Excerpt: ...) and Bank of Stockton (“the Bank”) pursuant to Code of Civil Procedure sections 1281.97 and 1281.99. Code of Civil Procedure section 1281.97(a) states: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration administrator, the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an arbit...

Excerpt: ...0(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. Bader 13 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. The demurrer is sustained as to plaintiff's third cause of action for fraudulent inducement...

Excerpt: ...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. The demurrer is overruled with respect to plaintiff's first cause of action for breach of contract. Plaintiff alleges various terms of a combined verbal and written agreement with defendant Jay Kapila (“Kapila”), including a promise that he would be employed at a base salary of $200...

Excerpt: ...he accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are 10 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 with respect to plaintiff's third cause of action for violation of the Ralph Civil Rights Act. Civil Code section 51.7(b) states: All persons within the jurisdiction...

Excerpt: ...ode 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.3d 593, 604. The demurrer is sustained as to plaintiff's second cause of action for ...

Excerpt: ...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.3d 593, 604. Plaintiff's first amended complaint describes two promises made by Valliere. First, Valliere promised that if plaintiff gave her funds to construct improvements on her property, ...

Excerpt: ...ction with discussions regarding a deposition of defendants' person most qualified, counsel for the parties discussed a continuance of the trial date and the hearing on the summary judgment motion. Defense counsel notified plaintiff's counsel that he was in agreement to continue the trial date approximately two months, and to continue the hearing on the summary judgment motion four weeks. Plaintiff's counsel responded, “[t]hat works for me.” ...

Excerpt: ...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 4 unnecessary delay.” Code Civ. Proc. § 128.5(a). The imposed sanction may also “consist of, or include, directives of a nonmonetary nature.” Code Civ. Proc. § 128.5(f)(2). The basis of the motion, as set forth in the notice ...

Excerpt: ...plication or stipulation of the parties. The case has also involved a significant amount of law and motion practice, including 11 separate discovery motions. Code of Civil Procedure section 438(e) states that “[n]o motion may be made pursuant to this section if a pretrial conference order has been entered pursuant to Section 575, or within 30 days of the date the action is initially set for trial, whichever is later, unless the court otherwise ...

Excerpt: ...ecords Act (PRA). Pursuant to Government Code section 6259(d), “[t]he court shall award court costs and reasonable attorney's fees to the requester should the requester prevail in litigation filed pursuant to this section.” An award of fees and costs pursuant to this provision is mandatory if the plaintiff prevails. Belth v. Garamendi (1991) 232 Cal.App.3d 896, 899‐900. In PRA litigation, a losing plaintiff who does not achieve a favorable ...

Excerpt: ...”), which Smith has been obligated to pay based on an indemnity provision in the agreement between Smith and ATC. First, as to the indemnity judgment against Smith, Smith fails to establish that he is contractually entitled to recover that amount from plaintiff Anna Murphy (“Murphy”). Attorneys' fees are sought pursuant to a provision in the Contract for Deed between Smith and Murphy, which states: Attorney Fees. Mediation first, then if li...

Excerpt: ...contents of other documents. The objections to the Declaration of David Price are otherwise overruled. Defendant Jennifer Wilson's objections to the Declaration of Ryan Meyer are ruled on as follows: Objection Nos. 13‐16 are sustained on the grounds that the statements lack foundation, constitute inadmissible hearsay, and/or constitute improper expert opinion. Defendant Jennifer Wilson's objections to the Declaration of William J. Fimple are ru...

Excerpt: ...s, LLC, on behalf of Air Methods Corporation. The present motion was filed concurrently with a petition to approve minor's compromise for plaintiff. Pursuant to Probate Code section 3601, in making an order approving a minor's compromise, the court is bestowed with broad power to authorize payment from the settlement. The statute empowers the court to determine reasonable expenses to be paid to doctors or other providers who are not parties to th...

Excerpt: ...2d 274, 278. In this case, defendant establishes an intentional relinquishment of the tax return privilege by plaintiffs. First, plaintiffs affirmatively stated in verified discovery responses that they intended to produce their W2s and 1099s for the period 2003‐2019, and that information sought by defendant in discovery could be obtained from such documents. Second, plaintiffs did in fact produce partial tax returns, before then claiming the p...

Excerpt: ...ge a lis pendens on the grounds that the complaint does not contain a real property claim, or on the grounds that claimant has not established by a preponderance of the evidence the probable validity of any real property claim. Code Civ. Proc. §§ 405.31, 405.32. A real property claim means “a cause of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of ...

Excerpt: ...February 2, 2021. On plaintiff's claim for conversion, the court awarded damages in the amount of $11,780.39, plus interest at the rate of ten (10) percent per annum from July 26, 2019, to the date of entry of judgment. Plaintiff requests that the award of prejudgment interest be fixed in the total amount of $1,797.72. Pursuant to Civil Code section 3287(a): A person who is entitled to recover damages certain, or capable of being made certain by ...

Excerpt: ...adings, 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. Plaintiff's first cause of action alleges violation of civil rights under 42 U.S.C. section 1983. Plaintiff alleges that on September 22, ...

Excerpt: ...ficiency 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. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. The court does ...

Excerpt: ... order to show as to whether defendant should not be enjoined from construction, modification and/or installation on plaintiffs' property, including construction, modification and/or 8 installation on the steel retaining wall system and revetment wall, that would compromise the structural integrity of any structures on the property, including but not limited to the single family home and the steel wall system, until further order of the court. Th...

Excerpt: ...rneys' fees and costs to the extent they were reasonable and necessary costs of enforcing the judgment. In assessing the reasonableness of judgment creditor's request, the court has reviewed the papers filed in support of and in opposition to the motion, as well as the entire file in this action, and draws upon its experience in assessing fee requests for cases of this type. Judgment creditor requests fees totaling $15,128.50, and costs totaling ...

Excerpt: ...ation of the private attorney general doctrine, which allows for the recovery of attorneys' fees where an action enforces an important public policy. (Maria P. v. Riles (1987) 43 Cal.3d 1281, 1288‐1289.) An award of attorneys' fees under Section 1021.5 requires the moving party to show the action resulted in the enforcement of an important right affecting the public interest. (Vasquez v. State of California (2008) 45 Cal.4th 243, 250‐251.) In...

Excerpt: ...is directed to issue a writ of possession for the Property. The court finds that defendant currently has no interest in the Property, and therefore waives plaintiff's undertaking requirement. Code Civ. Proc. § 515.010(b). In 5 order to prevent plaintiff from taking possession of the Property, defendant will be required to post an undertaking in the amount of $141,800. Code Civ. Proc. §§ 515.010(b), 515.020. Defendant is directed to transfer po...

Excerpt: ...t claimant has not established by a preponderance of the evidence the probable validity of any real property claim. Code Civ. Proc. §§ 405.31, 405.32. A real property claim means “a cause of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading”. Code Civ. Proc. § 405.4. In this case, plaintiffs alleged real prope...

Excerpt: ...court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any … resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence...

Excerpt: ...prejudgment interest pursuant to Civil Code section 3287(a), or alternatively, Civil Code section 3287(b). Crosscomplainants prevailed in this action on their breach of contract claims, and were awarded damages against cross‐defendants Essential Mechanical Services, Inc. (“EMS”) and Tim Gerhardt (“Gerhardt”) in the total amount of $1,677,967.12. Pursuant to Civil Code section 3287(a): A person who is entitled to recover damages certain,...