Excerpt: ... under the settlement agreement expressly applies only to FCM Capital Partners, Inc. and Chris Miller. The motion is denied as to defendants Chris Weber and Robert Keil. The settlement agreement entered into by all parties provides that plaintiff would enter dismissals, with prejudice, as to Mr. Weber and Mr. Keil within two business days of deposit of the settlement funds. (Vasquez declaration, Exhibit A – Settlement Agreement, ¶II.1(g).) Mr....

Excerpt: ...t of this, the court will not consider the demurrer as to these two causes of action. Ruling on Request for Judicial Notice Cross‐complainants' request for judicial notice is granted under Evidence Code section 452. Ruling on Demurrer Cross‐defendant All‐Pro demurs to the first, third, eighth, tenth, eleventh, twelfth, thirteenth and fourteenth causes of action of the cross‐complaint of James S. Caramaza, James A. Caramazza, Jaclyn Carama...

Excerpt: ...r 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, defendant challenges the sufficiency of the pleadings in plaintiff's single cause of action for gross negligence. A theory of gross negligence requires a plaintiff to allege facts showing either a want of even scant care or an extreme departure from the ordinary standard of conduct. (Anderson v. Fitne...

Excerpt: ...viving siblings of decedent Suzette Lowe who died as a result of an automobile collision caused by defendant's maintenance of a dangerous condition of its property. 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 for purposes of demurrer. (Del E. Web...

Excerpt: ...ction of documents. Mr. Huckabee was ordered to provide these responses by September 30, 2020 but failed to provide the written discovery to plaintiff. Plaintiff now returns to the court to enforce the prior court order along with seeking monetary sanctions. Alternatively, plaintiff seeks terminating sanctions. The court, at this time, does not find terminating sanctions to be warranted. Such sanctions are a method of last resort when all other o...

Excerpt: ...NORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JANUARY 28, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 8 of 11 accuracy of the described conduct. (Picton v. Anderson Union High School (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. Countrywi...

Excerpt: ...urt, Rule 3.1306(c); Lammers v. Superior Court (2000) 83 Cal.App.4th 1309, 1327, fn. 12.) Ruling on Demurrer The demurrer is sustained with leave to amend. 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 s...

Excerpt: ...e current version of Section 2025.310 has broadened the usage of remote appearances in light of the current pandemic. However, Section 2025.310(d) still requires depositions to meet other statutory requirements, which include “provisions regarding the time, place, or manner in which a deposition shall be conducted.” This is where the interpretation of the parties diverge. Defendant asserts that the identification of the deposition as “remot...

Excerpt: ...l (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.) The court reviews the demurrer keeping these principles in mind. First Cause of Action – Wrongful Foreclosure The first cause of action alleges a claim for wrongful foreclosure. A borrower may ass...

Excerpt: ...onal infliction of emotional distress and fourth cause of action for defamation. In order to claim punitive damages, a plaintiff must allege facts that a defendant is guilty of oppression, fraud, or malice. (Civil Code section 3294.) The two claims do not allege fraudulent conduct on the part of defendant Cindy Giove. Thus, fraud is not a basis for punitive damages here. This leaves oppression or malice as a basis for punitive damages. Malice req...

Excerpt: ... Ms. Wenz's declaration that states, “after it was unable to independently determine or locate an active hazard insurance policy.” The remainder of the objection is overruled, which includes overruling the objection to Exhibit 4. Plaintiff's remaining objections are overruled. Ruling on Motion In the current request, defendant Shellpoint seeks either summary judgment or summary adjudication as to the first cause of action for negligence and t...

Excerpt: ...ling on Demurrer Defendant County of Placer (County) demurs to the Second Amended Complaint (SAC) filed by plaintiffs (collectively “TSI”). The SAC requests a refund of the Revenue and Taxation Code section 531.4 interest which was collected by the County. (SAC ¶ 32.) County contends the cause of action seeking recovery of interest is barred by the statute of limitations. TSI argues its claim for interest under section 531.4 is subsumed with...

Excerpt: ...tions may seem. (Del PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 17, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 13 of 16 E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court reviews the challenged claims keeping these principles in mind. Third Cause of ...

Excerpt: ...SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 11 of 16 Ruling on Combined Motion In this combined motion, defendants seek three forms of relief. First, defendants seek to quash service of the summons based upon a lack of jurisdiction. Defendants, however, have made a general appearance through the filing of this motion. They have accepted the jurisdiction of this court over the case. Thusly, the request...

Excerpt: ...T 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 17, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 16 adjudication brought by defendant. Specifically, the current motion seeks to once again challenge plaintiff's causes of action for negligence and breach of the implied covenant. The court declines to consider summary adjudication of these two causes of ac...

Excerpt: ...tion The motion is denied in its entirety. 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 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. (Co...

Excerpt: ...e settlement, the court is to give due regard to the parties' agreement, ensuring PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 10, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 6 that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement,...

Excerpt: ...SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 10, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 5 of 6 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 allega...

Excerpt: ...nt. 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 law. (Code of Civil Procedure section 436(a), (b).) In order to claim punitive damages, a plaintiff must allege facts that a defendant is guilty of oppression, fraud, or malice. (Civil Code section 3294.) A review of the language in the FAC shows that the allegations remain insufficient to s...

Excerpt: ...) Ruling on Request for Judicial Notice CBN's request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The motion is denied. 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...

Excerpt: ...asserts the final extension of time granted to defendant to file a motion to compel was October 30, 2020. In fact, the motion and all of its supporting papers were filed on October 30, 2020. However, from plaintiff's perspective, the motion should be considered untimely because it was not served until several days later, on November 2, 2020. The motion was set for hearing on December 3, 2020, still affording plaintiff ample opportunity to file an...

Excerpt: ...court. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR DECEMBER 3, 2020 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 3 of 13 Ruling on Request for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Plaintiff's request for judicial notice is granted as to t...

Excerpt: ...he evidence was not presented at an earlier time. (Code of Civil Procedure section 1008; Shiffer v. CBS Corp. (2015) 240 Cal.App.4th 246, 255.) Defendant has failed to make such a showing. First, defendant has not made a sufficient showing of new or different facts, circumstances, or law as it pertains to his claims regarding lack of due process. There is no new or different evidence presented that could not have been presented at the time of the...

Excerpt: ...ials 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. A review of the FAC supports her challenge. The first cause of action asserts a claim for breach of contract. The allegations, however, are inconsistent. Plaintiff alleges the parties entered into an oral contract while attaching an exhibit that purports to be written terms of the cont...

Excerpt: ...able 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 elements of a cause of action cannot be established or there is a complete defense to the cause of action. (Id. at PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE R...