Excerpt: ...City of Auburn's answer to the petition filed December 13, 2018, is deemed the answer to the petition as verified June 15, 2019. The court sustains petitioner's objections to Exhibit A of the request for judicial notice, and the declaration of Jon R. Di Cristina. Respondent City of Auburn's request for judicial notice is denied as to Exhibit A, and granted as to Exhibit B. Petitioner Z Brothers Investment, LLC petitions for a writ of administrati...

Excerpt: ...ll the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law." (Code of Civil Procedure section 437c(c).) A party to the acton may also move for summary adjudication that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) The moving party bears the initial burden of establishing that one or m...

Excerpt: ...urt notes that Nextitle was granted leave to strike crossdefendants from the second cause of action for contribution. The order was entered on January 22, 2023. In light of this, the court will only address the motion as to the remaining causes of action for equitable indemnity; tort of another; and declaratory relief. Ruling on Objections Nextitle's objections are overruled in their entirety. Ruling on Request for Judicial Notice Cross-defendant...

Excerpt: ...to any material fact and the moving party is entitled to a judgment as a matter of law." (Code Civ. Proc. S 437c, subd. (c).) Plaintiff, as the moving party, meets their burden if they prove each element of the cause of action. (ld. subd. (p)(l).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of material fact exists as to the cause of action. (Ibid.) In reviewing a motion for summary judg...

Excerpt: ...der a record be filed under seal upon express findings of fact that establish: (1) an overriding -nterest that overcomes the public's right to access, (2) an overriding interest supporting sealing 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 restrictive means to achieve the overriding interest. (C...

Excerpt: ...dant demurs to the en
Ÿrety of the complaint asser
Ÿng, among other things, that there is another ac
Ÿon pending between the par
Ÿes. (Code of Civil Procedure sec
Ÿon 430.10(c).) The moving party must show an absolute iden
Ÿty of par
Ÿes in both ac
Ÿons with the iden
Ÿcal cause of ac
Ÿon involved in both cases. (Plant Insula
Ÿon Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 788- 789; Bush v. Superior Court (Rains) (1992) 10 Cal.Ap...

Excerpt: ...ly with discovery 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 Garc:ia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) Defendants' Motion to Compel Responses to Form Interrogatories and Sanctons The motion is granted. Plaintiff Roghie Fathi shall provide verified responses, without obj...

Excerpt: ...iency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (21%9) 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.) Furthermore, "[t]he courts will not close their eyes to situations where a complaint contains allegations ...

Excerpt: ... 752-753; Ruth v. Kizer (1992) 8 Cal.App.4th 380, 385.) Said another way, the court reconsiders the evidence presented and makes its own independent findings. (Ibid.) There is a strong presumption of correctness concerning the administrative findings and the party challenging the decision has the burden of showing the findings are contrary to the weight of the evidence. (Norasingh, supra.) Moreover, an agency's interpretation of its regulations a...

Excerpt: ...roup v. Drexler (2CM) 22 Cal.4th 1084, 1095; Serrano v. Priest (Serrano Ill) (1977) 20 Cal.3d 25, 48-49.) "The reasonable hourly rate is that prevailing in the community for similar work." (P LCM Group v. Drexler (201%) 22 Cal .4th 1084, 1095 The court has carefully reviewed the billing statements, taking into consideration the hourly rates for comparable work conducted during the same period of time for other similar cases within Placer County, ...

Excerpt: ...the related unlawful detainer action. Actions involving common questions of law or fact pending in the same court may be consolidated into a single case. (Code of Civil Procedure section 1048(a).) However, unlawful detainer actions are summary proceedings with expedited timelines. (Martin-Bragg v. Moore (2013) 219 Cal.App.4th 357, 385.) The issues raised in such actons are generally limited in scope to possession of the property. (Ibid.) Plaintif...

Excerpt: ...mmary adjudication is reviewed under well established principles. A party to the action may move for summary adjudication that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) A plaintiff seeking summary adjudication bears the initial burden of establishing each element of the cause of action of acton. (ld. at 437c(p)(1).) Only when this initial burden is met does the burden sh...

Excerpt: ...re 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 cross-complaint is reviewed keeping this in mind. Initially, cross- complainant concedes the fourth and fifth causes of action are deficiently pleaded. The court sustains the demurrer as to these claims. Looking at the first, second, and third causes of action, all three are sufficiently plead...

Excerpt: ...e secton 452. Plaintiff's request for judicial notice is granted overthe objection of defendant. Ruling on Objections Defendant's objections are overruled in their entirety. Ruling on Motion In the current request, defendant seeks either entry of summary judgment against the entirety of the complaint or summary adjudication as to each of the seven causes of action alleged in the complaint. A motion for summary judgment may be granted if "all the ...

Excerpt: ...ority to amend a judgment to include additional non-party judgment debtors under an alter ego theory. (Curci Investment, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 222.) This is true even where the judgment is based upon a summary judgment motion. (see Down Jones Co., Inc. v. Avenel (1984) 151 Cal.App.3d 144, 148-149.) Nonetheless, the judgment creditor must make a show-ng, by a preponderance of the evidence, that the nonparty alter ego entity con...

Excerpt: ...ponses to interrogatories are not mandatory where there is no opposition to the motion. (Code of Civil Procedure section 2030.290(c).) It is true that there are no meet and confer requirements to grant a motion for initial responses. Nonetheless, it seems to this court that a party filing multiple discovery motions against an opposing party who is active in the litigation should demonstrate attempts to informally resolve discovery disputes when s...

Excerpt: ...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, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 503.) A review of the first, second, third, and fourth causes of ...

Excerpt: ...ructural 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 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 ty...

Excerpt: ... as to Exhibit B. Ruling on Motion The motion is denied. In the current request, Nissan NA seeks to compel arbitration, invoking both the FAA and the CAA, between ftself and plaintiff pursuant to an arbitration provision included in the retail installment sales contract (RISC) executed by plaintiff and Future Nissan Inc. A defendant seeking to compel arbitration under the FAA bears the burden of establishing the applicability of the FAA along wit...

Excerpt: ... Motion In the current challenge, defendants Brian Peters and SCS-CA seek either summary judgment or summary adjudication as to the claims alleged against them in the complaint. They argue each cause of action is barred under the doctrine of judicial estoppel. The trial court shall grant a moton for summary judgment if "all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgm...

Excerpt: ...ions 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 (21%3) 113 Cal.App.4th 597, 603.) The complaint is reviewed keeping this in mind. As to the fifth, sixth, and seventh causes of action, the allegations within the compla...

Excerpt: ...lling plaintiff to fulfill her discovery obligations and respond to the propounded written discovery. The first three discovery motions were heard on February 23, 2023. At that time, the court did not impose any form of sanctions but did admonish plaintiff that sanctions could be awarded in the future if plaintiff failed to comply with her discovery obligations. Plaintiff still would not comply with her discovery obligations or the court's three ...

Excerpt: ... (SAC) also identifies Sutter Valley Hospital dba Sutter Medical Center [there is also a reference to "Sutter Medical Center, Sacramento" in the SAC] as a defendant in the action. This defendant has not filed an answer to the SAC nor does it join in the current motion. With this clarification, the court proceeds to review the substance of the pending challenge. Rulings on Objections Plaintiff's objections are overruled in their entirety. Defendan...

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...