Excerpt: ...bed conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) For the purposes of a demurrer, the allegations in the pleading 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.) The court reviews the complaint keeping these principles in mind. The complaint does not identify the causes of action brought against the defendants in either the caption of the...

Excerpt: ... Tentative Rulings Page 3 of 30 expert witness whom that party has subsequently retained. (Code of Civil Procedure section 2034.610.) The court looks to several factors when considering the motion, which include whether the moving party will be prejudiced by the amendment. (Code of Civil Procedure section 2034.620.) Initially, defendants have made a sufficient showing to support the need to amend their expert witness disclosure based upon the abr...

Excerpt: ...sor's website. Defendant Sero Amusement Company (Sero) objects to the entirety of these documents as either (1) having an improper showing the documents were actually recorded, (2) inadmissible hearsay, and (3) improper foundation. None of these objections are well taken. The recorded documents submitted to the court include certifications from the Placer County Clerk‐Recorder's Office, sufficiently establishing they were recorded. While Sero i...

Excerpt: ...m. (In re Emery's Estate (1962) 199 Cal.App.2d 22.) The current guardian ad litem cannot simply withdraw from the action. He must bring a noticed motion and request a hearing seeking to withdraw along with discussing why a new guardian ad litem should not be appointed. (Ibid.) The court declines to consider any filings by plaintiff until such time as the issues surrounding the appointed guardian ad litem have been properly addressed. PLACER COUNT...

Excerpt: ...chool (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.) Plaintiff's complaint alleges six separate causes of action. The allegations within each claim are disjointed, partially illegible, and conclusory in nature, failing to sufficiently allege facts...

Excerpt: ...ils to submit a sufficient declaration showing Turner was properly served PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR APRIL 18, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 4 of 30 written discovery for this litigation. Furthermore, Turner has presented sufficient evidence to contradict proper s...

Excerpt: ...d the opposition papers plaintiff filed to the ex parte application on March 22, 2019. Ruling on Defendant's Request to Present Oral Testimony On April 5, 2019, defendant filed a “Notice of Intention to Introduce Oral Testimony at hearing to Disqualify Counsel”. Defendant failed to submit an application seeking the introduction of oral testimony as required under California Rules of Court, Rule 3.1306. Further, the notice fails to sufficientl...

Excerpt: ...uests on the grounds that the responses do not comply with Code of Civil Procedure section 2031.230. With respect to the production of documents, the motion is denied as moot. In opposition to the motion, the City represents that the subject documents were produced on January 17, 2019, the same date this motion was filed. Plaintiffs concede that the documents have now been produced. With respect to the wording of the City's responses, the motion ...

Excerpt: ...irectly by plaintiff in a case where the court has appointed a guardian ad litem for him. Plaintiff cannot file motions on his own behalf until such time as the court approves the withdrawal of the guardian ad litem. (In re Emery's Estate (1962) 199 Cal.App.2d 22.) The current guardian ad litem cannot simply withdraw from the action. He must bring a noticed motion and request a hearing seeking to withdraw along with discussing why a new guardian ...

Excerpt: ...on. Second, there is no proof of service in the file demonstrating defendant has been properly served. It is noted service under Code of Civil Procedure section 415.10 et seq. is required since the court file does not reflect defendant has been served with the summons and complaint. Third, it is unclear whether plaintiff has the capacity to bring the current motion. According to the allegations in the complaint, the plaintiff in this action is Li...

Excerpt: ...der Section 437c(b)(1). Ruling on Request for Judicial Notice Defendant's initial request for judicial notice and supplemental request for judicial notice are both granted under Evidence Code section 452. Indeed, judicial notice of such court records is mandatory under Evidence Code section 453 where the party makes a timely request, giving all adverse parties and the court sufficient notice to permit a response to it. (See 2 Jefferson's Californ...

Excerpt: ... representation that the corporation will take steps to remedy the suspension of its corporate status. (Green declaration ¶5.) The court declines to dismiss the action so as to afford the corporation time to revive its corporate status. Plaintiff shall provide an update to the court on the revivor of Mountain Counties Plumbing's corporate status, in addition to further information regarding plaintiff's pending bankruptcy, at the June 11, 2019 ca...

Excerpt: ...ibits A, B.) Defendant, however, has not sufficiently established the existence of a forum selection clause between the parties. Defendant submits a digital acceptance screenshot, stating it reflects plaintiff's acceptance of the agreement. (Id. at Exhibit B.) Neither the agreement nor the digital acceptance screenshot specifically identify plaintiff. (Ibid.) For his part, plaintiff submits a declaration stating his relationship with defendant be...

Excerpt: ... defendants proffer a position where plaintiffs did not make the vehicle substantively available for inspection. In presenting their papers, defendants do not appear to mention an August 24, 2018 ex parte application where defendants sought similar relief to what is requested in the current motion. At that time, plaintiffs filed an opposition framing the request as seeking a second inspection. The court denied the ex parte application but informe...

Excerpt: ...il Law and Motion – Tentative Rulings Page 4 of 7 The motion is granted. Civil Code section 3426.4 allows a prevailing party to recover attorney's fees where a misappropriation claim is made in bad faith. A determination of bad faith, for the purposes of Section 3426.4, is made where the moving party establishes both (1) objective speciousness of the claim and (2) subject bad faith in bringing or maintaining the action. (Cypress Semiconductor C...

Excerpt: ...ond. (see Lieberman v. Aetna Ins. Co. (1967) 249 Cal.app.2d 515, 523‐524.) The mistake must also be reasonable and justifiable. (Anderson v. Sherman (1981) 125 Cal.App.3d 228.) In this instance, defendants submit a single sentence statement in support of their request, “Did not receive denial of fee waiver.” This conclusion is insufficient to establish a material mistake to afford relief under Section 473(b). A review of the court file show...

Excerpt: ...aration or declaration stating the moving party contacted the deponent inquiring about the nonappearance. In the current request, plaintiff seeks to compel the attendance of defendant's PMK – along with the production of various documents – based upon the failure of the PMK to appear for the January 14, 2018 deposition. Plaintiff has not made a sufficient showing under Section 2025.450(b)(2) that he contacted defendant to inquire about the no...

Excerpt: ...gs Page 2 of 8 Ruling on Motion 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 of Civil Procedure section 1170.7.) A party is entitled to bring a motion for summary judgment where there are no triable issues of fact. (Code of Civil Procedure section 437c.) The party seeking summary judgment bears the burden of showing there is no triable issue of mater...

Excerpt: ...d separately. Request to File Third Amended Answer A party may seek leave to amend its pleading at any time prior to the commencement of trial and upon any terms that may be just. (Code of Civil Procedure sections 473(a)(1), 576.) Courts generally exercise liberality in permitting amendments to pleadings, especially for answers where the denial may amount to permanently depriving the defendant of a defense. (Hulsey v. Koehler (1990) 218 Cal.App.3...

Excerpt: ...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 §437c(c).) The trial court engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope of the motion by looking to the operative pleading. The pleadings serve as the “outer measure of materiality” for a motion for summar...

Excerpt: ...pplemental declaration of Jolita Mikuleniene is not properly executed under Code of Civil Procedure section 2015.5 as the declaration is not executed under the penalty of perjury under the laws of the State of California. Defendant's motion for summary judgment or, in the alternative, summary adjudication is continued to March 28, 2019 at 8:30 a.m. in Department 42. Defendant may submit an amended declaration, properly executed under Code of Civi...

Excerpt: ...ition is wrong or to arrive at a solution without involving the court. Defendant's motion seeks to compel further responses to a single RPD, RPD no. 27. The RPD requests the following: All DOCUMENTS, including, medical and psychological reports and records, prepared by House Psychiatric Clinic, Inc., which reflect, memorialize, refer to, or otherwise RELATE TO any treatment, opinion, or diagnosis of YOUR purported injuries alleged in the COMPLAIN...

Excerpt: ...l interrogatories, set one; and (3) request for production of documents, set one, by March 29, 2019. The request is denied as to the request for admissions. Defendant has made a sufficient showing that responses have been provided to plaintiff. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MARCH 7, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday C...

Excerpt: ...dant was seriously ill or feeble may be presented to support a claim for excusable neglect. (see Kesselman v. Kesselman (1963) 212 Cal.App.2d 196, 207‐208.) Defendant's supporting declaration sufficiently establishes he suffers from a serious illness excusing the neglectful conduct, which resulted in the entry of the default and default judgment. For these reasons, the motion is granted. The request for default and default judgment, both entere...

Excerpt: ...contend no further discovery should be allowed until such time as plaintiff makes an evidentiary showing to warrant a broader scope of discovery. This limitation on discovery is improper in light of the California Supreme Court's opinion in Williams v. Superior Court (Marshall's of CA, LLC) (2017) 3 Cal.5th 531. The Williams case makes clear broad discovery is allowed in PAGA actions, generally rejecting a heightened burden of proof requirement b...