Excerpt: ...uant to the preliminary injunction granted in this case. The use of the subject roadway by plaintiff's guests, customers and/or business invitees was an issue which was identified in plaintiff's initial moving papers as a basis for the necessity of the injunction, and it is appropriate to clarify this use as permissible based on the court's prior order. Defendants' request to modify the preliminary injunction to require plaintiff to obtain liabil...

Excerpt: ....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 demurrer is sustained as to plaintiff's first ca...

Excerpt: ... Grand Cherokee. The complaint in this action was filed June 2, 2016. The 2 parties settled the case on September 19, 2017, after the first day of trial. Defendants agreed to pay plaintiffs $140,000 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 by the buyer in connection with the...

Excerpt: ...thout substantial justification. Code Civ. Proc. §§ 2030.290(c), 2031.300(c), 2033.290(d). Motion to Compel Depositions Plaintiff's Motion to Compel Depositions is granted in part, and denied in part. The motion is denied as to the depositions of defendants' persons most qualified and technicians. Based on the current trial date, the discovery cut‐off date for non‐expert discovery has already passed. While the court may allow discovery proc...

Excerpt: ...a derivative action the court may require plaintiff to post a bond if it finds “there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its shareholders.” (Corp. Code § 800(c)(1).) The action will have no benefit to the corporation or shareholders if plaintiff would be unlikely to prevail. Marble v. Latchford Glass Co. (1962) 205 Cal.App....

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Excerpt: ...derson (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. Defendants demur to the second cause of action for negligent hiring, third cause of action for battery, and eighth cause of action for intentional infliction of emotional distress. Each of the challenged causes of action is ba...

Excerpt: ...om Sutter Roseville Hospital and Roseville Police Department relating to events involving decedent on the evening of October 16, 2017. Pursuant to this qualified protective order, plaintiff and all parties to this action are: (1) Prohibited from using or disclosing the protected health information of Natasha Reedy for any purpose other than the instant litigation; and (2) Required to return or destroy any protected health information of Natasha R...

Excerpt: ...ichfield 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. Id. Plaintiff sets forth evidence showing that defendant entered into a written credit card account agreement with plaintiff, that plaintiff co...

Excerpt: ...icy 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 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. (2015) 233 Cal.App.4th 390, 396. It is the petitioner that carries this initial bur...

Excerpt: ...d discovery that “Kidd Towing”, the entity which filed the prejudgment claim of right to possession and entered into a stipulation for entry of judgment with plaintiff, is a corporation identified as Kidd Automotive & Tow with the California Secretary of State. It is well established that a corporation cannot appear in court with legal representation. Merco Const. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724; Caressa Camille, Inc. ...

Excerpt: ..., who unexpectedly died during the pendency of this action. Following counsel's death, on or about January 25, 2018, no substitution of attorney has been filed. A corporation cannot appear in an action in propria persona, and must be represented in most court proceedings through an attorney. Merco Const. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731. Nevertheless, the rule requiring representation by an attorney does not mean the c...

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Excerpt: ...ry obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis. Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4 ...

Excerpt: ...otice of motion sets forth no statutory authority for the request for sanctions. Self‐represented litigants cannot recover attorney fees as discovery sanctions. Argaman v. Ratan (1999) 73 Cal.App.4th 1173, 1179. Plaintiff fails to establish that the cost of obtaining the transcript of the underlying Labor Board hearing is reasonably related to expenses incurred in filing the instant motion to compel. The court may not impose fines or penalties ...

Excerpt: ...., the evidence submitted by plaintiff establishes that CSUN Solar, Inc. initiated and negotiated terms of the subject contract between plaintiff and defendant China Sunergy (US) Clean Tech, that plaintiff directed payments as required by that contract to CSUN Solar, Inc., and that CSUN Solar, Inc. sent updated invoices reflecting changes in terms to the contract to plaintiff, which reflected the same invoice number as the original contract. (Dec...

Excerpt: ...s 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 that may be implied or reasonably inferred from facts expressly alleged, unless th...

Excerpt: ... 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 accuracy of 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. Plaintiffs' first ...

Excerpt: ...for leave to amend, plaintiff sets forth numerous facts which she would add to the amended complaint to buttress the claim. The court takes no position at this time as to whether the proffered facts are sufficient to state a valid cause of action for elder abuse. Plaintiff is granted leave to amend. Any amended complaint shall be filed and served on or before July 20, 2018. Motion to Strike In light of the ruling on the demurrer to complaint, Sut...

Excerpt: ...ion (“the State”) moves for summary judgment of plaintiff James Lucido's claim for premises liability and plaintiff Janet Lucido's claim for loss of consortium, under the doctrine of primary assumption of risk, or Government Code section 830.2. 2 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). Defendants moving for...