Excerpt: ... to Evidence While Rall filed written “objections to evidence,” his objections are procedurally defective. Rall “objected” to several of the California Lottery's UMFs. Rall's objections are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court need not rule and does not rule on the California Lottery's objections to evidence. (See Code Civ. Proc. 437c(q).) Factual and Proced...

Excerpt: ...contract and negligence on June 7, 2018. Therein, Plaintiff alleges the following. On May 14, 2008, Plaintiff recorded a Grant Deed in favor of the City to establish a perpetual conservation easement on 80 acres of land in Sacramento County (the "Conservation Rights"). (Complaint ¶ 6, Exh. A.) The Grant Deed authorizes the City to transfer its interests in the Conservation Rights, but only with Plaintiff's prior written consent. (Complai...

Excerpt: ...f their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who wa...

Excerpt: ...ors. The Association commenced this lawsuit based on allegations that, in violation of the community's CC&Rs, Thompson was “refus[ing] to park his car in the garage and … [was] allowing two males under 45 years of age to reside at his home[.] (See Compl., ¶ 17.) On 7/10/18, the court entered default judgment against Thompson. The judgment includes monetary relief of approximately $8,000. It also enjoins Thompson to: (a) Comply with the Decla...

Excerpt: ...tion by the court. The court has received the parties' joint statement and now rules as follows. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background In this elder abuse/wrongful death action, defendants have issued a records subpoena to CRM seeking “Any and all documents (lease, complaints, information re cockroach infestation, documents from or to and/or correspondence from/to Adult Protective Services, communi...

Excerpt: ... to the truth of the contents. Although the demand for action to the board is referenced in the FACC, the letter itself is subject to differing interpretations as to who was responsible for the actions taken in directing the payments for estimated tax liabilities. A matter ordinarily is subject to judicial notice only if the matter is reasonably beyond dispute. (Post v. Prati (1979) 90 Cal.App.3d 626, 633.) Although the existence of a document ma...

Excerpt: .... (See Code Civ. Pro. § 436 (a)‐(c).) A motion to strike challenges portions of a cause of action that are substantively defective on the face of the complaint. (PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐83; see also Code of Civ. Proc. § 437.) More specifically, a motion to strike should be granted to remove "any irrelevant, false, or improper matter inserted in any pleading," or where the pleadings are drawn in...

Excerpt: ...n attempt to obtain leave to amend, plaintiffs shall be prepared to specifically discuss the new or different facts which may now be alleged in good faith to overcome the deficiencies noted below. *** The court notes that the caption page for all papers filed in this case should reflect the caption of the original complaint filed on 2/1/2018 regardless of the fact that the name of one of the plaintiffs has subsequently changed. Factual Background...

Excerpt: ...ment will take place on January 14, 2019. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Frank Lee Dearwester, Appearance is required on January 14, 2019. Plaintiff Frank Lee Dearwester shall be available by COURTCALL, to participate in oral argument on the continuance date. The Court previously issued a tentative ruling sustaining Defend...

Excerpt: ...rs, Dmitriy was able to file a reply. Plaintiff Prestige Carrier filed the complaint against Vitek on September 14, 2016 alleging causes of action against Vitek in connection with Vitek's handling of Prestige's truck. Vitek filed a cross‐ complaint on a Judicial Council Form on October 14, 2016 alleging causes of action for declaratory relief, breach of contract for failure to pay repair invoices, breach of contract for failure to pay pursuant ...

Excerpt: ...lated causes of action and Labor Code causes of action and also class claims including the tenth and eleventh causes of action for waiting time penalties and wage statement violations under the Labor Code. Defendant demurs only to the tenth and eleventh causes of action. Tenth Cause of Action (Waiting Time Penalties [Labor Code §§ 201‐203]) Defendant's demurrer is sustained without leave to amend for failure to state facts sufficient to const...

Excerpt: ...es. Defendants' request for judicial notice is granted to the same extent it was granted in connection with Defendants' demurrer. The motion is denied as to the request for attorneys' fees. While no statute or contract supporting an attorney fee award is alleged, Plaintiffs argue in opposition that they would be entitled to fees pursuant to CCP § 1021.5 if they prevail. A “prevailing plaintiff may seek attorney fees as a private attorney gener...

Excerpt: ...ons of Todd Murch and Erin Scherer on the basis that they are high level apex employees. Eskaton makes the motion pursuant to Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal. App.4th 1282, 1287 ["“it amounts to an abuse of discretion to withhold a protective order when a plaintiff seeks to depose a corporate president, or corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's person...

Excerpt: ...ration and printing of ballots and the qualifications of candidates leading up to the November 2016 general election. The complaint alleges a single cause of action for declaratory and injunctive relief. The De La Fuente plaintiffs dismissed their claims in June 2017. The motion is granted on the basis that Plaintiffs failed to state facts sufficient to constitute a cause of action. (CCP § 438(c)(1)(B)(ii).) Plaintiffs failed to properly and tim...

Excerpt: ...he hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or nonexistence of a triable issue of material fact. *** Defendants One Call Medical, Inc. (NJ), dba One Call Care Management; Zonecare USA of Delray, LLC (FL), dba One Call Care Transport + Translate's (collectively “One Call”) motion for summary judgment is ruled upon as follows. Overview Plaintiff Tyrone Shacklefoot filed this...

Excerpt: ...tal, LLC's (Ascentium) reply. If Defendants Buttles Custom AG, LLC (Buttles Custom), Lindsay Buttles and/or Jacob Buttles (collectively “Defendants”) wish to file a sur‐reply to confront Ascentium's new evidence, then their counsel shall request oral argument and propose a reasonable continuance at the time of hearing. *** Ascentium's motion for summary judgment is GRANTED. Overview This is an action on a commercial loan agreement and relat...

Excerpt: ...er 10, 2018. Self‐ represented defendant's Motion to Set Aside Default and Motion to Quash Service of Summons is denied. This lawsuit arises from an alleged credit card debt purchased by the plaintiff. Defendant seeks to set aside the default and default judgment pursuant to CCP § 418.10(a)(1), Civil Code section §1788.61, and CCP §473(d)) as well as pursuant to the equitable powers of the court to remedy extrinsic fraud in service. Civi...

Excerpt: ...ction arises from a dispute relating to the control of a restaurant owned by OSI on Natomas Crossing Drive. Moving Papers. Ming claims to be the sole shareholder, officer and director of OSI following his brother Kenny's sale of his 50% stock interest in OSI back in 2008 but curiously, Ming concedes corporate records continue to reflect Kenny's “50% ownership” in OSI even after the sale. Plaintiffs now seek to enjoin Kenny from (1) representi...

Excerpt: ...eceased mother, Cheryl Lynn Shenefield. The caption of the complaint indicates it is for “Medical Malpractice and Wrongful Death,” but the body of the three page complaint appears only to allege an individual claim for wrongful death. The complaint alleges that due to Defendant's negligence, “plaintiff has been deprived of the comfort, affection, support, love, care, society and companionship of [her] mother.” (Complaint ¶ 11.) Defendant...

Excerpt: ...tion documents by the County Defendants ["NONE"]. They also state that the summary judgment contained "UNTRUE, INCORRECT, FRAUDULENT STATEMENTS." (p. 1 of Motion [emphasis in original]) Putting aside the question as to how the Chengs would know the contents of the summary judgment were untrue, incorrect or fraudulent if they never received the papers, it must be noted Plaintiffs have failed to present any evidence whatsoever indic...

Excerpt: ...es team who induced homeowners who experienced fire damage to their homes to enter into home improvement contracts covered under their homeowners' policies. Plaintiff received commissions on all contracts he obtained. Plaintiff generally contends his commissions were improperly calculated. On August 13, 2018, Plaintiff filed a complaint against Golden Coast Construction & Restoration (“Defendant” or “GCCR”) alleging the following eight ca...

Excerpt: ...f commercial real property located at 3230 Broadway, Sacramento, California 95817. The property consists of a two‐story, multi‐ tenant building with four commercial units and four residential apartments. On July 13, 2017, Plaintiff and Defendants entered into a Commercial Property Purchase Agreement for the sale of commercial real property located at 3230 Broadway for $775,000 (the "Purchase Agreement"). In order to finance the purcha...

Excerpt: ...nts were required to file a meet and confer declaration with their motion pursuant to CCP § 435.5(a)(3), and have done so. The Court now rules as follows. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter that is properly subject to judicial notice. (Code Civ. Proc. § 437.) As with demurrers, motions to strike are disfavored. "The policy of the law is to construe pleadings 'liberally...

Excerpt: ...Ray (1993) 16 Cal.App.4th 193, 198‐199 [documents other than the Statement of Damages under CCP § 425.11 do not provide valid, constructive notice of damages sought for purposes of default judgment].) Consequently, and subject to arguments at the time of hearing, the court intends to modify the judgment by reducing damages from $1,265,997 to $1,024,000. Defendant and Judgment Creditor Raghvendra Singh's (Singh) motion to set aside default, def...

Excerpt: ...deotaping of the exam shall take place and that plaintiff must answer all questions necessary to enable the physician to ascertain the nature and extent of her injuries. On October 9, 2018, defendant served a demand for the exam to take place November 8, 2018. On October 11, plaintiff served a Response that included the conditions that the exam would be videotaped and that the physician could not ask plaintiff any questions she had already answer...