Excerpt: ...'s allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions,...

Excerpt: ...iciency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the cou...

Excerpt: ...Cal.App.4th 1399, 1405. “A strong public policy favors the arbitration of disputes, and doubts should be resolved in favor of deferring to arbitration proceedings.” Rowe v. Exline (2007) 153 Cal.App.4th 1276, 1282; Laswell v. AG Seal Beach, LLC, supra, at 1405. Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App...

Excerpt: ... for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence of a valid arbitration agreement. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972. “‘[A] party cannot be required to submit to arbitration any dispute which he has ...

Excerpt: ...he court will exercise its discretion and consider the substance of defendants' motion, despite plaintiff's contention that notice was insufficient. Defendants' motion is denied. Defendants' notice of motion fails to set forth the statutory authority for coordination of the two cases. Coordination pursuant to Code of Civil Procedure sections 404 et seq. applies to civil actions pending in different courts. See Code Civ. Proc. § 404. Defendants' ...

Excerpt: ...the causes of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of mater...

Excerpt: ...cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. The court notes tha...

Excerpt: ... 3.350(a)(1)(A). The notice does not contain the captions of all cases sought to be consolidated. Cal. R. Ct., rule 3.350(a)(1)(B). The notice was not filed in each case sought to be consolidated. Cal. R. Ct., rule 3.350(a)(1)(C). The motion does not include a proof of service. Cal R. Ct., rule 3.350(a)(2)(C). Counsel for defendant U.S. Bank National Association (“U.S. Bank”) states that their office was never served with the motion. It appea...

Excerpt: ...ained. Ruling on Motion Defendant Sunworks, Inc. moves for summary judgment and/or summary adjudication as to the first amended complaint filed by plaintiff Douglass Stiegmann. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). The party seeking summary judgment bears the burden of showing there is no triable issue of mat...

Excerpt: ... the basis for computing damages must be reasonable and certain. CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541. Based upon the court's review of the plaintiff's application, and the declarations submitted in support of the application, the court finds pursuant to Code of Civil Procedure section 483.010 that plaintiff has established the probable validity of the claim upon which the attachment is based, and...

Excerpt: ... therein. Plaintiff's objection to defendant's reply brief is overruled. Defendant BBV Profit Sharing Plan, a 401 K Deferred Compensation Retirement Plan (“BBV”) demurs to plaintiffs' second amended complaint. A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's...

Excerpt: ...overruled. Ruling on Motion Intervenor Iana Shumeiko (“Intervenor”) moves to expunge the lis pendens recorded by plaintiff in connection with this action. A party may move to expunge a lis pendens on the grounds that the complaint does not contain a real property claim, or on the grounds that claimant has not established by a preponderance of the evidence the probable validity of any real property claim. Code Civ. Proc. §§ 405.31, 405.32. A...

Excerpt: ...ing interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no less restrictive means to achieve the overriding interest. Cal. R. Ct., rule 2.550(d). Defendant moves to seal Exhibit F to the appendix of exhibits in support of defendant's motion for summary judgment/adjudication on the grounds that the exhibit contains personal compensation and benefits information relating to ...

Excerpt: ...Proc. § 2030.220(a). “If an interrogatory cannot be 3 answered completely, it shall be answered to the extent possible.” Code Civ. Proc. § 2030.220(b). The HOA's responses to form interrogatory Nos. 4.1, 12.1, 12.2, 12.3, 16.1, 16.2, 16.3, 16.7, 16.8, 16.9 and 17.1 are insufficient as the HOA does not respond completely to each interrogatory. The HOA shall serve further verified responses to the subject interrogatories on or before July 12,...

Excerpt: ...ode Civ. Proc. § 2030.220(b). Plaintiff's responses to form interrogatory (employment) Nos. 210.2, 210.3 and 212.6, and special interrogatory Nos. 4, 12 and 26 are insufficient as plaintiff does not respond completely to each interrogatory. Plaintiff shall serve further verified responses to form interrogatory (employment) Nos. 210.2, 210.3 and 212.6, and special interrogatory Nos. 4, 12 and 26, on or before July 12, 2019. The motion is otherwis...

Excerpt: ...the Alameda County litigation in connection with the instant motion. Based on the evidence provided, the court cannot determine that there are common questions of fact or law in the two actions, that the convenience of the parties, witnesses and counsel will be promoted by the transfer, or that there is a risk of inconsistent rulings if the transfer is not ordered. Plaintiffs' request that the causes of action in the cross‐complaint be stayed i...

Excerpt: ... a deposition subpoena duces tecum where the records sought are not within the permissible scope of discovery. In this case, plaintiff objects to the subpoena on the grounds that it seeks documents in violation of plaintiff's right to privacy in her financial affairs. A right of privacy exists as to a party's confidential financial affairs, even when the information sought is admittedly relevant to the litigation. Cobb v. Superior Court (1979...

Excerpt: .... Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. As a preliminary matter, pl...

Excerpt: ...rdingly, the dismissal may be vacated to permit entry of judgment pursuant to the terms of the settlement. The motion to vacate dismissal is granted. The motion to enter judgment in the amount of $9,416.30 is denied. In ruling on plaintiff's prior motion to enter judgment, the court noted errors in plaintiff's calculations. Plaintiff's current motion does not acknowledge the court's prior ruling, or correct the errors. Plaintiff is not entitled t...

Excerpt: ...y Responses Defendant's motion to compel further discovery responses was continued by stipulation of the parties to July 5, 2019, at 8:30 a.m. in Department 31. Motion for Leave to Amend Complaint Defendant Granite Financial Solutions, Inc. dba Granite Data Solutions' request for judicial notice is denied. Plaintiff's motion for leave to amend complaint is denied. Plaintiff moves for leave to file an amended complaint in this action to add three ...

Excerpt: ...onditional settlement of the action with plaintiff on or about December 3, 2019. Defendant made three payments of $1,762.60 each before requesting in writing that he be permitted to skip the payment due in March 2019 because of a change in jobs. Plaintiff apparently did not respond to this request. Thereafter, on April 3, 2019, defendant informed plaintiff that he would have funds available for his next payment on April 12, 2019. Plaintiff also d...

Excerpt: ...rring to arbitration proceedings.” Rowe v. Exline (2007) 153 Cal.App.4th 1276, 1282; Laswell v. AG Seal Beach, LLC, supra, at 1405. Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. Defendants in this case do not dispute the existence of an arbitration agreement, but argue that plaintiffs have waiv...

Excerpt: ...rial conference, and July 8, 2019, trial date set in Case No. S‐CV‐39027 are vacated. The October 18, 2019, mandatory settlement conference, October 25, 2019, civil trial conference, and November 4, 2019, trial date set in Case No. S‐CV‐40015 shall remain as set for the consolidated actions. Motion to Compel Plaintiffs' Responses to Discovery Defendants' motion to compel plaintiffs' responses to form interrogatories, special interrogatori...

Excerpt: ...proper. See Deyo v. Kilbourne (1978) 84 Cal.3d 771, 783. Plaintiff's responses to form interrogatory Nos. 8.6, 8.7 and 17.1 are non‐responsive. Plaintiff fails to state the dates he did not work and for which he lost income, or the manner in which he calculated the total income he alleges he lost. Further, plaintiff's responses to each request for admission were not unqualified admissions, as he denied request Nos. 2‐11. In response to specia...

Excerpt: .... Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999. Defendants' motion is granted with leave to amend. The complaint alleges an enforcement action under the Private Attorneys General Act of 2004, California Labor Code sections 2698 et seq. (“PAGA”) to recover civil penalties for applicable violations occurring “at any time between one year prior to the filing of this complaint until judgment”. (Complaint at 1:4‐12.) Plaint...