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Location: Placer x
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2023.10.10 Motion to Tax Costs 129
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2023.10.10
Excerpt: ... Process re Dr. Bergeson $0,395.00 Item 14— Electronic Filing/service Fees Incurred After July 30, 2021 $0,101.03 TOTAL $3,068.97 Plaintiff's memorandum of costs, filed on August 10, 2023, is taxed by $3,068.97. Plaintiff is awarded $14,092.59. Plaintiff Lachlynn Lusk's Motion to Tax Costs The motion is granted in part. The current request involves a challenge to the recovery of costs after the tender of a viable Code of Civil Procedure section...
2022.10.20 Motion to Compel Arbitration and Stay Proceedings 486
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.20
Excerpt: ...act (RISC) executed by plaintiffs and Auburn Honda. Plaintiffs purchased a new 2022 Honda Civic from Auburn Honda, who is not named as a defendant in this action. Defendant relies on the arbitration provision found in the RISC, where plaintiffs agreed to arbitrate with Auburn Honda regarding: “Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbi...
2022.10.20 Demurrer, Motion to Strike FAC 134
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.20
Excerpt: ...l Procedure section 430.10(e).) This is compared to a motion to strike, which challenges a portion of a pleading that is irrelevant, false, or improperly pleaded. (Id. at section 437(a).) A motion to strike is the common method used to challenge the sufficiency of punitive damages allegations. (see Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) The court reviews the request as seeking to strike the punitive damage...
2022.10.20 Demurrer to SAC 160
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.20
Excerpt: ...efendants challenge both the sufficiency of the allegations within all three pleaded causes of action along with challenging the standing of the plaintiffs to bring the wrongful death and survivor claims. A demurrer tests the legal sufficiency of the pleading, 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...
2022.10.20 Demurrer 466
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.20
Excerpt: ...'s chosen allegations do not meet the basic pleading requirements in this instance. Specifically, plaintiff does not sufficiently allege the basis for recovery against defendant. Plaintiff alleges there was a prior lease agreement involving a former tenant and defendant occupied the premises with the former tenant. However, plaintiff does not allege any of the terms of this prior lease agreement or whether that agreement identified other occupant...
2022.10.20 Anti-SLAPP Motion 326
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.20
Excerpt: ...n Motion In the current challenge, defendants seek to strike the entirety of the complaint and all pleaded causes of action pursuant to Code of Civil Procedure section 425.16(c)(1). Section 425.16, commonly referred to as the anti‐SLAPP statute, applies to causes of action brought against a defendant arising from acts in furtherance of a person's right of petition or free speech. The anti‐SLAPP statute creates “a two‐step process for dete...
2022.10.13 Demurrer to SAC 414
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.13
Excerpt: ...complaint, granting plaintiff leave to amend. On April 14, 2022, the court sustained defendants' demur to plaintiff Grand's FAC. In doing so, the court specified that plaintiff Grand was granted leave to amend only as to the first, second, third, fourth, fifth and tenth causes of action. The court sustained defendants' demur to the sixth, seventh, eighth and ninth causes of action without leave to amend. Plaintiff Grand obtained an extension of t...
2022.10.13 Demurrer 250
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.13
Excerpt: ...ay or must take judicial notice.” (Aaronoff v. Martinez‐Seftner (2006) 136 Cal.App.4th 910, 918.) The court reviews the complaint keeping this in mind. The applicable statute of limitations for personal injury claims is two years from the wrongful act. (Code of Civil Procedure section 335.1.) A review of the allegations within the complaint shows that each of the two causes of action for motor vehicle negligence are based upon injuries that o...
2022.10.06 Motion to Dismiss 656
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.06
Excerpt: ...2) states that a court may dismiss the complaint after a demurrer is sustained with leave and the plaintiff fails to amend within the time allotted by the court. Dismissal here is discretionary; the court has discretion to accept an untimely amended pleading. (Harlan v. Department of Transportation (2005) 132 Cal.App.4th 868, 873.) The delay in filing the SAC was brief. Plaintiff filed the SAC five days after the timeline set by the court. The em...
2022.10.06 Motion for Final Approval of Class Action and PAGA Settlement 826
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2022.10.06
Excerpt: ...t of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through armslength bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is exp...
2021.09.02 Demurrer 161
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.09.02
Excerpt: ... here are at the heart of the dispute between the parties. The documents are extrinsic evidence submitted in an attempt to broaden review beyond the scope of the allegations within the complaint, which is improper. A court cannot convert a demurrer into an PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR SEPTEMBER 2, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTME...
2021.09.02 Demurrer 167
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.09.02
Excerpt: ...the dispute between the parties. The document is extrinsic evidence submitted in an attempt to broaden review beyond the scope of the allegations within the complaint, which is improper. A court cannot convert a demurrer into an incomplete evidentiary hearing through the submission of extrinsic evidence under the guise of a judicial notice request. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114‐115.) Ruling on De...
2021.09.02 Motion for Reconsideration 160
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.09.02
Excerpt: ...equires the moving party to present new or different, facts, circumstances, or law that were unavailable at the time the order was made. (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212‐213.) This requires a showing that the moving party could not reasonably have discovered or produced the information at the time of the hearing. (Ibid; Garcia v. Hejmadi (1997) 58 Cal.app.4th 674, 690.) Ms. Casetta has made no such showing h...
2021.08.26 Special Demurrer to PAGA Claim 676
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.26
Excerpt: ...n. (Code of Civil Procedure section 430.10(c).) Under a statutory plea of abatement the pendency of an earlier action arising from the same transaction and between the same parties is grounds for abatement of the second action. (People ex rel. v. American Autoplan, Inc. (1993) 20 Cal.App.4th 760, 770.) Here, defendant has not made a sufficient showing in support of statutory abatement. A PAGA claim is brought by an employee who acts a proxy for t...
2021.08.26 Petition to Compel Arbitration 722
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.26
Excerpt: ...tration where there is a written contract involving interstate or foreign commerce or maritime transactions. (9 U.S.C. §§1, 2.) Where the FAA governs, conflicting state law is preempted under the Supremacy Clause. (AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333; 131 S.Ct. 1740, 1745‐1746.) Thus, the first step of the inquiry is to determine whether the subject arbitration provision is governed by the FAA. To reiterate, the FAA applies t...
2021.08.26 Motion for Summary Judgment, Adjudication 624
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.26
Excerpt: ... sale of the subject property. Plaintiff's request is granted as to Exhibit 1. The remainder of plaintiff's request for judicial notice is denied. /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR AUGUST 26, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 12 Ruling on the Motion In the current r...
2021.08.26 Motion for Summary Judgment 042
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.26
Excerpt: ...edure section 437c(c).) 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.) In this instance, defendant has made a sufficient showing regarding the applicability of the Privette doctrine. There is a presumption that an independent contr...
2021.08.26 Motion for Final Approval of Class Action Settlement, Attorney Fees 085
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.26
Excerpt: ...nsuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through arms‐length bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court P...
2021.08.19 Motion to Strike SAC or Quash Service of Summons 944
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.19
Excerpt: ...nt should be stricken since cross‐complainant did not serve the pleading within 30 days of issuance of the summons. Such relief is not proper under the circumstances. A cross‐complaint is subject to discretionary dismissal when the cross‐defendant is not served within two years after the action is commenced. (Code of Civil Procedure sections 583.420(a), 583.110.) The cross‐complainant may avoid discretionary relief by making a showing of ...
2021.08.19 Motion to Set Aside Default 582
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.19
Excerpt: ...nt of $1,000, under Code of Civil Procedure section 473(c)(1)(B). A party may seek leave from a default within a reasonable time, no later than six months after its entry, upon a showing of mistake, inadvertence, surprise, or excusable neglect. (Code of Civil Procedure section 473(b).) A court shall grant relief, when timely brought and presented in the proper format, where an attorney submits a sworn affidavit attesting to the attorney's mistake...
2021.08.19 Motion to Compel Further Responses 338
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.19
Excerpt: ...nctions should be awarded upon the failure of the responding party to timely respond. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 410‐411.) The court has carefully reviewed the declarations of counsel submitted in support of their respective positions. The circumstances surrounding the delay in responses may have initially been justifiable. However, the exceedingly lengthy period of time it...
2021.08.12 Motion to Quash Service for Lack of Personal Jurisdiction 907
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.12
Excerpt: ... 19, 20, 21, 22, 23, and 24 are overruled. Ruling on Motion Defendant SGE moves to quash service for lack of jurisdiction. Defendant SGE opposes the court exercising jurisdiction over it in this California action involving injury to a California plaintiff who was injured in Utah. On the other hand, plaintiff asserts this court has specific jurisdiction over SGE. California courts may exercise jurisdiction on any basis so long as it is not inconsi...
2021.08.12 Motion for Summary Judgment, Adjudication 594
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.12
Excerpt: ..., fourth, and sixth causes of action are brought against Strauch & Company, who was dismissed from the action on January 27, 2021. The court file does not reflect there have been any amendments to allege these three claims against the moving defendants. In light of the posture of the court file, the court declines to entertain the motion as to the third, fourth, and PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HON...
2021.08.12 Demurrer 975
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.12
Excerpt: ...athaway, James Middleton, Alliance United Insurance Company, and SelfServe Petroleum dba Gas & Shop. After issuance of the summons, but before PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR AUGUST 12, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 16 of 25 providing proof of service, plaintiff dismis...
2021.08.05 Demurrer 468
Location: Placer
Judge: Wachob, Charles D
Hearing Date: 2021.08.05
Excerpt: ... 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. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court reviews the demurrer keeping this in mind. In paragraph 20, plaintiffs allege “Corcoran acquired Oliver Luxury Real Estate in 2020, and that Corcoran lists Defendants Michael Oliv...

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