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

Excerpt: ...ot state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed tru...

Excerpt: ...onsidered the information therein. A party may demur where the court has no jurisdiction of the subject of the cause of 11 action alleged in the pleading. (Code Civ. Proc. S 430.10, subd. (a).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbab...

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

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

Excerpt: ...ct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) The court may only refer to matters outside the pleading that are s...

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

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

Excerpt: ...lso demur in an achon founded upon contract if it cannot be ascertained from the pleading whether the contract is written, oral, or implied by conduct. (ld. at subd. A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy' of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. W...

Excerpt: .... (c), (e), (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or co...

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

Excerpt: ...ement is (1) fair and reasonable, (2) the class notice is adequate, and (3) certification of the class is proper. (In re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389.) Further, the court reviews the moving papers along with the entirety of the court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA-related statute. (Lab. Code, S 2699(1); CYConnor v. Uber Tech...

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

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

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

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

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

Excerpt: ...nduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) The court may only refer to matters outside the pleading that ar...

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

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

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