Excerpt: ...e substantially code compliant and (2) the failure to timely respond was the result of mistake, inadvertence, or excusable neglect. (Ibid.) Defendant has made a sufficient showing to warrant relief from the waiver. This leaves the competing requests for sanctions brought by both parties. The court is compelled to note this request is not one that should have required court intervention. Both counsel play a technicalities game that assists neither...

Excerpt: ...ustin Naranjo are ruled on as follows: Objection Nos. 1, 3, 4, 5, 9 and 10 are sustained. The remaining objections are overruled. Defendants' objections to the declaration of Sophia Perez are ruled on as follows: Objection Nos. 1, 3, 4, 5, 6, 10 and 11 are sustained. The remaining objections are overruled. Defendants' objections to the declaration of Anna Taran are ruled on as follows: Objections Nos. 1, 2, 4, 5, 6, 7, 10 and 11 are sustained. Th...

Excerpt: ...e standards set forth in Tech‐Bilt v. Woodward Clyde & Associates (1985) 38 Cal.3d 488, the settlement at issue is within the reasonable range of the settling cross‐defendant's proportionate share of liability for plaintiffs' injuries and therefore is in good faith within the meaning of Code of Civil Procedure section 877.6. Cross‐Defendant California Mantel & Fireplace, Inc.'s Motion for Determination of Good Faith Settlement The motion is...

Excerpt: ...ervices v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The court reviews the subrogation complaint keeping these principles in mind. Defendants challenge both causes of action in the complaint, asserting a lessee cannot be held responsible for negligently causing fire damage where the lessor's insurance policy is for their mutual benefit. (W. Heritage Ins. Co. v. Frances Todd, Inc. (2019) 33 Cal.App...

Excerpt: ...d conduct. (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.) The current challenge is reviewed keeping this in mind. A review of the breach of contract claim reveals it is deficiently pleaded against the cross‐defendants. First, the allegations do not sufficiently allege crosscompla...

Excerpt: ...blished 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 Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) The court reviews the claims k...

Excerpt: ...little relevance to the matter pending before the court. Ruling on Demurrer In this instance, defendants demur to the single PAGA cause of action alleged in the original complaint. A demurrer is reviewed under well established principles. The complaint is read as a whole giving the pleading and its parts a reasonable interpretation. (Brown v. Ralphs Grocery Co. (2018) 28 Cal.app.5th 824, 833‐834.) All properly pleaded factual allegations and ma...

Excerpt: ...eclaration. Ruling on Motion Plaintiff seeks an order to enforce a particular portion of the parties' settlement agreement. Specifically, plaintiff seeks an order for sale of the property located PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 3 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR SEPTEMBER 23, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 3 Thursday Civil Law and Motion – Tentative Rulings Page ...

Excerpt: ...ires Direct's demurrer to the complaint. The hearing on this motion, however, was set a few weeks after Tires Direct's demurrer. Asghar also did not file any supporting documents in conjunction with this motion, which presented the venue challenge as being improperly filed. It is also noted Tires Direct's demurrer did not mention Asghar's venue challenge. Further, Tires Direct did not file its nonopposition to the venue challenge until a day afte...

Excerpt: ...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 matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App...

Excerpt: ...ants' request for judicial notice under Evidence Code section 452. Ruling on Motion In the current motion, defendants seek to expunge the lis pendens filed on April 15, 2020. The review for a motion to expunge lis pendens differs when it is brought after judgment in a case has been entered. The subject relief is generally required unless there is a pending appeal. (Amalgamated Bank v. Superior Court (2007) 149 Cal.App.4th 1003, 1015.) In this ins...

Excerpt: ...nt motion is a renewal motion pursuant to Code of Civil Procedure section 1008(b) lacks merit. Code of Civil Procedure section 1008(b) states: A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made b...

Excerpt: ...hat Ryan's moving papers argue that the entire FAC should be dismissed. Ryan argues that the FAC fails to join an indispensable party to the action. A party is considered indispensable if: (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or imp...

Excerpt: ..., 374; StorMedia, Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9. The court may also take judicial notice of the legal effect of a document's language where that effect is clear. Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; see also McElroy v. Chase Manhattan Mortgage Corp. (2005) 134 Cal.App.4th 388, 394. Plaintiff's objections to evidence are ruled on as follows: Objection Nos. 1, 2, 3, 6...

Excerpt: ...al notice of the legal effect of a document's language where that effect is clear. Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; see also McElroy v. Chase Manhattan Mortgage Corp. (2005) 134 Cal.App.4th 388, 394. With respect to Exhibit 4, the court takes judicial notice of the 2009 loan modification agreement, but not numerous related documents included within the exhibit which do not constitute the ...

Excerpt: ...no showing of prejudice to the opposing 4 party. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428; Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158. Defendants fail to establish prejudice sufficient to deny plaintiff's motion. Given that it is plaintiff's burden to establish the elements of each of the alleged causes of action, including in some cases scienter and intent, the court is not persuaded that decedent Herbert Fei...

Excerpt: ...y judgment as to the claims alleged in plaintiff and cross‐defendant Van Jordan's (“plaintiff's”) complaint and defendants' second amended cross‐complaint. 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...

Excerpt: ...ds should have been paid to them, instead of being interpled. 4 Pacific Loan Mgmt. Corp. v. Superior Court (1987) 196 Cal.App.3d 1485, 1489. Further, the order may not be made contingent upon plaintiff's compliance with alleged pending discovery obligations. Turning to the issue of plaintiff's requested fees and costs, the court may award plaintiff its reasonable attorneys' fees and costs incurred in this action pursuant to Code of Civil Procedur...

Excerpt: ... 30, 2020, by plaintiffs Jeannie Depalma (“Depalma”) and Patrick Shields, who allege that Depalma was injured when she slipped and fell on an unknown substance on the floor at defendant's premises. In its case management statement filed October 22, 2020, defendant acknowledged that Depalma “alleges that she slipped on water that had leaked from the ceiling HVAC system”. (Defendant's Case Management Statement filed October 22, 2020.) In th...

Excerpt: ... motion to strike under Code of Civil Procedure section 436 lies against a claim for punitive damages where the facts alleged do not rise to the level of malice, fraud or oppression required to support such an award. Turman v. Turning Point of Central Cal., Inc. (2010) 191 Cal.App.4th 53, 63. 5 To support a prayer for punitive damages, plaintiff must allege ultimate facts supporting a finding of oppression, fraud or malice on the part of the defe...

Excerpt: ...d by the law firm Ogletree, Deakins, Nash, Smoak & Stewart, P.C. On October 27, 2020, counsel moved to be relieved as counsel. The motion to be relieved was granted on December 11, 2020, and was effective on December 15, 2020, leaving Sunfinity‐Solar‐CA, LLC without legal representation in this pending action. According to Sonji Winters, senior counsel and chief human resources officer for moving defendant, she took over responsibility for th...

Excerpt: ... enjoining defendants Chambers Landing Homeowners Association and Chambers Landing Recreation Association from allowing the Chambers Landing Bar & Grill to cook or grill hamburgers and other high lipid foods, and use their deep fryers, pending trial. 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...

Excerpt: ...isfactorily addressed by the parties in the first round of filings, and that it ordered a subsequent oneweek continuance of the hearing in order to complete review of the parties' substantial supplemental filings. Any implication that the hearing and motion have not proceeded as they otherwise should have or that the court has unreasonably delayed hearing the motion is not well taken. Plaintiffs Helio Fialho and Therese Fialho, as trustees of the...

Excerpt: ...ment Center's (“HCC's”) cross‐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 allegations in the pleadings are deemed to be true no mat...

Excerpt: ...n for new trial may not be used to challenge a pre‐trial motion which does not result in a judgment. In re Marriage of Veilock (1978) 81 Cal.App.3d 713, 719. Accordingly, the motion must be denied as it pertains to entry of default judgment against Zenaida Graves and denial of defendant's motion for sanctions. With respect to the court's ruling on plaintiff's motion for summary judgment, defendant argues that the court erred by not granting def...