Excerpt: ...hat a less drastic sanction will not sufficiently address the discovery derelictions. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐ 797.) In light of the extreme effect of terminating sanctions, courts do not impose such a sanction lightly. The purpose of discovery sanctions is to prevent abuse of the discovery process and correct problems presented. (Do v. Superior Court (2003) 109 Cal.App.4th 1210, 1213‐1214.) It is not a weapon to prov...

Excerpt: ... Demurrer The demurrer is overruled. A demurrer is reviewed under well‐established principles. The sufficiency of the pleadings, not the truth of allegations or accuracy of the described conduct, is tested. (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Gomes v. Countrywide Home L...

Excerpt: ...Rulings Page 7 of 7 Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Ruling on Demurrer The demurrer is sustained with leave to amend. A complaint is subject to demurrer where it is brought by someone other than the real party in interest. (Pillsbury v. Karmgard (1994) 22 Cal.App.4th 743, 753‐754.) A trust is not a separate entity from a trustee, thusly an action cannot be...

Excerpt: ...rt also determines petitioner's opposition is timely and shall consider the filing. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR JANUARY 6, 2022 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 7 of 10 Objections Petitioner's objections are sustained in their entirety. Ruling on Motion The motion is denied...

Excerpt: ...– DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 10 Ruling on Motion In the current request, plaintiff seeks $4,805.82 in costs/expenses and $80,430.00 in attorneys' fees under Civil Code section 1794(d). Plaintiff seeks the award as the prevailing party after accepting defendants' Code of Civil Procedure section 998 offer. Turning first to the costs and expenses sought by plaintiff, the request is granted in its en...

Excerpt: ...ants' Motion for Monetary Sanctions and Punitive Damages Defendants' motion for monetary sanctions and punitive damages against plaintiffs' counsel pursuant to Code of Civil Procedure section 128.5 is denied. Defendants do not demonstrate compliance with the safe harbor provisions of the statute. Code Civ. Proc. § 128.5(f)(B). The court does not find that plaintiffs' filing of a memorandum of costs in this action was done in bad faith, frivolous...

Excerpt: ...was issued on October 21, 2021, narrowing the scope to four (4) separate categories of records for conduct prior to May 30, 2019 related to minor J.W., who plaintiff alleges sexually assaulted her. The parent of J.W. again objects to the production of any documents. The documents sought here are student educational records, which are confidential under both federal and state law. (20 U.S.C section 1232g(b)(1); Education Code section 49076.) Absen...

Excerpt: ...he motion is denied. 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 section 437c(c).) The moving party bears the initial burden of establishing that one or elements of a cause of action cannot be established or there is a complete defense to the cause o...

Excerpt: ...established or there is a complete defense to the cause of action. (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 Richfie...

Excerpt: ...sufficiency of the pleading, not the truth of the 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, 604.) The court reviews the FAC‐C keeping these principles in mind. Turning to the second cause of action, a breach ...

Excerpt: ...inst defendant. Nor can it be read that the alter ego allegations are applicable to other causes of action as the moving defendant is only named in the fifth causes of action. In light of these deficiencies, the demurrer is sustained in its entirety. A second amended complaint may be filed and served by December 17, 2021. Defendant Kara Schacke's Motion to Strike the First Amended Complaint (FAC) The motion is granted without leave to amend. A mo...

Excerpt: ... a reasonable belief that she would prevail on the issue of plaintiff's injuries when defendant denied RFAs nos. 9 and 18. Defendant, however, has not made a sufficient showing to support such a finding. To the extent defendant relied on the expert opinion of Dr. Peter Sfakianos, the evidence presented to the court shows Dr. Sfakianos identified soft tissue injury as a result of the collision. In light of this evidence, it was not reasonable for ...

Excerpt: ...there is a complete defense to the cause of action. (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 adjudication, 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 ...

Excerpt: ...y; (2) the diligence or lack of diligence in seeking discovery and the reasons discovery was not completed; (3) any likelihood that permitting the reopening of discovery would interfere with the currently set trial date; and (4) the length of time that has elapsed between the prior trial date and the currently set trial date. (Code of Civil Procedure section 2024.050.) In this instance, the moving party has not made a sufficient showing to suppor...

Excerpt: ... of the court. (Code of Civil Procedure section 436(a),(b).) In this instance, defendants seek to strike the prayer for damages and attorneys' fees alleged against them, asserting these allegations are improper since the claims against them do not warrant such relief. The court agrees. A review of the complaint shows the causes of action alleged against defendants include cancellation of instrument; PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LA...

Excerpt: ... Petitioner's objections. Petitioner testified on August 15, 2020, he was parked on the right side of the road, not blocking traffic, on his phone for about 15 to 18 minutes when contacted by Officer Wahl. (AR 113:19– 20; 114:2–10.) Officer Wahl wanted to take a breathalyzer, and when Petitioner said he wanted to speak to a lawyer, Officer Wahl arrested Petitioner. (AR 124:24–25; AR 125:9–12.) At the CHP office, Officer Wahl told Petition...

Excerpt: ... either category. There is nothing within the request to establish the document comes from the LWDA records, so it does not qualify as an official record under Evidence Code section 452(c). Nor can it be determined the contents of the letter are undisputed. Indeed, defendant's current challenge raises a dispute over the interpretation of the contents of the letter. Defendant's citations to unpublished federal cases to support judicial notice of t...

Excerpt: ...ror as opposed to presenting substantively new evidence. Nextitle's objections nos. 1 and 2 are overruled. Ruling on Motion The motion is denied. Initially, the court agrees with Nextitle's assertion that the fourth and sixth causes of action are no longer asserted against it. Nextitle was originally dismissed from the action and brought back as Doe 1. The fourth and sixth causes of action are not aimed at Doe 1. Thusly, the court reviews the cur...

Excerpt: ...tion The motion is denied. Skyline brings this motion seeking a new trial based upon (1) irregularities in the proceedings and (2) newly discovered evidence. (Code of Civil Procedure section 657(1), (4).) Skyline fails to make a sufficient showing to warrant a new trial. Skyline's primary contention focuses on purportedly newly discovered evidence. Specifically, Skyline asserts that the July 2021 letter drafted by defendant and attached to the co...

Excerpt: ...ppearance in this action. A special appearance is done so that a defendant can object to the court's jurisdiction, allowing the court to determine the sole issue of jurisdiction over the person. (see Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1036– 1037; Titus v. Superior Court (1972) 23 Cal.App.3d 792, 801.) Defendant Fullmer's opposition to the current request is substantive in nature, it does not oppose the court's jurisdic...

Excerpt: ...at the court strike Calder's fifth, sixth, seventh, eighth and ninth causes of action, and further requested that the court strike Paragraphs 75, 77, 109, 117, 131, 145 and 154, on the grounds that the claims and allegations arose from protected activity. The court granted Jarvis's motion as to the sixth cause of action, and Paragraphs 75, 109, and 117(B), (C) and (F). The motion was otherwise denied. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL ...

Excerpt: .... The remainder of the objections are overruled. Ruling on Application Plaintiff's application is granted subject to the posting of a $5,000 bond. The court may grant a preliminary injunction when it appears from the complaint that the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if the enjoined action were allowed to proceed. (Code of Civil Procedure section 526(a).) In making this determination,...

Excerpt: ...iled this amended answer. The court declines to take judicial notice of the document since it has not yet been filed with the court. Ruling on Petition The petition is granted. Initially, the court will not issue a statement of decision in this case. Defendant made a conditional request for a statement of decision in the event the court denied the petition. (Defendant's P&As, p. 14:23‐24.) The court grants the petition, thusly, there is no viab...

Excerpt: ...documents related to minor J.W., who plaintiff alleges sexually assaulted her. The parent of J.W. objects to the production of any documents. The documents sought here are student educational records, which are confidential under both federal and state law. (20 U.S.C section 1232g(b)(1); Education Code section 49076.) Absent parental consent, the records may only be disclosed via a court order or lawfully issued subpoena. (20 U.S.C. section PLACE...

Excerpt: ...llegations 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 court reviews the FAC keeping this in mind. A review of the allegations within the FAC, when they are read as a whole, shows that they are sufficient to support the first and second causes of action at this pleading stage. The demurrer is overruled as to the first ...