Excerpt: ...FAA appli es or provide any evidence regarding Defendant's participation in interstate commerce. The agreement itself makes no mention of the FAA. Based on the evidence provided, the Court finds that the arbitration agreement at issue in this case is governed by the CAA. CCP § 1281.2 requires the Court to grant a petition to compel arbitration where it determines that an agreement to arbitrate the controversy exists. “[T]he trial court sits a...

Excerpt: ...were una ble to meet and confer. CCP § 435.5(a)(3). The Declaration of Timothy I. Mulcahey provides evidence of sufficient efforts to meet and confer. 8 Motion to Strike Standard. A motion to strike can be used to attack the entire pleading, or any part thereof, including single words or phrases. Stearns Ranchos v. Atchison Topeka & Santa Fe Railway (1981) 19 Cal. App. 3d 24. It is proper for the Court to strike any irrelevant, false or improper...

Excerpt: ...pposed. M eet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of John Kenny states sufficient facts to meet this requirement. Merits: A demurrer should be sustained if the compla...

Excerpt: ...e to the OSC has been filed. Plaintiff James Hull appeared at the most recent hearing on July 22, 2024, and informed the Court that he intended to dismiss this matter. The Court advised Mr. Hull that the Court would vacate this OSC if the matter was properly dism issed prior to today's hearing. No request for dismissal 2 has been filed. Plaintiff remains in violation of CRC 3.110. Sanctions will be imposed in the amount of $250. The clerk is in...

Excerpt: ...r. CCP § 436(a). The Court can also strike any part of a pleading that is not drawn or filed in conformity with California law. CCP § 436(b). The proper procedure for testing the adequacy 5 of punitive damages is a motion to strike. Grieves v. Superior C ourt (1984) 157 Cal.App.3d 159, 163-64. Punitive damages require a showing of malice, oppression or fraud. Civil Code § 3294. Malice is defined as conduct intended to cause injury or despica...

Excerpt: ...able: i. e., that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. “[T]he acts which brought about the default must have been the acts of a reasonably prudent person under the s ame circumstances.” Id. The moving party has the burden of proof to establish one of these conditions by a preponderance of the evidence. Luz v. Lopes (1960) 55 Cal.2d 54, 62. The m...

Excerpt: ... its disc retion to consider the Opposition. The Opposition being one day late did not appear to affect Plaintiff's ability to respond with a competent Reply. Meet and Confer. Meet and confer efforts were required prior to filing the motion. CCP § 2031.310(b)(2). The Court finds that prior to filing the motion, Plaintiff attempted to meet and confer in good faith. Merits. CCP § 2031.010 reads, in part: 3 (a) Any party may obtain discovery wi...

Excerpt: ...Jennife r Combest. Defendant filed her Answer on January 26, 2024. On April 11, 2024, Plaintiff filed a motion to deem matters admitted. Defendant did not oppose the motion to deem matters admitted, and the Court granted the motion on May 13, 2024. Meet and Con fer: “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating” the attempts made to meet and confer. CCP § 439(a)(3). The Declarat...

Excerpt: ... 10, 20 24, the Court continued the hearing to today's date because Plaintiff Lester Gjetley had filed a document titled “Plaintiff Lester Gjetley Response to Motion and Discovery” that included a copy of what appear to be verified responses to Requests for Admiss ions, Set One and Special Interrogatories, Set One. Plaintiff was ordered to serve Defendant with these responses. It is unclear if that has occurred. On July 15, 2024, as directe...

Excerpt: ...ng Comp any and Peterson Tractor Company. Plaintiff opposes the motion. Meet and Confer: Before filing a motion for judgment on the pleadings, moving party's counsel must meet and confer, in person or by telephone, with counsel for the party who filed the pleadi ng subject to the judgment on the pleadings motion “for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment ...

Excerpt: ... is “ furnished or intended to be furnished by any person in exchange for a controlled substance” or used or intended to be used to facilitate particular provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11 470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code §§ 11488.4 and 11488.5. For a judicial forfeiture the District Attor...

Excerpt: ...terms of the settlement agreement, Plaintiffs are the prevailing party entitled to recover reasonable attorney fees and costs. Plaintiffs seek a total of $319,464.80 in attorney fees and costs. This request consists of $149,773.50 in attorney fees for 269.3 hours of work litig ating this matter f ro m Aug ust 5, 2022 to th e p resent , a 2.0 mult i p l i er, an d $19,917.80 in costs. O b j ect i on s to Ev i d en ce: Plaintiffs have raised 10 Obj...

Excerpt: ... the Seco nd Amended Verified Petition for Writ of Mandate and Special Proceedings to Compel Release of Public Records. The Second Amended Verified Petition alleges a violation of the California Public Records Act (“CPRA”). Petitioner Dolores Lucero was properly n oticed with the Demurrer but did not file an Opposition. Meet and Confer. CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the part...

Excerpt: ...e have certain pleading requirements that are described in CRC 3.350. Plaintiff has complied with the requirements set forth in CRC 3.350. (a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessar...

Excerpt: ...No objec tions have been raised to the requests. The requests for judicial notice are granted. In granting judicial notice of the federal decisions, the Court is not making any finding that said authority is binding or persuasive. Plaintiff's Objections to Evid ence: The Court has reviewed each of Plaintiff's objections. All objections are OVERRULED. Defendants' Objections: Defendants correctly object to the supporting declarations filed by Pla...

Excerpt: ...tion describing efforts t o meet and confer in good faith. Plaintiff has provided evidence that Plaintiff attempted multiple times to meet and confer to resolve the issues. GM was largely nonresponsive. The Court finds that Plaintiff has made sufficient efforts to meet and confer . Plaintiff's Evidentiary Objections. Plaintiff makes four objections to the Declaration of Cameron Major filed in support of GM's Opposition. Each of these objections...

Excerpt: ...son Defend ants. The Gonzales Defendants have filed a Motion to Continue the presently set August 20, 2024, trial date. The Patterson Defendants have joined the motion. Plaintiff has opposed the motion. Defendant American Contractors Indemnity Company has not fil ed anything related to the motion and did not attend the ex parte hearing on June 27, 2024, at which time was shortened to hear the motion today instead of July 22, 2024, as originally...

Excerpt: ...ay make reference to and depend on the same evidence submitted in support of the summary judgment motion. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defen se, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” CRC...

Excerpt: ...itled to the ir costs, as hereinafter provided.” CCP § 1021. Allowable costs include “Attorney's fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law.” CCP § 1033.5(a)(10). Here, the statutory authority for recovery of attorney's fees is found in Lab. Code §§ 218.5, 226, 1194, 2802, and 2699. Defendant does not challenge whether Plaintiff is entitled to an award of attorney's fees and instead focuses the arg...

Excerpt: ...certain. CCP § 430.10(f). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. “Face of the complaint” includes matters shown in exhibits attached to the complaint. Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94. Plaintiff's Complaint alleges two causes of action. First, a cause of action for an easement by ne...

Excerpt: ...bpoena in its entirety, modifying it or directing compliance. CCP § 1987.1(a). The Court may also make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy . Id. A party may obtain discovery related to any matter, if the matter itself is admissible or reasonably calculated to lead to the discovery of admissible evidence. CCP § 2017.010. How...

Excerpt: ...judicial proceedin g before it, in every matter pertaining thereto.' [Citations.] Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. [Citatio n.] The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. The important right to counsel of one&#...

Excerpt: ...nd to Form and Special Interrogatories and Requests for Production. CCP §§ 2030.260(a) and 2031.260(a). Not providing timely responses results in a waiver of objections. CCP §§ 2030.290(a) and 2031.300(a). When a party fails to timely respond to interrogato ries or requests for production, the propounding party may move for an order compelling responses. CCP §§ 2030.290(b), 2031.300(b). Unlike a motion to compel further responses, a motion ...

Excerpt: ...ration o r underlying Motion to Compel Arbitration. Plaintiff Dylan Brandt opposes the motion. Request for Judicial Notice. Defendant request the Court take judicial notice of the Declarations of Tery Risse and Marissa Ayala filed March 21, 2024, the Court's Ap ril 22, 2024 Ruling in this matter, the Gonzalez v. Hoovetol decision, Gov. Code § 559, and the distance from the County of Yuba to the County of Yolo. All are granted pursuant to Evid. ...

Excerpt: ... Hospice in cluded attending to Mr. Waite's basic needs such as keeping him clean and dry, administering medications, ensuring hydration, inspecting his skin, and ensuring he was in a safe environment including appropriate fall interventions were in place. (Complaint ¶ 82.) Defendant now demurs to the First Cause of Action for Elder Abuse, and Second Cause of Action for Professional Negligence. Plaintiff opposes the demurrer. Meet and confer. CC...