Excerpt: ...rty is entitled to judgment as a matter of law. (Code Civ. Proc., §§ 437c, subd. (c); 1170.7.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in its favor. (Consumer Cause, Inc. v. SmileCare (2d Dist. 2001) 91 Cal.App.4th 454, 468.) In reviewing a motion for summary judgment, the court must view the supporting evidence, and inferences reasonably drawn from such evidence...

Excerpt: ...ome. The matter was set for hearing and, at defendants' request, continued to permit them to retain counsel and submit their formal opposition to the application for right to attach order. Prejudgment attachment is available on a contract claim for money where the claim is fixed or readily ascertainable in an amount not less than $500. Attachment is not available where the claim is fully secured by real property. Where attachment is sought agains...

Excerpt: ...ded in California Rules of Court, rule 3.1324. Furthermore, the declaration in support of the motion was untimely filed. (Code Civ. Proc., § 1005.) Ms. Dolmo filed a “First Amended Cross‐Complaint” on July 19, 2022 without leave of court to do so. This filing is ordered stricken. Finally, Ms. Dolmo lodged several exhibits with the court in support of this motion designated as “sealed exhibits.” No notice of motion to seal was filed and...

Excerpt: ...e of summons and first amended complaint is granted. Defendant seeks to quash service based on defective service and the doctrine of tribal sovereign immunity. As to defective service, this court previously granted a motion to quash based on sovereign immunity. Plaintiff's proof of service filed April 22, 2022 showing mailed service on defense counsel on March 26, 2022. However, following a successful motion to quash, service must be personally s...

Excerpt: ... for $70,056.50 is reasonable. Determining the reasonable amount of attorney's fees begins with the lodestar method, that is, the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) The lodestar figure may then be adjusted, based upon factors specific to the case, to fix the fees at a fair market value for the legal services provided. (Ibid.) The court carefully revie...

Excerpt: ...nduct. 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, or conclusions of facts or law. Id. The demurrer ...

Excerpt: ...fferee fails to obtain a more favorable judgment or award, costs allowable under Code of Civil Procedure section 1032 may be augmented. Code Civ. Proc. § 998(c), (d). In such circumstances, the court may order defendant to pay reasonable fees for plaintiff's expert witnesses in preparation for and/or during trial of the case. Code Civ. Proc. § 998(d). Further, when a party serves successive unrevoked and unaccepted § 998 offers and defendant f...

Excerpt: ...the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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 contentio...

Excerpt: ...e court shall declare, including protective orders." C.C.P. § 1987.1(a). The court may also make "any other order as may be appropriate to protect the [moving person] from unreasonable or oppressive demands, including unreasonable violations of the right to privacy of the person." Id. Parks asserts that requests 1‐12 and 15‐ 16 are irrelevant and overbroad, and they seek private, privileged information. In particular, Parks relies on the tax...

Excerpt: ...bit 10 because trial court decisions of other courts have no binding or persuasive authority on this court. Plaintiff's objections to PTC's reply evidence are overruled and the accompanying motion to strike is denied. PTC's objections to the declarations of plaintiff and Anita Prasad are overruled and the accompanying motion to strike is denied. Ruling on the Motion to Dismiss PTC first contends dismissal is mandatory because service of summons o...

Excerpt: ...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 material fact. (Ibid.) I...

Excerpt: ...mistake to justify setting aside default. (Henderson v. PG&E (5th Dist. 2010) 187 Cal.App.4th 215, 229.) Courts favor relief from entry of default for a long‐standing judicial preference for determining matters on their merits. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Defendant requests Section 473(b) relief because (1) he has no training or experience in the legal field and (2) plaintiff failed to provide him written notice of his ri...

Excerpt: ...or judicial notice filed July 14, 2022 is denied as it is untimely. 4 Ruling on Demurrer Defendant Work World America, Inc.'s demurrer is overruled in its entirety. 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. ...

Excerpt: ...al sufficiency of the pleadings, not the trust 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 Be...

Excerpt: ...or from judicially noticed matters. C.C.P. § 437. Defendants move to strike two portions of the complaint relating to emotional injury, including the phrases "substantial emotional distress" at 7:3 (within the fraud claim against both Filo Real Estate and McKay), and "which emotional distress was caused by Defendant's breach" at 7:28 (within the breach of fiduciary duty claim against Filo Real Estate only). The first of these phrases is included...

Excerpt: ...ff's first amended complaint in its entirety pursuant to Code of Civil Procedure section 425.16. The court granted the motion in part, as to portions of the first cause of action, and as to the fifth cause of action. The motion was otherwise denied. A defendant who only partially succeeds on an anti‐SLAPP motion is generally considered a prevailing party entitled to fees and costs unless the results of the motion were so insignificant that defe...

Excerpt: ...omplaint for legal malpractice. A party is entitled to bring a 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(c). The party seeking summary judgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826...

Excerpt: ...judicial notice are granted. Pride's requests for judicial notice are granted. Ruling on the Motion 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 3 determining whether a settlement was entered into in good faith, th...

Excerpt: ...ring with two discovery motions. A notice of settlement of the entire case was filed October 22, 2021. Defendant has agreed to pay plaintiff $150,000 in exchange for surrender of the subject vehicle, plus fees and costs to be determined by motion. Plaintiff now moves for an award of attorneys' fees and costs. Civil Code section 1794(d) authorizes the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determine...

Excerpt: ...cient to constitute a cause of action or if the pleading 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. (2...

Excerpt: ...Proc. § 430.10(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. (2d Dist. 1981) 123 Cal.App.3d 593, 604. As to the third cause of action, the allegations of the complaint ...

Excerpt: ...as not discovered—and thus did not accrue—until March 2022; the claim was thereafter presented to SMUD in April 2022. A plaintiff has "reason to discover a cause of action when . . . she has reason to at least suspect a factual basis for its elements." JJ v. County of San Diego (2014) 223 Cal.App.4th 1214, 1222. Such suspicion then requires reasonable investigation on the part of plaintiff before plaintiff may invoke the late‐discovery rule...

Excerpt: ...e “within a reasonable time, in no case exceeding six months” from the entry of default. (Ibid.) A party seeking Section 473(b) relief must do so with diligence. (See, e.g., Kendall v. Barker (1st Dist. 1988) 197 Cal.App.3d 619, 624 [Section 473(b) relief was not sought “within a reasonable time” when the moving party delayed five months and 24 days without explanation.]; Benjamin v. Dalmo Mgf. Co. (1948) 31 Cal.2d 523, 528 [finding an ab...

Excerpt: ...it of mandate under seal; (3) petitioner's motion to file opposition to demurrer under seal; and (4) respondent's motion to file reply to demurrer under seal, the court rules as follows: The motions are granted. The court finds based on the moving papers and supporting documents filed with respect to each of the motions identified above that there exists an overriding interest that overcomes the right of public access to the records to be sealed....

Excerpt: ... at all—pursuant either to statute or parties' agreement—are available for services at trial and on appeal.” (Morcos v. Bd. of Retirement (1990) 51 Cal.3d 924, 927, citation omitted.) The court must next address whether defendant's request for $134,899.87 is reasonable. Determining the reasonable amount of attorneys' fees begins with the lodestar method, that is, the number of hours reasonably expended multiplied by the reasonable hourly ra...

Excerpt: ...rocedure section 425.10(a)(2), which requires a demand for judgment to state the amount demanded if recovery of money or damages is sought. The demurrer is overruled on this ground. A general demurrer challenges the sufficiency of the cause of action pleaded, and may be overruled if any valid cause of action is alleged. An improper demand for relief, while potentially subjecting the pleading to a motion to strike, does not vitiate an otherwise va...

Excerpt: ...notes that defendants Christina Montes and Regina Fraticelli are not named in the first or second causes of action. A party may demur 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 allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations...

Excerpt: ...urpose of completing expert witness depositions. Defendants did not seek, and the court did not grant, an order extending the discovery cutoff date for the filing of motions to enforce discovery relating to expert depositions. The court also notes that the law and motion minutes from proceedings in this court on June 9, 2022, states “Discovery is closed. Disclosure[s] are closed. Expert discovery is closed.” Even if the court were to consider...

Excerpt: ... 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. (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. “‘...

Excerpt: ...S Corp. (2015) 240 Cal.App.4th 246, 255. The moving party bears the burden of showing that the information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it at trial. New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212‐213. Reconsideration cannot be granted based on the moving party's claims that the court misinterpreted the law in its initial ruling. G...

Excerpt: ...roc. § 657(5)); 4. Insufficiency of the evidence to justify the decision of the court (Code Civ. Proc. § 657(6)); and 5. Error in law, occurring at trial and excepted to by the party making the application (Code Civ. Proc. § 657(7)). As a preliminary matter, the court finds that the motion was timely filed. Pursuant to Code of Civil Procedure section 659, a notice of intention to move for new trial must be filed “[w]ithin 15 days of the date...

Excerpt: ...adings, 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. 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. 9 T...

Excerpt: ...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 reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal....

Excerpt: ... 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.) The unopposed demurrer is sustained. The complaint does not allege a valid cause of action for unlawful detainer. Plaintiff alleges the tenancy is exempt from the Tenant Protection Act of 2019 (“TPA”) but cites a subdivision for exemption that ...

Excerpt: ...15.5. The court sustains this objection. As the evidentiary issue with Hart's declaration is curable, if Hart were to submit a declaration that complies with Code of Civil Procedure section 2015.5 before oral argument, the court will consider it. Callender moves for a court order requiring Hart to file an undertaking for costs. For such an order, a defendant must show (1) plaintiff resides out of state and (2) there is a “reasonable possibility...

Excerpt: ...s with the lodestar method, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095. “The reasonable hourly rate is that prevailing in the community for similar work.” Id. at 1095. Respondent requests attorneys' fees at the rates between $300‐ $400 per hour for counsel. Considering all the circumstances of the present case, and the reasonable billing rates fo...

Excerpt: ...on Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. Defendants Union Pacific Railroad Company and Mary Schroll demur to plaintiff's fourth cause of action for intentional infliction of emotional distress. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. Code Civ. Proc. § 430.10(e), (f). A demurrer tests the legal 5 sufficiency of the pleadings, not t...

Excerpt: ... action alleged in plaintiff Change Lending, LLC's 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 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 prope...

Excerpt: ...th 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, 5 the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. The demurrer is overruled as to plaintiffs' first cause ...

Excerpt: ...faith with respect to the remaining defendants. Code Civ. Proc. §§ 877, 877.6. 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's proportionate liability, the amount paid in settlement, the allocation of proceeds among plaintiffs, a recognition that the settling defendant should pay less than if it...

Excerpt: ...suasion that one or more elements of 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 ...

Excerpt: ...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, or conclusions of facts or law. Id. Plaintiff c...

Excerpt: ...Inc. v. Moriana. The Court heard oral argument in March 2022. At issue is the enforceability of arbitration agreements which prohibit an employee from pursuing representative claims in the PAGA context. A decision is expected within the next couple months. Under current law, PAGA claims cannot be arbitrated. Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 384. Thus defendants would have no justification to file a motion to ...

Excerpt: ... in ruling on the motion include: (1) the necessity and the reasons for the discovery; (2) the diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) the likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or oth...

Excerpt: ...ied. Plaintiff first argues that plaintiff is barred from asserting an unlawful detainer claim under the COVID‐19 Rental Housing Recovery Act. As the current action is not based on the nonpayment of rental debt which accumulated due to the COVID‐19 pandemic, the COVID‐19 Rental Housing Recovery Act does not apply to this action. Defendant also raises factual and evidentiary issues regarding the propriety of a lease agreement between defenda...

Excerpt: .... Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (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. (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 existe...

Excerpt: ...ctions, to special interrogatories, set one, numbers 1, 7, 8, 9, 10, 12, 14, 15, 16, 18, 19, 20, and 21. Defendant Onyems shall serve further verified responses on plaintiff no later than May 31, 2022. Plaintiff's request for sanctions is denied, because imposition would be unjust. (Code Civ. Proc., § 2030.300, subd. (d).) However, repeated failures to comply with discovery obligations may lead the court to find an abuse of the discovery process...

Excerpt: ...e settlement is approved …” (Declaration of Jordan W. Maurer, ¶ 4.) Specifically, the dispute between plaintiff and the City involves whether compliance with Medicare requirements means that the settlement agreement must provide for a Medicare Set‐aside Arrangement (“MSA”). The pleadings filed by plaintiff and the City comprehensively discuss the Medicare Secondary Payer (“MSP”) Act, the prohibition on Medicare making payment for a...

Excerpt: ...is uncertain. Code Civ. Proc. § 430.10(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. The court does not assume the truth of contentions,...

Excerpt: ...erson (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 demurrer is overruled. The allegations of the complaint are sufficient to state cause...

Excerpt: ...vertheless, the court is permitted to take judicial notice of the legal effect of a document's language where that effect is clear. Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; see also 11 McElroy v. Chase Manhattan Mortgage Corp. (2005) 134 Cal.App.4th 388, 394 (judicial notice taken of recordation of notice of default under deed of trust, date of recording, and amount stated as owing). Defendant Wi...

Excerpt: ...1422, 1428; Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158. Courts must apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. Elling Corp. v. Superior Court (1975) 48 Cal.App.3d 89. A motion for leave to amend must be accompanied by a declaration which specifies the purpose and effect of the proposed amendments...

Excerpt: ...v. Proc. § 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 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. The court does not assume the truth of contentions, deductions, or conclusion...

Excerpt: ... strike is entitled to an award of attorneys' fees incurred in filing the motion. Code Civ. Proc. § 425.16(c)(1). The purpose of the fee‐ shifting provision is to discourage meritless lawsuits and also to provide financial relief to the victims of lawsuits which are subject to the anti‐SLAPP law. City of Los Angeles v. Animal Defense League (2006) 135 Cal.App.4th 606, 627. Courts have held that only fees and costs incurred on the motion to s...

Excerpt: ...joined action were allowed to proceed. (Code Civ. Proc., § 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 (2d Dist. 1984) 159 Cal.App.3d 1051, 1059.) The plaintiff has the burden of showing they would be harmed without a preliminary ...

Excerpt: ...rt rulings of other state and federal courts are not binding on this court. Plaintiff's objections to evidence are overruled. Defendant Starbucks Corporation moves to compel arbitration of plaintiff Tessa Turner's claims, and to stay the action pending arbitration. 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...

Excerpt: ... (Code Civ. Proc., § 2019.210. emphasis added.) The reasonable particularity requirement is meant “to help the court shape discovery, and to give the defendant the opportunity to develop defenses.” (Brescia v. Angelin (2d Dist. 2009) 172 Cal.App.4th 133, 149–50.) Reasonable particularity does not mean the claimant “has to define every minute detail of its claimed trade secret at the outset of the litigation. Nor does it require a . . . t...

Excerpt: ...motion is substantively deficient in other ways. Defendant's motion argues that the subpoena is facially defective and/or procedurally defective, but defendant does not provide evidence regarding the timing of service of any documents, nor does the motion include the subpoena itself. Defendant does not demonstrate that the subpoena is duplicative or burdensome. Defendant does not demonstrate that the subpoena seeks documents that are irrelevant t...

Excerpt: ...ly filed pursuant to Code of Civil Procedure section 472, the court will deem the amended answer as having been filed in accordance with the court's granting of leave to amend. 7 Motion to Strike Sourdough Solutions, Incorporated's Answer Plaintiff and cross‐defendant John P. Casper Family Partnership's motion to strike Sourdough Solutions, Incorporated's (“Soudough's”) answer is granted with leave to amend on the grounds that the answer wa...

Excerpt: ...er identified as DR6045‐6120 (“the Draft Agreement”), ordering the continued deposition of Michael Devereaux, and appointing a discovery referee to oversee the continued deposition. The Draft Agreement was produced in discovery by plaintiff Donyne Ranch LLC, in response to a request for production of documents served by defendant. As described by defense counsel, it contains handwritten notations. Defense counsel believes that the notations...

Excerpt: ...rt has jurisdiction to consider defendant's motion for attorney's fees. Defendant is the prevailing party in this action, as the court granted defendant's motion for summary judgment. Defendant requests attorneys' fees pursuant to Civil Code section 1717 totaling $51,595, plus $60 in costs incurred in the filing of the current motion. The first amended complaint alleged a single cause of action against defendant for breach of written contract. Th...

Excerpt: ...om the parties regarding the issue of whether a private right of action existed under Health and Safety Code section 1280.18, or CCR, Title 16, § 1881(d). The court's file reflects that plaintiffs filed a supplemental brief on March 28, 2022, and that defendants filed a supplemental brief on March 29, 2022. The parties reference an earlier supplemental brief purportedly filed by defendants on or about March 22, 2022. However, the court's file re...

Excerpt: ...sing out of plaintiff Greg Boas's purchase of a 2008 Ford F250 on or about January 1, 2009. The complaint in this action was filed on April 29, 2019. A notice of settlement was filed August 30, 2021. Defendant agreed to pay plaintiff $66,335 in exchange for surrender of the subject vehicle, plus fees and costs to be determined by motion. Plaintiff now moves for an award of attorneys' fees and costs. Civil Code section 1794(d) authorizes the recov...

Excerpt: ...cluding (1) delays and last‐minute cancellations of the deposition of Cross; (2) inadequate document productions; (3) failure to cooperate with the Receiver; (4) late payment of sanctions and non‐payment of other charges requested by plaintiff; (5) unprofessional and uncivil correspondence from defense counsel; and (6) the failure to respond to meet and confer letters. Terminating sanctions are an extreme sanction for those cases where misuse...

Excerpt: ... Rulings on Pride's Request for Judicial Notice and Edelweiss's Objection Pride's request for judicial notice is granted. Edelweiss's objection to Pride's April 12, 2022, filing is sustained. 11 Ruling on the Motion Pride's motion is denied. 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 ...

Excerpt: ... 652, 656. Where discovery seeks to invade the constitutional right to privacy, the party seeking the discovery must show that the information sought is directly relevant to claims at issue in the litigation, there is a compelling need for the information, and the information is essential to a fair resolution of the lawsuit. Alch v. Superior Court (2008) 165 Cal.App.4th 1412, 1425. The subject subpoena seeks the following documents: 14 1. Your Fi...

Excerpt: ... Health Sacramento Sierra Region dba Sutter Roseville Medical Center (“Sutter”) in the memorandum of costs filed February 2, 2022. The memorandum of costs states total costs in the amount of $53,788.39. However, the court notes that this total does not include expert witness fees in the amount of $38,944.37, which are set forth only in the memorandum of costs worksheet. Sutter's opposition to the motion confirms that Sutter also seeks expert ...

Excerpt: ...urchased medical device from defendant Cynosure, LLC (“Cynosure”), which was financed by a loan obtained from MMP pursuant to an Equipment Finance Agreement (“EFA”). Plaintiff alleges breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, and unfair competition claims against Cynosure. Plaintiff alleges breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair competit...

Excerpt: ...exatious because of his connections with vexatious litigant Rodney Quigley (“Quigley”). To that end, defendants provide evidence that Quigley has involved himself in the current action by corresponding with defendants and counsel under the auspices of “representing” Harmoning's interests, or having been directed by Harmoning to send communications. Defendants also note that the formatting and style of pleadings filed by Harmoning and corr...

Excerpt: ...al 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 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, ...

Excerpt: ...son (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. 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 previously sustained a demurrer to the verified petition and complaint as to the claims as...

Excerpt: ...Superior Court (1975) 15 Cal.3d 652, 656. Where discovery seeks to invade the constitutional right to privacy, the party seeking the discovery must show that the information sought is directly relevant to claims at issue in the litigation, there is a compelling need for the information, and the information is essential to a fair resolution of the lawsuit. Alch v. Superior Court (2008) 165 Cal.App.4th 1412, 1425. The subject subpoena seeks the fol...

Excerpt: ...pitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (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. (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 agreem...

Excerpt: ...ntract, regardless of who initiates the action. Pacific Custom Pools, Inc. v. Turner Construction Co. (2000) 79 Cal.App.4th 1254, 1268. One who is not a party to the contract may be able to recover fees under section 1717 only if it would have been liable for such fees had it lost the action. Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128‐ 129. A nonsignatory defendant seeking to recover fees under Civil Code section 1717 must establ...

Excerpt: ... 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 Berkeley (2006) ...

Excerpt: ...motion, or through a cost memorandum at the conclusion of the litigation). Johnson filed a special motion to strike the first, second, third, fourth and ninth causes of action alleged by defendant and cross‐complainant Aimee Lubell (“Lubell”) in the first amended cross‐complaint. The court granted the motion as to the first, second, and fourth causes of action in their entirety, and as to Paragraph Nos. 51, 53 and 54 of the third cause of...

Excerpt: ...Trust action”). 3 Code of Civil Procedure section 1048 permits consolidation of multiple actions which involve common questions of law or fact. In determining whether multiple actions pending in the same court should be consolidated, the court examines various issues including the timeliness of the motion, whether granting consolidation would cause undue confusion or complexity, and whether consolidation would adversely prejudice the rights of ...

Excerpt: ... 29, 2014 (“the Trust action”). Code of Civil Procedure section 1048 permits consolidation of multiple actions which involve common questions of law or fact. In determining whether multiple actions pending in the same court should be consolidated, the court examines various issues, including the timeliness of the motion, whether granting consolidation would cause undue confusion or complexity, and whether consolidation would adversely prejudi...

Excerpt: ...5 involves a complaint filed by plaintiffs Kim Johnson and KD Johnson and Associates (collectively “Johnson”), against defendant Aimee Lubell (“Lubell”), and a cross‐complaint by Lubell against Johnson. The pleadings arise from counseling services provided by Johnson to Lubell and her two sons, Jonathan Scharrer and Jaxon Scharrer. Johnson alleges claims against Lubell arising from Lubell's alleged failure to pay in full for the service...

Excerpt: ...e overruled. Ruling on Motion Defendant Placer Valley Sports Complex, Inc. seeks summary adjudication as to the first, third, fourth and sixth causes of action alleged in the complaint filed by Sherry Larsen, 4 individually and dba California State Enterprises. A party may move for summary adjudication if there is no merit to one or more causes of action and the motion completely disposes of a cause of action. Code Civ. Proc. § 437c(f)(1). The m...

Excerpt: ...rder to prevent a trustee's sale of her home due to several alleged violations of the California Homeowner Bill of Rights (“HBOR”). The fees were awarded pursuant to Civil Code section 2924.12(h), which states: A court may award a prevailing borrower reasonable attorney's fees and costs in an action brought pursuant to this section. A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injuncti...

Excerpt: ...��scorched earth'; nor does it mean lack of civility. [Citations.] Zeal and vigor in the representation of clients are commendable. So are civility, courtesy, and cooperation. They are not mutually exclusive.” In re Marriage of Davenport (2011) 194 Cal.App.4th 1507, 1537. As one court stated, “[t]he timbre of our time has become unfortunately aggressive and disrespectful. Language addressed to opposing counsel and courts has lurched off the p...

Excerpt: ...reinafter be referred to as “attorney defendants.” Attorney defendants caused a 3‐day notice to perform or quit to be served on plaintiff for an alleged violation of the lease. Attorney defendants thereafter filed against plaintiff a verified complaint for unlawful detainer. The unlawful detainer action is set for trial. In Count 4 of his First Amended Complaint, plaintiff alleges the 3‐ day notice and the verified complaint for unlawful ...

Excerpt: ... further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete.”) See also Leach v. Superior Court (1980) 111 Cal.App.3d 902, 95 (noting that no meet and confer is required where there is a “total failure to respond to interrogatories within the time prescribed by statute”). In light of the substance of the motion, it is subject to the 45‐day limit set...

Excerpt: ... action. Code Civ. Proc. § 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 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. The demurrer is sustained in its entirety. Plaintiff alleges ...

Excerpt: ...ery in the civil action while the criminal action is pending. Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 885. In determining whether to grant a defendant's request to stay discovery, the court considers the extent to which the defendant's Fifth Amendment rights are implicated; the interests of the plaintiff in proceeding expeditiously and the potential prejudice of a delay; the burden the proceedings may impose on the defendants; t...

Excerpt: ...laintiff's counsel to defense counsel, which defendant argues was a valid settlement offer to settle plaintiff's claims against defendant for policy limits. Defendant further argues that the offer was accepted, and that a binding settlement agreement was entered into. This claim is the basis for defendant's second amended cross‐ complaint, which seeks specific performance of the alleged settlement agreement. Defendant moved for summary judgment...

Excerpt: ...surable 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. In this case, defendant fails to establish that the claim sued on is a commercial claim. Against an individual, attachment lies only on a claim that arises “out of the conduct by the defendant of a trade, business or profession.” Code Civ. Proc....

Excerpt: ...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 9 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. The demurrer is sustained. A claim for i...

Excerpt: ...ection 2025.230; and (3) require meet and confer and mutual coordination over a period not exceeding five business days, for notices, subpoenas or requests for SPS PMQ deposition testimony or SPS percipient witness testimony occurring in Utah. A party or deponent may seek a protective order where, upon a showing of good cause, an order is necessary for protection from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. ...

Excerpt: ...ied School District demurs to the first cause of action for dangerous condition of public property, alleged in plaintiff Gage Menezes's first amended complaint. 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....

Excerpt: ...f a building at a job site where Bonner was performing work. At the time of the incident, Bonner was acting as an employee for Lawson and Lawson was performing work pursuant to a Master Subcontract Agreement with Turner. Turner contends that Lawson has a duty to defend, indemnify, and hold Turner harmless from plaintiff's claims pursuant to the language of the Master Subcontract Agreement. Thus on June 29, 2020, Turner tendered their defense and ...

Excerpt: ...ll 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 willful; (2) the detriment to the propounding party; and (3) the number of fo...

Excerpt: ...1 and 2 are sustained. Objection No. 3 is overruled. 5 Ruling on Motion Plaintiff Future Ford, Inc. seeks a preliminary injunction against defendant Jason Parks. The requested injunction would prevent defendant from using, disseminating, communicating, conveying, disclosing, copying, duplicating, modifying and/or destroying information regarding current or potential Future Ford customers, which information plaintiff identifies as confidential, pr...

Excerpt: ... of 7 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. The demurrer is overruled. A plaintiff may pursue inconsistent counts in a complaint by pleading cla...

Excerpt: ....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. The demurrer is overruled as to plaintiff's first cause of action for general negligence. The complaint, read as a whole, alleges sufficient facts to support thi...

Excerpt: ...quest for sanctions is denied. The premise of defendant's request is that plaintiff intentionally withheld certain information regarding the alleged need for future fusion surgery in this personal injury action. Defendant has not established that this information was known to plaintiff and/or his counsel prior to the time that plaintiff served supplemental responses. Further, the court previously determined that a request to strike the admission ...

Excerpt: ...dicated in the introductory paragraph of the court's tentative rulings. The current hearing was set by minute order filed December 15, 2021. The matter is set for a motion for reconsideration, or to set aside the court's ruling on plaintiff's motion to vacate, issued on November 9, 2021. By way of background, plaintiff's motion to 4 vacate, filed October 13, 2021, sought relief relating to the court's ruling from August 10, 2021, which sustained ...

Excerpt: ... Rawlins, and co‐defendants Alan Roberts and Beverly Roberts (collectively “the Robertses”). A party must make a demand for exchange of expert witness information no later than the 10th day after the initial trial date has been set, or 70 days before the trial date, whichever is closer to the trial date. Code Civ. Proc. § 2034.220. Expert witness discovery closes fifteen days before the initial trial date. Code Civ. Proc. § 2024.030. Moti...

Excerpt: ...s, 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. The court cannot consider extrinsic evi...