Excerpt: ...lina's Additional Facts and Supporting Evidence (“AMF”) (Seeds Decl., ¶ 2, Exh. A) is granted. Lexington's request for judicial notice of portions of the record incorporated by reference (Barron Decl., ¶ 20) is granted. This is an action for bad faith following an adverse verdict against Plaintiffs Elaine McDonald and Silva Trucking, Inc. (“Plaintiffs”) in an underlying action. Plaintiffs had a primary insurance policy with Carolina in ...

Excerpt: ...ued to Tropical Paradise Pools Spas and Backyard, a California Corporation (“Tropical Paradise”) as principal. (Declaration of Carlos E. Sosa (“Sosa Decl.”) ¶ 2.) The bond was issued pursuant to Business and Professions Code section 7071.6 and is in the penal sum of $15,000. (Ibid.) However, in this particular case, “[t] he maximum liability for all claims is $7,500 as provided for by the bond and by the Code[,] [a]s there are no homeo...

Excerpt: ...production of all responsive documents corresponding to those Requests; and to compel Defendant to pay monetary sanctions for its abuses of the discovery process. Plaintiff argues that FCA US's responses are deficient and that its objections to Plaintiff's discovery lack merit. Defendant opposes. Trial is currently set for March 21, 2023. In this Lemon Law action, Plaintiff alleges that her 2010 Dodge Charger vehicle, which was manufactured and d...

Excerpt: ...er to Dealer's Opposition, but did not file any of its own evidence in support thereof. Plaintiff's instant motion seeks: (1) to arbitrate the controversy pursuant to the grievance and arbitration provisions of Retail Installment Sale Contract ("RISC") between the parties, (2) an order for a stay pending the results of arbitration, (3) a request for costs and (4) an order for reasonable attorney's fees with respect to all work performed for the a...

Excerpt: ...xt to each other. Plaintiffs allege that in August 2021, Bender began making defamatory statements about them. (Complaint, ¶¶ 7‐8.) Plaintiffs allege that Bender posted on the Nextdoor website that “Plaintiffs were ‘cooking with chemicals,' [and] stating Plaintiffs' behavior ‘resembles people on drugs.'” (Complaint, ¶ 10.) Bender also agreed “ with others' statements that such conduct related to creating/manufacturing drugs, and ot...

Excerpt: ...ively, “Plaintiffs”) per pursuant to CCP § 425.16 is UNOPPOSED and GRANTED. Defendants' request for judicial notice is granted. Factual and Procedural Background This action involves Plaintiffs' repeated attempts to sue the Sacramento Metropolitan Air Quality Management District (the “District”) and its employees and attorneys over the past two decades. By way of background, on August 11, 2020, this Court entered judgment against Plainti...

Excerpt: ...fs reside on 19 different spaces at the Community. Among other things, they assert causes of action seeking relief for nuisance under the Mobilehome Residency Law (“MRL”). Defendants move to compel 13 of the 32 plaintiffs to arbitrate their claims based on an arbitration provision contained in their respective lease agreements. The arbitration provision provides as follows: DISPUTE RESOLUTION PROCESS: To ensure speedy resolution of disputes, ...

Excerpt: ... Plaintiff's claims against them were barred by tribal sovereign immunity. (Acres v. Marston (2021) 72 Cal.App.5th 417.) Defendants also had a pending anti‐SLAPP motion which the Court declined to reach because the Court found it was moot as a result of its ruling on the motion to quash. Plaintiff's complaint arises from a previous action in the Tribal Court (the “Tribal Action”) of the Blue Lake Rancheria (“Blue Lake”). The Tribal Acti...

Excerpt: ... the requirement to submit supporting evidence in a single compendium of evidence. (Cal. Rules of Court, rule 3.1350(c).) Further, the parties are reminded that one purpose of the requirements for a separate statement is to ease the burden on the Court. ( Security Pacific Nat. Bank v. Bradley (1992) 4 Cal.App.4th 89, 99.) In achieving this goal, responses to separate statements are required to unequivocally state whether a fact is disputed or und...

Excerpt: ... 54 Cal.App.4th 216, 219; Nordlinger v. Lynch (1990) 225 Cal.App.3d 1259, 1271; Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1114, fn. 2.) “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against demurrer." (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38‐39; Bagatti v. Dept. of Rehabi...

Excerpt: ... required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This action arises out of plaintiff's prior employment by Spyglass, which oper...

Excerpt: ...el is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Plaintiff's opposition wa...

Excerpt: ... 8 ½" x 11" sheet with hard paper or plastic tabs extending below the bottom of the page bearing the exhibit designation. Plaintiff Erika Paleny's (“Plaintiff”) request for judicial notice is granted. The Court does not rule on Defendants' evidentiary objections filed in support of the reply since they concern evidence deemed immaterial to decision on the motion. (Code Civ. Proc., § 437c, subd. (q).) Factual and Procedural Background This a...

Excerpt: ...judication. (Compare Code Civ. Proc. (“CCP”) § 437c, subd. (a)(1) with subd. (f)(1).) Judicial Notice Plaintiffs Carrie Ann Whitlow and Terry Whitlow's (“Plaintiffs”) request that the Court take judicial notice of the Court's June 11, 2019 Order denying Kia's demurrer to Plaintiffs' Complaint is granted. The remainder of Plaintiffs' request for judicial notice is denied as irrelevant. Evidentiary Objections The Court declines to rule on ...

Excerpt: ... global settlement following mediation in May 2022 and although plaintiff's attorney filed with the Court on 5/19/2022 a “Notice of Settlement” (which resulted in the 7/12/2022 trial date being vacated), plaintiff subsequently “rescinded her acceptance” of the earlier settlement offer and now refuses to execute a formal “Settlement Agreement and Release.” The Court granted on 9/8/2022 plaintiff's attorney's motion to withdraw. CPS now...

Excerpt: ...ospital despite being “medically and legally eligible to be discharged. The complaint describes defendant Smedley as a “patient care advocate” who has “unreasonably and unlawfully advised” defendant Brennan “to ignore and refuse all safe discharge options offered…by Plaintiff.” In the moving papers, plaintiff argues that while defendant Smedley provided some factual information in his initial response to Form Interrogatory No. 15....

Excerpt: ...of Good Faith Settlement Between Plaintiffs and Lethesia Guzman and the Estate of David Miranda is DENIED. Having denied the two motions, the Court GRANTS Defendants Lethesia Guzman and the Estate of David Miranda's Application for Determination of Good Faith Settlement. FACTUAL BACKGROUND For purposes of the Court's consideration of this motion, the Court provides the following background. This case involves multiple accidents that occurred in t...

Excerpt: ...rd and remains viewable by the public. The same is true for the various account numbers found in the attachments to the Fernandez Declaration in opposition. Both counsel are reminded that such personal, private information should pursuant to CRC Rule 1.201 be redacted prior to filing with the Court. Factual Background Plaintiff is the sole surviving child of Curtis Mackey (the “Decedent”). Defendant is the Trustee of the Curtis Mackey, Jr. Tr...

Excerpt: ...reply and finding no petition from respondent to vacate and/or correct, the Court now issues the following tentative ruling. Petitioner Swift Financial LLC's petition to confirm contractual arbitration award is ruled upon as follows. Although the notice of hearing provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule in that it refers Local Rule 2.47 [pertaining to the ...

Excerpt: ... A motion to strike is appropriate to strike out any irrelevant, false or improper matter asserted in any pleading and the Court may strike out all or any party of any pleading not drawn or filed in conformity with the law. (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�...

Excerpt: ...laint against ADC alleging various causes of action arising out of her employment with ADC as a dental hygienist. She alleges various wage and hour claims under the Labor Code in addition to causes of action under FEHA. ADC thereafter filed a cross‐complaint against David Miller, Plaintiff's father. ADC alleges that its causes of action arise out of the same transaction, occurrence or series of transactions or occurrences as Plaintiff's claims....

Excerpt: ...n the Anatolia housing development which is subject to Defendant's conditions, covenants and restrictions (CC&Rs). Plaintiff alleges Defendant issued a Notice of Intent to Record Assessment Lien on January 30, 2020, claiming there were delinquent assessments, late fees, collection fees and a current assessment. Plaintiff alleges Defendant's lien was incorrect and that she had timely paid all assessments and that Defendant failed to credit her pay...

Excerpt: ... Wigle's vehicle and Plaintiff. The first cause of action for declaratory relief is asserted against the insurance company defendants and seeks a declaration regarding the parties' rights under the subject insurance policies. Plaintiff appears to allege that the insurance company defendants have engaged in bad faith as it related to Wigle. Wigle demurs to the first cause of action on the basis Plaintiff has misjoined the insurance company defenda...

Excerpt: ...hether the complaint is well‐pled. In this action, Plaintiff alleges causes of action against Defendant for conversion, violation of Business & Professions Code § 17200, fraudulent misrepresentation and intentional interference with contract. Plaintiff alleges that it specializes in recovering and supplying refrigerants. (Comp. ¶ 11.) Plaintiff alleges it utilizes a unique piece of equipment called “El Machino” which it constructs through...

Excerpt: ...n was necessary. The Court finds the bulk of the issues should have been resolved during the meet and confer process and the failure of the parties to do so is suggestive that neither party made a reasonable effort to resolve this dispute. The parties are admonished that if there are similar circumstances in the future, the Court may direct the parties to meet and confer further before hearing a discovery motion. In this particular instance, the ...