Excerpt: ..., however, the court takes judicial notice of the fact of filing of the documents, but not the truth of the information alleged therein. Plaintiff's objections to the request for judicial notice are overruled. Ruling on the Mohon A party may demur where the pleading does not state facts sufficient to constitute a cause of acton or where the pleading is uncertain. (Code Civ. Proc., S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is amb...

Excerpt: ...ust 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 is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim." (Code Civ. Proc., S 481.190.) At a noticed hearing, the court shall issue a ...

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.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The demurrer is reviewed keeping this in mind. Second Cause of Ac...

Excerpt: ...the parties is required on January 2, 2024 at 8:30 a.m. in Department 42 for possible vacation of the January 8th trial date and selection of a firm trial date to take place no later than May 1, 2024 pursuant to Code of Civil Procedure secton 36(f). Motion for Leave to Augment Expert Witness Designation Plaintiff David A. Rodgers moves for an order granting leave to augment his expert witness designation to substitute Caroline Van Alst in place a...

Excerpt: ...to the court a motion or other document, they certify to the court (1) the document is not presented primarily for an improper purposes, (2) the contentons therein are warranted by existing law, (3) the factual contentions have or are likely to have evidentiary support, and (4) the denials of factual contentions are warranted on the evidence or reasonably based on a lack of information or belief. (Code Civ. Proc., S 128.7, subd. (b).) "If, after ...

Excerpt: ...ion based upon new or different facts, circumstances, or law. (Code Civ. Proc., S 1008, subd. (a).) The court may at any time reconsider its prior order if it determines there has been a change of awthat warrants reconsideration. (ld. subd. (c).) As plaintiff's motion is pursuant to Section 1008(c), defendant's contention that the motion is untimely lacks merit. Here, plaintiff contends there has been a change in the aw warranting reconsideration...

Excerpt: ... the Demurrer Defendants Austin Mallory ("Mallory") and County of Placer ("the County") demur to plaintiffs first and second causes of action alleged in the second amended complaint ("SAC"). 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 to be true no matter how...

Excerpt: ...very was not completed 11 earlier, whether a delay in trial or other prejudice would occur, and the length of time between a previous trial date and the instant date. (Code Civ. Proc., S 2024.050.) As to witness Kate Nuss, plaintiff presents evidence Nuss is a necessary witness as the parties' tax preparer when they owned a business together and that she will be unavailable to testify for the current trial dates. Further, plaintiff did not depose...

Excerpt: ...hey also assert their identities were actually known at the time the complaint was filed, which renders the complaint barred against them under the statute of limitations and the Privette doctrine. A motion to quash is the proper method for challenging a doe amendment and may be granted where a plaintiff knew the defendant's identity prior to filing the complaint. (McClatchy v. Coblentz, Patch, Duffy & Bass, LLP (2016) 247 Cal.App.4th 368, 374.) ...

Excerpt: ...rous objections to the declaration of Jennifer G. Redmond and exhibits thereto. The objections do not satisfy the requirements of the California Rules of Court, as they identify the evidence but do not "[q]uote or set forth the objectionable statement or material." (Cal. Rules of Court, rule 3.1354(b)(3).) Additionally, many of the individually numbered objections include several objections. For example, objection number one objects to forty-eigh...

Excerpt: ... be a motion for reconsideration of defendant's motion for new trial or motion to set aside void judgment. The party seeking reconsideration shall identify the "application that was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Code Civ. Proc., S 1008, subd. (a).) A motion for reconsideration requires a showing by affdavit of new or differe...

Excerpt: ...s to exhibits A, 8, C, and E. Plaintiff moves for an order of general reference pursuant to the written agreement of the parties and Code of Civil Procedure section 638 et seq. Plaintiff further requests the court appoint a referee pursuant to Code of Civil Procedure section 640(b). The court may appoint a referee "upon the motion of a party to a written contract or lease that prov-des that any controversy arising therefrom shall be heard by a re...

Excerpt: ... Civil Procedure section 515.010. (Code Civ. Proc., S 512.060, subd. (a).) "No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that the property is located there." (Code Civ. Proc., S 512.060, subd. Plaintiff provides declaratory evidence the tractors are likely to be in defendants' possession because defenda...

Excerpt: ...ed. Ruling on the Motion The court may grant a preliminary injunction when it appears from the pleading that cross complainant is entitled to the demanded relief and plaintiff would suffer irreparable injury if the enjoined action 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...

Excerpt: ...telligible. (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 true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) 3 However, the court does not assume the truth of contentions, d...

Excerpt: ...therein. Defendants initially filed the instant motion acting in pro persona and requested relief pursuant to Code of Civil Procedure sections 473(b) and 473(d). However, such a motion under Section 473(b) is untimely as brought more than 180 days after entry of default; further, the motion provided no basis on which Section 473(d) relief could be granted. Defendants' statutory motion to set aside entry of default is denied. Defendants subsequent...

Excerpt: ...Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774.) "On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs."(ld. at pp. 774—76.) When the reasonableness of particular ftems is challenged, conclusory allegations do not satisfy the objecting party's burden. (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266.) Deposition Costs Plaintiff contests depositi...

Excerpt: ...e section 2032.310 and to set an evidentiary hearing for a judicial determination of plaintiff Nan Shaw's legal capacity. 9 Preliminary Matters and Evidentiary Rulings The court accepts defendant Ryan Rivera's motion for joinder to FOAM's reply. Plaintiffs elected to file their untimely opposition to the instant motion in the same briefing as their reply to their motion for a protective order. This is improper and conflates the issues. Plaintiffs...

Excerpt: ... not respond. The court finds defendants sufficiently endeavored to meet and confer prior to the filing of the instant motion. 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. S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. A demurrer tests the legal sufficiency of the pleadings, not t...

Excerpt: ...ng 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.) However, "[ilf the allegations in the complaint conflict with the exhibits, we rely on and accept as true the contents of the exhibits." (SC Manufactured Homes, Inc. v. Liebert (2008) 162 Cal.App.4th 68, 83.) The court, however, does not accept the truth of contentions, deductions, or conclusi...

Excerpt: ...verriding interest will be prejudiced if the records are not sealed. The court further finds that the proposed 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 court orders sealed NCFMC's memorandum of points and authorities in support of demurrer to and motion to strike plaintiff's second amended complaint. Copies of thi...

Excerpt: ...on within the complaint were completely discharged in her Chapter 7 bankruptcy action. The trial court shall grant a motion for 7 summary judgment if "all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law." of Civil Procedure section 437c(c).) A party to the action may also move for summary adjudication that party contends there is no merit to one or ...

Excerpt: ...vowed interest in the disputed 2 funds. (Ibid.) The court intends to grant plaintiff's motion. However a continuance is necessary based on the request for fees. Plaintiff requests attorney's fees in the amount of $5,795 and costs in the amount of $1,529.10. The court notes several inconsistencies regarding statements of incurred attorneys' fees in the memorandum and supporting declaration. The memorandum states plaintiff has incurred 22.8 hours o...

Excerpt: ...ice of the information declared therein. Ruling on the Motion Respondent Seyed Mohammad Caranizadeh seeks attorneys' fees in the amount of $27,'W8.50. In this case, petitioner Ali Zamanimahforoujaki filed a request for civil harassment restraining order ("CHRO"). The court granted temporary orders pending a hearing. At the initial hearing on March 6, 2023, the court dissolved the temporary orders. Subsequently, petitioner filed a request for dism...

Excerpt: ...der v. Anderson (2CG) 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 Air Pollution Control District (2CG) 113 Cal.App.4th 597, 6...