Excerpt: ...rts have broad discretion in granting leave to amend a pleading and such discretion is usually exercised liberally to permit amendment to the pleading. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Defendants concede in their opposition that the proposed amendments “simply reinforce that the claim is duplicative of the professional negligence claim. The allegations all relate to the diagnosis, care and treatment of the pati...

Excerpt: ... AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 7 of 8 on the loans exceeds the fair market value of the excavator and track loader. (Code of Civil Procedure section 515.010(b).) A writ of execution shall issue for the (1) 2018 Doosan DX140LCR‐5 Excavator, serial number DHKCEBBSKH0001897, and (2) 2018 Bobcat T595 Compact Track Loader, serial number B3NK30368, both located at 530 6th...

Excerpt: ...business records from Ethan Conrad Properties, Inc., a corporation, involving Sam Lilly and an entity called “Burn It”. The subject lease agreement, however, was executed by individual Ethan Conrad and corporation Functional Sport Solutions, LLC, with Samuel Lilly and Charro Lilly as guarantors. Plaintiff has not made a sufficient showing that these business records reflect the agreement subject to this litigation. The court declines to grant...

Excerpt: ...expert witness as a result of mistake, inadvertence, surprise, or excusable neglect. (Code of Civil Procedure section 2034.620.) In this instance, the need to augment the disclosure is based upon plaintiff's purported mistake when he removed Dr. Luna from his expert witness disclosure designation. The motion is not supported by a declaration from the attorney who “de‐designated” Dr. Luna, along with several other experts, on May 5, 2021. Wi...

Excerpt: ... amend. A motion for judgment on the pleadings has the same function as a demurrer but is brought where the time for a demurrer has expired. (Code of Civil Procedure section 438(g); Southern California Edison Co. v. City of Victorville (2013) 217 Cal.App.4th 218, 227.) A respondent challenging a pleading must show the pleading fails to state sufficient facts to constitute a cause of action. (Code of Civil Procedure section 438(c)(1)(A).) “[J]ud...

Excerpt: ...Alliant Ins. Services, Inc. v. Gaddy (2009) 159 Cal.App.4th 1292, 1307‐1308.) Additionally, Request Nos. 2 and 3 contain materials not properly subject to judicial notice for purposes of demurrer or which are irrelevant for this purpose. Plaintiff's request for judicial notice, filed April 23, 2021, is granted except as to Requests Nos. 1, 2 and 5, which contain materials not properly subject to judicial notice for purposes of demurrer or which...

Excerpt: ...ngs Page 11 of 13 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MAY 20, 2021 AT 8:30 A.M. 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 FAC pleads sufficient factual allegations to support each of the causes of action. To plead ...

Excerpt: ...st notice. (Cal. Judges Benchbook Civ. Proc. Before Trial, Section PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MAY 13, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 4 of 6 14.179.) Courts may regard such a request analogous to a motion for reconsideration and consider the factors set forth in Cod...

Excerpt: ...ot to Consent to a Court Commissioner as Temporary Judge, filed May 12, 2021,) is untimely since previous law and motion matters in this case have been heard by a commissioner. (Placer Court Local Rule 20.2; Walker v. San Francisco Housing Authority (2002) 100 Cal.App.4th 685, 691‐ 693 [the failure of a party to timely object to a commissioner hearing a matter is deemed a stipulation by the party to the commissioner hearing the matter.].) Furth...

Excerpt: ...l.App.4th 775, 787.) The allegations in the pleading 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 current demurrer, defendants only challenge the sufficiency of the allegations within the fourth cause of action. A review of this claim reveals the allegations remain conclusory in nature, failing to allege sufficient facts against the ...

Excerpt: ...e pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Plaintiff alleges that he was severely injured while participating in the “Southwest Summer Trip”, a “summer education program” spon...

Excerpt: ...de & Associates (1985) 38 Cal.3d 488.) In making this determination, the court considers various factors, including whether the settlement amount is proportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be and the settlor's financial condition and PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 2 of 12 PLACER COUNTY SUPERIOR COURT THURSDAY, CI...

Excerpt: ...cedure section 437c(c).) 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 complete defense to the cause of action. (Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting eviden...

Excerpt: ... produce documents requested in their deposition subpoena. The court will address each request separately. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 5 of 12 PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR MAY 6, 2021 AT 8:30 A.M. A party may seek to compel compliance to inspection demands where the responding part...

Excerpt: ...l withdrawal on March 16, 2020, less than two months before the then current trial date. Plaintiff represented herself until March 17, 2021 when current counsel substituted in as attorney of record. Plaintiff now seeks leave to file a second amended complaint. “ ‘Generally, “the trial court has wide discretion in determining whether to allow the amendment, but the appropriate exercise of that discretion requires the trial court to consider ...

Excerpt: ...tiff's objections to the supplemental declaration of Nancy Sanchez are denied in their entirety. Ruling on Motion The motion is granted. In the current request, the defendant seeks to compel arbitration between the parties based upon an arbitration agreement. A threshold question for any motion to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) PLACER SUPERIOR COURT –...

Excerpt: ...INGS FOR APRIL 29, 2021 AT 8:30 A.M. PLEASE NOTE THAT ANY ORAL ARGUMENT REQUESTED WILL BE HEARD ON TUESDAY, MAY 4, 2021 AT 8:30 A.M. IN DEPARTMENT 42. Ruling on Motion The motion is granted in part. Evidence sanctions may be imposed where a party misuses the discovery process by failing to obey a discovery order. (Code of Civil Procedure section 2023.020(c); Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1544‐1545.) Here, plaintiff Andrew Dry...

Excerpt: ...elihood that permitting the reopening of discovery would interfere with the currently set trial date; and (4) the length of time that has elapsed between the prior trial date and the currently set trial date. Plaintiffs have not made a sufficient showing to support such a blanket request. Initially, there is no legal authority to support such an open ended request to keep discovery open. While it is true that the court has in many cases granted r...

Excerpt: ...ed investigator. The video surveillance is protected from discovery as qualified attorney work product. (Code of Civil Procedure sections 2018.020, 2018.030; Rodriquez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 647‐648, (disapproved on other grounds in Coito v. Superior Court (State of CA) (2012) 54 Cal.4th 480, 499; Suezaki v. Superior Court (1962) 58 Cal.2d 166, 177‐178.) “Photos or films reflecting counsel's strategies and tact...

Excerpt: ...uest for summary adjudication of the separate causes of action. Where a party seeks summary adjudication as alternative relief in a motion for summary judgment, the moving party must specifically state this in the notice of motion by identifying each separate cause of action. (California Rules of Court, Rule 3.1350(b).) The notice of motion does not expressly identify each of the causes of action subject to summary adjudication. The failure to se...

Excerpt: ...riable 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).) The moving party bears the initial burden of establishing that one or more elements of a cause of action cannot be established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a t...

Excerpt: ... are sustained solely as to the hearsay statements presented within the documents. Ruling on Motion The motion is denied. “Summary judgment is proper if the supporting papers are sufficient to sustain a judgment in favor of the moving party as a matter of law and the opposing party presents no evidence giving rise to a triable issue as to any material fact. [Citation.] To prevail on a summary judgment motion, the defendant must conclusively neg...

Excerpt: ...ars the initial burden of showing there is no triable issue of material fact as to the defense or that plaintiff is entitled to judgment on the defense as a matter of law. (Code of Civil Procedure section 437c(p)(1); See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 899‐900.) In meeting this burden, plaintiff must either negate an essential element of the defense or establish defendant has no evidence to support the defense....

Excerpt: ...ith reply papers. ‘‘[T]he inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case ...'' and if permitted, the other party should be given the opportunity to respond. (Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8; Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252; San Diego Watercrafts, Inc. v. Wells Fargo Bank (2002) 102 Cal.App.4th 308, 316.) Here, the court decline...

Excerpt: ...was dismissed in September 2013. In the current motion, the moving parties seek an order from the court to file under seal the settlement agreement reached in this action, in a separate action currently pending against them, Ehlers Law Corporation v. Des Jardins, case no. S‐CV‐0045532. A request for a right to attach order and writ of attachment is PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES...