Excerpt: ...Woodward and Judson Cline to produce further responses to requests for production numbers 2, 3, 4, 7, 8, and 9 in plaintiff's deposition notice and amended deposition notice to Woodward and numbers 2, 3, 4, 7, 8, 9, 10, and 11 in plaintiff's deposition notice and amended deposition notice to Cline. As to Cline, the motion to compel production of further responses is granted in part as to request for production number 9 only. Further responses are...

Excerpt: ...Code Civ. Proc. S 430.10, subds. (e), (f).) 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 true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. ...

Excerpt: ...gations 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 FAC in this instance is contradictory, disjointed, and diffcult to comprehend. Plaintiff appears to have removed viable claims f...

Excerpt: ...to the arbitration agreement is also a party to a pending court action or special proceeding with a third party arising out of the same transacton. (Code of Civil Procedure section 1281.2.) 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.) Once the petitioner meets this initial...

Excerpt: ...79 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 of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 5.) The court will not assume the truth of any allegations contradicted by judicially noticeable facts....

Excerpt: ...b 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, 503.) The court reviews the complaint keeping this in mind. First Cause of Action — Invasion of Privacy The invasion of privacy claim here is based upon the alleged...

Excerpt: ... is granted. Defendant Taylor's motion is denied. Judgment was entered for plaintiff as against defendant Taylor. "After entry of judgment, the superior court did not have jurisdiction to entertain or decide a motion for reconsideration. [Citations.)" (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 860, fn. 29.) Even if the court could reach the merits of the motion, it would still be denied as defendant Taylor does not present any new ...

Excerpt: ...nity to re- file the motion to fix procedural deficiencies. Ms. Dolmo re-filed the motion July 10, 2023. Mr. Miller had initially filed an opposition May 3, 2023. He then refiled his opposition July 24, 2023. Ms. Dolmo filed a reply June 1, 2023, a sur reply without leave of court on July 10, 2023 that appears to be a duplicate of the June 1, 2023 filing. Ms. Dolmo then filed a second sur reply without 3 leave of court on August 3, 2023 asking th...

Excerpt: ...ourt where the district court would have original jurisdiction. Here, it is plaintiffs' moving for removal rather than a defendant, and plaintiffs cite no grounds that authorize such a procedure. This court further observes on May 24, 2023, the Central District of California ordered the matter remanded to Placer County Superior Court for a lack of federal jurisdiction. Special Motion to Strike Defendants Kristina Pelletier and Arnold L. Graff ("A...

Excerpt: ...moves to compel ini
Ÿal responses to form interrogatories, set 1. A mo
Ÿon to compel further responses to interrogatories or requests for admissions must be served within 45 days of the service of the response, unless the par
Ÿes have agreed in wri
Ÿng to extend this period. (Code Civ. Proc., §§ 2030.300, subd. (c); 2033.290, subd. (c).) The
Ÿme limit is jurisdic
Ÿonal, and the court has no authority to rule on an un
Ÿmely mo
Ÿon to co...

Excerpt: ...009) 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 subject to judicial notice...

Excerpt: .... 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 Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, However, the court does not assume the truth of conte...

Excerpt: ...' 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 improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court reviews the SAC with these principles in mind. A review of the claims alleged in the SAC shows both causes of action remain barred under the version of Civil Cade section 47(...

Excerpt: ... against ACIC is for recovery on a performance bond. Evidentiary Rulings The court on its own motion takes judicial notice of the amendment to the first amended cross-complaint filed April 20, 2022. Cross- complainant's objection numbers 2 and 3 to the declaration of Brad Sutton are sustained; the objections are otherwise overruled. Cross-defendant's objection numbers 1 and 2 are sustained; the objections are otherwise overruled. Ruling on the Mo...

Excerpt: ...However, as to exhibit 3, judicial notice is granted only as to the fact of filing rather than the truth of the matter therein. Plaintiff's request for judicial notice is granted. 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 (2010) 189 Cal.A...

Excerpt: ... defendant: (1) violation of Civil Code secton 1793.2(d), (2) violation of Civil Cade section 1793.2(b), (3) violation of Civil Code section 1793.2(a)(3), (4) breach of the implied warranty of merchantability, and (5) negligent inducement (concealment). Evidentiary Rulings Plaintiffs' request for judicial notice is granted. Ruling on the Motion The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently app...

Excerpt: ...deny the motion on this procedural issue alone; however, the court exercises its discretion to reach the merits in light of plaintiff's filed opposition. On the court's own motion, the court takes judicial notice of the entire court file. This action for unlawful detainer was initially filed July 26, 2022. Defendant Storer filed a demurrer August 5, 2022, which was sustained with leave. Plaintiff filed an amended complaint August 24, 2022. The pr...

Excerpt: ... abuse, a survivorship cause of action by Shelley Markstein as successorin-interest to her mother, decedent Loretta Cooper; and (2) wrongful death, brought by Ms. Markstein individually. 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 (2010) 189 Cal.App.4th 1399, 1...

Excerpt: ...s to Exhibit B, the court takes judicial notice the declaration was filed but does not take judicial notce of the contents therein. Plaintiff's supplemental request for judicial notice filed July 6, 2023 is denied as it was submitted with the reply brief and defendants have had no opportunity to be heard on this issue. Defendants' objections 2, 5, 7—13, 16—19, 24, and 29 are sustained; objection 3 is overruled given the ruling on plaintiffs r...

Excerpt: ...tative ruling tentatively granting, in part, the motion for monetary sanctions as against Chase Meister and KDH Law and indicating the court had not considered plaintiff's untimely opposition. Oral argument was requested, but before it was heard, plaintiff sought an order by ex parte application for the court to consider plaintiffs opposition, which the court granted only as to those portions of the opposition that address the legality of an orde...

Excerpt: ...re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389.) When reviewing the fairness of the settlement, the court is to give due regard to the parties' agreement, ensuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7-Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fa...

Excerpt: ...cts 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. 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 Materi...

Excerpt: ... the declaration of Marcus Contrado, MD, MPH is sustained as the declaration is extrinsic to the pleading and is not subject to judicial notice. A party may demur where the pleading does not state 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 c...

Excerpt: ...r, although it is signed by Ms. Dolmo. Ms. Dolmo's address and telephone number are not included on the memorandum of points and authorities. The moving papers as submitted violate the Code of Civil Procedure section 128.7(a), which requires that every "pleading, petition, written notce of motion, or other similar paper" shall be signed by the attorney of record or, if not represented, by the party. Further, "[e]ach paper shall state the signer's...

Excerpt: ...udicial notice of plaintiff's first amended complaint filed May 11, 2021 and cross-complainants' first amended cross- complaint filed March 10, 2022. Cross-defendant's objections to cross-complainants' separate statement of facts are overruled. Cross-complainants' objections to portions of the declaration of Robert Lawton and several exhibits thereto are overruled. Cross-complainants' separate statement of undisputed facts does not separately ide...

Excerpt: ...1993 trust"), moves for summary judgment or, in the alternative, summary adjudication, as to the fifth cause of achon as against defendant individually, all causes of action as against defendant as successor trustee of the 2013 trust, and all causes of action otherwise. Defendant's request for judicial notce is granted. 5 A party is entitled to bring a motion for summary judgment where there are no triable issues of fact and the moving party is e...

Excerpt: ...ure to abide by the court's turnover order and (2) failure to comply with the order of examination. "The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: ... (5) Disobedience of any lawful judgment, order, or process of the court." (Code Civ. Proc., S 1209, subd. (a)(5).) "Every court shall have the power to do all of the following: ... (4) To compel obedience to it...

Excerpt: ...nsider 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 injunction. (Casmalia Resources, Ltd. v. County of Santa Barbara (2d Dist. 1987) 195 Cal.App.3d 827, 838.) The more likely it is a ...

Excerpt: ...ng a moton 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„ S 437c, subd. 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. (ld. subd. Only when this initial burden is met dæs the burden shift to the opposing party ...

Excerpt: ...30.10, 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 (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...

Excerpt: ...urther meet and confer efforts. The court continues this motion to July 18, 2023 at 8:30 a.m. in Department 42 to be heard together with plaintiffs' ten other motions to compel further responses. The parties are directed to further meet and confer in good faith towards resolution of these discovery disputes. If the parties' further meet and confer efforts are unsuccessful, it is the court's 6 intention to appoint a discovery referee pursuant to C...

Excerpt: ... to claim punitive damages against a health care provider. The court may grant such leave if plaintiff establishes through supporting and opposing affidavits "there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code." (Code Civ. Proc„ S 425.13, subd. (a).) To support punitive damages, plaintiffs must allege ultimate facts supporting a finding by clear and convincing evidence of o...

Excerpt: ...ington has brought regarding the court's December 13, 2022 order. The court denied the first motion without prejudice on January 24, 2023 due to procedural deficiencies. The court denied the second on March 21, 2023 due to procedural deficiencies and also noted the motion would be denied on the merits as well. Plaintiff's opposition is untimely filed. The court exercises its discretion to consider all briefing in this matter. The court observes m...

Excerpt: ...oc., S 438, subd. (g); Southern California Edison Co. v. City of Victorville (2013) 217 Cal.App.4th 218, 227.) A defendant may move for judgment on the pleadings when the complaint does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., S 438, subd. The grounds for the motion must appear on the face of the challenged pleading or be based on facts which the court may judicially notice. (Code Civ. Proc., S 438, subd. (d)....

Excerpt: ...now ton"). On Deck's request for judicial notce is granted. A party is entitled to bring a motion for summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. A plaintiff or cross-complainant has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in its favor. (Code Civ. Proc., S 437c, subd...

Excerpt: ..., plaintiff filed an untimely opposition. The court has not considered this late filing. Defendants' request for judicial notce is granted. However, as to Exhibit 2, the request is granted as to the fact that the declaration was filed and not for the truth of the matters declared therein or of the attachments thereto. Defendants move for monetary sanctions against plaintiff's counsel Chase Meister and the law firm KDH Law. The motion follows a se...

Excerpt: ...on to determine whether a class action settlement is fair, adequate, and reasonable. (In re Cellphone Fee Termination Cases (2010) 186 Cal .App.4th 1380, 1389.) When reviewing the fairness ofthe settlement, the court is to give due regard to the parties' agreement, ensuring that the agreement is not a product of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7-Eleven Owners for F...

Excerpt: ... 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, 504.) 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 unopposed demurrer is sustained as the complaint does not...

Excerpt: ...r Farm Group LLC and for monetary sanctions of $2,265 - Mohon to compel further responses with documents to requests for admission, set 1, from 1550 3rd Street LLC and for monetary sanctions of $2,265 - Motion to compel further responses with documents to requests for production and documents, set 1, from 1550 3rd Street LLC and for monetary sanctions of $2,265 5 - Motion to compel further responses with documents to special interrogatories, set ...

Excerpt: ...lair) and 7.6 hours at an hourly rate of $300 for another (Scott Christensen). A prevailing party in an action on contract is entitled to recover reasonable attorneys' fees where the contract provides for their recovery. (Civ. C'Nle, S 1717, subd. After a trial on stipulated facts, the court found in favor of Heritage Inn on the complaint and cross complaint. The note and other documents underlying this case provide for the 5 recovery of attorney...

Excerpt: ... is void on its face, a defendant may move to set aside at anytime. (Kremerman v. White (2021) 71 Cal.App.5th 358.) "A judgment 'is considered void on its face only when the invalidity is apparent from an inspection of the judgment roll or court record without consideration of extrinsic evidence.' [Citation.) When a default judgment has been taken, the judgment roll consists of 'the summons, with the affdavit or proof of service, the complaint, t...

Excerpt: ...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 will not assume the truth of any allegations contradicted by judicially...

Excerpt: ... statement of damages, and the requests for entry of default and proposed judgment were blank as to damages. The amount of damages awarded in default judgment cannot exceed what was demanded in the operative complaint. Civ. Proc., S 580, subd. A statement of damages is required in a personal injury or wrongful death action or where punitive damages are sought. (Code Civ. Proc„ SS 425.11, 425.115.) Here, a review of the court file reveals the op...

Excerpt: ... or excusable neglect." (CINIe Civ. Proc., S 473, subd. (b).) A motion to set aside dismissal must be made "within a reasonable time, in no case exceeding six months" from the entry of default. (Ibid.) Here, plaintiff's request is based on various obstacles that have im#ded her ability to litigate this case, including medical issues, caring for her elderly mother, and having limited access to the Internet and a law library. Further, plaintiff's r...

Excerpt: ...ribed 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, 504.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2005) 38 Cal.4th 1, 6.) Here, defendant contends the complain...

Excerpt: ...f's request for judicial notce is granted. Plaintiff has the burden to prove the facts establishing proper service upon the defendants. (Summers v. McClanahan (2005) 140 Cal.App.4th 403, 413.) The filing of a statutorily compliant proof of service creates a presumption that service was proper but such a presumption is rebuttable. (Dilla v. Berquist Const. Co., Inc. (1994) 24 Cal.App.4th 1426, 1441—42; Floveyor Int'l, Ltd. v. Superior Court (Shi...

Excerpt: ...ion of counsel Daniel Law. The court exercises its discretion and considers all briefing in this matter. Ruling on the Mohon 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 599, 706; Laswell v. AG Seal Beach, LLC (2010) 189 Cal.App.4th 1399, 1405.) under both federal and state law, a threshold question f...

Excerpt: ... liberally prov-ded 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 Dist. 1989) 215 cal.App.3d 155, 158.) Despite the of liberally allowing amendments, whether to grant or deny an amendment is nonetheless "largely within the sound discretion of the trial court" and "its exercise will not disturbed in the absence of a showing of gross...

Excerpt: ...llegations 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. 10 (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The SAC is reviewed keeping this in mind. A review of the SAC shows plaintiff fails to allege sufficient facts to constitute...

Excerpt: ...r Lane Riedel's request. Oral argument was requested, and Mr. Riedel's counsel of record appeared at the date and time for hearing on February 28, 2023. The matter was continued to April 11, 2023, supplemental briefing was allowed, and the minutes reflect "briefing schedule per code." California Code of Procedure requires an opposition be supported by nine court days' notice. (Code Civ. Proc., S 1005, subd. (b).) Here, defendant Christopher Lane ...