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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...