Excerpt: ...efendant is still required to PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JULY 29, 2021 AT 8:30 A.M. UNLESS OTHERWISE NOTED, ANY ORAL ARGUMENT REQUESTED WILL BE HEARD ON TUESDAY, AUGUST 3, 2021 AT 8:30 A.M. IN DEPARTMENT 42. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 9 of 20 comply with its discovery obligation...

Excerpt: ...ers 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 section 437c(c).) A party to the action may also move for summary adjudication if the party contends there is no merit to one or more of the causes of action. (Code of Civil Procedure section 437c(f)(1).) In reviewing a motion for summary judgment or summary adjudication, the trial c...

Excerpt: ...ved by 12:00 p.m. on Thursday, August 5, 2021. Non‐Party Holly Piatyszek's Motion for Protective Order Preliminary Matters According to the notice of motion, the motion is directed at defendants Strauch & Company Inc. and Donnie Barksdale. Strauch & Company was dismissed PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JULY 29, 2021 AT 8:30 A.M. UNLESS OTHERWISE NOTE...

Excerpt: ... requested in plaintiff's request for judicial notice. The remainder of the request is denied. New evidence submitted with reply papers generally will not be considered where the opposing party has not had the ability to address the new evidence. (Alliant Ins. Services, Inc. v. Gaddy (2009) 159 Cal.App.4th 1292, 1307‐1308; Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8.) PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION D...

Excerpt: ...ot 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.) The complaint is reviewed keeping this in mind. A review of the complaint reveals significant pleading deficiencies, making it di...

Excerpt: ... 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.) The court reviews the demurrer keeping these principles in mind. /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB ...

Excerpt: ...rt. (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 request is reviewed keeping this in mind. The motion is granted as to paragraphs 9, 10, 17, 19, 20, 21 and the prayer for punitive damages. The language in paragraphs 9, 10, 20, and 21 include PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL L...

Excerpt: ...gations 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 complaint keeping these principles in mind. A review of the two causes of action reveal both suffer from pleading deficiencies. The third cause of action alleges a claim for professional negligence. Professional negligence specifically incorporates t...

Excerpt: ...79 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 this instance, the factual allegations in the complaint are insufficient to plead defendant is a corporate entity with liability for the prior entity the Lincoln City Colts. “Successor liability issues are equitable issues to be exam...

Excerpt: ...E CHARLES D. WACHOB TENTATIVE RULINGS FOR JULY 15, 2021 AT 8:30 A.M. purportedly filed by defendant Aspen Earthworks. The court file reflects the subject objections were rejected by the clerk and not filed with the court. Since the objections were not properly filed with the court, Welsh Hagen's supplemental filings from July 12, 2021 will not be considered. Ruling on Objections Welsh Hagen's objections, filed on July 8, 2021, are sustained in th...

Excerpt: ...Executive Orders as does so. The request is denied as to Exhibit M. Plaintiffs' request for judicial notice is granted in its entirety. Ruling on Demurrer In the current request, defendants challenge all eleven causes of action alleged in the original complaint. They allege the complaint is deficient in several respects, focusing primarily on the assertion plaintiffs' action is moot. “California courts will decide only justiciable controversies...

Excerpt: .... Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court reviews the crosscomplaint keeping these principles in mind. In this instance, cross‐defendants demur to the purported first cause of action in the cross‐complaint. The filing of the cross‐complaint was improper since cross‐complaints generally cannot be filed in unlawful detainer action. (Code of Civil Procedure section 1170; Knowles v. Robinson (1963) 60...

Excerpt: ...ictorville (2013) 217 Cal.App.4th 218, 227.) Where a plaintiff brings a the motion, the plaintiff must establish the complaint states facts sufficient to constitute a cause of action and the answer does not state facts sufficient to constitute a defense to the complaint. (Code of Civil Procedure section 438(c)(1)(A).) A review of the complaint shows the single cause of action for breach of contract is sufficiently pleaded. A review of the answer ...

Excerpt: ...f asserts in its moving papers that “FCA responded to the Requests in the same obstructionist, bad faith manner that it routinely uses against California consumers who file Lemon Law claims.” Defendants make their own accusations, including for example “Nevertheless, in what has become all too common in California lemon law litigation, Plaintiffs here demand class action‐type discovery, in some instances, in violation of third‐party pri...

Excerpt: ... triable 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 t...

Excerpt: ...terrupted because of “the State's unprecedented quarantine response to COVID 19 and that, as a result, the trial was paused for over two and half months.” They claim this delay “and the fear of COVID 19 destroyed the continuity of EMS's case.” EMS and Gerhardt claim that when the trial resumed, the defendants/crosscomplainants were able to complete their evidence without an interruption. They assert this unfairly prejudiced their right to...

Excerpt: ...e 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 both claims keeping these principles in mind. In the fifth cause of action, plaintiffs allege a claim for breach of fiduciary duty against defendant Dennis Socolean. A caus...

Excerpt: ...App.4th 775, 787.) The allegations in the pleadings 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 challenged causes of action keeping these principles in mind. The fifth cause of action asserts a claim for breach of fiduciary duty against National, alleging National was the insurance carrier for New Legend from 2018 through 2020. ...

Excerpt: ... THURSDAY, JUNE 24, 2021 AT 8:30 A.M. IN DEPARTMENT 42. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 5 Ruling on Motion The motion is granted. The trial court shall grant a motion for summary judgment if “all of 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 sectio...

Excerpt: ...under Code of Civil Procedure section 1008(b), which allows the moving party whose request was previously denied to renew the motion based upon “new or different facts, circumstances, or law”. Plaintiff has not made a sufficient showing to warrant renewed consideration of the prior motion. He does not present sufficient new or different facts, circumstances, or law that were not present or known to the parties at the time of the prior hearing...

Excerpt: ...uses of action subject to the current demurrer. 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.) The court reviews these...

Excerpt: ...Judicial Notice PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 4 of 7 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JUNE 10, 2021 AT 8:30 A.M. Defendants' request for judicial notice is denied. Ruling on Demurrer In the current request, the moving defendants challenge only the fourth cause of action for violations of...

Excerpt: ...als Co. (1981) 123 Cal.App.3d 593, 604.) In the current request, defendant Mary Garcia challenges the sufficiency of the allegations in all five causes of action while defendant James Taylor challenges the allegation in the only claim brought against him found in the fifth cause of action. A review of the SAC shows each cause of action is still deficiently pleaded. The first cause of action asserts a claim for breach of contract. The allegations ...

Excerpt: ... 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.) The court reviews the demurrer keeping these principles in mind. The first cause of action alleges defendant violated the Truth in Lending Act (TILA) when it failed to provide plaintiff w...

Excerpt: ...ION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MAY 27, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 8 Ruling on Objections Defendant's objections nos. 1, 2, and 3 are sustained. Ruling on Motion The trial court shall grant a motion for summary judgment if “all the papers submitted show that there is no triable issue as to any material fact and th...