Excerpt: ... shall grant a motion for summary judgment if “all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedure section 437c(c).) The moving party bears the initial burden of establishing that one or more elements of a cause of action cannot be established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) ...

Excerpt: ... granted as to Exhibits 1 and 2 under Evidence Code section 452. The request is denied as to Exhibit 3. Plaintiff's request for judicial notice is denied. Ruling on Demurrer The demurrer is sustained in part. Defendants' demurrer is limited in scope. They challenge all six causes of action under Code of Civil Procedure section 430.10(a) and (c), arguing the court has no jurisdiction over the subject of the causes of action in the complaint as the...

Excerpt: ...fferee fails to obtain a more favorable judgment or award, costs allowable under Code of Civil Procedure section 1032 may be augmented. Code Civ. Proc. § 998(c), (d). In such circumstances, the court may order defendant to pay reasonable fees for plaintiff's expert witnesses in preparation for and/or during trial of the case. Code Civ. Proc. § 998(d). Further, when a party serves successive unrevoked and unaccepted § 998 offers and defendant f...

Excerpt: ...the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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 of contentio...

Excerpt: ...e court shall declare, including protective orders." C.C.P. § 1987.1(a). The court may also make "any other order as may be appropriate to protect the [moving person] from unreasonable or oppressive demands, including unreasonable violations of the right to privacy of the person." Id. Parks asserts that requests 1‐12 and 15‐ 16 are irrelevant and overbroad, and they seek private, privileged information. In particular, Parks relies on the tax...

Excerpt: ...bit 10 because trial court decisions of other courts have no binding or persuasive authority on this court. Plaintiff's objections to PTC's reply evidence are overruled and the accompanying motion to strike is denied. PTC's objections to the declarations of plaintiff and Anita Prasad are overruled and the accompanying motion to strike is denied. Ruling on the Motion to Dismiss PTC first contends dismissal is mandatory because service of summons o...

Excerpt: ...of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of material fact. (Ibid.) I...

Excerpt: ... further objections, to RFAs, set two, nos. 56 through 60 and 65 through 69 within 21 days of service of the signed order after hearing. The remainder of the plaintiff's request as to RFAs, set two, are denied. Plaintiff Amy Durham shall provide further verified responses, without further objections, to form interrogatories, set two, no. 17.1 as it pertains to RFAs nos. 36 through 42, 49, 50, 56 through 60, and 60 through 65 within 21 days of ser...

Excerpt: ...leave to file a cross‐ complaint. The court declines to grant either request. The court has inherent authority to stay a proceeding where it promotes the interests of justice and judicial efficiency. (Code of Civil Procedure section 128(a)(8); Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Neither the interests of justice nor judicial efficiency support a stay of this action pending resolution of the appeal in the Los Ange...

Excerpt: ...Defendant, for his part, rejects this characterization. This prompted plaintiff Richard Kemp to seek to compel further deposition responses and documents from defendant. It also prompted intervenor to seek a protective order regarding the attorney‐client privilege where intervenor and defendant hold a joint privilege. The court may grant a protective order to control a deposition proceeding or the information obtained from the proceeding. (Code...

Excerpt: ...ity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114‐ 115.) Ruling on Demurrer The demurrer is overruled. A party may demur to a cross‐complaint where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) A demurrer tests the legal sufficiency of the pleading, not the truth of the allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal....

Excerpt: ...or judicial notice filed July 14, 2022 is denied as it is untimely. 4 Ruling on Demurrer Defendant Work World America, Inc.'s demurrer is overruled in its entirety. A party may demur where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 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. ...

Excerpt: ...mistake to justify setting aside default. (Henderson v. PG&E (5th Dist. 2010) 187 Cal.App.4th 215, 229.) Courts favor relief from entry of default for a long‐standing judicial preference for determining matters on their merits. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Defendant requests Section 473(b) relief because (1) he has no training or experience in the legal field and (2) plaintiff failed to provide him written notice of his ri...

Excerpt: ...upplemental declaration of counsel filed on 7/20/22 shows that the demurring attorney requested a meet and confer conference , which resulted in a scheduling of a time certain. When moving party counsel called he was informed plaintiff's counsel was at lunch Page 6 of 7 and would call back. Moving party counsel called two days following and was told the same time but plaintiff's counsel never returned the call. Factual and procedural background: ...

Excerpt: ...or from judicially noticed matters. C.C.P. § 437. Defendants move to strike two portions of the complaint relating to emotional injury, including the phrases "substantial emotional distress" at 7:3 (within the fraud claim against both Filo Real Estate and McKay), and "which emotional distress was caused by Defendant's breach" at 7:28 (within the breach of fiduciary duty claim against Filo Real Estate only). The first of these phrases is included...

Excerpt: ...ff's first amended complaint in its entirety pursuant to Code of Civil Procedure section 425.16. The court granted the motion in part, as to portions of the first cause of action, and as to the fifth cause of action. The motion was otherwise denied. A defendant who only partially succeeds on an anti‐SLAPP motion is generally considered a prevailing party entitled to fees and costs unless the results of the motion were so insignificant that defe...

Excerpt: ...al sufficiency of the pleadings, not the trust 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 Be...

Excerpt: ...as inherent authority to modify or dissolve a preliminary injunction based upon a proper showing by the moving party. (Union Interchange, Inc. v. Savage (1959) 52 Cal.2d 601.) The injunction may be modified or vacated where there has been a material change in the controlling facts or law upon which the injunction was determined or where the ends of justice would be served by a modification. (Code of Civil Procedure section 533; United Food & Comm...

Excerpt: ...n is necessary to a reflect rate comparable to the area. The court reduces the hourly rate to $300. The next part of the analysis is determination of the reasonable number of hours. Counsel billed 233.90 hours, which included extensive pre‐trial motion litigation. The court is familiar with this case and the motions brought by the parties. The court determines there was an excessive amount of hours expended on pre‐trial law and motion litigat...

Excerpt: ...ns 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 Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The demurrer is reviewed keeping this in mind. In this i...

Excerpt: ...ls 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 Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The court reviews the amended complaint keeping this in mind. Plaintiffs allege three causes of action in their amended complaint: (1) wrongful death and/or survivor action for negligence;...

Excerpt: ...omplaint for legal malpractice. A party is entitled to bring a motion for summary judgment where there are no triable issues of fact and the moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). The party seeking summary judgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826...

Excerpt: ...judicial notice are granted. Pride's requests for judicial notice are granted. Ruling on the Motion 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 have the burden of proof on that issue.” (Id. § 877.6, subd. (d).) In 3 determining whether a settlement was entered into in good faith, th...

Excerpt: ...ring with two discovery motions. A notice of settlement of the entire case was filed October 22, 2021. Defendant has agreed to pay plaintiff $150,000 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 recovery of attorneys' fees to a buyer who prevails in an action under that section, “determine...

Excerpt: ...cient to constitute a cause of action or if the pleading is uncertain. (Code Civ. Proc. § 430.10, subds. (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 (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. (2...