Excerpt: ...ts 1 and 9 of the First Amended Complaint. Counts 2‐8 are specifically directed to BLC, while Counts 1 and 9 do not specify which party they are direct to. Only Count 9 includes any allegation against SPI. SPI's briefing and Separate Statement of Undisputed Material Facts only address Counts 1 and 9. Therefore, the Court hereby considers summary adjudication of Counts 1 and 9 only. Evidentiary Objections: Defendant SPI's objects to Plaintiff's ...

Excerpt: .... Plaintiff is a BoardCertified Clinical Specialist in Orthopedic Physical Therapy. Plaintiff applied for the positon of Director of Physical Therapy at Defendant's Baas Clinic in or around April 2019. He applied through a recruiting agency, Delta Physician Placement. Delta typically charges $18,000 for a placement in addition to other costs (including loss of production, travel, lodging and relocation expenses). The total cost for placement to D...

Excerpt: ... 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. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified School District (1998) 65 Cal.App.4th 435, 438. No matter how unlikely, a plaintiff's allegations must be accepted as true for the pur...

Excerpt: ...uded in this proof of service are the Notice, Application, and Declaration. CCP § 1005(a)(2) and (b) require that the moving papers be served at least sixteen court days in advance of the hearing and five days are added for mailing. Thus, a mailing date of August 10, 2022 provides timely notice for a hearing on September 12, 2022. CCP §512.060 provides that in order to obtain a claim and delivery writ of possession, Plaintiff must: 1) demonstra...

Excerpt: ... a motion requesting the court deny the application. On June 5, 2022, Defendant River Knolls filed an Application for Determination of Good Faith Settlement. It sought approval of a $100,000 settlement payable by River Knolls to Plaintiff. Defendant City of Redding filed the present motion requesting the Court deny the Application on July 27, 2022. A good faith determination bars any other joint tortfeasors or co‐obligors from any further claim...

Excerpt: ...Doe 5's father. Tentative Ruling on Motion to Consolidate: Plaintiffs in Shasta County Case No. 197338, John Does 1‐4, and Plaintiff in Shasta County Case No. 197803, John Doe 5, move to consolidate the two matters for all purposes pursuant to CCP § 1048(a). Defendants Anderson Union High School District and Greg Grandell oppose the Motion. Plaintiffs have complied with the procedural requirements listed in CRC 3.350. (a) When actions involvin...

Excerpt: ...urt for leave to amend his pleading, or to file a cross‐complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross‐complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfei...

Excerpt: ... filed documents is GRANTED. The Court notes that such judicial notice is limited to “the existence of each document in a court file, including the truth of results reached” . . . “but not judicial notice of the truth of hearsay statements in decisions and court files. Courts may not take judicial notice of allegations in affidavits, declarations and probation reports in court records because such matters are reasonably subject to dispute a...

Excerpt: ...c, Inc. pursuant to a Solar Loan Agreement. Plaintiff electronically signed the Solar Loan Agreement which contained an arbitration clause. Per the arbitration terms, Plaintiff is required to arbitrate all “Claims” defined as any claim, dispute or controversy which arises out of or relates to the Loan Agreement. The Arbitration Agreement also provides that it is binding on successors in interest. The Arbitration Agreement expressly provides i...

Excerpt: ...y. This is not an appropriate objection to specific evidence. It is simply argument. Thus, the objection is overruled. Request for Judicial Notice: Pursuant to Evid. Code § 452(d) the Court will grant Defendants' request for judicial notice of the Court's records in this matter. Merits: CCP § 2030.290 provides that a party propounding interrogatories may move for an order compelling responses if a party to whom interrogatories are directed fail...

Excerpt: ...perty, and 2) certified copy of record of survey for Plaintiffs' property. Defendants request judicial notice of the First Amended Complaint and the Answer to the First Amended Complaint. The Court grants the requests for judicial notice pursuant to Evid. Code §§ 452(c), (d) and 453, and notes that although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation a...

Excerpt: .... “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” CRC 3.1332(c). “The unavailability of trial counsel because of death, illness, or other excusable circumstances” is listed as a circumstance that may constitute good cause. CRC 3.1332(c)(3). In this matter, counsel ...

Excerpt: ...‐051) and Supporting Declaration (MC‐052). Both forms and the proposed Order (MC‐053) must be served on the client and all parties who have appeared in the case at either the current address or the last known address that has been confirmed within thirty days. CRC 3.1362(d). CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of filing a consent to substitution under CCP § ...

Excerpt: ... 12 CFR 202.12 pursuant to Evidence Code §452 is granted. 3 Plaintiff's motion is supported by a separate statement setting forth plainly and concisely all material facts that Plaintiff contends are undisputed, with references to attached supporting evidence as required by CCP § 437c(b). A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving part...

Excerpt: ...el deposition of Defendant General Motors, LLC (“GM”) person most qualified (“PMQ”) with production of documents pursuant to CCP §§ 2025.230 and 2025.450. Plaintiff also moves for an order imposing monetary sanctions against GM pursuant to CCP § 2025.48(j). On January 12, 2022, Plaintiff served his Notice of Deposition for GM's PMQ. On February 3, 2022, GM served Objections to the Notice. On February 4, 2022 Plaintiff attempted to meet...

Excerpt: ...oppose the Motion. Meet and Confer. CCP § 435.5 requires that the moving party meet and confer with opposing counsel prior to filing a motion to strike. The declaration of David M. Benton provides sufficient evidence of meet and confer efforts. 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 irrelevant, false, or improper matter inserted in an...

Excerpt: ...ified” employees. Certificated employees are required by their positions to hold certifications issued by the Commission on Teacher Credentialing. Generally, certificated employees acquire certain tenure rights that classified employees do not acquire. Petitioner contends she acquired permanent status with the SCOE as a certificated employee in 2015, yet the Respondent terminated her position without affording her the rights and benefits of her...

Excerpt: ...led time of 9:00 a.m. Petitioner and its Counsel were present. Respondents and their counsel did not appear. The Court noted that there was no written opposition to the Petition and took the matter under submission on the extensive pleadings and evidence previously filed by Petitioner. The hearing concluded at 9:07 a.m. The Judge hearing the matter left the bench and the Petitioner and Petitioner's counsel left the courtroom. Sometime thereafter,...

Excerpt: ...on August 16, 2021. The contents are not subject to judicial notice, however, counsel has laid the proper foundation for Exhibit A and judicial notice is not necessary for the Court to consider the Stipulation Agreement. 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 al...

Excerpt: ...ught to strike terms that are “irrelevant, false or improper.” CCP § 436(a). It can also be brought on the grounds that the pleading was not “drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” CCP § 436(b). Defendants seek to strike the entire VA 2 alleging that it is “irrelevant, false or improper” or that it was not drawn in conformity with California law. The crux of Defendants argu...

Excerpt: ...l further responses, a motion to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause or that it satisfied a meetand‐confer requirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th 390. Thus, no meet and confer efforts were required. Merits. Different types of discovery are governed by different sections of the Code of Civil Proc...

Excerpt: ...7‐281 (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 401, 406. To grant final approval of a cla...

Excerpt: ...rous documents including transcripts from People v. Joshua James Siipola (Shasta County Case No. 21‐02358). No objections have been raised. The requests are granted. Merits of Motion: A general demurrer should be sustained if the complaint fails to “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). Demurrers are used to challenge defects that appear on the face of the complaint or from matters that may be subj...

Excerpt: ... of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably in dispute.” UnruhHaxton v. Regents of University of California (2008) 162 Cal. App. 4th 343, 364 (internal citations omitted). As this Court noted in its May 23, 2022 ruling denying Plaintiff's Demurrer and Motion to Strike, the Second Amended Complaint s...

Excerpt: ...0 Cal. App. 4th 1255, 1261. CCP § 425.16 provides a procedural remedy to dispose of SLAPP suits. Rusheen v. Cohen (2006) 37 Cal. 4th 1048, 1055‐56. A litigant may seek to strike a cause of action arising from any act in furtherance of the right to petition. CCP § 425.16(e)(2). CCP § 425.16 (b)(1), provides that “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free s...