Excerpt: ...e August 12, 2018 email to plaintiff's counsel; (2) destroy all forms of copies within the possession of defendants; and (3) limit defendants' ability to question Mr. Auger regarding the email. Plaintiff clarifies in his moving papers that he seeks an order precluding defendants “from asking any questions (interrogatories or deposition) on the subject of the August 12th email, including Mr. Auger's transmission of the attachment thereto.” (Pl...

Excerpt: ...ns Plaintiff's objections are overruled in their entirety. Defendants' objections are overruled in their entirety. Ruling on Motion The motion for summary judgment is denied. 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 summary judgment in...

Excerpt: ...al factual issues that require evidentiary resolution.” (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.) A review of the complaint shows that each of the common counts causes of action are sufficiently pleaded. The same is not true for defendant's answer, which essentially admits to the indebtedness in paragraph 5. Since defendant is not able to plead facts supporting a defense to the common counts claims, the motion is g...

Excerpt: ...al fact and the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedure section 437c(c).) A party to the action may also move for summary adjudication if that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) 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 compl...

Excerpt: ...med at these defendants. 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 summary judgment in addition to determining the scope of the motion. (Government Employees Ins. Co. v. Superior Court PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Ci...

Excerpt: ...otion – Tentative Rulings Page 17 of 23 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR NOVEMBER 21, 2019 AT 8:30 A.M. Ruling on Motion The motion is denied without prejudice. A party may be declared a vexatious litigant under the following circumstances: (1) the person, acting in pro per, has filed five or more actions within the last seven years that were either a...

Excerpt: ...stitute a cause of action. (Code of Civil Procedure section 438(c)(1)(B).) “[J]udgment on the pleadings must be denied where there are material factual issues that require evidentiary resolution. (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.) The court reviews the motion keeping these principles in mind. Defendant challenges all four causes of action asserting, among other things, each claim is deficiently pleaded. A re...

Excerpt: ...n 438(c)(1)(B).) “[J]udgment on the pleadings must be denied where there are material factual issues that require evidentiary resolution. (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.) The court reviews the motion keeping these principles in mind. Defendants challenge all six causes of action asserting, among other things, that the claims are barred by the statute of limitations along with lacking the level of specifici...

Excerpt: ...d under well established principles. The challenge tests the legal sufficiency of the pleadings, 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 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.) Furthermore, the failure to ple...

Excerpt: ...BOATRIGHT, CHARLENE v. GONZALEZ, EFRAIN MOSQUEDA, OPHELIA v. GONZALEZ, EFRAIN ROSE, AMY v. GONZALEZ, EFRAIN BRELFORD, VIRGINIA v. GONZALEZ, EFRAIN BASILEU, JANET v. GONZALEZ, EFRAIN RODRIGUEZ, SARAI v. GONZALEZ, EFRAIN SOMERS, LUCY v. GONZALEZ, EFRAIN MUNOZ, DULCE v. GONZALEZ, EFRAIN BROADWAY, REBECCA v. GONZALEZ, EFRAIN ARAKELYAN, GOHAR v. GONZALEZ, EFRAIN ADAME, ULISES v. GONZALEZ, EFRAIN FRANCO, SNA v. GONZALEZ, EFRAIN LAVOW‐DAVIS, PATRICIA ...

Excerpt: ...f filed a partial satisfaction of judgment on February 8, 2016, after defendant was purportedly deceased. The proof of service for the current motion then shows plaintiff served defendant, who plaintiff claims is deceased, by mail at an address in Granite Bay, California. Further, plaintiff provides little legal authority to support the motion or the ability to vacate a judgment where a partial satisfaction has been filed. Finally, the declaratio...

Excerpt: ...ies to informally meet and confer in good faith prior to setting matters for hearing. Ruling on Request for Judicial Notice Defendant's request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The motion is granted with leave to amend. A motion to strike may be granted to strike irrelevant, false, or improper matters in a pleading; or to strike a pleading not drawn in conformity with the laws of the state or an ord...

Excerpt: ...de of Civil Procedure section 526(a).) The plaintiff has the burden of showing he/she would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, 838.) Plaintiff has not made a sufficient showing of either harm or his ability to prevail on the claims within the complaint. To reiterate, it is plaintiff that bears the burden here. He must first establish the balanci...

Excerpt: ... COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR FEBRUARY 28, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 14 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.) In thi...

Excerpt: ...ndings of fact that establish: (1) an overriding interest that overcomes the public's right to access, (2) an overriding interest supporting sealing the record, (3) a substantial probability that the overriding interest will be PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR FEBRUARY 28, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and ...

Excerpt: ...laint is uncertain. (Code of Civil Procedure section 430.10(f).) A demurrer tests the legal sufficiency of the pleadings, 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 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.) In the...

Excerpt: ...complaint is uncertain. (Code of Civil Procedure section 430.10(f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR FEBRUARY 28, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEP...

Excerpt: ... granted to strike irrelevant, false, or improper matters in a pleading; or to strike a pleading not drawn in conformity with the laws of the state or an order of the court. (Code of Civil Procedure section 436(a), (b).) The grounds for a motion to strike must appear on the face of the pleading or from judicially noticeable matters. (Code of Civil Procedure section 437(a).) The judicially noticeable documents show defendant's corporate status is ...

Excerpt: ... Defendant filed its answer without retaining counsel, which is improper. For these reasons, the motion is granted. Defendant KD Homebuyers, Inc.'s answer, filed on May 8, 2018, is stricken. All related trial dates are vacated. A case management conference is set for April 2, 2019 at 10:00 a.m. in Department 40. Plaintiff shall request entry of default as to the defendant prior to the hearing ...

Excerpt: ...edural requirements of California Rules of Court, Rule 3.350. Further, plaintiffs failed to make a sufficient showing to warrant consolidation of the two actions, which stem from separate vehicle collisions. This second motion continues to suffer from procedural and substantive deficiencies. Initially, the court notes this motion was filed on January 24, 2019, on the same date as the hearing on the original motion. Plaintiffs do not address wheth...

Excerpt: ...te the fact that the court only compelled further responses to request for admissions, set one, nos. 1, 2, and 4‐ 10. Plaintiff applies a tenuous interpretation of the court's prior order. It is an impractical interpretation to assume defendants were to respond to all of form interrogatory no. 17.1 where the further responses to the corresponding request PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHA...

Excerpt: ...itted 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).) A party to the action may also move for summary adjudication if that party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) However, a motion for summary adjudication shall only be granted where it completel...

Excerpt: ... not as a result of disclosure of expert witnesses under Code of Civil Procedure section 2034.430. If Mr. McPartland is not considered an expert as defined by Code of Civil Procedure section 2034.430(a) at the time his deposition was taken, the court asks counsel to address what statutory authority governs the payment of Mr. McPartland's deposition fees. The court will grant counsel leave to file supplemental memoranda on this issue if requested....

Excerpt: ...ows plaintiff was served on February 7, 2019. This provided only fourteen days notice, making notice insufficient. Second, defendant did not properly serve the motion on defendant. Code of Civil Procedure section 1013(e) allows the parties to serve by facsimile transmission where “the parties agree and a written confirmation of that agreement is made”. Defendant's proof of service shows service on plaintiff by facsimile transmission but does ...

Excerpt: ...w trial and/or vacate judgment did not comport with the requirements of either Code of Civil Procedure sections 659 or 663a. There was also no valid proof of service in the file showing plaintiff had served defendant with the purported motion and the motion was denied by operation of law under Sections 660 and 663a. Plaintiff provides no legal basis for the court to consider this second motion for new trial. Further, plaintiff's current motion fa...