Excerpt: ... motion. The court declines to provide any further continuance for the purposes of discovery. While plaintiffs do have a right to conduct discovery of the jurisdictional facts necessary to sustain their burden of proof, they must also demonstrate that discovery will likely lead to the production of evidence establishing jurisdiction. (In re Automobile Antitrust Cases I and II (2005) 135 Cal.App.4th 100, 127.) Plaintiffs make a general request for...

Excerpt: ...cle XI, Section 1(b) of the California Constitution by depriving the Placer County Board of Supervisors of its constitutional authority to set employee compensation. Respondent goes on to challenge the second and third causes of action as derivative of the first cause of action, failing to allege additional facts to support any separate legal theory. A demurrer is reviewed under well‐established principles. A party may demur where the pleading ...

Excerpt: ...75, 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.) Further, a complaint must be liberally construed with all inferences drawn in favor of plaintiff. (Code of Civil Procedure section 452; Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 43, fn. 7; Perez v. Golden Empire Transit Dist. (2012...

Excerpt: ...se of action, a demurrer is reviewed under wellestablished principles. A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action, testing the sufficiency of the pleading and not the truth of the allegations or the accuracy of the described conduct. (Code of Civil Procedure section 430.10(e); Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to b...

Excerpt: ...(Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 843.) The court reviews the motio...

Excerpt: ...ivil Procedure section 877.6. Defendants Aspen Earthworks, Inc. and Aspen Developers, Corp's Motion for Judgment on the Pleading as to Plaintiff's Complaint Ruling on Request for Judicial Notice The Aspen defendants' request for judicial notice is denied and plaintiff's objection no. 2 is sustained. They request the court take judicial notice of the original complaint filed by plaintiff, which was superseded through the filing of the first amende...

Excerpt: ...Hope shall provide verified responses, without objections, to form interrogatories, set one, within ten days of service of the signed order after hearing. Sanctions in the amount of $705.00 are imposed upon plaintiff Bank of Hope. The court notes plaintiff has engaged in a pattern of not responding to discovery propounded by defendants as seen in the court's prior orders after the June 18, 2020 hearings on defendants' discovery motions. Defendant...

Excerpt: ...duct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) In this vein, the allegations are deemed to be true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) A review of the allegations within the first amended cross‐complaint, when read in conjunction with the partnership agreement attached to the pleading, are sufficient to plead both breach of fiduciary duty and neglige...

Excerpt: ...on no. 1. Ruling on Motion The motion is granted and defendants are awarded $18,060.00 in attorneys' fees. In the current request, defendants seek to expunge the lis pendens notice filed by plaintiffs on April 6, 2021 along with the related recorded document. The expungement of a lis pendens involves a two prong analysis. The first prong involves a review of the complaint to determine whether a real property claim is involved. (Code of Civil Proc...

Excerpt: ...iff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) In this vein, 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.) The demurrer is reviewed keeping this in mind. A review of the allegations within the complaint, when read as a whole and with the judicially ...

Excerpt: ...ation as to their first cause of action for quiet title and second cause of action for declaratory relief along with summary adjudication of the corresponding quiet title and declaratory relief claims alleged in defendant's cross‐complaint. The motion is improper to grant on procedural grounds since it is aimed at pleadings that have been superseded by amendments. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HON...

Excerpt: ...ode of Civil Procedure section 2030.290(c).) Nonetheless, 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. (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.) Plaintiff Northern California Collection Service, Inc.'s Motion to Compel R...

Excerpt: ... section 473(d). Defendants assert the court had no jurisdiction to enter either since they were not served, so the court did not have personal jurisdiction over them. The court may set aside a void judgment at any time. (Code of Civil Procedure section 473(d); OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318, 1327.) A judgment is only considered void on its face where a review of court records, without the aid of e...

Excerpt: ...s but noted she still had mood swings, irritable behavior, and difficulties sleeping. There are no updated medical records establishing Ava has completely recovered from the emotional issues, sleeping, and headaches as attested to in paragraph 8.a. in the petition. The current petition now attests that the monies will be transferred to a custodian for Ava's benefit under the California Uniform Transfers to Minors Act [UTMA]. The attachments to th...

Excerpt: ...complaint in this action does not pray for attorneys' fees. However “where a party's right to attorneys' fees rests on section 1717, the fact that the entire contract was before the court in the original action is a sufficient ‘pleading' to authorize an attorneys' fees award.” See PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR FEBRUARY 10, 2022 AT 8:30 A.M. PLAC...

Excerpt: ... 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. The complaint does not allege a valid cause of action for unlawful detainer. The complaint alleges the Tenant Protection Act of 2019 applies to this case. (Complaint para. 7(b).) Under this Act, when a landlord seeks at‐fault termination, the landlord must provide the t...

Excerpt: ...App.3d 593, 604.) Where a party has been previously granted leave to amend, the amendment may not extend beyond the scope of the court's prior permission. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) The allegations made in paragraphs 7 through 10, when read in conjunction with general allegations and breach of contract allegations within the first cause of action, are sufficient to allege a claim of breach of contract ag...

Excerpt: ...y is entitled to a judgment as a matter of law”, disposing of the entire action. (Code of Civil Procedure section 437c(c).) This is compared to summary adjudication, which disposes of one or more causes of action. (Code of Civil Procedure section 437c(f)(1).) The analysis for both challenges is the same. There are a few essential points the court focuses on when reviewing such a dispositive motion. The first involves a review of the operative p...

Excerpt: ...ned. The court is unable to rule on objections nos. 1 (to Exhibit No. 3) and 2 (to Exhibit No. 4) as the plaintiff did not file any documents containing the objected to exhibits. Ruling on Request for Judicial Notice Defendant's request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The motion is denied. In the current request, plaintiff appears to seek summary judgment as to both his complaint and the defendant'...

Excerpt: ...ion to strike require clarification here. A demurrer is brought to challenge the legal sufficiency of a pleading. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The analysis does not look to the truthfulness or accuracy of the allegations within the complaint. (Ibid.) The complaint is read to deem all material facts as true even if the truth of the facts seem improbable. (Gervase v. Superior Court (1995) 31 Cal.App.4th 1218, PLACER COUNTY S...

Excerpt: ...st for judicial notice is denied. Defendant William Palmer demurs to the fifth cause of action alleged in the first 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)...

Excerpt: ...ons The motion is granted. The matters encompassed in defendant Terri Brodsky's request for admissions, set two, nos. 13 through 21 are deemed admitted as to plaintiff Justin Mendoza. Sanctions in the amount of $1,170.00 are imposed upon plaintiff Justin Mendoza. Defendant Terri Brodsky's Motion to Compel Special Interrogatories at to Plaintiff Justin Mendoza and Sanctions The motion is granted. Plaintiff Justin Mendoza shall provide verified res...

Excerpt: ... 20, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 5 Ruling on the Motion In the current request, plaintiff seeks summary judgment or summary adjudication against all defendants other than Kimberly Sheetz. A motion for summary judgment in an unlawful detainer action may be brought at any time after the answer is filed upon five days' notice. (Code Civ. Proc., § 1170.7.) A ...

Excerpt: ...E HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR JANUARY 20, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 5 of 5 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. St...

Excerpt: ... seek to compel non‐party and counsel for defendants Damrell, Nelson, Schrimp, Pallios & Silva to produce documents falling under the attorney‐client privilege. Plaintiffs have not sufficiently shown a basis for production of these privileged documents nor have plaintiffs sufficient shown any waiver of the attorney‐client privilege by PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TE...