripe” at the time this motion. Terminating sanctions are an extreme sanction for those cases where misuses of the discovery pr...

Excerpt: ...is the claimant who bears the burden of proof to establish the probable validity of its claims. Code Civ. Proc. §§ 405.30, 405.32. Plaintiff seeks to enforce an alleged oral agreement to sell real property. Such an agreement is barred by the statute of frauds. Civ. Code § 1624 (a)(3). Plaintiff argues that defendants are estopped from asserting the statute of frauds due to her performance under the terms of the alleged agreement. Specifically,...

Excerpt: ...gatories, or made a good faith effort to obtain information from available sources under the defendant's control in order to respond. 6 Plaintiff is awarded sanctions from defendant and his counsel, jointly and severally, in the amount of $760. Code Civ. Proc. § 2030.300(d). Motion to Compel Further Responses to Special Interrogatories Plaintiff's Motion to Compel Further Responses to Special Interrogatories is granted. Defendant's responses to ...

Excerpt: ...notice attached as Exhibit A to the Declaration of Wendy York, at the time, date and location designated by plaintiffs. Plaintiffs are awarded sanctions of $1,260 from defendant Roseville Point Health and Wellness Center, LLC dba Solnus Three, LLC and its counsel of record, jointly and severally. Motion to Compel Deposition of Defendant's Person Most Knowledgeable re Organizational Structure Plaintiffs' unopposed Motion to Compel Deposition of De...