Excerpt: ...joined action were allowed to proceed. (Code Civ. Proc., § 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 (2d Dist. 1984) 159 Cal.App.3d 1051, 1059.) The plaintiff has the burden of showing they would be harmed without a preliminary ...

Excerpt: ... strike is entitled to an award of attorneys' fees incurred in filing the motion. Code Civ. Proc. § 425.16(c)(1). The purpose of the fee‐ shifting provision is to discourage meritless lawsuits and also to provide financial relief to the victims of lawsuits which are subject to the anti‐SLAPP law. City of Los Angeles v. Animal Defense League (2006) 135 Cal.App.4th 606, 627. Courts have held that only fees and costs incurred on the motion to s...

Excerpt: ...v. Proc. § 430.10(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, 604. The court does not assume the truth of contentions, deductions, or conclusion...

Excerpt: ...vertheless, the court is permitted to take judicial notice of the legal effect of a document's language where that effect is clear. Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; see also 11 McElroy v. Chase Manhattan Mortgage Corp. (2005) 134 Cal.App.4th 388, 394 (judicial notice taken of recordation of notice of default under deed of trust, date of recording, and amount stated as owing). Defendant Wi...

Excerpt: ...ly filed pursuant to Code of Civil Procedure section 472, the court will deem the amended answer as having been filed in accordance with the court's granting of leave to amend. 7 Motion to Strike Sourdough Solutions, Incorporated's Answer Plaintiff and cross‐defendant John P. Casper Family Partnership's motion to strike Sourdough Solutions, Incorporated's (“Soudough's”) answer is granted with leave to amend on the grounds that the answer wa...

Excerpt: ...1422, 1428; Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158. Courts must apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. Elling Corp. v. Superior Court (1975) 48 Cal.App.3d 89. A motion for leave to amend must be accompanied by a declaration which specifies the purpose and effect of the proposed amendments...

Excerpt: ...rt rulings of other state and federal courts are not binding on this court. Plaintiff's objections to evidence are overruled. Defendant Starbucks Corporation moves to compel arbitration of plaintiff Tessa Turner's claims, and to stay the action pending arbitration. 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...

Excerpt: ... (Code Civ. Proc., § 2019.210. emphasis added.) The reasonable particularity requirement is meant “to help the court shape discovery, and to give the defendant the opportunity to develop defenses.” (Brescia v. Angelin (2d Dist. 2009) 172 Cal.App.4th 133, 149–50.) Reasonable particularity does not mean the claimant “has to define every minute detail of its claimed trade secret at the outset of the litigation. Nor does it require a . . . t...

Excerpt: ...motion is substantively deficient in other ways. Defendant's motion argues that the subpoena is facially defective and/or procedurally defective, but defendant does not provide evidence regarding the timing of service of any documents, nor does the motion include the subpoena itself. Defendant does not demonstrate that the subpoena is duplicative or burdensome. Defendant does not demonstrate that the subpoena seeks documents that are irrelevant t...

Excerpt: ...er identified as DR6045‐6120 (“the Draft Agreement”), ordering the continued deposition of Michael Devereaux, and appointing a discovery referee to oversee the continued deposition. The Draft Agreement was produced in discovery by plaintiff Donyne Ranch LLC, in response to a request for production of documents served by defendant. As described by defense counsel, it contains handwritten notations. Defense counsel believes that the notations...

Excerpt: ...rt has jurisdiction to consider defendant's motion for attorney's fees. Defendant is the prevailing party in this action, as the court granted defendant's motion for summary judgment. Defendant requests attorneys' fees pursuant to Civil Code section 1717 totaling $51,595, plus $60 in costs incurred in the filing of the current motion. The first amended complaint alleged a single cause of action against defendant for breach of written contract. Th...

Excerpt: ...om the parties regarding the issue of whether a private right of action existed under Health and Safety Code section 1280.18, or CCR, Title 16, § 1881(d). The court's file reflects that plaintiffs filed a supplemental brief on March 28, 2022, and that defendants filed a supplemental brief on March 29, 2022. The parties reference an earlier supplemental brief purportedly filed by defendants on or about March 22, 2022. However, the court's file re...

Excerpt: ...sing out of plaintiff Greg Boas's purchase of a 2008 Ford F250 on or about January 1, 2009. The complaint in this action was filed on April 29, 2019. A notice of settlement was filed August 30, 2021. Defendant agreed to pay plaintiff $66,335 in exchange for surrender of the subject vehicle, plus fees and costs to be determined by motion. Plaintiff now moves for an award of attorneys' fees and costs. Civil Code section 1794(d) authorizes the recov...

Excerpt: ...cluding (1) delays and last‐minute cancellations of the deposition of Cross; (2) inadequate document productions; (3) failure to cooperate with the Receiver; (4) late payment of sanctions and non‐payment of other charges requested by plaintiff; (5) unprofessional and uncivil correspondence from defense counsel; and (6) the failure to respond to meet and confer letters. Terminating sanctions are an extreme sanction for those cases where misuse...

Excerpt: ... Rulings on Pride's Request for Judicial Notice and Edelweiss's Objection Pride's request for judicial notice is granted. Edelweiss's objection to Pride's April 12, 2022, filing is sustained. 11 Ruling on the Motion Pride's motion is denied. The settlement of fewer than all joint tortfeasors must be made in good faith with respect to the remaining defendants. (Code Civ. Proc., §§ 877, 877.6.) “The party asserting the lack of good faith shall ...

Excerpt: ... Health Sacramento Sierra Region dba Sutter Roseville Medical Center (“Sutter”) in the memorandum of costs filed February 2, 2022. The memorandum of costs states total costs in the amount of $53,788.39. However, the court notes that this total does not include expert witness fees in the amount of $38,944.37, which are set forth only in the memorandum of costs worksheet. Sutter's opposition to the motion confirms that Sutter also seeks expert ...

Excerpt: ... 652, 656. Where discovery seeks to invade the constitutional right to privacy, the party seeking the discovery must show that the information sought is directly relevant to claims at issue in the litigation, there is a compelling need for the information, and the information is essential to a fair resolution of the lawsuit. Alch v. Superior Court (2008) 165 Cal.App.4th 1412, 1425. The subject subpoena seeks the following documents: 14 1. Your Fi...

Excerpt: ...urchased medical device from defendant Cynosure, LLC (“Cynosure”), which was financed by a loan obtained from MMP pursuant to an Equipment Finance Agreement (“EFA”). Plaintiff alleges breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, and unfair competition claims against Cynosure. Plaintiff alleges breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair competit...

Excerpt: ...exatious because of his connections with vexatious litigant Rodney Quigley (“Quigley”). To that end, defendants provide evidence that Quigley has involved himself in the current action by corresponding with defendants and counsel under the auspices of “representing” Harmoning's interests, or having been directed by Harmoning to send communications. Defendants also note that the formatting and style of pleadings filed by Harmoning and corr...

Excerpt: ...al sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, ...

Excerpt: ...son (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. 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 previously sustained a demurrer to the verified petition and complaint as to the claims as...

Excerpt: ...Superior Court (1975) 15 Cal.3d 652, 656. Where discovery seeks to invade the constitutional right to privacy, the party seeking the discovery must show that the information sought is directly relevant to claims at issue in the litigation, there is a compelling need for the information, and the information is essential to a fair resolution of the lawsuit. Alch v. Superior Court (2008) 165 Cal.App.4th 1412, 1425. The subject subpoena seeks the fol...

Excerpt: ...pitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence of a valid arbitration agreem...

Excerpt: ...ntract, regardless of who initiates the action. Pacific Custom Pools, Inc. v. Turner Construction Co. (2000) 79 Cal.App.4th 1254, 1268. One who is not a party to the contract may be able to recover fees under section 1717 only if it would have been liable for such fees had it lost the action. Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128‐ 129. A nonsignatory defendant seeking to recover fees under Civil Code section 1717 must establ...

Excerpt: ... 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 conclusions of facts or law. Evans v. City of Berkeley (2006) ...

Excerpt: ...motion, or through a cost memorandum at the conclusion of the litigation). Johnson filed a special motion to strike the first, second, third, fourth and ninth causes of action alleged by defendant and cross‐complainant Aimee Lubell (“Lubell”) in the first amended cross‐complaint. The court granted the motion as to the first, second, and fourth causes of action in their entirety, and as to Paragraph Nos. 51, 53 and 54 of the third cause of...

Excerpt: ...5 involves a complaint filed by plaintiffs Kim Johnson and KD Johnson and Associates (collectively “Johnson”), against defendant Aimee Lubell (“Lubell”), and a cross‐complaint by Lubell against Johnson. The pleadings arise from counseling services provided by Johnson to Lubell and her two sons, Jonathan Scharrer and Jaxon Scharrer. Johnson alleges claims against Lubell arising from Lubell's alleged failure to pay in full for the service...

Excerpt: ...Trust action”). 3 Code of Civil Procedure section 1048 permits consolidation of multiple actions which involve common questions of law or fact. In determining whether multiple actions pending in the same court should be consolidated, the court examines various issues including the timeliness of the motion, whether granting consolidation would cause undue confusion or complexity, and whether consolidation would adversely prejudice the rights of ...

Excerpt: ... 29, 2014 (“the Trust action”). Code of Civil Procedure section 1048 permits consolidation of multiple actions which involve common questions of law or fact. In determining whether multiple actions pending in the same court should be consolidated, the court examines various issues, including the timeliness of the motion, whether granting consolidation would cause undue confusion or complexity, and whether consolidation would adversely prejudi...

Excerpt: ...e overruled. Ruling on Motion Defendant Placer Valley Sports Complex, Inc. seeks summary adjudication as to the first, third, fourth and sixth causes of action alleged in the complaint filed by Sherry Larsen, 4 individually and dba California State Enterprises. A party may move for summary adjudication if there is no merit to one or more causes of action and the motion completely disposes of a cause of action. Code Civ. Proc. § 437c(f)(1). The m...

Excerpt: ...rder to prevent a trustee's sale of her home due to several alleged violations of the California Homeowner Bill of Rights (“HBOR”). The fees were awarded pursuant to Civil Code section 2924.12(h), which states: A court may award a prevailing borrower reasonable attorney's fees and costs in an action brought pursuant to this section. A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injuncti...

Excerpt: ...��scorched earth'; nor does it mean lack of civility. [Citations.] Zeal and vigor in the representation of clients are commendable. So are civility, courtesy, and cooperation. They are not mutually exclusive.” In re Marriage of Davenport (2011) 194 Cal.App.4th 1507, 1537. As one court stated, “[t]he timbre of our time has become unfortunately aggressive and disrespectful. Language addressed to opposing counsel and courts has lurched off the p...

Excerpt: ...reinafter be referred to as “attorney defendants.” Attorney defendants caused a 3‐day notice to perform or quit to be served on plaintiff for an alleged violation of the lease. Attorney defendants thereafter filed against plaintiff a verified complaint for unlawful detainer. The unlawful detainer action is set for trial. In Count 4 of his First Amended Complaint, plaintiff alleges the 3‐ day notice and the verified complaint for unlawful ...

Excerpt: ... further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete.”) See also Leach v. Superior Court (1980) 111 Cal.App.3d 902, 95 (noting that no meet and confer is required where there is a “total failure to respond to interrogatories within the time prescribed by statute”). In light of the substance of the motion, it is subject to the 45‐day limit set...

Excerpt: ... action. Code Civ. Proc. § 430.10(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, 604. The demurrer is sustained in its entirety. Plaintiff alleges ...

Excerpt: ...ery in the civil action while the criminal action is pending. Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 885. In determining whether to grant a defendant's request to stay discovery, the court considers the extent to which the defendant's Fifth Amendment rights are implicated; the interests of the plaintiff in proceeding expeditiously and the potential prejudice of a delay; the burden the proceedings may impose on the defendants; t...

Excerpt: ...laintiff's counsel to defense counsel, which defendant argues was a valid settlement offer to settle plaintiff's claims against defendant for policy limits. Defendant further argues that the offer was accepted, and that a binding settlement agreement was entered into. This claim is the basis for defendant's second amended cross‐ complaint, which seeks specific performance of the alleged settlement agreement. Defendant moved for summary judgment...

Excerpt: ...surable 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. In this case, defendant fails to establish that the claim sued on is a commercial claim. Against an individual, attachment lies only on a claim that arises “out of the conduct by the defendant of a trade, business or profession.” Code Civ. Proc....

Excerpt: ...not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court 9 assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. The demurrer is sustained. A claim for i...

Excerpt: ...ection 2025.230; and (3) require meet and confer and mutual coordination over a period not exceeding five business days, for notices, subpoenas or requests for SPS PMQ deposition testimony or SPS percipient witness testimony occurring in Utah. A party or deponent may seek a protective order where, upon a showing of good cause, an order is necessary for protection from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. ...

Excerpt: ...ied School District demurs to the first cause of action for dangerous condition of public property, alleged in plaintiff Gage Menezes's first amended complaint. 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....

Excerpt: ...f a building at a job site where Bonner was performing work. At the time of the incident, Bonner was acting as an employee for Lawson and Lawson was performing work pursuant to a Master Subcontract Agreement with Turner. Turner contends that Lawson has a duty to defend, indemnify, and hold Turner harmless from plaintiff's claims pursuant to the language of the Master Subcontract Agreement. Thus on June 29, 2020, Turner tendered their defense and ...

Excerpt: ...ll not sufficiently address the discovery derelictions. Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796‐797. In light of the extreme effect of terminating sanctions, courts do not impose such a sanction lightly. The totality of the circumstances surrounding the discovery violations are considered when ordering terminating sanctions: (1) whether the party's conduct was willful; (2) the detriment to the propounding party; and (3) the number of fo...

Excerpt: ...1 and 2 are sustained. Objection No. 3 is overruled. 5 Ruling on Motion Plaintiff Future Ford, Inc. seeks a preliminary injunction against defendant Jason Parks. The requested injunction would prevent defendant from using, disseminating, communicating, conveying, disclosing, copying, duplicating, modifying and/or destroying information regarding current or potential Future Ford customers, which information plaintiff identifies as confidential, pr...

Excerpt: ... of 7 the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. The demurrer is overruled. A plaintiff may pursue inconsistent counts in a complaint by pleading cla...

Excerpt: ....App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. The demurrer is overruled as to plaintiff's first cause of action for general negligence. The complaint, read as a whole, alleges sufficient facts to support thi...

Excerpt: ...quest for sanctions is denied. The premise of defendant's request is that plaintiff intentionally withheld certain information regarding the alleged need for future fusion surgery in this personal injury action. Defendant has not established that this information was known to plaintiff and/or his counsel prior to the time that plaintiff served supplemental responses. Further, the court previously determined that a request to strike the admission ...

Excerpt: ...dicated in the introductory paragraph of the court's tentative rulings. The current hearing was set by minute order filed December 15, 2021. The matter is set for a motion for reconsideration, or to set aside the court's ruling on plaintiff's motion to vacate, issued on November 9, 2021. By way of background, plaintiff's motion to 4 vacate, filed October 13, 2021, sought relief relating to the court's ruling from August 10, 2021, which sustained ...

Excerpt: ... Rawlins, and co‐defendants Alan Roberts and Beverly Roberts (collectively “the Robertses”). A party must make a demand for exchange of expert witness information no later than the 10th day after the initial trial date has been set, or 70 days before the trial date, whichever is closer to the trial date. Code Civ. Proc. § 2034.220. Expert witness discovery closes fifteen days before the initial trial date. Code Civ. Proc. § 2024.030. Moti...

Excerpt: ...s, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. The court cannot consider extrinsic evi...