Excerpt: ... Rules of Court, rule 3.1345(c). As conceded by defendant, the separate statement sets forth the original responses, but not amended responses served prior to the motion being filed. The motion is granted as to special interrogatory No. 13. Plaintiff's response identifies several documents in response to the interrogatory. The response also notes additional 6 responsive information, but that providing this information would require creation of a ...

Excerpt: ...e ruled on as follows: Objection Nos. 1, 21, 24, 29, 30, 33, 34 and 35 are sustained. The remaining objections are overruled. Ruling on Motion Defendants Caliber Home Loans, Inc. (Caliber), Summit Management Company, LLC (Summit) and US Bank Trust move for summary judgment, or alternatively summary adjudication as to plaintiffs' claims for wrongful foreclosure, breach of contract, and unfair business practices. 3 Summary judgment may be granted w...

Excerpt: ...arties on the same cause of action. A plea in abatement requires that the identical cause of action is involved, such that a judgment in the first action would be res judicata on the claim in the second action. Bush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384. In this case, the court finds that abatement is not appropriate as the PAGA claim alleged in the prior action filed in San Bernardino County Superior 9 Court, Javier Torrez, et al v....

Excerpt: ...p.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Plaintiffs allege claims of fraud‐intentional misrepresentation, negligent misrepresentation, fraud‐omission, professional negligence, and breach of fiduciary duty, arising out of investments purchased through Berthel's registered representative Shawn Davis (“D...

Excerpt: ... for summary judgment as to plaintiff CSAA Insurance Exchange's claims for negligence and strict liability. 4 The party seeking summary judgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. Aguilar v. Atlantic Richfield 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 ...

Excerpt: ...true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The demurrer is overruled as to plaintiff's first cause of action for breach of implied warranty, and second cause of action for breach of express warranty. Based on a review of the complaint as a whole, plaintiff adequately alleges these claims. Contrary to the 11 argument of defendant, plaintiff is not required to plead the...

Excerpt: ...he arguments have not been waived. Accordingly, the court proceeds on the merits. Unclean Hands The jury determined that Canel is liable to BBC under the terms of the Guaranty, in the amount of $2,116,000. Canel contends that BBC is barred from recovery under the Guaranty based on the doctrine of unclean hands. Under the unclean hands doctrine, the plaintiff must “act fairly in the matter for which he seeks a remedy. He must come into court wit...

Excerpt: ...ield 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. Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at 850. Plaintiff is an unlicensed contractor who was injured while working on a job at defend...

Excerpt: ... County Superior Court Case No. SCV42872, Sheena George vs. Meritage Homes of California, Inc., et al (“the George action”), and (3) Placer County Superior Court Case No. SCV‐43149, W1 Holdings, et al vs. Deutsche Bank AG, et al (“the W1 action”), for all purposes including trial. The motion is denied. A complete consolidation may be ordered where the parties are identical and the causes of action could have been joined. Hamilton v. Asb...

Excerpt: ...tiff takes the position that counsel was placed “at an obvious disadvantage that would raise reasonable suspicion in any case”. (Declaration of Maria L. Weitz, ¶ 6, emph. in orig.) Plaintiff's counsel also notes background noise during the deposition, hesitation with respect to certain answers, and one instance of the deponent reviewing a document that he expressly requested from defense counsel. Plaintiff moves to compel the deposition of d...

Excerpt: ... a class action settlement, the court is to give due regard to the parties' agreement, ensuring the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. In re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389; Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801; 7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App....

Excerpt: ... or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The demurrer is sustained as to the first cause of action for professional negligence alleged by plaintiff Linda Clayton (“Clayton”). Plaintiffs fail to allege facts which support the c...

Excerpt: ... not the truth of the 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 true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The demurrer is sustained. Plaintiffs allege two causes of action under Civil Code section 2923.6(d) and (e). The statute states in relevant part: (d) If th...

Excerpt: ...the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of 3 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. ...

Excerpt: ...itute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the 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 true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Plaintiff alleges that he was severely injure...

Excerpt: ... this was one day after defendant's opposition was filed, giving defendant no opportunity to respond. The failure to include a separate statement constitutes sufficient grounds to deny the motion. In addition, plaintiff does not make a sufficient showing that he informally attempted to resolve this matter with defendant. Code Civ. Proc. §§ 2030.300(b)(1), 2016.040. “A meet and confer declaration in support of a motion shall state facts showin...

Excerpt: ...of defendant's Compendium of Evidence filed April 13, 2020. The remaining objections are overruled. Defendant's objections to evidence are ruled on as follows: Objection Nos. 1, 3‐14, 21‐ 23, 25, 30 and 35 are sustained. The remaining objections are overruled. Ruling on Motion Defendant Todd Jarvis moves for summary judgment, or alternatively summary adjudication, as to claims alleged in plaintiff Robin Calder's complaint. Summary judgment ma...

Excerpt: ...true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The demurrer is overruled as to plaintiff's first cause of action for breach of implied warranty, and second cause of action for breach of express warranty. Based on a review of the complaint as a whole, plaintiff adequately alleges these claims. Contrary to the argument of defendant, plaintiff is not required to plead the te...

Excerpt: ...forward on an earlier date due to a heavy trial calendar after October 21. (Declaration of Mary Talmanoff, Exh. I.) The parties did not resolve the issue at that time, and no further discussions were held until December 4, 2019. On that date, following inquiry by plaintiff's counsel, defense counsel conditionally offered February 3, 2020, but noted that she needed to clear the date with her client, and would follow up. (Id., Exh. J.) It does not ...

Excerpt: ...cluding objections to exhibits, are overruled. Defendant's objections to the declaration of Daniel McLain are ruled on as follows: Objection Nos. 2‐5 and Objection to Exhibits No. 2 are sustained. The remaining objections are overruled. Defendant's objections to the declaration of Sue Thompson are ruled on as follows: Objection Nos. 1‐2 and 6‐7 are sustained. The remaining objections are overruled. Defendant's objections to the declaration ...

Excerpt: ...s to give due regard to the parties' 2 agreement, ensuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801; 7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145. A presumption of fairness exists where: (1) the settlement was reached through arms‐len...

Excerpt: ...n (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Plaintiff alleges that he worked as a food server at Fat's Asian Bistro in Roseville for approximately one year before he was constructively discharged in October 2019. (Complaint, ¶10.) A few months prior to being suspended, plaintiff's manager S...

Excerpt: ...erruled. Plaintiff's objections to the declaration of Jordan Meeks are ruled on as follows: Objection No. 2 is sustained. The remaining objections are overruled. Ruling on Motion Defendant La Familia Ramirez, Inc. dba Café Delicias moves for summary judgment as to plaintiff's negligence/premises liability claim arising from a slip‐and‐fall accident at defendant's restaurant. The court shall grant a motion for summary judgment if “all the p...

Excerpt: ... of the State of California. The court recognizes and respects the importance of zealous advocacy, while realizing that there is an important, albeit hazy, line between effective advocacy and improper behavior. California case law authority, the Business and Professions Code, and State Bar Guidelines of Civility and Professionalism all forbid attorneys from discourteous conduct or other affronts upon the dignity of the court. Vigorous advocacy do...

Excerpt: ...rson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Plaintiff's first and third causes of action allege breach of express warranty under the Magnusson‐Moss Warranty Act and the Song‐Beverly Consumer Warranty Act, respectively. Both claims are subject to a four‐year statute of limitations. U...