Excerpt: ...hat may be just." (Code of Civil Procedure secton 410.30(a).) A forum non conveniens challenge normally involves a two- step process. First, the trial court must determine whether a suitable alternative forum exists. (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) If there is a suitable alternative forum, then the next step is to consider the private interests of the parties and the public interest in keeping the case in California. (Ibid.) ...

Excerpt: ...nual wage adjustments for employees in accordance with Measure F, former County Code section 3.12.040, contending any amendment to Measure F must be by voter initiative pursuant to Elections Code secton 9125. Respondent files the instant motion contending Measure F was unconstitutional from its inception or alternately was superseded or rendered unconstitutional by subsequent voter initiative or other state law. Evidentiary Rulings Respondent's o...

Excerpt: ... for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The motion is granted in part. Defendants seek to strike causes of action 7 through 11, 13 through 19, and 21 through 24 pursuant to Code of Civil Procedure section 425.16. The ant-SLAPP statute creates a two-step process for determining whether an action is a SLAPP: First, the court determines whether the action arises from p...

Excerpt: ...ion demonstrating meaningful attempts to informally resolve the discovery dispute. (Code of Civil Procedure sections 2025.450()b)(2), 2025.480(b).) Meet and confer efforts pursuant to the Discovery Act are meant to benefit the parties, serving a critical role in the efficient administration of an acton. Indeed, the Discovery Act requires the parties make serious attempts to obtain an informal resolution of discovery issues. (Townsend v. Superior ...

Excerpt: ...vil Prmædure secton 438(c)(1)(A).) The moton is reviewed keeping this in mind. The elements for account stated include (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; and (3) a promise by the debtor, express or implied, to pay the amount due. (Zinn v. Fred R. Bright Co. (1969) 271 Cal.Ap...

Excerpt: ....3d 593, 504.) The complaint is reviewed keeping this in mind. As to the third cause of achon for conversion, the demurrer is overruled. The allegations within the complaint, when read as a whole, are sufficient to support this claim. As to the second cause of action, a breach of bailment is generally a contractual relationship where one party agrees to deliver a thing to another party to conform for a specific purpose. (Windelerv. Scheers Jewele...

Excerpt: ... the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal .App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Here, defendants contend the complaint fails to state a cause of action for unlawful detainer because it alleges plaintiffs gave def...

Excerpt: ...r reconsideration may be granted where the party makes a suffcient showing that there are facts or circumstances not previously considered and there is a valid reason 11 for not previously offering it earlier. (Code of Civil Procedure section 1008(a); Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Respondent's burden here is comparable to that of a new trial motion, the new or different information must be that which could not, with rea...

Excerpt: ...y demur where the pleading does not state facts sufficient to constitute a cause of acton. (Code Civ. Proc. S 430.10, subd. (e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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 Mat...

Excerpt: ...tate facts sufficient to constitute a cause of action or when the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2CG) 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 ...

Excerpt: ...complainants' request for judicial notce is granted under Evidence Code section 452. Ruling on Demurrer In the current challenge, cross-defendants demur to all eight causes of action alleged in the cross-complaint. A demurrer tests the legal sufficiency of the pleading, 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 pleading are deemed...

Excerpt: ...le a cross-complaint at the tme of filing the answer must seek leave from the court to file the cross-complaint. (Code Civ. Proc„ SS 426.50, 428.50, subd. Leave to file a compulsory cross-complaint is generally granted unless the defendant has not acted in faith or there is substantial prejudice to the plaintiff if 8 leave is granted. (Silver Organization Ltd. v. Frank (1990) 217 Cal.App.3d 94, Foot's Transfer & Storage Co. v. Superior Court (1...

Excerpt: ...e 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.) he court reviews the FAC keeping this in mind. Plaintiff alleges causes of action for negligence and intentional tort based upon an incident that occurred at the Target store in Roseville. Specifically, plaintiff alleges that on March 11, 2020, employees of defendant made false reports...

Excerpt: ...ties entered into an agreement on December 10, 2018; however, exhibit 1 is dated in October 2022. The declaration provides a different payment schedule than that of exhibit 1. Plaintiff has presented insufficient evidence of entitlement to judgment and the motion is denied. Further, it appears this action is subject to mandatory dismissal because service of summons occurred more than three years after the action was commenced. "The summons and co...

Excerpt: ...s 14 and 16 are sustained; objection numbers 5 through 11 and 13 are sustained as applied to this plaintiff but otherwise overruled. As to the Boyle declaration, plaintiff's objection numbers 4 and 5 are sustained; objection number 7 is sustained as applied to this plaintiff but otherwise overruled. As to the Roseman declaration, the objection is overruled as the substance of the declaration is to identify what was sent during meet and confer eff...

Excerpt: ...ded complaint pursuant to the stipulation of the parties. A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. Prtw S 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Baderv. Anderson (2CG) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly plea...

Excerpt: ...nner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.” (Code Civ. Proc., § 1094.5 subd. (b).) “Where it is claimed that the findings are not supported by the evidence, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, abuse of discretion is established if the court determines that the findings are not supported by t...

Excerpt: ... 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. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) For defamation, a plaintiff must allege defendant made a false and unprivileged statement about plaintiff that tended to injure plaintiff's occupation or expose him to hatred, contempt, ridicule, shame, or to encourage others to shun him; defen...

Excerpt: ...ency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans...

Excerpt: ...ection 430.10(a) and (c), arguing the court has no jurisdiction over the subject of the causes of action in the first amended complaint as there is another action pending between the same parties on the same causes of action. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly p...

Excerpt: ...er 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 affirmative defenses to the cause of action. Code of Civil Procedure section 437c (f)(1). However, a motion for summary adjudication shall only be granted where it completely disposes of a cause of action. Ibid. 2 The moving party bears the initial burden of establishing...

Excerpt: ..., 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) Here, plaintiff alleges three causes of action against defendant: an unspecified “intentional tort,” general negligence, and fraud. As to all three causes of action, plaintiff alleges the following facts: It is unclear what “intentional tort” plaintiff is ...

Excerpt: ...s (2010) 186 Cal.App.4th 1380, 1389.) Further, the court reviews the moving papers along with the entirety of the court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA-related statute. (Lab. Code, § 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable,...

Excerpt: ...t is not bound by unpublished orders of trial courts. Plaintiff's objection to Exhibit 2 of the declaration of counsel Ali Ameripour is overruled. Ruling on the Motion The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 1405.) Unde...

Excerpt: ...ficiency of the 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.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Ber...

Excerpt: ... establishing the applicability of the FAA along with establishing the existence of a written agreement between the parties to arbitrate. Hoover v. American Income Life Insurance Co. (2012) 206 Cal.App.4th 1193, 1207; Nixon v. AmeriHone Mortgage Company, LLC (2021) 67 Cal.App.5th 934, 946. Defendant Ford Motor Company relies on the arbitration provision of a contract that it has not signed. Nor does plaintiff dispute the existence of the arbitrat...

Excerpt: ...duction. Plaintiff had not responded in any way to the initial discovery requests. Plaintiff did not oppose the motion to compel initial responses nor did she respond to any meet and confer efforts. The court order granting the motion to compel directed plaintiff to provide responses within 10 days of service of notice of entry of order. Notice of entry of order was served on plaintiff June 4, 2021. Defendant presents evidence plaintiff failed to...

Excerpt: ...-defendant Piedmont Capital Management LLC seeks attorneys' fees in the amount of $40,285, asserting 115.1 hours at a rate of $350 per hour. Plaintiff's unopposed motion is granted in part. A prevailing party in an action on contract is entitled to recover reasonable attorneys' fees where the contract provides for their recovery. (Civ. Code, § 1717, subd. (a).) At trial in this breach of contract matter, the court entered judgment in plaintiff's...

Excerpt: ...iate Athletic Assn., (1994), 7 Cal.4th 1, 36., 37.) However, the right to privacy is not absolute and courts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery. (See John B. v. Superior Court, (2006) 38 Cal. 4th 1177.) Disclosure may be ordered if a “compelling public interest” would be served thereby. (Britt v. Sup. Ct. (San Diego Unified Port Dist.) 20 Cal.3d at...

Excerpt: ...ation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. A defendant seeking to compel arbitration under the FAA bears the burden of establishing the applicability of the FAA along with establishing the existence of a written agreement between the parties to arbitrate. Hoover v. American Income Life Insurance Co. (2012) 206 Cal.App.4th 1193, 1207; Nixon v. AmeriHone Mortgage Company, LLC (...

Excerpt: ...& (f). A demurrer tests the legal sufficiency of the 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. However, the court does not assume the truth of contentions, deductions, or conclusions of fa...

Excerpt: ...der 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.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Plaintiff alleges several causes of action in her first amended complaint ...

Excerpt: ...ations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) 8 D...

Excerpt: ... is sustained. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or when the complaint is uncertain. (Code Civ. Proc. § 430.10, subds. (e), (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matte...

Excerpt: ...ired by the Code. In light of the filing of Ikeda's motion contesting the application, the court will exercise its discretion to consider the application on the merits. The settlement of fewer than all joint tortfeasors must be made in good faith with respect to the remaining defendants. (Code Civ. Proc., §§ 877, 877.6.) “The party asserting the lack of good faith shall have the burden of proof on that issue.” (Id. § 877.6, subd. (d).) In ...

Excerpt: ... the documents as they appear in the court file rather than as they are presented by defendant. Plaintiff's request for judicial notice is granted. Ruling on the Motion Defendant Taylor's motion to set aside entry of default and default judgment is granted. The court may set aside default due to the moving party's “mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) A motion to set aside default must ...

Excerpt: ...ove for summary adjudication as to one or more causes of action if the party contends there is no affirmative defense to the cause of action. (Code Civ. Proc., § 437c, subd. (f)(1).) The moving party bears the initial burden of establishing each element of the cause of action entitling them to judgment as a matter of law. (Id. subds. (f)(1), (p)(1).) Only if this initial burden is met will the burden shift to the opposing party to establish a tr...

Excerpt: ...further disclosure of such designated documents to individuals outside of the litigation. A party responding to discovery or “any other party or affected person” may promptly move for a protective order. (Code Civ. Proc., § 2031.060, subd. (a).) Upon a showing of good cause, the court “may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression,” and may include a...

Excerpt: ...tice in support of the reply were untimely filed. The court exercises its discretion to consider the untimely reply brief. The request for judicial notice in support of the reply, however, is denied as it introduces new evidence to which Ms. Chandler has not had the opportunity to respond. 5 Ruling on the Motion The Saegers' demurrer is overruled in its entirety. A party may demur where the pleading does not state facts sufficient to constitute a...

Excerpt: ...on. See Jones v. Kmart Corp. (1998) 17 Cal.4th 329. 6 A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action or when the pleading is uncertain. Code Civ. Proc. § 430.10(e) & (f). A demurrer tests the legal sufficiency 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 assu...

Excerpt: ...ded within five years from institution of the proceeding. An insured formally institutes arbitration proceedings by notification in writing sent to the insurer by certified mail. (Ins. Code § 11580.2(i)(1)(C); Santangelo v. Allstate Ins. Co. (1998) 65 Cal.App.4th 804, 811‐812.) In this case, the parties agree that claimant instituted arbitration proceedings on March 14, 2017. The parties both assert that the deadline to conclude arbitration pr...

Excerpt: ... action pursuant to Code of Civil Procedure section 187. ABC obtained a judgment against SPC, Kevin Hengl and Stephanie Hengl on December 22, 2020. Plaintiff is unable to collect the judgment from SPC, which was apparently shut down by Kevin Hengl prior to this litigation commencing. Kevin Hengl and Stephanie Hengl both obtained a bankruptcy discharge after judgment was entered. ABC submits evidence supporting the conclusion that Kevin Hengl, the...

Excerpt: ...ting “repeated conduct of failing to comply with discovery obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis.” Defendants present evidence plaintiff failed to submit responses by October 14, 2022 or by the date the instant motion was filed. Defendants further present evidence plaintiff did not respond to meet and confer efforts, both prior to the motion to compel and the instant motion....

Excerpt: ...f Steven Alves seeks summary adjudication as to his first cause of action for breach of contract and second cause of action for misappropriation of trade secrets. A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defen...

Excerpt: ...d to permit them to retain counsel and submit their formal opposition to the application for right to attach order. The court granted relief August 30, 2022; however, defendants later filed a notice of stay showing they had sought bankruptcy relief August 23, 2022, prior to the date the court granted the RTAO. The bankruptcy was later dismissed; plaintiff applied ex parte for issuance of the RTAO; the court set this matter for hearing, with a sch...

Excerpt: ...f Steven Alves seeks summary adjudication as to his first cause of action for breach of contract and second cause of action for misappropriation of trade secrets. A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defen...

Excerpt: ...e of action or when the complaint is uncertain. (Code Civ. Proc. § 430.10, subds. (e), (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 1981) 123 Cal.A...

Excerpt: ...he commencement and prosecution of such action" are recoverable by a prevailing plaintiff. Defendants oppose the requested fees and costs and expenses. In the current request, plaintiff seeks $440,677.00 in attorney fees plus a .5 enhancement multiplier of $220,368.50, plus costs and expenses of $47,760.39, totaling $708,775.89. 4 Determination of reasonable fees begins with the lodestar method where in the court determines the number of hours re...

Excerpt: ...aration in support of motion for preliminary injunction was filed on June 25, 2020 and Andrew R. Cassano's declaration was filed August 10, 2020, but not as to the truth of the assertions contained therein. Plaintiff's objection number 21 is sustained. Plaintiff's objections are otherwise overruled. As plaintiff correctly points out, defendant's responses to plaintiff's SSUMF and defendant's SSDMF are not formatted correctly. (Cal. Rules of Court...

Excerpt: ...order consolidation of actions involving a common question of law or fact. (Code Civ. Proc., § 1048, subd. (a).) Here, both matters involve the same real property known as 8021 Eagle View Lane, Granite Bay, CA 95746. Tucker contends she is entitled to continued possession of the premises as equitable or legal owner of the subject property by virtue of her having been deemed the last and highest bidder as a statutorily eligible tenant buyer under...

Excerpt: ...motion for summary judgment where there are no triable issues of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the oppo...

Excerpt: ...r by the opposing party. Plaintiffs rely on Weiler v. Marcus & Millichap Real Estate Investment Services, Inc. (2018) 22 Cal.App.5th 970 for the proposition that when a party is unable to afford to continue arbitration, that party may seek relief from the superior court. However, the Weiler case involved a party who had engaged in arbitration in good faith for years. Plaintiffs present no evidence they have engaged in arbitration. Plaintiffs pres...

Excerpt: ...erson (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. A demurrer for uncertainty is ap...

Excerpt: ...ic 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. Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at 850. Plaintiff submits admissible evidence which establishes the existence of a wri...

Excerpt: ...he 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 4 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. A plaintiff need not plead facts with specificity where th...

Excerpt: ...tions of the complaint is dropped as moot. Subsequent to filing the motion to strike, an amended complaint was filed which appears to recast the allegations of the complaint and add at least one additional defendant. The court also notes that this matter was automatically stayed by defendant's vexatious litigant motion, infra, by operation of C.C.P. § 391.6. 9 Vexatious litigant motion Defendant Cynthia Woodburn moves to deem plaintiff Davood Kh...

Excerpt: ...here the pleading does not state facts sufficient to constitute a cause of action or when the pleading is uncertain. Code Civ. Proc. §§ 430.10(e) & (f). A demurrer tests the legal sufficiency 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...

Excerpt: ...t adding several causes of action, two defendants, and many additional facts. The court may permit a party to amend a pleading in the furtherance of justice and on such terms as may be just. (Code Civ. Proc., §§ 473(a)(1), 576.) Leave to amend is generally exercised liberally provided there is no showing of prejudice to the opposing party. (Howard v. County of San Diego (4th Dist. 2010) 184 Cal.App.4th 1422, 1428; Douglas v. Superior Court (4th...

Excerpt: ...ions or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) An unlawful detainer complaint must be verified. (Code Civ. Proc., § 1166(a)(1).) Here, defendant contends the first amended complaint is not verified by a party...

Excerpt: ...ospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 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. (2d Dist. 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 ar...

Excerpt: ...ill be served by the severance of the fourth, fifth, or sixth causes of action in the FACC. There has also been an insufficient showing of prejudice to warrant a severance of these causes of action. The court also finds the convenience of the parties and ends of justice support hearing these claims with the remainder of the litigation pending in Placer County. Plaintiffs'/Cross‐Defendants' (Plaintiffs') Demurrer to the First Amended Cross‐Com...

Excerpt: ...iled October 11, 2022. The memorandum of costs states total costs in the amount of $210,246.38. “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary.” (Ladas v. Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774.) Alternatively, where items are properly put in issue by objection, the burden of proof is on the party claiming the...

Excerpt: ...other parties to the action at least 75 days before the time appointed for the hearing. (Code Civ. Proc., § 437c, subd. (a)(2).) Defendants' motion is not supported by sufficient notice. Accordingly, Vincent Procopio and Joe Procopio's motion for summary judgment is denied; Vincent Procopio and Joe Procopio's motion for summary adjudication is denied. 3 Defendant John Procopio's Motion for Summary Judgment or, in the Alternative, Summary Adjudic...

Excerpt: ...he Los Lagos community in Granite Bay; and (4) an order prohibiting attorney Meister from entering PCI's building during the pendency of these proceedings. For the reasons set forth below, the court grants the motion in part. During the pendency of this action, counsel for plaintiff shall be prohibited from contacting defendants directly other than through defendants' counsel of record. The motion is otherwise denied. The motion before the court ...

Excerpt: ... medical negligence claim. Because mere duplication of claims is not a basis to sustain a demurrer, the demurrer is overruled. Blickman Turkus LP v. MF Downtown Sunnyvale LLC (2008) 162 Cal.App.4th 858, 890. Sean Selig's claim for negligent infliction of emotional distress is insufficiently pleaded. The allegations in the first amended complaint regarding Dr. Nelson are very few, including that she is a medical doctor (¶¶ 7‐8), that she began...

Excerpt: ...arte applications seeking the same relief, which relief was denied on October 19, 2022, November 2, 2022, and November 7, 2022. Plaintiff's second ex parte application was identical to the first ex parte application. Plaintiff's third ex parte application contained additional information. However, the third ex parte application was denied as it presented a motion for reconsideration without compliance with the requirements of Code of Civil Proced...

Excerpt: ...ainst her in a prior Placer County case, S‐CV‐0048033. Between them, defendants filed two special motions to strike. Pocklington and AREG's Special Motion to Strike Pursuant to Code of Civil Procedure section 425.16 On its own motion, the court takes judicial notice of the court's file in related matter SCV‐0048033. A motion brought under Code of Civil Procedure section 425.16, also known as an antiSLAPP motion, is a procedural remedy desig...

Excerpt: ...t appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. § 438(d). As with a demurrer, the court must assume the truth of the factual allegations of the complaint. Wise v. Pac. Gas & Electric Co. (2005) 132 Cal.App.4th 725, 738. The motion is denied with respect to the first cause of action for breach of contract, the third cause of action for quantum meruit, and the tenth cause of action...

Excerpt: ... in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Plaintiff's complaint alleges the Tenant Protection Act of 2019 (“TPA”) applies to the premises. (Complaint ¶ 7b.) Plaintiff'...

Excerpt: ...rts, LLC (hereinafter, “Alpha”) and Sierra Central Credit Union (hereinafter, “Sierra Central”) pursuant to Code of Civil Procedure sections 1281.97 and 1281.99. Code of Civil Procedure section 1281.97(a) states: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration administrator, the drafting party to pay certain fees and costs before the ar...

Excerpt: ...ses or where breach occurs, or where the principal place of business is located. Code of Civil Procedure § 395.5. In support of the motion, Balboa relies cites to a portion of its contract with plaintiff and arguments concerning the nature of the claims and its role in the facts giving rise to the complaint. Balboa's reliance on the contract language is unavailing. The language cited includes an agreement that the subject contract is "deemed to ...

Excerpt: ...e no triable issues of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of mate...

Excerpt: ....40. The notice of motion does not indicate the amount of costs sought as required. (Code Civ. Proc., § 685.080, subd. (b).) The court requested supplemental briefing on the effect of a defective notice. Judgment creditors contend an omission in a notice may be overlooked if the supporting papers make clear the relief sought. (Luxury Asset Lending LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894; Luri v. Greenwald (2003) 10...

Excerpt: ... September 8, 2021. On or about November 8, 2021, Commissioner Holley issued a decision finding in favor of respondent, and dissolving the temporary restraining order. Larson filed and served a Notice of Entry of Judgment or Order with respect to Commissioner Holley's decision on November 29, 2021. Larson subsequently moved for attorneys' fees as the prevailing party. Commissioner Holley heard Larson's motion for attorneys' fees on January 20, 20...

Excerpt: ...demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, 12 the court does not assume the truth of contentions, deductions, or ...

Excerpt: ... party and plaintiff and judgment creditor Kari Martinez move the court for leave to late‐file a renewal of judgment for a money judgment entered for plaintiffs and against defendant on January 20, 2012. Moving party sought to file a renewal of judgment in August 2022 and was denied. Moving party filed the instant motion on September 28, 2022. The motion is denied. A renewal of a lump sum money judgment must be filed before the expiration of 10...

Excerpt: ...iled two oppositions to the motion, as explained further, infra. The court thereafter set the motion for hearing and served notice of hearing as required by Code of Civil Procedure 661. No reply to the two oppositions or to the request for judicial notice was filed. Caputo's request for judicial notice is granted. The notice of intention to move for new trial was not timely filed. Judgment was entered by the court August 3, 2022, and served by th...

Excerpt: ...n Associates LLC. Although the motion also sought summary adjudication of the 3d and 4th causes of action for fraudulent concealment and fraudulent misrepresentation, Steele and Sackheim have dropped their request for that relief. A party may move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showing undisputed facts establishing every element necessary to sustain a ...

Excerpt: ... fails to state facts sufficient to constitute a cause of action and liability against them is preempted by the Graves Amendment. (49 U.S.C. § 30106.) The demurrer is sustained. A party may demur where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduc...

Excerpt: ...the prior demurrer was sustained, Weaver filed a second amended cross‐complaint on July 29. This document includes a caption identifying 11 causes of action and, within the cross‐complaint, includes 9 causes of action numbered 1 through 7, 11 and 12. It includes 117 paragraphs of allegations with a prayer of 14 paragraphs and approximately 30 pages of exhibits. Later the same day, Weaver filed a "notice of errata" explaining that the previous...

Excerpt: ... notice are granted. Plaintiff's objections thereto are overruled. Plaintiff submits “judicial notice of facts,” which the court considers to be a request for judicial notice. Plaintiff's requests for judicial notice are denied as they are not proper for judicial notice pursuant to Evidence Code sections 452 or 453. Further, the request does not comply with California Rules of Court rule 3.1306(c). Plaintiff's objections to defendants' exhibi...

Excerpt: ... be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted[.]” (Ibid.) A motion to set aside default must be made “within a reasonable time, in no case exceeding six months” from the entry of default. (Ibid.) Here, defendant's motion does not provide grounds of mistake, inadvertence, surprise, or excusable neglect leading up to the entry of default. While defendant ...

Excerpt: ...ing to defendants' affirmative defenses or the allegations in plaintiff's complaint and information regarding recordings of the incident. Defendant provided responses in April 2022. The parties met and conferred and defendant provided further responses in July 2022 including video surveillance from September 13, 2021. In preparation for these further responses, defendant had reviewed the surveillance footage and produced surveillance from the dat...

Excerpt: ... for judicial notice is granted as to the three exhibits attached to the request only. (Cal. Rules of Court, rule 3.1306(c).) Defendant's objection to the declaration of counsel Kelsey Fischer and Exhibit 1 thereto is sustained and the same are stricken. Ruling on the Motion Defendant moves for judgment on the pleadings. A motion for judgment on the pleadings has the same function as a demurrer but is brought when the time for a demurrer has expi...

Excerpt: ...vil Procedure section 685.080(b). The motion is continued to permit the moving party the opportunity to provide further briefing on the issue. Judgment creditors' further briefing shall be filed by October 25, 2022. Any response from judgment debtors shall be filed by November 1, 2022. Judgment Creditors' Motion for Enforcement Costs (filed 7‐11‐2022) Judgment creditors seeks recovery of enforcement costs from judgment debtor Mark Ellis. Judg...

Excerpt: ...ing does not state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. ...

Excerpt: ...or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Plaintiff'...

Excerpt: ....P. § 877, the settlement of a joint tortfeasor must be made in good faith with respect to the remaining defendants. Id. & C.C.P. § 877.6. "The party asserting the lack of good faith shall have the burden of proof on that issue." Id. at subdiv. (d). In determining whether a settlement was entered into in good faith, the court will consider several factors: a rough approximation of plaintiff's total potential recovery and the settling defendant'...

Excerpt: ...showing of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (Code Civ. Proc., § 1008; Shiffer v. CBS Corp. (1st Dist. 2015) 240 Cal.App.4th 246, 255.) The moving party bears the burden of showing that the 2 information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it at trial...

Excerpt: ...25) and nos. 136‐137 (following the original ¶ 137). Where the court refers to repeated paragraph numbers herein, the second instance of each number is designated by an asterisk (e.g., 115*). If the complaint is amended (see below), the amended complaint should comply with all applicable Rules of Court. Demurrer to complaint by First American, Bernier, and McDermott Defendants First American Title Company, Jessica Bernier, and Caryn McDermott ...

Excerpt: ...ublic policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 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. (2d Dist. 2015) 233 Cal.App.4th 390, 396.) It is ...

Excerpt: ... move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showing undisputed 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. 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, th...

Excerpt: ...uest for judicial notice is granted. Plaintiffs' request for judicial notice is granted. Plaintiffs' objections to portions of the declaration of Matthew Recore are overruled. Plaintiffs' objection 1 to the declaration of Chris Airola is sustained; all other objections are overruled. Defendants' objections to the declaration of Lina Drake are overruled. 3 Ruling on the Motion A party is entitled to bring a motion for summary judgment where there ...

Excerpt: ...n The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 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. (2d...

Excerpt: ...sufficient to constitute a cause of action. C.C.P. § 430.10(e). A demurrer tests the legal sufficiency of the 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 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 judicial...

Excerpt: ... for sanctions, while acknowledging the need for production as described below. A party demanding inspection, copying, testing, or sampling of documents, tangible things, electronically store information and other property— here referred to as a request for production—may move to compel a further response to the demand where the responding party's statements of compliance or representations of inability to comply are incomplete or otherwise i...

Excerpt: ...ative or duplicative; or is obtainable from some other source that is more convenient, less burdensome, or less expensive; or whether the discovery method employed is unduly burdensome or expensive taking into account the need of the case and the importance of the issues at stake. Code of Civil Procedure section 2019.030. Church's request for an order excusing it from responding to any of plaintiff's special interrogatories is denied except as pr...

Excerpt: ... the Motion Defendants' demurrer to the SAC is overruled. A party may demur where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no ma...

Excerpt: ...ts from threatening plaintiff with legal action. Evidentiary Rulings Plaintiff's requests for judicial notice are granted and defendants' objection thereto is overruled. Defendants' objections to portions of the Wiener declaration are overruled. Ruling on the Motion The court may grant a preliminary injunction when it appears from the complaint the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if t...

Excerpt: ...defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences reasona...