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: ...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: ...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: ...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: ...ase No. RG08414643 (JN‐2), 3) Smiley v. Citibank (1996) 517 U.S. 735 (JN‐3), 4) 12 US Code § 85 (JN‐4), 5) Beneficial Nat. Bank v. Anderson (2003) 538 U.S. 1 (JN‐5), 12 Code of Federal Regulations § 7.4001 (JN‐6). Judicial notice is of the above‐listed items is proper. However, with respect to Item 1, the Court notes that rulings of another Superior Court are not binding authority. With respect to Item 2, the Court will take judicia...

Excerpt: ...cise its discretion and consider the motion on the merits. Plaintiff opposes the consideration of the untimely motion but does not claim that he will be prejudiced in any manner. The motion was filed at an early stage of the litigation and without substantial delay. Without any prejudice to Plaintiff, the Court will exercise its discretion and consider the late filed motion. The request is GRANTED. A proposed order was lodged with the Court and w...

Excerpt: ... this community. The rates will be reduced as described below. Defendant argues that all time incurred after an initial 998 Offer should be stricken. However, Plaintiff establishes that the initial 998 Offer was appropriately objected to on multiple grounds with no response or amendment by Defendant, requiring litigation to continue. The total number of hours will not be reduced. Costs will be awarded. Defendant's Evidentiary Objections: Defendan...

Excerpt: ...P § 473(b) “[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” A party seeking relief under section 473 on the grounds of excusable neglect bears the burden of demonstrating that the neglect was excusable in order to secure relief. Cochran v....

Excerpt: ... has alleged a common count causes of action to collect on a debt. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'” Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460. The complaint contains a statement of the indebtedness, that money was loaned, that the there is an open book or account stated...

Excerpt: ... A” are ordered to sign that “Agreement to Share Maintenance Expenses” and to have that signed document recorded on all properties identified in that document. Should any party not comply with the above any party can petition the court to enforce the order. The undersigned recommends to the Court that attorney's fees be awarded to any party that is required to petition the Court to enforce this order. Second Arbitration Decision dated Febru...

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...

Excerpt: ...efendant Team RV Management, LLC to Serve Responses Request for Production of Documents, Set One. Defendant Team RV Management, LLC filed a joint Opposition in which all three motions were addressed. The Reply also addresses all three motions. Due to the manner of the briefing, the Court is issuing one tentative ruling that will address all three motions. Request for Continuance. In the Opposition, Defendant requested that the three motions to co...

Excerpt: ...“Long”) opposes the motion requests the Court order Simonis to file an undertaking. The parties to these actions were involved in a long term on again, off again, romantic non‐ marital relationship which ended sometime before Simonis filed the Declaratory Relief action against Long in October of 2021. Thereafter, Long filed the UD action against Simonis. Both actions relate to the parties' rights and obligations pertaining to certain real p...

Excerpt: ... arises from whether the protective order should include a “sharing” provision that would permit Plaintiffs' counsel to keep the documents in perpetuity and disclose them to attorneys with similar claims. Merits of Motion: Defendants seek a protective order pursuant to CCP §§ 2017.20 and 2019.030. The parties agree that discovery will require Defendants to produce proprietary and confidential information. The parties also agree that a prote...

Excerpt: ...briefing. The proposed class is defined “As all non‐exempt hourly employees of Frozen Gourmet, Inc. who performed work in California at any time during the period of October 6, 2017 through October 1, 2021. The PAGA period is September 23, 2020, through the date of settlement approval or judgment. The proposed class members are approximately 25 former and current employees of Defendant. The proposed settlement is: Total Settlement Amount $180...

Excerpt: ...costs, including attorney's fees. Civil Code § 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 the fees were both reasonably necessary to conduct the litigation and reasonable in amount. Civil Code § 1794(d); Robertson v. Fleetwood Travel Trailers of Californ...

Excerpt: ... A” are ordered to sign that “Agreement to Share Maintenance Expenses” and to have that signed document recorded on all properties identified in that document. Should any party not comply with the above any party can petition the court to enforce the order. The undersigned recommends to the Court that attorney's fees be awarded to any party that is required to petition the Court to enforce this order. Second Arbitration Decision dated Febru...

Excerpt: ...be granted when there is no triable issue of fact. CCP § 437c. A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. CCP § 437c(f)(2). Either type of motion shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a mat...