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: ... 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....

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: ...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: ...' 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: .... 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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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...