Excerpt: ...Officer's Sworn Statement fails to identify the exact time Officer Navarro observed the symptoms of intoxication, the hearing officer is entitled to draw inferences and deductions from the facts. Respondent correctly asserts that it is reasonable to infer that the observation occurred sometime after the traffic stop at 1:16am and before petitioner's arrest at 1:25am, nine minutes after the stop. It would be illogical and unreasonable to conclude ...

Excerpt: ...tial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Id. at § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to...

Excerpt: ...ased on a contractual provision is vested with discretion in determining which party has prevailed on the contract, or that no party has. (DisputeSuite.com, LLC v. Socrenic.com (2017) 2 Cal.5th 968, 973 (“DisputeSuite”), citing Hsu v. Abbara (1995) 9 Cal.4th 863, 871.) “If neither party achieves a complete victory on all the contract claims, it is within the discretion of the trial court to determine which party prevailed on the contract or...

Excerpt: ...t this involves the same lease. The opinion was based on Illinois law, not California law. At best, it is persuasive authority, but as Defendant fails to provide a comparison of Illinois law with California law, there is no reason to take judicial notice as it is currently irrelevant. Factual and procedural background: On 5/13/15, Plaintiff's predecessor in interest, Menifee Lakes Plaza, LLC, entered into a written lease for Defendant. On 4/6/20,...

Excerpt: ...on of arbitration, further proceedings in this case are stayed. The request for sanctions is denied. The defendant's request for a statement of decision is acknowledged. Analysis: The documents of which the defendant initially requested judicial notice are irrelevant, both factually (since they involve different contracts) and legally (because they are trial court decisions that are not authority on which this court must or may rely). The documen...

Excerpt: ... Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of Civ. Proc., § 437c(c). A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of C...

Excerpt: ...medical practitioner's standard of care within the community. The plaintiff must than submit his own expert declaration in order to controvert defendant's expert relative to whether defendant breached the requisite duty and standard of care. Willard v. Hagemeister (1981) 121 Cal.App.3d 406. A party may be his or her own expert. Pfingsten v. Westenhaver (1952) 39 Cal.2d 12; see 1 Witkin, Cal. Evidence (4th ed., 2000) Opinion Evidence, § 38, p.569...

Excerpt: ...ip exists when confidence is reposed by persons in the integrity of others, who voluntarily accept the confidence and therefore cannot act so as to take advantage of the others' interests without their knowledge or consent. (Tri‐Growth Centre City Ltd. v. Silldorf, Burdman, Duingnan & Eisenberg (1989) 216 Cal. App. 3d 139) “The essence of a fiduciary or confidential relationship is that the parties do not deal on equal terms, because the pers...

Excerpt: ...er Rules of Court, rule 3.1700, subdivision (b). A verified memorandum of costs is prima facie evidence that costs were necessarily incurred where the costs at issue are expressly permitted by statute and appear to be proper charges. (Whatley‐Miller v. Cooper (2013) 212 Cal.App.4th 1103, 1115.) A party moving to tax or strike costs must prove that a challenged cost is unnecessary or unreasonable. Code of Civil Procedure section 1032, subdivisio...

Excerpt: ...HUMACHER vs COUNTY OF RIVERSIDE Motion to Compel Tentative Ruling: A defendant's motion for judgment on the pleadings may be made on the grounds that the court lacks jurisdiction, or that the complaint does not state facts sufficient to state a cause of action. (CCP §438(c).) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Richardson‐Tunnell v. School Ins. Program for Employees (20...

Excerpt: ...overy of attorney fees. (Complaint, Ex. A, Lease ¶31.) The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Specifically, in exercising its discretion, the Court may consider all of the facts and the entire procedural history of the case in setting the amount of a reasonable attorney's fee award. (Bernardi v. County of Mo...

Excerpt: ...to determine whether FCA has any diagnostic or other test results that would substantiate FCA's contention that the K&N filter installed performs differently from the Original Equipment Manufacturer (OEM) filter designed for the specific type of vehicle, and whether the turbocharger that FCA installed into this truck has internal seals that could be damaged by dirt allegedly ingested through the K&N air filter. Plaintiff asserts that FCA's object...

Excerpt: ...uest for Production of Documents within 30 days of service of notice. After consideration of CCP Sections 2023.010 and 2030.300(d), responding party (Defendant and attorneys of record) are further ordered to pay attorney's fees and costs to moving party in the amount of $735.00 within 30 days of service of notice. Prevailing party ordered, pursuant to CCP 1019.5, to give notice. Plaintiff's Request for Judicial Notice (RJN) of Orange County cases...

Excerpt: ... pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) Motions to strike can be used to attack the entire pleading, or any part thereof. (CCP § 435; Warren v. Atchison, T. & S.F. Ry. Co. (1971) 19 Cal.App.3d 24, 40.) As with demurrers, 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....

Excerpt: ... 6465 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐appearances.php Tentative Ruling: Service of...

Excerpt: ...ng party (Plaintiff) on MSJ is ordered to give notice pursuant to CCP 1019.5. Defendant's Evidentiary Objections, Nos. 6‐23: 1. Nos. 1‐8 – Overruled. 2. Nos. 10‐14 – Sustained. 3. Nos. 15‐17 – Overruled. 4. Nos. 18 – Sustained. 5. No. 19 ‐ Overruled. 6. Nos. 20‐21 – Sustained. 7. Nos. 22‐23 – Overruled. 8. No. 24 ‐ Sustained. Summary judgment is granted when a moving party establishes the right to entry of judgment on ...

Excerpt: ....App.3d 591, 602, n. 6; Pedus Building Services, Inc. v. Allen (2002) 96 Cal.App.4th 152, 156, n. 2.) Likewise, FATCO's request that the court take judicial notice of pages from the Department of Insurance's official website is granted. (Evid. Code § 452(c); Walt Rankin & Associates, Inc. v. City of Murrieta (2000) 84 Cal.App.4th 605, 624, n. 2; Taylor v. Department of Industrial Relations, etc. (2016) 4 Cal.App.5th 801, 806, n. 3.) THE DEMURRER...

Excerpt: ...eeting Number: 161 766 6465 Please MUTE your phone until your case is called and it is your turn to speak. It is important to note that you must call fifteen (15) minutes prior to the scheduled hearing time to check in or there may be a delay in your case being heard. For additional information and instructions on telephonic appearances, visit the court's website at https://www.riverside.courts.ca.gov/PublicNotices/remote‐ appearances.php Tenta...

Excerpt: ...en properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672 1ST CAUSE OF ACTION FOR FRAUD Pham argues that the FAC fails to sufficiently allege reliance and damages. In Lazar v. Sup. Ct. (1996) 12 Cal.4th 631, 638, the Court stated that the elements of fraud, which give rise to the tort acti...

Excerpt: ...representations about why their lease was not being extended. Defendant March is alleged to have been the leasing agent for the landlords. March demurrers to all three causes of action in the complaint, for fraudulent deceit, negligent misrepresentation, and violations of the Unruh Civil Rights Act. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.”...

Excerpt: ...a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy,” the court must order the controversy to arbitration unless certain exceptions apply. If the exception in subdivision (c) applies, then the court may stay the arbitration until the pending court action is resolved. That reliance is misplaced, for two reasons. First, the arbitration of the claims alleged between the plaintiff a...

Excerpt: ...y while it was still dark. She contends that Decedent was unable to appreciate the risk of his conduct due to his psychological condition. This argument is well‐ taken. It is undisputed that Decedent suffered from severe mental illness, including schizophrenia and bipolar disorder. These conditions may have impacted his ability to weigh risks and act reasonably at the time of the collision. As such, medical records containing information about ...

Excerpt: ...nore the title and treat the motion based on its substance. Here, the caption states that the motion is brought under section 473(b) and the substance of the motion relies on section 473(b) for relief, and not Code of Civil Procedure section 1008, related to reconsiderations. The court will treat the present motion as a motion to set aside dismissal under Code of Civil Procedure section 473(b). Code of Civil Procedure section 473(b) provides two ...

Excerpt: ...: The proposed order attached to the supplemental declaration of Yeremian: • Still refers (at p. 2) to a hearing date of February 28. • Incorrectly represents (at p. 2) that the Court has “reviewed the entire record in this action.” • States (on p. 2) that the parties have agreed to a dismissal of the claims. Any such dismissal would violate California Rules of Court, rule 3.769(h). If the Stipulation provides for such a dismissal, the ...

Excerpt: ...ght to be sealed is (a) the amount to be paid to the plaintiff by the moving defendants and (b) information from which that amount could be calculated. In all, the moving defendants seek to seal 25 separate portions of the petition. The Court does not find that the defendants' desire to enforce the confidentiality provision of the settlement agreement constitutes an “overriding interests overriding interest that overcomes the right of public ac...