Excerpt: ...r Respo nses to Special Interrogatories, and 3) Motion to Compel Further Responses to Requests for Production. Defendant opposes the Motions. Plaintiff propounded discovery on October 2, 2023, consisting of 19 Requests for Production of Documents, 19 Special Inte rrogatories, and Form Interrogatories – General series 1.0, 2.0, 3.0, and 15.1. After a brief extension, Defendant timely served objections to each of the three sets of discovery on No...

Excerpt: ...requested that judicial notice be taken in the footnotes. The first is in Footnote 1 on page 2 where Defendant requested the Court to take judicial notice that “the American Arbitration Association is one of the largest neutral arbitration services in the Unite d State.” Defendant did not specify under which section of the Evidence Code this request was being made. In Footnote 4 on page 9, Defendant requests the Court take judicial notice of...

Excerpt: ...ain.” CCP § 430. 10(f). A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond —i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed again st him or her. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal App.4th 612, 616). A demurrer can be used to challenge defects that appear on the face of the complaint o...

Excerpt: ...ught the lo an and deed of trust in August 2016, and currently owns the mortgage note and deed of trust. The Cadle Company services the loan for BBR Investments LLC. The Cadle Company moves for summary judgment or in the alternative summary adjudication. The motion is unopposed. Merits: The party moving for summary judgment bears the initial burden to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlanti...

Excerpt: ...tter will be continued to permit Petitioner to address these defects. Merits: Currency that 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 § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Heal...

Excerpt: ...d 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 complaint fails to “...

Excerpt: ...oader (Serial No. 1FF2454DAB0240050);  Pierce PM -3348 Delimber (Serial No. 15918). Merits of Motion: CCP § 512.060 provides that in order to obtain a writ of possession plaintiff must: 1) demonstrate the probable validity of the claim, meaning that it is more probable than not that it will u ltimately obtain a judgment for possession of the personal property; and 2) satisfy the undertaking requirements of Section 515.010. Plaintiff has suffi...

Excerpt: ...olicy in fav or of enforcing arbitration agreements. 9 U.S.C. § 1 et seq. The FAA applies to any written arbitration agreement in a contract evidencing a transaction involving interstate commerce. AlliedBruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 25, 277 . A party seeking to enforce an arbitration agreement has the burden of showing FAA preemption. (Woolls v. Superior Court (2005) 127 Cal.App.4th 197, 211.) For example, a petitioner...

Excerpt: ... of Californ ia (1992) 3 Cal. 4th 273, 277- 281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a class action suit, even if the representative plaintiff and defendant have agreed on the terms of such settlement or dismissal. In a class action, the trial court has a duty to adequately protect the members of the class. Bingham v. Obledo (1983) 147 Cal. App. 3d 40...

Excerpt: ...ement does n ot state facts sufficient to constitute a cause of action pursuant to CCP § 430.10(e). Meet 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 demu rrer 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 Peter Witherington i...

Excerpt: ...e of action pursuant to CCP 430.10(e), and is uncertain pursuant to CCP 430.10(f). Houseboating has concurrently filed a Motion to Strike, which argues that if the Court sustains the demurrer on the third cause of action, punitive damages must be struck from the FAC . The analysis and outcome on Houseboating's Demurrer and Motion to Strike is the same as for the Silverthorn Demurrer and Motion to Strike, which was made on substantially similar g...

Excerpt: ...wing that t here are no triable issues of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. There is a genuine issue of material fact only if the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the p arty opposing the motion in accordance with the applicable standard of proof. Id. at 845. A defendant has met his or her burden of showing that a cause of action has no merit if the...

Excerpt: ...udgment on Dec ember 29, 2023. Defendant has filed an opposition. Procedural Issues. Oppositions to motions for summary judgment are due 14 days before the hearing date. CCP § 437c(b)(2). Defendant filed his opposition on April 2, 2024, just 6 days prior to the hea ring date. The Court finds that the opposition is untimely; however, out of an abundance of caution will exercise its discretion to consider the opposition. The Court notes that th...

Excerpt: ...e provi ded by statute or by rule of court adopted pursuant to statute, the policy favoring the right of parties to make stipulations in their own interests and the policy favoring trial or other disposition of an action on the merits are generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action in construing the provisions of this chapter. CCP § 583.130. (a...

Excerpt: ... but denied without prejudice by the Court due to procedural defects; specifically, a failure to provide proper notice. The Court did not issue a ruling on the merits of the prior motion and therefore finds the present motion is not one for reconsideration. The Cour t will issue a ruling on the merits. Merits of Motion: CCP § 473(b) permits the Court to set aside a default or order entered against an aggrieved party due to mistake, surprise, i...

Excerpt: ...ment neglig ent misrepresentation, and 5) add a cause of action for violation of Magnuson Moss Warranty Act. Defendant General Motors LLC opposes the motion. Merits: CCP § 473(a)(1) permits any pleading to be amended in furtherance of justice and on any terms as may be proper, after notice to the adverse party. The Court's discretion in this regard will usually be exercised liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 9...

Excerpt: ... access to cou rt proceedings. Dep't of Fair Emp. & Hous. v. Superior Ct. of Santa Clara Cnty. (2022) 82 Cal. App. 5th 105, 108 (“DFEH”). Because of the inherently sensitive nature of some proceedings, statutes specifically allow for keeping certain parties' identities confidential. (See, for example, Civ. Code, § 1708.85, subd. (f)(1) [plaintiff in action for nonconsensual distribution of sexually explicit materials may proceed un...

Excerpt: ...nts to pr oduce the PMQ within 15 days. The PMQ was deposed on November 29, 2023, pursuant to the parties' agreement. Plaintiff established that the PMQ testified as to categories 1 -2, and 9 -13 only. Plaintiffs thereafter moved for issue and evidence sanctions an d to compel further deposition of a PMQ on the remaining categories, which the Court granted in part on January 4, 2024 (the hearing on the motion held January 2, 2024, and the Court ...

Excerpt: ...rial or as a basis of adjudication and a presumption of openness of substantive court proceedings in ordinary cases, our Supreme Court in NBC Subsidiary (KNBC –TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, (NBC Subsidiary ) set forth the findings that both the t rial and appellate courts must expressly make to seal a record. (Id. at pp. 1200, 1208 –1209, fn. 25.) Courts must find that (1) there is an overriding interest supporting sea...

Excerpt: ...iff filed a First Amended Representative Complaint for a Violation of Labor Code § 2698, et seq. on February 13, 2024. There is no longer a class action allegation. In the original moving papers, Defendant moved for a stay or dismissal of the action. In Defendant' s Supplemental Briefing on Petition to Compel Arbitration filed on March 14, 2024, Defendant only requested a stay pending arbitration. Plaintiff does not oppose arbitration but doe...

Excerpt: ...al Notice: The requests for judicial notice are unopposed. The Court grants the requests for judicial notice. Objections to Evidence: Defendant's Objections Nos. 1 -3, 6 and 7 are SUSTAINED. Defendant's Objections Nos. 4, 5 and 8 - 15 are OVERRULED. Defendant 's Objection to Mr. Obagi's 3 declaration filed in support of the reply is SUSTAINED. Entitlement to Attorney's Fees: Plaintiff's operative Second Amended Complaint alleged a single cause o...

Excerpt: ...res 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 demur rer.” The Declaration of Reuben B. Jacobson provides sufficient evidence of meet and confer efforts. Merits. A demurrer should be sustained if the complaint fails to “state facts s...

Excerpt: ... filed Decemb er 7, 2023. This request is granted pursuant to Evid. Code §§ 452(d) and 453. Meet 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 t he purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Katharine McCallum provide...

Excerpt: ...e objections to be raised in the demurrer.” Defendant provided no evidence of this and did not file a declaration addressing meet and confer efforts as required by CCP § 430.41(a)(3). However, Plaintiff did not raise an issue regarding meet and confer efforts and De fendant alleged in the Notice of Motion that counsel wrote a meet and confer letter to Plaintiff's counsel. “A determination by the court that the meet and confer process was in...

Excerpt: ...erica (Saf eco) is Plaintiff's alleged insurer. Safeco demurs to the Second Cause of Action of Plaintiff's First Amended Complaint (FAC), on the grounds that it fails to state facts sufficient to constitute a cause of action against Safeco pursuant to CCP 430.10(e). Meet 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 ...

Excerpt: ... state facts sufficient to constitute a cause of action pursuant to CCP § 430.10(e). Meet 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 Peter Witherington indicates complia...

Excerpt: ... Commission now moves to change venue pursuant to Code of Civil Procedure section 394. Plaintiffs oppose the motion. The parties agree that Shasta County is an appropriate initial venue for filing. They disagree as to whether section 394, a removal statute, app lies in this case. Code of Civil Procedure section 394 provides, in pertinent part: [A]ny action or proceeding brought by a county, city and county, city, or local agency within a certain...

Excerpt: ...nly known a s a Pitchess motion. See Pitchess v. Superior Court (1974) 11 Cal.3d 531. Pitchess motions have been codified in Evid. Code § 1043 which requires a written motion in both civil and criminal actions. Evid. Code § 1043(a). The motion shall include: “1) identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the ...

Excerpt: ...Reques t for Judicial Notice. The Court further notes that the Declaration of Andrew S. Pletcher provides evidence establishing how each of the documents in Requests 2 -8 (Ex. A -G) were obtained. Plaintiffs' Requests for Judicial Notice are granted pursuant to Ev id. Code §§ 452(h) and 453. Post jurisdictional discovery, Plaintiffs also requested the Court take judicial notice of three maps from Google Maps pursuant to Evid. Code §§ 452 and ...

Excerpt: ...or, managi ng agent, employee, or agent most qualified in the following categories: 1. Research and Development of any and all stanchions built on Defendant Sierra Pacific Industries' Property. 2. Safety measures/concerns/or considerations taken into account in the d esign of all stanchions built on Defendant Sierra Pacific Industries' Property. 3. Any and all differences between the subject stanchion involved in Plaintiff's injury and the new...

Excerpt: ...d with the Second Amended Notice of Taking Deposition of Witness Jonathan Martin and Request for Production of Documents on September 15, 2023. The Second Amended Notice noticed a Deposition of Jonathan Martin on October 18, 2023. Defendant also provided a Depo sition Subpoena compelling Jonathan Martin to appear on October 18, 2023, with an attached Proof of Service indicating that Jonathan Martin was personally served with the Deposition Subpoe...

Excerpt: ...the Third Amended Complaint. The Cross- Complaint filed on January 12, 2022 contains nine separate causes of action. The Answer filed on March 25, 2022 alleges twenty affirmative defenses to the Cross -Complaint. Plaintiff does not state in the Notice of Motion whether Plaintiff is proceeding with a motion for summary judgment on the Complaint, the CrossComplaint, or both. Instead, the Notice states that Plaintiff prays “That the Court issue ...

Excerpt: ...73. Plaint iffs allege Kacalek suddenly and unexpectedly lost consciousness while en route to an emergency call, causing the Subject Vehicle to go off the road and overturn. Plaintiffs Ryan and Charity Kacalek allege Strict Product Liability and Negligence [Product Liability] against Defendants Faurecia USA Holdings, Inc. and Faurecia Emissions Control Technologies USA, LLC (“Defendants,” for purposes of this Motion). Plaintiffs allege design...

Excerpt: ... discovery law provides for a broad range of sanctions for conduct that amounts to abuses of the discovery process including evidentiary and issue sanctions. Cedars -Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12. The spoilation of evidence can be a n abuse of discovery. Id. Spoilation of evidence is defined as “the destruction or alteration of relevant information or the failure to preserve evidence for another party's use in ...

Excerpt: ...ovides t hat “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other ...

Excerpt: ...that i t is uncertain and fails to state sufficient facts for a cause of action. Plaintiffs oppose the demurrer. Meet 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 Ian Schar...

Excerpt: ...tatemen t of Non-Opposition to the Motion. Merits: The law favors the settlement of lawsuits, particularly in complex litigation, where they save time and resources. Neary v. Regents of the University of California (1992) 3 Cal. 4th 273, 277 -281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a class action suit, even if the representative plaintiff and defenda...

Excerpt: ... 5, 2024 for a Final Approval Hearing. No oral objections were made on February 5, 2024. The Final Approval Hearing was continued to today's date because a declaration was not filed and additional information was necessary. This information has been provided. F inal Approval of the Settlement. The parties agreed to settle the case for $675,000.00. The breakdown of the settlement is as follows: Total Settlement Amount 675,000.00 Proposed Attorney...

Excerpt: ...otion for Summa ry Judgment and other related matters.” As this motion is included in the limited scope representation, Melvin S. Hodges may appear on behalf of Plaintiff for the limited purpose of this motion. Merits. “To ensure the prompt disposition of civil cas es, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” CRC 3.1332(a). “Although continuances of trials are ...

Excerpt: ...f America (Safeco) is Plaintiff's insurer. Safeco moves for an order severing Plaintiff's claims against Safeco from Plaintiff's claims against Defendants Simao, Rayfifield, and Reservoir Lane, LLC, pursuant to CCP § 598 and § 1048(b), Evid. Code § 1155, and the Court's inherent powers. These code sections do not directly support a motion to sever related to claims at the outset of litigation. “Although judges and lawyers commonly use the ...

Excerpt: ... or impro per matter inserted in any pleading;” or 2) “strike out all or any part of any pleading not drawn in conformity with the laws of this state.” CCP § 436(a) & (b). A motion to strike is the proper method to challenge an improper request for punitive damage s. Caliber Bodyworks, Inc. v Superior Court (2005) 134 Cal.App.4th 365, 385. In order to seek punitive damages, a plaintiff must plead that the defendant was guilty of oppression...

Excerpt: ...is uncertain and fails to state su
¯icient facts for a cause of action. Plainti
¯s oppose the demurrer. Defendant Chapman has Þled a Notice of Hearing directed to all parties and their attorneys of record, however there is no proof of service on Þle. Additionally, no Declaration has been Þled 2 regarding compliance with meet and confer requirements of CCP § 430.41. Proof of service must be Þled no later than Þve court days before the time...

Excerpt: ...Agreement Þled with the Court on September 16, 2022. This request is granted pursuant to Evid. Code §§ 452(d) and 453. Merits. CCP § 664.6 provides the Court with authority, upon motion, to enter judgment pursuant to the terms of a settlement agreement entered into in writing, or orally before the Court. If requested by the parties, the Court also retains jurisdiction over the parties to enforce the settlement until performance in full of the...

Excerpt: ...ling a motion to strike. No evidence of meet and confer e
¯orts has been provided. However, a determination by the Court that meet and confer e
¯orts were insu
¯icient is not a ground upon which a motion to strike can be granted or denied, therefore, the Court will issue a ruling on the merits. Merits. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any...

Excerpt: ...vil Procedure Section 1021.5. Respondent opposes the motion. Background: On April 10, 2023, this Court issued a Ruling on Writ of Mandate ordering County to release the records sought. In that Ruling, the Court found the Petitioner was the prevailing 3 party entitled to reasonable attorneys fees and costs according to proof. On April 28, 2023, County Þled a M oti on to Vacate th e R ul i n g or i n th e A ltern ati ve fo r a N ew Tri al , a n d ...

Excerpt: ...he Vilchez Declaration are OVERRULED. Song-Beverly: The Song- Beverly Act contains a cost-shifting provision that speciÞcally allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. § 1794(d). The attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing and prosecuting the action, based on actual time expended. The prevailing buyer has the burden of proving...

Excerpt: ...material fact and that the moving party is entitled to a judgment as a matter of law. CCP § 437c(c). A plainti
¯ has met his burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plainti
¯ has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists ...

Excerpt: ... the Decedents. Plainti
¯s have Þled competing motions to compel the inspection of the same records pursuant to CCP §§ 2017.010, 2031.010, 2031.310 and 2031.320. Both sides have requested sanctions. The crux of the present dispute is the scope of access to be provided to the Plainti
¯s. The parties appear to agree that the Decedent's medical records are discoverable and can be obtained through an inspection. Plainti
¯s request access to Def...

Excerpt: ...Knollcrest (“Ingersoll Defendants”) have Þled a separate demurrer, on the same grounds. Plainti
¯ Devinne Goodale 2 opposes the motions. Plainti
¯ presented to Defendants' oral surgery center, Riverside Oral Surgery (“Riverside”), on June 29, 2022 for a tooth extraction. Plainti
¯ alleges that she chose Riverside based upon representations on its website, speciÞcally a link to Yelp reviews of the practice, and the compassion and prof...

Excerpt: ...at is contained within the motion reflects service by electronic service and mail service on Plaintiff on December 19, 2023. "A party seeking dismissal of a case under Code of Civil Procedure sections 583.410- 583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion." CRC 3.1342(a). The notce provided to Plaintiff does not comply with CRC 3.1342(a). Defendant alternatively moves for terminating...