Excerpt: ....) 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.) A demurrer seeking a plea of abatement due to another action pending between the same parties on the same cause of action does not apply where one action is in state court and the other is in federal court. (Gregg v. Superior Court (1987) 194 Cal.App.3d 134, 136...

Excerpt: ...s 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 type of claim arise...

Excerpt: ... to the City's motion. Ruling on Motion The motion is denied. The filing of a contest to the settlement requires the moving party to provide the court with declarations and other evidence demonstrating the facts necessary for the court to evaluate the settlement in light of the Tech-Bilt factors. (Ibid.) At a minimum, the moving party must explain who has entered into the settlement; the amount of the settlement; the allocation of the settlement,...

Excerpt: ...erreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (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-length bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is experienced in sim...

Excerpt: ...for a common interest development. The Act does not define the term "prevailing party", nonetheless, case law has interpreted the term to mean the party who prevailed "on a practical level" by achieving the main litigation objectives. (Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 260; Villa De Las Palmas Homeowners Assn. v. Terifaj (2004) 33 Cal.4th 73, 94; Almanor Lakeside Villas Owners Assn. v. Carson (201...

Excerpt: ...(c); SASCO v. Rosendin Electric, Inc. (2012) 207 Cal.App.4th 837, 848-849.) The request is brought by the defendant who prevailed after a jury trial, so the applicable analysis looks to whether the claim of misappropriation was made in bad faith. Bad faith for the purposes of attorneys' fees under UTSA refers to a claim that was objectively specious and plaintiff subjectively harbored bad faith. (Cypress Semiconductor Corp. v. Maxim Integrated Pr...

Excerpt: ...ion was filed and set for hearing within the proper timelines. The hearing was continued twice due to strained judicial resources and over setting on the court's calendar. The court expressly finds that the continuances were required due to the conditions of the court's docket. Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Ruling on Objections Defendants' objections are d...

Excerpt: ... 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. (California Rules of Court, Rule 2.550(d).) Plaintiff identifies a single area of confidentiality, namely, his personal medical records attached as Exhibit B of the com#ndium of exhibits in support of defendant's motion to compel...

Excerpt: ...ing party", nonetheless, case law has interpreted the term to mean the party who prevailed "on a practical level" by achieving the main litigation objections. (Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 2ü Villa De Las Palmas Homeowners Assn. v. Terifaj (2Cu) 33 Cal.4th 73, 94; Almanor Lakeside Villas Owners Assn. v. Carson (2016) 246 Cal.App.4th 761, 773.) Here, it cannot be determined defendant prevaile...

Excerpt: ... judicial notice is granted under Evidence Code section 452. Real party's request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The moton is granted. In the current request, the real party seeks to recover $140,265.W plus a 1.5 multiplier, for a total fee award of $350,662.n, plus $230.35 in costs. Real party asserts that attorneys' fees are recoverable pursuant to Code of Civil Procedure secton 1021.5. This sec...

Excerpt: ...ow 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 action may also move for summary adjudication if that party contends there is no merit to one or more of the causes of action. of Civil Procedure section 437c(f)(1).) The moving party bears the initial burden of establishing that one or more elements of a cause of a...

Excerpt: ...tiff and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999-1000.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has made a sufficient showing that the balancing of hardships weigh in favor of plain...

Excerpt: ...ng, not the truth of the plaintiff's allegations or accuracy' of the described conduct. (Bader v. Anderson (2009) 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, 504.) The SAC is reviewed keeping these principles in mind. Both causes of achon remain barred under the version of Civil Code sec...

Excerpt: ...years as required in Sections 583.210 and 583.250 while also failing to bring the matter to trial within five years under Sections 583.310 and 583.50. As it pertains to the mandatory three year dismissal statute, the general appearance of the defendant within the statutory period prevents such a dismissal. (Code of Civil Procedure secton 583.220.) Defendants filed answers to the original complaint on May 3, 2021, making general appearances in the...

Excerpt: ...t of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (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 armslength bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is exper...

Excerpt: ...set one, within ten days of service of the signed order after hearing. Defendant's Motion to Compel Responses to Request for Production of Documents As an initial matter, the court continued the moton in light of a purported agreement reached by the parties. The court, however, has not received any further information as to this agreement and will proceed to hear the substance of the motion. The unopposed motion is granted. Plaintiff Michael Care...

Excerpt: ...ver, plaintiff Vanessa Kuzel is admonished that repeated conduct of failing to comply with discovery obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis, including terminating sanctions. (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.) Defendant's Mohon to Compel Further Responses Specia...

Excerpt: ...1981) 123 Cal.App.3d 593, 504.) The court reviews the FAC keeping this in mind. Here, defendant challenges the single cause of action for declaratory relief alleged in the FAC. An action for declaratory relief requires an actual controversy relating to the legal rights and duties of the parties. (Code of Civil Procedure secton 1060.) It is only appropriate where there is an actual controversy and not an abstract or academic dispute. (Connerly v. ...

Excerpt: ...en discovery against multiple individuals. It appears some of the requests to compel are, in actuality, requests to compel further responses. A motion to compel further responses generally requires the filing of a separate statement, which has not been filed here. (California Rules of Court, Rule 3.1345.) It also appears defendants are attempting to compel responses from non-parties who have not been properly served. It is also worth noting that ...

Excerpt: ...re irrelevant to allegations made in the TAC. The court grants the motion as to these sections and exhibit without leave to amend. The motion is denied as to paragraph 44. Defendants' Demurrer to the Third Amended Complaint (TAC) The demurrer is overruled. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) T...

Excerpt: ...onal evidence. The court will not consider improperly subm-tted briefing, especially where defendants have had the opportunity but failed to bring a proper request. Since the court has stricken defendants' supplemental opposition, the court will not consider PCWA's substantive arguments in the supplemental reply or declaration filed on April 25, 2023. Ruling on Objections PCWA's objections to defendants' SSLJMF are sustained in their entirety. PC...

Excerpt: ...for Judicial Notice Defendant's request for judicial notice is granted. Plaintiff's request for judicial notce is denied in light of the court's ruling on the objections. Ruling on Motion The motion is granted. The trial court shall grant a motion 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 judgment as a matter of law." (Code of Civil Procedure...

Excerpt: ...r opposition seeking a contnuance to conduct further discovery if the court is inclined to grant the motion. While plaintiffs do have a right to conduct discovery of the facts necessary to sustain their burden of proof, they must also demonstrate that discovery is likely to lead to the production of evidence of facts establishing jurisdiction. (In re Automobile Antitrust Cases I & II (2005) 135 Cal.App.4th 100, 127.) Plaintiffs have only made a g...

Excerpt: ...rnia Rules of Court, Rule 3.1345. Instead, plaintiff unilaterally submitted a concise statement without first seeking leave from the court. Rule 3.1345(b)(2) allows a party to submit a concise statement in lieu of a separate statement where the court authorizes such a submission. Plaintiff made no such request from the court prior to submitting its concise statement. Nor did plaintiff inquire as to whether separate motions, rather than combined m...

Excerpt: ...resno Chrysler Dodge Jeep Ram. Plaintiff purchased a 2020 Chrysler Pacifica from Fresno Chrysler Dodge Jeep Ram, who is not named as a defendant in this action. FCA relies on the arbitration provision found in the RISC, where plaintiff agreed to arbitrate with Fresno Chrysler regarding: "Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrabilit...