Excerpt: ...ry Adjudication against plaintiff's third amended complaint; - Declaration of Michele R. Sullivan in support of defendant Michele R. Sullivan's motion for adjudication against plaintiff's third amended complaint (and what appears to be a duplicate); - Objection to plaintiff's evidence in reply to defendants John L. Sullivan and John L. Sullivan Investments, Inc. dba Roseville Toyota's Motion for Summary Adjudication against plaintiffs third amend...

Excerpt: ... sued defendant for breach of a contract which included a fee shifting provision: (FAC, Exh. A, 12.) Defendant is entitled to recover attorney's fees even though she is a non-signatory to the contract. (Civ. Code, S 1717; Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128—29 [Civil Code section 1717 must "be interpreted to further provide a reciprocal remedy for a nonsignatory defendant, sued on a contract as if he were a party to it, wh...

Excerpt: ...ed together as one, which is inappropriate. Further, the motion to strike fails to "quote in full the portions sought to be stricken." (Cal. Rules of Court, rule 3.1322(a).) Defendant is admonished to abide by the Rules of Court in the future. The court exercises its discretion to reach both motions on the merits. Defendant's request for judicial notice is granted as to the fact of the documents having been filed; however, the court does not take...

Excerpt: ...h the Government Claims Act, the causes of action are barred by their respective statutes of limitations, and Civil Code secton 47 provided for absolute immunity to any alleged false statements made to law enforcement. 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 dee...

Excerpt: ... pleading does not state facts sufficient to constitute a cause of action. Civ. Proc., S 430.10, subd. 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 (2ff)9) 179 Cal.App.4th 775, 787.) he allegations in the pleadings 3 are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 59...

Excerpt: ...nifer Saeger and Bardley Saeger's (collectively, "Saegers") separate statement of undisputed material facts is deficient because it is not formatted into two-columns nor separately identify each cause of action subject to the motion. (Cal. Rules of Court, rule 3.1350, subd. (db.) Ruling on Mohon as to Cause of Action in Complaint as a Plaintiff The Saegers motion for summary judgment, or in the alternative, for summary adjudication is denied in f...

Excerpt: ... to file a second motion to seal, it must be filed and served by November 15, 2023. Any documents in opposition to the motion(s) to seal must be filed and served by November 16, 2023. Furthermore, on October 31, 2023, the court granted three defense motions to seal. It has come to the court's attention defendants lodged several unredacted documents that were not included in the motons to seal or in the court's October 31, 2023 order: Defendants J...

Excerpt: ...ntinuance of the instant motion to allow for further discovery pursuant to Code of Civil Procedure section 437c(h). Plaintiff's request to continue is denied. A party may request a continuance "at any time on or before the date the opposition response to the motion is due," which is fourteen days preceding the hearing. (Code Civ. Proc., S 437c(h), (b)(2).) Plaintiff's request to continue was untimely filed, providing only thirteen days' notice. F...

Excerpt: ...ies as required. The objection is overruled. Cross-complainant attached two exhibits to the opposition brief and refers to the exhibits throughout the memorandum of points and authorities. However, that an opposing party may have made admissions or allegations in another context does not resolve any deficiencies in cross-complainant's pleading. The exhibits are outside of the allegations in the cross-complaint and not subject to judicial notice a...

Excerpt: ...aintiff's allegations or accuracy of the described conduct. (Bader v. Anderson 179 Cal.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.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Ai...

Excerpt: ...numbers 1 and 2 are sustained; the objections are otherwise overruled. Plaintiff's objections numbers 1 and 2 are sustained; the objections are otherwise overruled. Defendant's objections to plaintiff's reply filed October 31, 2023 are overruled in their entirety. Plaintiff submitted new evidence together with her reply brief. Defendant filed a suropposition. The court exercises its discretion and considers all briefing and supporting papers in t...

Excerpt: ...d declaration containing facts sufficient to justify the sealing. (Cal. Rules of Court, rule 2.551, subd. (b)(l).) A review of the court file reveals no memorandum of points and authorities or declaration have been filed, although they are referenced in the notice of motion and the attached proof of service. The court continues the motion to seal to be heard November 28 at 8:30 a.m. in Department 42. NCFMC is directed to file and serve a notce of...

Excerpt: ...y adjudication as to the third and fourth causes of action of plaintiff's second amended complaint. Evidentiary Rulings Defense counsel made no efforts to meet and confer as the Local Rules require for all motions on the Civil Law and Moton calendar. However, this is not a basis on which to rule on such a motion. Further, there is no statutory obligation to meet and confer for such a motion and the court observes a dispositive evidentiary motion ...

Excerpt: ...rbitration is denied. A threshold question for any motion to compel arbitration is whether an agreement to arbitrate exists between the parties. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) he moving party carries this initial burden by proving, by a of the evidence, the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) The opposing party may then produce evidence to cha...

Excerpt: ...r dismissal when "an application for relief is made no more than six months after entry of judgment ... and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Civ. Proc. S 473, subd. Further, the motion must include a copy of the answer or other proposed pleading to be filed. (Ibid.) If an applicant meets the requirements for the mandatory relief provision, the court must relieve...

Excerpt: ...hat the overriding interest will be prejudiced if the records are not sealed. The court further finds that the sealing of information is narrowly tailored, and that no less restrictive means to achieve the identified overriding interest exists. (Cal. Rules of Court, rule 2.550(d).) The following documents are ordered sealed: 8 Copies of the above documents will be sealed and maintained in the court's electronic file and shall be available only to...

Excerpt: ...8.10, subd. (a)(l).) This includes both personal jurisdiction and subject matter jurisdiction. (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1144.) A challenge to the court's jurisdiction based on the doctrine of tribal sovereign immunity may also be raised by a moton to quash. (See Self v. Cher-Ae Heights ndian Community of Trinidad Rancheria (2021) 60 Cal.App.5th 209, 215.) When determining whether 2 tribal sovereign immunity exists for a...

Excerpt: ...pecial motions to strike, three demurrers to the complaint, one moton to strike portions of the complaint, and plaintiffs' motion to remove the case to federal court. Defendants' request for judicial notice is granted. The moton is denied. A motion for reconsideration requires a showing by affidavit 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. (...

Excerpt: ... 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 Berkeley (20436) 38 Cal.4th 1, 6.) Th...

Excerpt: ...e of action. (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 (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, 504.) However, the court does not assume the truth...

Excerpt: .... at subd. (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations orthe accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The 16 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 c...

Excerpt: ...amount is fixed or readily ascertainable not less than $500. (Code Civ. Proc., S 483.010, subd. (a).) Ascertainable damages must be measurable by the contract or by reference to the contract itself and 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.) "A claim has 'probable validity' where it is more 15 likely than not that the plaintiff will o...

Excerpt: ...The court now considers consolidation of the consolidated unlawful detainer matter, SCV-[n50143, with the breach of contract case, In the breach of contract case, plaintiff's complaint alleges (1) breach of lease, (2) and (3) breach of guaranty, and (4) foreclosure of deed of trust. Plaintiff subsequently dismissed the fourth cause of action. Defendant filed a cross-complaint alleging (1) declaratory relief, (2) injunctive relief, (3) breach of c...

Excerpt: ...hen "an application for relief is made no more than six months after entry of judgment ... and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Civ. Proc. S 473, subd. (b).) Further, the motion must include a copy of the answer or other proposed pleading to be filed. (Ibid.) If an applicant meets the requirements for the mandatory relief provision, the court must relieve the ap...

Excerpt: ...3, subdivision (b). (Code Civ. Proc. § 473, subd. (b).) The default entered against cross-defendant Lube Buster, Inc. on June 27, 2023, as to cross- complainant Adel Abdo's cross-complaint is set aside. The default entered against cross-defendant Lube Buster, Inc. on June 28, 2023, as to cross-complainant Mahmoud Nassif 's cross-complaint is set aside. The court declines to consider the request to set aside default judgment as no default judgmen...

Excerpt: ...ice is granted pursuant to Evidence Code section 452(d) to the extent the dtNuments presented are filed documents in the court's file. The court dæs not accept as true the allegations contained within several of those court filings. Plaintiff's request to present oral testimony pursuant to California Rules of Court rule 3.1306 is denied as the request is not supported by good cause. 7 Defendant's opposition was untimely filed without explanation...

Excerpt: ...ng (1) breach of contract, (2) fraud, (3) cancellation of instrument, (4) partition, and (5) intentional interference with contract. Young's request for judicial notice is granted. The court may order consolidation of actions involving a common question of law or fact. Civ. Proc., S 1048, subd. (a).) "[T]itle issues generally cannot be raised in unlawful detainer actions. [Citation.)" (Struiksma v. Ocwen Loan Servicing, LLC (2021) 66 Cal.App.5th ...

Excerpt: ...party seller, but not defendant manufacturer. The warranty book is not signed by any party. On June 28, 2022, the court granted defendant's motion and compelled the matter to arbitration. In so ruling, the court found defendant was a thirdparty beneficiary of the RISC and defendant could therefore enforce the arbitration provision therein. Similarly, as to the warranty book, the court found plaintiff's claims against defendant relate directly to ...

Excerpt: ...f will prevail in the litigation. (Code Civ. Proc. S 391.1(a).) "Security" means an undertaking to assure payment to the party for whose benefit the undertaking is required to be furnished or the party's reasonable expenses including attorneys' fees. (Code Civ. Proc. S 391(c).) Plaintiff has been declared a vexatious litigant. (Declaration of Rachel D. Hamilton, 92, Exh. A.) Plaintiff was declared a vexatious litigant on April 26, 2021, based on ...

Excerpt: ...is on which to rule on such a motion. Judgment creditor's request for judicial notce is granted. The unopposed motion is granted. (Code Civ. Proc., SS 708.020, 2030.290.) Judgment debtor is ordered to provide responses, without objections, to judgment creditor's interrogatories set one within 21 days of service of notice of this order. Judgment creditor's request for sanctions is denied as the motion was unopposed and judgment creditor failed to ...

Excerpt: ...aintiffs' objection number 3 to portions of the declaration of Bryan Kreft is sustained. Plaintiffs' objections are otherwise overruled. Plaintiffs' motion for trial preference is granted. The court finds plaintiff Nan Shaw is over 70 years of age, has a substantial interest in the action as a whole, and her health is such that preference is necessary to prevent prejudicing her interest in the litigation. (Code Civ. Proc., S 36, subd. (a).) While...

Excerpt: ...ot state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (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 tru...

Excerpt: ...onsidered the information therein. A party may demur where the court has no jurisdiction of the subject of the cause of 11 action alleged in the pleading. (Code Civ. Proc. S 430.10, subd. (a).) 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 improbab...

Excerpt: ...swer on September 2, 2022. The court requests County of Placer Office of Education to provide an endorsed filed copy of their answer to the court by p.m. on October 3, 2023. The court apologizes for the inconvenience and thanks the County of Placer Office of Education for its cooperation. Ruling on Motion Plaintiff's unopposed motion to seal is granted. Court records are presumed to be open to the public unless confidentiality is required by law....

Excerpt: ...ith attempt to resolve the issue informally. (Code Civ. Proc., SS 2030.300, subd. (b)(l), 2015.040; Local Rule 20.2.1.) While plaintiffs present evidence of their attempts to meet and confer leading up to the filing of the instant motion, defendant submitted a responsive meet and confer letter after the moving papers were filed indicating a willingness to further meet and confer and a willingness to provide further responses upon the execution of...

Excerpt: ...ct. (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 Berkeley (2006) 38 Cal.4th 1, 6.) The court may only refer to matters outside the pleading that are s...

Excerpt: .... (c), (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 (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 co...

Excerpt: ...s matter and denies plaintiff's motion to strike the untimely filing. The parties are on notice the court expects their compliance with the Code of Civil Procedure and the California Rules of Court, and any future untimely filings will be stricken by the court. Plaintiff's request for judicial notce is granted. Defendant's request for judicial notice is granted. Defendant's objection to the instant motion is overruled. Ruling on the Mohon The cou...

Excerpt: ...lso demur in an achon founded upon contract if it cannot be ascertained from the pleading whether the contract is written, oral, or implied by conduct. (ld. at subd. 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. W...

Excerpt: ...ve for summary judgment or, in the alternative, summary adjudication to all remaining causes of action in the second amended complaint. Evidentiary Rulings Plaintiff's request for judicial notice is granted. Plaintiff's objection number one is sustained as to the entirety of defendants' separate statement. Plaintiff's objections are otherwise overruled. 3 Ruling on the Motion The motion is denied. Defendants' moving papers failed to include admis...

Excerpt: ...the motion. Thusly, the court will proceed to hear the merits of the motion, taking into consideration arguments made in the supplemental briefing along with the allegations in the FAC. Ruling on Motion The motion is granted. Generally, there must be an action #nding before a court prior to a party recording a lis pendens against a property. (Code of Civil Procedure sections 405.20, 22.) Said another 9 way, a lis pendens notice may only be record...

Excerpt: ...l other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto." (Code Civ. Proc., S 128, subd. "Code of Civil Procedure section 128, subdivision (a)(5) gives courts the power to order a lawyer's disqualification. [Citation.]" (DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 831— 32, citation omitted.) A disqualification motion addresses a conflict between a party's right to choose...

Excerpt: ...ement is (1) fair and reasonable, (2) the class notice is adequate, and (3) certification of the class is proper. (In re Cellphone Fee Termination Cases (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, S 2699(1); CYConnor v. Uber Tech...

Excerpt: ...aining to dismissed defendant Hudson Insurance Co., to omit the cause of action under Vehicle Code section 11711, and to add additional causes of action against Exclusive for violations of the Consumer Legal Remedies Act, violation of the unfair Competition Law, fraudulent misrepresentation, concealment, and negligent misrepresentation. Exclusive opposes the motion. The court may permit a party to amend a pleading in the furtherance of justice an...

Excerpt: ...arty bears the initial burden of establishing each element of the cause of achon entitling them to judgment as a matter of law. (ld. subds. (f)(l), Only if this initial burden is met will the burden shift to the opposing party to establish a triable issue of material fact. (ld. subd. (p)(l).) In reviewing a motion for summary adjudication, the court must view the supporting evidence and all reasonable inferences drawn from the evidence in the lig...

Excerpt: ...production of documents must be served within 45 days of the service of the response, unless the parties have agreed in writing to extend this period. (Code Civ. Proc., S 2031.310, subd. The time limit is jurisdictional, and the court has no authority to rule on an untimely motion to compel furthers other than to deny it. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Plaintiffs provide evidence of a purported extension in a March 9...

Excerpt: ...rt on its own motion takes judicial notice of the first amended complaint filed November 5, 2021. Plaintiff's opposition was untimely filed. Civ. Proc„ S 437c, subd. The court exercises its discretion to consider all briefing submitted in this motion, including the untimely opposition and related documents. Defendant's objections are overruled in their entirety. Ruling on the Moton A party is entitled to bring a motion for summary judgment wher...

Excerpt: ...nduct. (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 Berkeley (2006) 38 Cal.4th 1, 6.) The court may only refer to matters outside the pleading that ar...

Excerpt: ...rment in value. The court denied plaintiff's prior ex parte application for this relief but issued a temporary protective order and scheduled this hearing. Preliminary Matters Plaintiff submitted new evidence with fts reply brief to which defendant has not had the opportunity to respond. The court exercises its discretion and considers all briefing in this matter. The court issued a temporary protective order on July 20, 2023 to become effective ...

Excerpt: ...ion were allowed to proceed. (Code Civ. Proc., S 526, subd. (a).) In making this determination, "the court must consider whether the party seeking the injunction is likely to prevail on the merits" and balances the relative harm to the parties. (Mitsui Manufacturers Bank v. Texas Commerce Bank-Ford Worth (1984) 159 Cal.App.3d 1051, 1059.) The plaintiff has the burden of show-ng they would be harmed without a preliminary injunction. (Casmalia Reso...