Excerpt: ... here, because both actions are proceedings in personam. Gregg v Sup. Ct. (1987) 194 Cal. App. 3d 134,137. The court finds that the discretionary factors which the court is to consider do not “weigh strongly” in favor of a stay, as required by Farmland Irr. Co. v Dopplmaier (1957) 48 Cal. 2d 366. There is at least some question as to whether this action and the federal court case, Police Retirement System of St. Louis v Granite Construction I...

Excerpt: ...rden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. LAW AND MOTION...

Excerpt: ...s have been alleged here to constitute a cause of action against Jakob Laggner, Nicole Laggner, and Reefside Health Center. Turning to the Second cause of action for breach of contract, the reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded (Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 966‐967) The Amended Option Agreement is between ICG, its subs...

Excerpt: ...spital Inc. v. Superior Court (1994) 8 Cal.4th 704, 713.) Malice is defined as “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” Oppression means “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. The adjective “...

Excerpt: ...2, 966‐967) As a general rule, in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The question of plaintiff's ability to prove these allegations, or the possible difficulty in making such proof does not concern the reviewing court. (Committee on Children's Television, Inc. v. General Food...

Excerpt: ...tificates of compliance. [Defendant's RFJN Exhibits B,C, and D]. Pursuant to Health & Safety Code §25404.1.2(a)(2) this creates a rebuttable presumption that the violations were classified as “minor”. [“In any proceeding concerning an enforcement action taken pursuant to this section, there shall be a rebuttable presumption upholding the determination made by the UPA regarding whether the violation is a minor violation.”] The complaint f...

Excerpt: ...es of action. The City asserts that it is not seeking reconsideration of that ruling, but includes these causes of action in its demurrer only to preserve appeal rights. The prior ruling therefore stands. II. The City's general demurrer to the new causes of action The Third Amended Complaint asserts four new causes of action, entitled Taxpayer Suit/Citizens Suit/Public Interest Suit/Injunction” (3 rd c/a); Declaratory relief cause of action (4t...

Excerpt: ...erification” is not per Code, the documents requested appear to have been produced, the interrogatories answered, and provided to Defendant”. When Plaintiff appeared at the May 25 hearing on that motion the Court ordered her to provide code complaint verifications by June 4, 2021. Plaintiff was served with a Notice of Entry of the written Order on June 11, 2021, after the deadline for providing the verifications had expired. [T]wo facts are a...

Excerpt: ...ourt further finds that Petitioner's declaration fails to comply with CRC 3.1324(b), as it does not state which three new causes of action have been added, or their effect; does not fully LAW AND MOTION TENTATIVE RULINGS DATE: July 27, 2020 TIME: 8:30 A.M. 2 state why the addition of 169 paragraphs are necessary; and does not state when the facts giving rise to the SAP were discovered, or why Petitioner did not file her motion earlier. Finally, t...

Excerpt: ...ween Watsonville Cadillac Buick GMC and Defendant. Plaintiff has further established that the RISC was assigned to Plaintiff. Parties can agree to delegate to the arbitrator the decision on threshold or “gateway” issues of the validity, enforceability and scope of an arbitration agreement, as long as two conditions are met: (1) the language of the delegation is “clear and unmistakable”; and (2) it is not subject to revocation under standa...

Excerpt: ...of the Statement of Decision in Case No 19CV03692 confirms that Plaintiff's claim for injunctive relief in that action was litigated through trial, and that Plaintiff's post‐trial attempt to amend the complaint to remove and/or strike the claim for injunctive relief was denied. A second action for damages is barred under the doctrine of res judicata where the first suit did not seek purely declaratory relief, and the second suit was based on th...

Excerpt: ...tories which request private financial information from Mr. Tabatabai which is unrelated to his interest in Enabledware and/or the value of that interest”. The Court's tentative decision further stated that it would only entertain a further motion to compel a response to the interrogatories “ upon (1) a showing that the parties have met and conferred in good faith; and (2) the identification of the specific interrogatories which remain in dis...

Excerpt: ...at they do not have the ability to satisfy the bond requirement, (Barragan Dec. filed 6/9/21¶ 18), the Court will use its equitable powers and set the bond amount at one half the amount of the judgment. $908,097.67 ÷2= $454,048.83. Defendants may apply (or may be credited for) the $130,520.52 in funds levied in Defendants' Chase Bank Accounts pursuant to Plaintiff Valley Fresh Produce Inc.'s Writ of Execution. Therefore, in addition to the $130...

Excerpt: ...nding shall give the action or proceeding preference over all other civil actions, in the matter of setting the action or proceeding for hearing or trial, and in hearing or trying the action or proceeding, so that the action or proceeding shall be quickly heard and determined. CEQA's purpose to ensure extremely prompt resolution of lawsuits claiming noncompliance with the Act is evidenced throughout the statute's procedural scheme. Such suits hav...

Excerpt: ...um on November 18, 2020. Petitioner filed this action nearly four months later, on March 8, 2021. A challenge to an action under CEQA must be brought within 30 days of the date a NOD is filed, or in this case by December 18, 2020. Pub. Res. Code §21167(e.). Respondent therefore demurrers to the Petition on the basis that it is time barred. The demurrer is sustained. CEQA imposes intentionally short and strict statues of limitations to ensure pro...

Excerpt: ...ied World National Assurance Co. (2017) 18 Cal.App.5th 881, 885.) Defendant does not dispute that he owes a personal debt of approximately $250,174.81. (Opposition p.2:6) In answers to special interrogatories, Blume Distillation conceded it owed Plaintiff $195,000.00; Whiskey Hill Farms owed $45,000; Blume owed $7,895.00. (Ex. M‐1 attached to Reply and Ex. A to Ex. M‐1) Re: the $100,000.00 “invested” in Blume Distillation, Defendant does ...

Excerpt: ...aused by the willful or negligent act of lessor or lessor's agents or employees. (SVP X‐C filed 4/22/20 ¶ 12 emphasis added) The FAC sets forth one cause of action on behalf of plaintiff Judy Feldman, premises liability and one cause of action on behalf of Scott Feldman, loss of consortium. (FAC filed 4/9/19 caption, ¶ 10, pp. 4‐6) The elements of a negligence cause of action are the existence of a legal duty of care, breach of that duty, a...

Excerpt: ...y to contracts generally apply to settlement contracts. (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810.) Cal Civ Code § 1688 Rescission extinguishes contract A contract is extinguished by its rescission. Cal Civ Code § 1689 When party to a contract may rescind (b) A party to a contract may rescind the contract in the following cases: (2) If the consideration for the obligation of the rescinding party fails, in whole or in...

Excerpt: ...sions of the Hearing Committee when evidence is being received. (AR 1; see also Petitioner's Memo at 4:17‐20.) The P&T Hearing Committee requested guidance from UCJR, a systemwide committee tasked with interpreting the Code of the Academic Senate and issuing interpretive guidance and rulings (AR 1‐2 and 18.) which stated in an email dated 4/28/20: “You put to us a question about the need for in‐person proceedings in the context of hearing...

Excerpt: ... and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable: (1) The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect unless the public entity establishes that it would be prejudiced in the defense of the claim if the court relieves the petitioner from the requirements of Section 945.4. 'A petitioner must show more than that he did not discover a fact...

Excerpt: ... evidence any fact necessary to its defense.” LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 21, 2021 TIME: 8:30 A.M. 4 California law governs the determination as to whether an agreement was reached “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is rai...

Excerpt: ...h in connection with a public issue.” If the court determines that the defendant has made this threshold showing, the burden shifts to plaintiff to demonstrate a probability of prevailing on the claim, by showing that the claim is both legally sufficient, and that it is supported by a prima facie showing of facts to LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 18, 2021 TIME: 8:30 A.M. 2 support a favorable judgment. Weil & Brown, California Proc...

Excerpt: ...at the Legislature has suggested that, where possible, the courts should impose partial limitations rather than outright denial of discovery. The privacy interests of fellow employees elsewhere in California could have been addressed by conditioning discovery on a Belaire‐West notice. (Williams v. Superior Court (2017) 3 Cal.5th 531, 559) Regarding the motion to compel further response to Special Interrogatory Nos. 4 and 5, the Court finds that...

Excerpt: ...t any time before or after commencement of trial, in the furtherance of justice”. CCP §573. However, an amendment after the conclusion of the trial, with the evidence in and arguments completed, is permissible in only three situations: (1) to conform to proof; (2) to correct a mistake or imperfection in the pleading; and (3) to bring in new issues, necessitating a reopening of the case for further evidence. Witkin, 5 Cal. Procedure, “Pleadin...

Excerpt: ... an attachment order “shall be set forth with particularity. Except where matters are specifically permitted by this title to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein”. CCP §482.040. Conclusory or generalized statements in a declaration in support of an application for a writ of attachment “do not suffice”, and ...