Excerpt: ...intiffs seek an injunction requiring defendants Vincent Procopio and John Procopio to remove boulders and/or other obstructions which they allegedly placed in front of the access gate at 10100 Sunset Lane, and preventing defendants from blocking or in any way restricting access between the property located at 10100 Sunset Lane (“the Property”), and Sunset Lane, which is alleged to be either a public right‐of‐way or a prescriptive roadway ...

Excerpt: ...y determination establishes an initial presumption of fairness…” In re General Motors Corp. (3d Cir. 1995) 55 F.3d 768, 784. “[I]f the proposed settlement appears to be the product of serious, informed, non‐collusive negotiations, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the class, and falls within the range of possible approval, then the court should direct that...

Excerpt: ...legations in the pleadings are deemed true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. 8 A demurrer can only be used to challenge defects that appear on the face of the pleading, or from matters that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. No other extrinsic evidence may be considered. Ion Equipment Corp. v. Nelson (1980) 110 Cal.App...

Excerpt: ...ations 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. Tort liability against a public entity requires an authorizing statute or enactment. Gov. Code § 815(a); Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802. Plaintif...

Excerpt: ...onal or contrary factual detail or context to the allegations. The cases cited by defendant do not suggest that judicial notice is appropriate in these circumstances. As to Exhibit H, although it is referenced in the complaint, it does not form the basis for any of plaintiffs' claims, and defendant does not explain why it is necessary for the court to take judicial notice of this document. Ruling on Demurrer to Complaint Defendant Lance Aizen (�...

Excerpt: ... the demand.” Code Civ. Proc., § 2034.260(a). The exchange of expert witness information must include either of the following: “(1) A list setting forth the name and address of a person whose expert opinion that party expects to offer in evidence at the trial. (2) A statement that the party does not presently intend to offer the testimony of an expert witness.” Code Civ. Proc. § 2034.260(b). Pursuant to Code of Civil Procedure section 203...

Excerpt: ... Inc. (2010) 191 Cal.App.4th 53, 63. To support a prayer for punitive damages, plaintiffs must allege ultimate facts supporting a finding of oppression, fraud or malice on the part of the defendant. Civil Code § 3294(a). Malice includes conduct which is intended by the defendant to cause 14 injury to the plaintiff, or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others....

Excerpt: ... party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) the likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party; and (4) the length of time elapsed between the ...

Excerpt: ...y Nos. 29 and 30. Plaintiff's responses are sufficient under the requirements of the Code of Civil Procedure. On or before September 4, 2020, plaintiff shall serve a further response to Special Interrogatory No. 28 which complies with the requirements of Code of Civil Procedure section 2030.220. The parties' requests for sanctions are denied. Motion to Compel Further Responses to Requests for Production of Documents (RFP Nos. 1‐7, 9‐11 and 27...

Excerpt: ... determination establishes an initial presumption of fairness…” In re General Motors Corp. (3d Cir. 1995) 55 F.3d 768, 784. “[I]f the proposed settlement appears to be the product of serious, informed, non‐collusive negotiations, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the class, and falls within the range of possible approval, then the court should direct that ...

Excerpt: ...Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed 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 assert six causes of action including (1) fraud in the inducement – intentional misrepresentation; (2) negligent misrepresentation; (3) fraud in the inducement – concealment; (4) fraud in the performance of...

Excerpt: ...fornia limited liability company, dba Sunstor Solar Electric (“Sunstor”). A party may demur where the pleading does not state facts sufficient to 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 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 matte...

Excerpt: ...t for judicial notice is granted. Defendant Berthel Fisher & Company Financial Services moves for judgment on the pleadings as to plaintiffs' complaint. A motion for judgment on the pleading may be granted where the complaint does not state sufficient facts to constitute a cause of action. Code Civ. Proc. § 438(c)(1)(B)(ii). The motion has the same function as a demurrer but is brought when the time for a demurrer has expired. Code Civ. Proc. §...

Excerpt: ...ertification class discovery may be obtained, the court must employ the “Parris balancing test” by weighing the actual or potential abuse of the class action procedure against the potential benefits that might be gained. See Starbucks Corp. v. Superior Court (2011) 194 Cal.App.4th 820, 825; Parris v. Superior Court (2003) 109 Cal.App.4th 295. Mahabala argues that plaintiff's discovery responses are deficient, and fail to identify particular v...

Excerpt: ...en the chance to review Capital One's documents in advance of his deposition is speculative, and not supported by credible evidence. Plaintiff's request for sanctions is denied. Motion to Compel Deposition Defendant Wilmington Savings Fund Society FSB, d/b/a Christiana Trust's (“Wilmington's”) motion to compel deposition of plaintiff's person most knowledgeable is granted. Wilmington duly served plaintiff with a notice of deposition of its pe...

Excerpt: ...oundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 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 burden of proving, by a preponderance of the evidence, the existence of a valid arbit...

Excerpt: ...er for punitive damages, plaintiff must allege ultimate facts supporting a finding of oppression, fraud or malice on the part of the defendant. Civil Code § 3294(a). Malice includes conduct which is intended by the defendant to cause injury to the plaintiff, or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. Civ. Code § 3294(c)(1). Oppression includes despicable c...

Excerpt: ...riefs filed by the parties. The parties' requests for judicial notice are granted. Defendant Wilmington Savings Fund Society FSB, d/b/a Christiana Trust as Trustee for PNPMS Trust II (“Wilmington”) moves to dissolve, or alternatively modify, the preliminary injunction granted in this action in December 2018, which enjoined defendants from proceeding with a foreclosure of subject property. Pursuant to Code of Civil Procedure section 533, an in...

Excerpt: ...uding breach of contract, failure to disclose, negligence, negligent misrepresentation, intentional misrepresentation and fraudulent concealment. 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 moving party that carries this initial burden by proving, by a preponderance of the evidence, the existence of a valid arbitratio...

Excerpt: ... according to Water Audit, has for years blocked access to prime spawning grounds for protected fish. Respondent Nevada Irrigation District (“NID”) did not file an answer to the Petition. Instead, on January 30, 2020, the parties filed a fully executed stipulation for dismissal (“the Stipulation”). The Stipulation describes actions taken by NID with respect to Hemphill beginning in 2012, including actions to study or analyze removal or re...

Excerpt: ...ged in the second amended complaint. A party may demur to a complaint where the pleading does not state facts sufficient to 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 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 ...

Excerpt: ...ings, 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 the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The demurrer is sustained as to plaintiff's fourth cause of action for fraud. The elements for intentional misrepresentation are “(1) the ...

Excerpt: ...el arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. It is the moving party that carries this initial burden by proving, by a preponderance of the evidence, the existence of a valid arbitration agreement. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972. Petitioners meet their burden here. The court disagrees with plaintiff's contention that her claim for speci...

Excerpt: ...ion 533, an injunction may be modified or dissolved upon a showing that there has been a material change in the facts upon which the injunction was granted, that the law has changed, or that the ends of justice would be served by modification or dissolution. An injunction may be granted when it appears that the plaintiff is entitled to the demanded relief, and that plaintiff would suffer irreparable injury if the enjoined action 4 were allowed to...

Excerpt: ... Civil Procedure sections 12 and 12a. Ruling on Motion In the current motion, defendants seek judgment notwithstanding the jury's verdict in favor of plaintiff. They also seek the alternative relief of a new trial. The court will address each request separately. Judgment Notwithstanding the Verdict (JNOV) The authority to review a JNOV motion is proscribed by statute. “The court, before the expiration of its power to rule on a motion for new tr...

Excerpt: ...ruled. Ruling on Motion Plaintiff Barbara Farinha moves for preliminary approval of class action settlement. The court has broad discretion in determining whether (1) a settlement is fair and reasonable, (2) the class notice is adequate, and (3) certification of the class is proper. In re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389; Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 234‐235. 8 “[The] preliminary ...

Excerpt: ...”), but also determined that BBC's breaches did not cause damage to plaintiff Campus Oaks Apartments 1, LLC (“COA”). COA contends that a new trial should be granted because (1) the jury's verdict is unsupported by the evidence; and (2) the damages awarded are inadequate. The trial court's authority over a new trial motion is proscribed by statute. Code of Civil Procedure 657 provides, in part: “A new trial shall not be granted upon the gr...

Excerpt: ...nce; and (3) medical negligence, against defendants County of Placer, Devon Bell, and Does 1‐10. Defendants moved for judgment on the pleadings as to the second and third causes of action. On September 19, 2019, the court entered a ruling on submitted matter, granting defendants' motion for judgment on the pleadings without leave to amend. On January 15, 2020, the Third Appellate District filed notice that it was considering issuing a peremptor...

Excerpt: ...ble of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. As a preliminary matter, the court finds that the motion is not barred as untimely. Neither Civil Code section 3287 nor any other rule specifies when prejudgment interest mus...

Excerpt: ...guage of Code of Civil Procedure section 643(c) does not expressly allow for the filing of reply briefs when an objector files objections to a referee's recommendations. Monier's reply brief, however, is limited in scope and addresses a significant issue surrounding the payment of claims. The brief addresses further 3 legal arguments on issues raised by the parties. The court will consider Monier's reply brief in light of the significance of the ...

Excerpt: ...of Civil Procedure section 415.20(b), which states: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Servic...

Excerpt: ...t may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading”. Code Civ. Proc. § 473(a)(1). The court's discretion will generally be exercised liberally to permit amendments to pleadings, “at any stage of the proceedings, up to and including trial”. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761. However, the policy of liberality in permitting amendments to the complaint should be applied ...

Excerpt: ...or judicial notice is granted under Evidence Code section 452. Ruling on Motion In the current motion, defendants The Frank Law Group, P.C. and Brett Rosenthal seek summary judgment as to plaintiff's second cause of action for professional malpractice, which is the only remaining cause of action aimed at these defendants. The trial court engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope o...

Excerpt: ...mary judgment, or in the alternative, summary adjudication of plaintiff American River Bank's (“ARB's”) causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair business practices. 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. (200...

Excerpt: ... for a fixed or readily ascertainable amount not less than $500, that is unsecured or secured by personal property, and arising against a defendant who is a natural person for claims arising out of conduct by the defendant of a trade, business or profession. Code Civ. Proc. § 483.010(c). Damages must be measurable by reference to the contract itself, and the basis for computing damages must be reasonable and certain. CIT Group/Equipment Financin...

Excerpt: ...en moves to compel further responses to special interrogatories and requests for production of documents from defendant Hotel Heritage Group, Inc. (“HHG”). Precertification class discovery is not a matter of right. CVS Pharmacy, Inc. v. Superior Court (2015) 241 Cal.App.4th 300, 307. In determining whether discovery should be permitted, the court must employ the balancing test from Parris v. Superior Court (2003) 109 Cal.App.4th 285, 300‐30...

Excerpt: ... favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 7 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 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. The claims in this action arise fr...

Excerpt: ...e to duly served discovery requests. As conceded by defendants, defendants failed to provide identifying information relating to a fact witness who was a Lyft passenger in plaintiff's vehicle and who observed the car accident which is the subject of this action. This was despite the fact that documents in the possession of defendant Richard Montoya, and subsequently in the possession of defense counsel, contained this information. Plaintiffs cont...

Excerpt: ...s to the portion of a settlement representing payment for medical expenses, in order to determine the amount available to satisfy the lien. The court is to be guided by the United States Supreme Court decision in Arkansas Department of Health and Human Services v. Ahlborn (2006) 547 U.S. 268, in determining what portion of a settlement represents payment for medical expenses or medical care. The total settlement amount in light of the total claim...

Excerpt: ...otter's purchase of a 2012 Jeep Grand Cherokee. The complaint in this action was filed June 2, 2016. The parties settled the case on April 8, 2019, on the first day of trial. Defendants agreed to pay plaintiffs $122,000 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 i...

Excerpt: ...to 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 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 b...

Excerpt: ...ion, the court takes judicial notice of the entire file in this action. Cross‐complainants' objections to evidence are ruled on as follows: Objection Nos. 1, 2 and 4 are sustained. Objection No. 3 is overruled. Cross‐complainants' move for leave to amend their cross‐complaint. In determining whether leave to amend should be granted, the court is bound by Code of Civil Procedure section 426.50, which states: A party who fails to plead a caus...

Excerpt: ...ns 473(d), 473(b), or based on a lack of personal jurisdiction. As a preliminary matter, the court finds that Aizen was validly served with the summons and complaint in this matter, pursuant to Code of Civil Procedure section 415.20(b), which states: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be...

Excerpt: ...harges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary.” Ladas v. Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774. When the reasonableness of particular items is challenged, conclusory allegations do not satisfy the objecting party's burden. Id.; Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266. Alternatively, where items are properly put in issue by objection, the burden of proof is ...

Excerpt: ...jections to evidence are ruled on as follows: Objection Nos. 3, 5, 8, 9 and 10 to the declaration of Michelle Gallagher are sustained. Objection Nos. 1, 2, 5, 6 and 8 to the declaration of Anna Murphy are sustained. The remaining objections are overruled. Ruling on Motion Defendant and cross‐complainant Charley Smith, individually and as trustee of the Charley D. Smith Family Trust (“Smith”) moves for summary judgment of plaintiff and cross...

Excerpt: ...cedure section 1033(a) is denied. The court notes that plaintiff sought damages for actual medical expenses resulting from the incident, future medical expenses and general damages that far exceeded the jurisdictional maximum of a limited civil action. There is no showing that plaintiff acted unreasonably or in bad faith in asserting her claims. Defendant alternatively moves to tax discrete items of costs claimed by plaintiff. “If the items app...

Excerpt: ... letter to the Labor and Workforce Development Agency (“LWDA”) on February 6, 2019, alleging wage and hour violations against her former employer, defendant Williams‐Sonoma Stores, Inc. Farinha filed the complaint in this action on April 12, 2019, as a putative wage and hour class and representative action. Overton submitted a letter to the LWDA on May 2, 2019, alleging violations of the Labor Code and Industrial Welfare Commission Wage Ord...

Excerpt: ... overruled. Defendants' objections to evidence are ruled on as follows: Objection No. 4 is sustained. The remaining objections are overruled. 3 Ruling on Motion Defendants Madeline Yang (“Madeline”), Richard Yang (“Richard”) and Frieda Yang (“Frieda”) move for summary judgment with respect to plaintiffs' second amended complaint. The party seeking summary judgment bears the burden of showing there is no triable issue of material fact ...

Excerpt: ...evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 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. In...

Excerpt: ...nstitute 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 the accuracy of the described 9 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 j...

Excerpt: ...stitute 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 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 judi...

Excerpt: ...dure section 128.5. Pursuant to this statute, the court may order a party or counsel, or both “to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Code Civ. Proc. § 128.5(a). Defendants contend that plaintiff and his counsel should be ordered to pay their attorneys' fees because they filed ...

Excerpt: ...f 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 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 fa...

Excerpt: ...intiff's objections to the declaration of Gary Sage are overruled. Defendant's objections to evidence are ruled on as follows: Objection No. 1 is sustained. The remaining objections are overruled. Ruling on Motion 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). A defendant moving for summary judgment bears the burden o...

Excerpt: ...arty contends that there is no merit to the claim for punitive damages. Code Civ. Proc. § 437c(f)(1). A moving defendant has the initial burden of showing that a claim has no merit. 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. Code Civ. Proc. § 437c(p)(2). The trial court views the supporting evidence, and all inferences reasonably...

Excerpt: ...ual statements therein. The request for judicial notice is otherwise granted. Defendant BBV Profit Sharing Plan, a 401 K Deferred Compensation Retirement Plan (“BBV”) demurs to plaintiffs' third amended complaint. A party may demur to a complaint where the pleading does not state facts sufficient to 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 plainti...

Excerpt: ...led a dismissal of the action without prejudice. The memorandum of costs includes expert witness fees of $4,318.75, which are requested pursuant to Code of Civil Procedure section 998. Plaintiff moves to tax the expert witness fees on the grounds that defendant's Code of Civil Procedure section 998 offer was a token offer not made in good faith. 4 An offer to compromise under Code of Civil Procedure section 998 must be made in good faith, “real...

Excerpt: ...rief. Defendants' request for judicial notice is granted. Defendants County of Placer and Devon Bell move for judgment on the pleadings as to the complaint filed by plaintiff Barbara Boyle. A motion for judgment on the pleadings has the same function as a general demurrer, but is made after the time for demurrer has expired. Code Civ. 5 Proc. § 438. The same rules governing demurrers apply. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 9...

Excerpt: ...e arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2010) 189 Cal.App.4th 1399, 1405. “A strong public policy 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 12...

Excerpt: ...ied. Lexington was dismissed from this action on August 23, 2017. Although Lexington purports to move on behalf of defaulted defendants Energetic Painting & Drywall, Inc. and Energetic Lath & Plaster, Inc., Lexington has not intervened on behalf of these parties. Code of Civil Procedure section 583.310 states that “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” Code of Civil Proce...

Excerpt: ...ding or a portion of a pleading. Code Civ. Proc. § 435(b)(1). A motion to strike may be granted to strike irrelevant, false, or improper matters in a pleading; or to strike a pleading not drawn in conformity with the laws of the state or an order of the court. Code Civ. Proc. § 436(a), (b). Plaintiff establishes that defendant Promist Misting and Cooling Corporation, a California corporation dba Mistingpros Cooling Corporation's corporate statu...

Excerpt: ...ina Koga (“Koga”) demur to the first cause of action for elder abuse and second cause of action for wrongful death alleged in the second amended complaint. A party may demur to a complaint where the pleading does not state facts sufficient to 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 the accuracy of the described conduct....

Excerpt: ...t be answered completely, it shall be answered to the extent possible.” Plaintiff's responses to form interrogatory Nos. 7.1(c), 15.1 and 17.1 are insufficient as plaintiff does not respond completely to the interrogatory. Nor is plaintiff's failure to respond completely to each interrogatory excused by its responses to other discovery requests. Plaintiff shall serve further verified responses to form interrogatory Nos. 7.1(c), 15.1 and 17.1, w...

Excerpt: ... Code Civ. 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. Evan...

Excerpt: ...an unlawful detainer action may be brought at any time after the answer is filed upon five days notice. Code Civ. Proc. §1170.7. 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. The moving party has the burden of showing, by affidavit, facts establishing every elemen...

Excerpt: ... Evidence Defendants' request for judicial notice is granted. While the court takes judicial notice of the existence of trial testimony of Bill Posey, the court may not take judicial notice of the truth of Mr. Posey's statements. Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882. Defendants' objections to the declaration of Terence McGee, M.D., are overruled. Plaintiffs' objections to defendants' reply...

Excerpt: ...ily Trust”) move to quash or modify three depositions subpoenas served on U.S. Bank National Association, Sterling Bank and Southern Bank. Moving parties assert that particular requests for documents within the subpoenas are not reasonably particularized and seek documents protected by Canel and the Canel Family Trust's constitutional right to privacy. Broadly, the specific document requests to which moving parties object seek loan applications...

Excerpt: .... 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 summary judgment bear the burden of persuasion that one or more elements of the causes of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001)...

Excerpt: .... (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 submits evidence which establishes that the parties entered into an agreement whereby plaintiff extended a line of credit to defendant. (SSU...

Excerpt: ...s frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al. (2010) 189 Cal.App.4th 1399, 1405.) “A strong public policy 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...

Excerpt: ...on defendant Scottish American Insurance General Agency, Inc. on March 24, 2018. Defendant served responses on May 14, 2018. Defendant's responses are a hybrid of objections and statements of compliance, and the responses are unverified. When a response contains both agreements to comply and objections, the response must be verified. (See Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657.) Unverified responses “are...

Excerpt: ...ent with or supported by the facts in the case. (Code of Civil Procedure section 663(1); see Glen Hill Farm, LLC v. California Horse Racing Bd. (2010) 189 Cal.App.4th 1296, 1302.) A motion to vacate does not allow for a reweighing of the facts. (Simac Design, Inc. v. Alciati (1979) 92 Cal.App.3d 146, 153.) Defendant has failed to make a sufficient showing the judgment is based upon an incorrect or erroneous legal basis. Plaintiff's sister state j...

Excerpt: ...2019, at 8:30 a.m. in Department 33. Motion for Protective Order Plaintiffs move for a protective order with respect to 42,199 written discovery requests propounded by defendants. The court may issue a protective order to protect a party from “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense”. Code Civ. Proc. §§ 2030.090(b); 2033.080(b); 2031.060(b). Defendants have propounded approximately 59 form interrogat...

Excerpt: ...A party may demur to a complaint where the pleading does not state facts sufficient to 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 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. De...

Excerpt: ...er County, et al., Placer Court Case No. SCV‐38666; 2 and the pending appeals before the Third District Court of Appeal, the court determines that a stay of the action pending appeal is appropriate. The case is stayed and the current motion is dropped subject to re‐noticing when the stay is lifted. ...

Excerpt: ...aint where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) A demurrer tests the legal sufficiency of the pleadings, 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 pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp...

Excerpt: ....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 complaint fails to allege sufficient facts to support any claim against defendant Michael Blore individually as there are insufficient factual allegations of personal liability against Mr. Blore. The remainder of the allegations are suffici...

Excerpt: ... determine the eligibility of individual class members. Specifically, Monier needed to identify when a potential class member was exposed to a statement, falling under the proviso, in order to determine whether the individual claim was barred by the statute of limitations. Monier should be afforded the ability to determine when a potential class member was exposed to a statement for the purposes of determining eligibility of that individual class...

Excerpt: ...nd reasonable. Defendant's Section 998 offer was made in good faith and realistically reasonable under the circumstances that existed at the time of the offer. (Elrod v. Oregon Cummins Diesel, Inc. (1987) 195 Cal.App.3d 692.) Defendant is awarded $22,352.89 in costs. ...