Excerpt: ...ve Rulings Page 3 of 7 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR OCTOBER 17, 2019 AT 8:30 A.M. constitute a cause of action. (Code of Civil Procedure section 430.10(e).) 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.) T...

Excerpt: ...nd hour of her deposition, arguing that defense counsel made excessive and inappropriate objections, that co‐defense counsel was ten minutes late, and that Dr. Serina produced substantial documents at her deposition in violation of Code of Civil Procedure section 2034.210(b). Code of Civil Procedure section 2034.430(b) states: A party desiring to depose an expert witness described in subdivision (a) shall pay the expert's reasonable and cus...

Excerpt: ...client privilege and attorney work product. (HLC Properties, Ltd. v. Superior Court (MCA Records, Inc.) (2005) 35 Cal.4th 54, 59‐60; Roman Catholic Archbishop of Los Angeles v. Superior Court (2005) 131 Cal.App.4th 417, 442.) Moreover, the claims that discovery is premature are not well taken when trial is three months away. Defendant Union Pacific Railroad shall provide further verified responses and responsive documents, without asserting fur...

Excerpt: ...ure §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 summary judgment in addition to determining the scope of the motion. (Government Employees Ins. Co. v. Superior Court (2000) 79 Cal.App.4th 95, 98; Laabs v. City of Victorville (...

Excerpt: ...e issue of material fact and that the party is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. (Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468.) Once a plaintiff proves its prima facie case, the burden of proof shifts to the defe...

Excerpt: ...ffirmative defense to the cause of action, that there is no merit to an affirmative defense to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs.” (Code of Civil Procedure section 437c(f)(1).) The trial court engages in a specific analysis when reviewing a motion for summary adjudicati...

Excerpt: ...om matters of which the court may or must take judicial notice.” (Aaronoff v. Martinez‐Seftner (2006) 136 Cal.App.4th 910, 918.) 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....

Excerpt: ...anctions is generally limited to extreme cases of discovery misuses that are so pervasive a less drastic sanction will not sufficiently address the discovery derelictions. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐797.) In light of the extreme effect of terminating sanctions, courts do not PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JANUARY 31, 2019 AT 8:...

Excerpt: ...time may be filed at the discretion of the court upon terms as the court deems proper. (Code of Civil Procedure section 425.16(f); HewlettPackard Co. v. Oracle Corp. (2015) 239 Cal.App.4th 1174, 1186.) In determining whether to exercise its discretion in favor of considering the merits of this late motion, the court has considered the procedural context in which this motion arises. In broad terms, the case stems from a failed investment relations...

Excerpt: ...t timely filed and, as such, is disregarded. Ruling on Request for Judicial Notice Plaintiffs' request for judicial notice is granted pursuant to Evidence Code section 452. Ruling on Motion The motion is granted. Code of Civil Procedure section 473.5(a) allows a defendant to seek relief from a default and/or default judgment where service of the summons has not resulted in actual notice to the defendant in time to defend the action. The defendant...

Excerpt: ...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 (2000) 79 Cal.App.4th 95, 98; Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258.) The pleadings identify the i...

Excerpt: ...292, 1307‐ 1308.) Plaintiff has not been afforded an opportunity to reply to this substantial amount of newly submitted evidence. Thus, the request is denied. Plaintiff's request for judicial notice is granted in part. The request is granted, under Evidence Code section 452, as to Exhibit B. The request is denied as to Exhibit A. The court, on its own motion, also take judicial notice of the entire court file under Evidence Code section 452. Ru...

Excerpt: ...ce is granted under Evidence Code section 452. Ruling on Motion The motion is granted. The power of the court to order the disqualification of counsel is statutory. “Every court shall have the power to do all of the following: [¶] … [¶] (5) [t]o control in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.”...

Excerpt: ...tion is continued to afford plaintiffs an opportunity to respond to this new evidence. Plaintiffs may file any supplemental briefing by February 7, 2019. 6. S‐CV‐0040710 SCV‐0041288 HUGGETT, ALLYSON v. CORTES, ARSENIO HUGGETT, ALLYSON v. BIRD, RACHELLE PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JANUARY 24, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTM...

Excerpt: ... on a statute of limitations is appropriate if the ground appears on the face of the complaint or from matters of which the court may or must take judicial notice.” (Aaronoff v. Martinez‐Seftner (2006) 136 Cal.App.4th 910, 918.) However, a demurrer based upon the statute of limitations PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JANUARY 24, 2019 AT 8:30 A.M. P...

Excerpt: ... denied as to Exhibit 6. The court denies the requests for judicial notice of timberland ordinances from other counties in California, as they are not relevant to the court's determination in this matter. Ruling on Petition for Writ of Mandate Petitioner High Sierra Rural Alliance seeks a peremptory writ of mandate requiring respondents County of Placer and the Placer County Board of Supervisors (collectively “the 7 County”) to set aside a te...