Excerpt: ... overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. Cal. R. Ct., rule 2.550(d). In her moving papers, Lubell unequivocally argues that the subject document, an email sent by counsel for plaintiffs and cross‐ defendants Kim Johnson and KD Johnson and Associates, to counsel for Lubell on or about June 28, 202...

Excerpt: ...n (collectively “Chambers”) move for summary adjudication as to the first cause of action for breach of contract, and fourth cause of action for declaratory relief, alleged in their cross‐complaint against cross‐defendants Richard H. Brown and RB Waterfronts, LLC (collectively “Brown”). A party may move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showin...

Excerpt: ...he 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; Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 234‐235. “[I]f the proposed settlement appears to be the product of serious, informed, non‐collusive negotiations, has no obvious deficiencies, does not improperly grant preferential treatment to class representatives or segments of the ...

Excerpt: ...d with respect to the current motion. See Cal. R. Ct., rule 2.551. Accordingly, the court has not considered the unfiled and unredacted copies of the opposition or declaration of counsel in ruling on this motion. The clerk is directed to return the unredacted copies to Aizen's counsel. Plaintiffs and cross‐defendants seek leave of court to file an amended complaint, amended answer to cross‐complaint, and cross‐complaint. The court may permi...

Excerpt: ...s: Objection Nos. 2, 8, 9, 11, 12, 13, 20, 23, 30, 31, 36, 41 and 45 are sustained. The remaining objections are overruled. Ruling on Motion Defendant and cross‐complainant Leopoldo Ayala, individually and as successor trustee of the Leopoldo Rodriguez and Ana Rosa Ayala 2013 Revocable Trust and as successor trustee of the Leopoldo R. Ayala Family Trust of July 14, 1993 (hereinafter “defendant”) moves for summary judgment, or in the alterna...

Excerpt: ...t 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, the court does not assume the truth...

Excerpt: ...y 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, the court doe...

Excerpt: ...p.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 moving party 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. “‘[A] p...

Excerpt: ...unction when it appears from the complaint that the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if the enjoined action were allowed to proceed. Code Civ. Proc. § 526(a). In making this determination, the court looks to (1) a balancing of the hardships of the parties and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. Baypoint Mortgage Corp. v. Crest Premiu...

Excerpt: ...ies”. Motions for reconsideration are restricted to circumstances where a party offers some fact or circumstance not previously considered, and some valid reason for not offering it earlier. Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500. A motion for reconsideration must be accompanied by an affidavit or declaration from the moving party which states what application was made previously, when and to what judge the application was made,...

Excerpt: ...rty has not exhausted less intrusive means of discovery. Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, 1287‐1288. When a plaintiff seeks to depose a corporate president or other official at the highest level of corporate management, and that official moves for a protective order to prohibit the deposition, the trial court should first 2 determine whether the plaintiff has shown good cause that the official has unique or ...

Excerpt: ... 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, the court does...

Excerpt: ...d Dist. 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. (2d Dist. 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 agreement. (Engalla v. Permanente Medical Group, Inc. (199...

Excerpt: ...ary judgment, or alternatively summary adjudication of each cause of action alleged against him by plaintiffs Angelica Amaya (“Amaya”) and California Renewable Energy Program, LLC (“CRE”), as well as the prayer for punitive damages. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants moving for summary j...

Excerpt: ...eply are sustained. Plaintiff moves for summary judgment with respect to her claim for breach of contract as alleged against defendant Ashley Sutton. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). A plaintiff moving for summary judgment bears the initial burden of showing that there is no defense to her action, and sh...

Excerpt: ... motion was heard. (Code Civ. Proc., § 1008, subd. (b); Hennigan v. White (3d Dist. 2011) 199 Cal.App.4th 395, 405.) Defendant has not set forth new or different facts, circumstances, or law that could not have been presented when the initial motion was heard. Motions for statutory relief from default must be made within six months. (Code Civ. Proc., § 473, subd. (b).) This time period is jurisdictional, and the court may not consider a motion ...

Excerpt: ... (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. No extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nels...

Excerpt: ...leading in the furtherance of justice and on such terms as may be just. Code Civ. Proc. §§ 473(a)(1), 576. Leave to amend is generally exercised liberally so long as there is no showing of prejudice to the opposing party. Howard v. County of San Diego (2010) 184 Cal.App.4th 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 stag...

Excerpt: ...curred on November 2, 2021. Defendants failed to appear at trial, which according to the minutes proceeded in defendants' absence at 11:39 a.m. The current motion was filed on December 1, 2021. 2 Defendants note a family court hearing scheduled during the same time as the unlawful detainer trial. Defendants had previously requested permission to appear by video at the trial because of the conflicting hearings. Notably, defendants did not request ...

Excerpt: ...s and telephone number, as well as the next hearing dates set in the matter. Motion to Compel Arbitration Defendants move to compel 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 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. Under both federal and state la...

Excerpt: ...s exist to obtain the information than to depose opposing counsel; (2) the information sought is relevant and not privileged; (3) the information is crucial to the preparation of the case.” 5 Spectra‐Physics, Inc. v. Superior Court (1988) 198 Cal.App.3d 1487, 1494. This standard has also been applied when the attorney to be deposed is a former opposition counsel. Nemirofsky v. Seok Ki Kim (N.D. Cal. 2007) 523 F.Supp.2d 998. Although not bindi...

Excerpt: ...moving for summary judgment bear the burden of persuasion that one or more elements of the causes of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the op...

Excerpt: ...d it is entitled to judgment in its favor. Code Civ. Proc. § 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff alleges claims of breach of contra...

Excerpt: ...laration of Kristian Knapp, the court has also considered the untimely declaration in ruling on this motion. Moving defendants seek a protective order in response to plaintiff's demand for inspection of the gymnasium and cafeteria, and plaintiff's separate demand served on codefendant ShowBiz Event Lighting (“ShowBiz”) for inspection of certain identified sound equipment. Moving defendants ask that the inspection be limited to a weekday, betw...

Excerpt: ...lender's motion and issued an order requiring Hart to serve responses to the subject discovery on or before September 17, 2021. The court also imposed sanctions on Hart in the amount of $700. Hart did not comply with the court's order requiring service of responses by September 17, 2021. Plaintiff's counsel attempted to meet and confer with Hart on September 23, 2021, and September 27, 2021. Hart indicated that she did not feel safe disclosing an...

Excerpt: ...42. A proof of service filed October 1, 2021, states that defendant was served by personal service with an order to appear for examination and civil subpoena duces tecum on August 16, 2021, at 8:00 a.m., at 9790 King Road, Loomis, California, which is judgment debtor's residence. In support of the motion, the registered process server who purportedly effectuated service also submits a declaration with additional details regarding the service. The...

Excerpt: ...ber 15, 2021, and October 20, 2021, due to the death of her father. In opposition to defendant's motion, plaintiff submitted photographs taken by defendant's neighbor supporting plaintiff's argument that defendant was in fact present at the subject residence during the aforementioned time period, including the date of service. Because the opposition was not timely processed in advance of the originally scheduled hearing date, the hearing was cont...

Excerpt: ...n by plaintiff's second amended complaint, filed on July 28, 2021. The second amended complaint alleges breach of contract, misappropriation of trade secrets, breach of the implied covenant of good faith and fair dealing, fraud, and conversion, each claim arising from the alleged breach of a settlement agreement entered into between plaintiff and defendants Herbert Feinberg, Harry Feinberg, Richard Tinervin, and Gotham Enterprises and Affiliates,...

Excerpt: ...t are brought primarily to chill the valid exercise of a party's constitutional right of petition or free speech. Code Civ. Proc. § 425.16(a); see also Sylmar Air Conditioning v. Pueblo Contracting Svcs., Inc. (2004) 122 Cal.App.4th 1049, 1055‐1056. In determining whether an action or claim is a SLAPP suit subject to a special motion to strike, the court evaluates first whether the claim arises out of the defendant's protected speech or petiti...

Excerpt: ...ing, utilizing or sharing “any Smartrise trade secret or confidential information”, “any Smartrise document or property obtained during their employment”, and “any Company Invention created by any of the Individual Defendants at any time during employment with Smartrise.” The requested injunction would also prevent defendants from “deleting, modifying, altering, or otherwise destroying or hiding any information or item held by defen...

Excerpt: ... provided insufficient notice with respect to the hearing date which he scheduled for the motion. Second, a motion to vacate judgment does not lie following a ruling on a demurrer. Payne v. Radar (2008) 167 Cal.App.4th 1569, 1574, disapproved on other grounds by Ryan v. Rosenfeld (2017) 3 Cal.5th 124. As a demurrer tests only the sufficiency of the pleadings, there are no “conclusions of law” to be corrected from “uncontroverted evidence”...

Excerpt: ...e, a court rule, or an order of the court.” Code Civ. Proc. § 436. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. Code Civ. Proc. § 437. 4 Defendants' motion is denied as to Paragraphs 9, 10, 11, 12, 15, 16 and 18. The subject allegations were included in plaintiff's original complaint. As to those allegations which were identified in defendants' m...

Excerpt: ...aintiff asserted that the court has personal jurisdiction over the moving party. Accordingly, the motion remains premature. Defendant's request that the court dismiss the action must also be denied as no such request was stated in the notice of motion. Notwithstanding the denial of defendant's motion, based on the court's review of the file, grounds currently exist for discretionary dismissal of the action against all defendants based on the fail...

Excerpt: ...vice on defendant on September 17, 2021. On September 20, 2021, the clerk served notice of time and place for trial on the parties, setting the case for trial on October 5, 2021. Defendant failed to appear at trial, and judgment was entered in favor of plaintiff. The court's records reflect that after trial concluded, the clerk erroneously set an order to show cause re dismissal hearing on January 31, 2022. Defendant moves to set aside the judgme...

Excerpt: ... stipulated: Defendants agree to vacate the subject premises by Sept. 15, 2021 and to pay the sum of $3390 by August 3, 2021. If this is done timely plaintiff agrees to dismiss the action with prejudice. If not, judgment shall enter for plaintiff upon default declaration. Plaintiff to dismiss/set aside default judgment against Cheryle Reed and Tiara Reed. According to plaintiffs, the monetary portion of the settlement agreement was timely paid. O...

Excerpt: ...ate actions that involve common questions of law or fact. Walker v. Walker (1960) 177 Cal.App.2d 89, 91‐92. The purpose of consolidation is to promote trial convenience and economy by avoiding duplication of procedure, especially with respect to the proof of issues common to both actions. See McClure, on Behalf of Caruthers v. Donovan (1949) 33 Cal.2d 717, 722‐723. Consolidation rests within the sound discretion of the trial court. Miller's r...

Excerpt: ...fendants' motion are not persuasive. Neither the court's jurisdiction over a now‐dismissed party nor Code of Civil Procedure section 664.6 are implicated by discovery requests seeking facts and documents in plaintiff's possession. While the court does not resolve the issue of defendants' entitlement to offset for the purposes of this motion, defendants adequately demonstrate the potential for offset based on the claims pleaded in this action, a...

Excerpt: ...staurants, Inc. (collectively “defendants”). A party may move for summary adjudication if it contends that there is no merit to an affirmative defense. Code Civ. Proc. § 437c(f)(1). A moving plaintiff has the initial burden of showing that the affirmative defense has no merit. Code Civ. Proc. § 437c(p)(1). If plaintiff meets its initial burden, the burden shifts to defendant to show the existence of a triable issue of material fact as to th...

Excerpt: ... 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. Plaintiff's first cause of action alleges a dangerous condition of public property. Plaintiff alleges that on September 22, 2020, “the playground area and/or play equipment area” at Parker Whitney Elementary School (“the Premises”) was in a dangerous or defective ...

Excerpt: ...The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. Code Civ. Proc. § 437. To support a prayer for punitive damages, plaintiff must allege ultimate facts supporting a finding of oppression, fraud or malice on the part of the defendant. Civil Code § 3294(a). Malice includes conduct which is intended by the defendant to cause injury to the plaintiff, or des...

Excerpt: ...d he turned the complaint over to his current insurance carrier, believing it would handle the claim. Mr. McGrath states that he first learned on or about June 1, 2021, that no answer had been filed. Defendant moves for discretionary relief from the default and default judgment pursuant to Code of Civil Procedure section 473(b). Discretionary relief may be granted if defendant demonstrates that its failure to timely respond to the complaint was b...

Excerpt: ... Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9. 9 Defendant and respondent City of Lincoln (“defendant”) demurs to the verified petition for writ of mandate and complaint for declaratory relief filed by plaintiffs and petitioners Shamus McClure, Ken Daley and Scott Daley (collectively “plaintiffs”). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct...

Excerpt: ...A Fire & Casualty Insurance Company moves for summary judgment, or alternatively summary adjudication of each cause of action alleged by plaintiffs, as well as the prayer for punitive damages. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants moving for summary judgment bear the burden of persuasion that one o...

Excerpt: ...not state facts sufficient to constitute a cause of 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. In 2 rulin...

Excerpt: ... Moles are overruled. Defendant's objections to the declaration of Michael Mezzetti are overruled. Plaintiff moves to set aside default pursuant to Code of Civil Procedure section 473.5. Code of Civil Procedure section 473.5 gives the court discretion to grant relief from default or default judgment where service of summons has not resulted in actual notice to a party in time to defend the action. It is typically used in cases where service was m...

Excerpt: ... and requiring that any judgment obtained against defendant in this matter be paid from the equalization payment. Civil Code section 1708.6 authorizes the court to grant injunctive relief to prevent tortious conduct. The court is also generally authorized to grant injunctive relief in any civil action pursuant to the requirements of Code of Civil Procedure section 526. The court may grant a preliminary injunction when it appears from the complain...

Excerpt: ...uracy 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. Defendants argue that the termination notice attached to plaintiffs' complaint fails to comply with Code of Civil Procedure section 1161(2). This argument is inapplicable to the action as the complain...

Excerpt: ...ification of individuals who were involved in or otherwise witnessed plaintiff's condition, care and treatment while a resident at the “FACILITY”, defined as Crocus Holdings, LLC dba Roseville Care Center. Defendant raises two main objections to the foregoing interrogatories. First, defendant objects on the grounds that the information seeks personal information of employees and former employees in violation of those individuals' right to pri...

Excerpt: ...al condition of the defendant if it finds, based on consideration of the supporting and opposing affidavits presented, that plaintiffs have established a substantial probability of prevailing on their punitive damages claim. An award of punitive damages requires a finding of oppression, fraud or malice on the part of the defendant. Civ. Code § 3294(a). Malice includes conduct which is intended by defendant to cause injury to plaintiff, or despic...

Excerpt: ..., 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. Union Pacific's unopposed demurrer is sustained as to plaintiff's fourth cause of action for foreclosure of mechanic's lien. This claim fails to allege suf...