Excerpt: ...as been described as follows: “ ‘Sometimes, the exchange reveals that one party plans to call experts on subjects the opposing party assumed would not require expert testimony. In such cases, the opposing party has the right to supplement its expert witness exchange by adding experts to cover subjects on which the other party indicates it plans to offer expert testimony, and on which the opposing party has not previously retained an expert to...

Excerpt: ...s, set one, are deemed admitted as to defendant Michele Laudon. Sanctions in the amount of $60.00 are imposed on defendant Michele Laudon pursuant to Code of Civil Procedure section 2033.280(c). /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR AUGUST 29, 2019 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Pa...

Excerpt: ...es 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 impose such a sanction lightly. The totality of the circumstances surrounding the discovery violations are considered when ordering terminating sanctions: (1) whether the party's conduct was wil...

Excerpt: ... 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 §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...

Excerpt: ...Net Proceeds Remaining from the Partition Sale The court determines the net proceeds remaining after the sale of the Granite Bay property is $161,536.56, which includes an unendorsed check for $6.30. The parties are instructed to both endorse this check within five days of service of the signed order after hearing. /// PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR A...

Excerpt: ...cience Associates (“ESA”), or subconsultants Tully & Young, Fehr & Peers, West Yost and Civil Engineering Solutions (collectively “subconsultants”), relating or referring to the Project, from January 1, 2013 through December 12, 2017; and (2) documents relating to any meeting or discussion between Richland, ESA, and the subconsultants. Petitioners further request that they be permitted to serve subpoenas for business records on ESA and th...

Excerpt: ...aw and Motion – Tentative Rulings Page 3 of 15 Ruling on Motion The motion is denied. 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 §437c(c).) The trial court engages in a specific analysis when reviewing a motion for summary judgment. First, it mus...

Excerpt: ... action. (Code of Civil Procedure section 430.10(e).) The court “gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded.” (Aubry v. Tri‐ City Hospital District (1992) 2 Cal.4th 962, 966‐967; see also Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) When reading the complaint to give it a reasonable interpretation, the court is reading the pleading in context. (Schifando v. City...

Excerpt: ...s demurrer is before the court largely because defense counsel would not respond to numerous attempts by plaintiff's counsel to meet and confer. The declaration of plaintiff's counsel shows he made over a dozen attempts by email or phone to confer with defense counsel to discuss a demurrer. However, plaintiff's counsel never could cajole or extract any substantive response from defense counsel. Thus, what should have been subject to a meaningful,...

Excerpt: ...tion 452.) Ruling on Motion PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR AUGUST 8, 2019 AT 8:30 A.M. NOTICE TO ALL PARTIES WHO REQUEST ORAL ARGUMENT: ORAL ARGUMENT WILL BE HEARD ON THURSDAY, AUGUST 15, 2019 AT 8:30 A.M. IN DEPARTMENT 42. PLACER SUPERIOR COURT – DEPARTMENT 42 Thursday Civil Law and Motion – Tentative Rulings Page 15 of 23 In the current request,...

Excerpt: ...established principles. A defendant may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) The demurrer functions as a test regarding the legal sufficiency of the pleading; it does not address the truth of the allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) For the purposes of a demurrer, the al...

Excerpt: ...on should not have been submitted for public filing. The minor has no primary role in this litigation; the circumstances of any alleged abuse of the minor are tangential, at best, to this action. The public has limited, if any, interest in or need for knowledge of these tangential issues involving the minor child. Whereas, there is an overriding interest to protect the health and well‐being of this child from any harassment, embarrassment, psyc...

Excerpt: ...42 Thursday Civil Law and Motion – Tentative Rulings Page 10 of 19 noneconomic damages for physical pain. The jury awarded plaintiff Eva Vesely $4,668.08 for economic damages for her past medical expenses; $1,375 for past noneconomic loss for physical pain; and $0 for future noneconomic damages for physical pain. Plaintiffs contend a new trial should be granted because (1) the damages awarded are inadequate; and (2) because the verdict is again...

Excerpt: ...are overruled. Ruling on Motion Campus Oaks Apartments 1, LLC (“COA”), Scott Canel (“Canel”) and the Scott I. Canel 2011 Family Trust (“Canel Trust”) move for summary adjudication as to the first, fourth and sixth causes of action alleged by defendant and crosscomplainant BBC Roseville Oaks, LLC (“BBC”) in its cross‐complaint. A defendant may move for summary adjudication if it contends that there is no merit to one or more caus...

Excerpt: ...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.) It is worth noting defendants failed to sufficiently challenge each cause of action within the FAC, limiting its moving papers to only the second and third causes of action. The attempt to include the first cause of ac...

Excerpt: ...rther, it is noted plaintiff filed a notice of intent to appear at oral argument on July 9, 2019. This is an improper method to request oral argument. Plaintiff is referred to Placer Court Local Rule 20.2.3 for more information regarding the proper method to request oral argument in civil law and motion PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 42 THE HONORABLE CHARLES D. WACHOB TENTATIVE RULINGS FOR JULY 11, 2019 AT ...

Excerpt: ...ing, at a minimum, of a notice of hearing on any motion; the motion itself; and a memorandum in support of the motion. (California Rules of Court, Rule 3.1112(a).) The court file and defendants' proof of service show defendants failed to file and serve a notice of motion and a memorandum in support of this request. The failure to include these documents is fatal. Defendant has not been afforded proper notice of the motion and the court is unable ...

Excerpt: ... by the Social Security Administration. Mr. Fraidenburgh now seeks to terminate his appointment, without appointing a new GAL, contending plaintiff is competent to handle his own affairs. The request, however, suffers from a complete lack of admissible evidence to support his removal as GAL. First, Mr. Fraidenburgh fails to submit any declarations executed under the penalty of perjury. Second, none of the documents submitted are properly authenti...

Excerpt: ...de of Civil Procedure section 128(a)(3) and (5) to compel Ms. Finnerty to produce his client file. While there is some case law and statutory authority to support the proposition that the court may grant the relief requested, the motion will be denied. First, the California Code of Professional Conduct already requires an attorney upon termination of representation to promptly release to the client, at the request of the client, all client materi...

Excerpt: ...vil Procedure section 473(b) with defendant claiming either excusable neglect or surprise in his failure to consider the offer. After carefully considering the briefing of the parties, the court denies defendant's request. Initially, the extension of Section 473(b) relief here does not appear proper. The section allows the court to relieve a party “from a judgment, dismissal, order, or other proceeding taken against him or her through his or he...

Excerpt: ...ction. (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.) 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 demurrer is rev...

Excerpt: ...ate facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) “A demurrer based 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.) A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegatio...

Excerpt: ...tion to Enforce the Settlement Agreement…upon which entry of Judgment was based…” Hintz submits his own declaration expressly stating, under penalty of perjury, that he had only retained his prior attorney Ulises Pizano‐Diaz “for an isolated matter unrelated to the instant lawsuit”. (Hintz declaration ¶7.) This statement is clearly untrue in light of the email string provided by plaintiff's counsel. PLACER COUNTY SUPERIOR COURT THURS...

Excerpt: .... This is because a motion for summary judgment under Code of Civil Procedure section 437c may not be brought in a class action involving a CRLA claim. (Civil Code section 1781(c).) The proper method for challenging a CRLA claim is to file a motion for a no‐merit determination. (Civil Code section 1781(c)(3); Princess Cruise Lines, Ltd. v. Superior Court (2009) 179 Cal.App.4th 36, 41‐42.) Practically speaking, there is no difference in the an...

Excerpt: ...il such time as plaintiff provides a sufficient legal analysis and supporting evidence to address the following issues: Standard of Review for PAGA Claim Settlement Purporting to cite to Labor Code section 2699(l), plaintiff contends the court's review of the PAGA settlement is limited to a review of the penalties sought in the agreement. (Plaintiff's motion p. 1:14‐21.) This is a complete mischaracterization of the section. The actual language...