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...

Excerpt: ...on of Stewart Altemus in which counsel provides evidence of custom and practice for construction projects. This objection is sustained on the grounds that counsel is not an expert. Plaintiff also objects to what are framed as misstatements of the evidence and statements not supported by evidence. These objections are overruled. 80th parties object to spreadsheets provided. These objections are overruled. Defendant objects to Plaintiff's counsel p...

Excerpt: ...on of Eric J. Jun provides sufficient evidence of meet and confer efforts. Merits. The court may, upon a moton 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 any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP S 436 A...

Excerpt: ...hat on any action on a contract where the contract prov-des for attorney's fees, the prevailing party on the contract shall be entitled to attorney's fees in addition to other costs. A prevailing party is defined as the party with a net recovery, a defendant in whose favor a dismissal is entered, a defendant when neither side obtained any relief and a defendant as against a plaintiff who do not reccwery any relief against defendant. CCP S 1032. I...

Excerpt: ...nter judgment pursuant to the terms of a settlement agreement entered into in writing, or orally before the Court. At a mandatory settlement conference on July 19, 2023, Plaintiffs and Defendants Dustin Mitchell and Sierra Severson (hereinafter "Defendants") entered into an oral settlement on the record before the Court. Defendants agreed to pay Plaintiffs the sum of $20,000. The parties agreed the settlement would be made pursuant to CCP S 564.4...

Excerpt: ...s of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code S 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code SS 11488.4 and 11488.5. For a judicial forfeiture the District Attorney's Office (or other agency) is required to file a Petiton for Forfeiture. Health and Safety Code S 11488.4(a). The Petition for Forfeiture must be served on the individ...

Excerpt: ...al 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 declaration filed in support of the reply is SUSTAINED. Entitlement to Attorney's Fees: Plaintiff's operative Second Amended Complaint alleged a single cause of action under Labor Code S 1102.5 for retaliation. Plaintiff prevailed on that cause of action at trial ...

Excerpt: ... ex rel. Strathmann v. Acacia Rsch. Corp. (2012) 210 Cal. App. 4th 487, 505—06 (internal citations omitted). The moton is dropped from calendar as moot. Tentative Ruling on Motion to Sever: This suit arises out of fire damage to real property owned by Plaintiff Alexander Family Trust. Plaintiff alleges the fire was caused by sunlight refraction from a glass bulb negligently left outside at an adjoining property owned by Defendant 2584 Reservoir...

Excerpt: ...ce Statement on December 21, 2023 that notes that the parties are in agreement with the Motion for Preliminary Approval being heard today. Therefore, the Court will proceed on the merits. The settlement in this matter is a nan-reversionary settlement that consists of both a $200,000 payment by Defendant and changes to certain policies and practices that Defendant has agreed to keep in place for five years following judgment in this matter. The pr...

Excerpt: ... Proof of Service for the Amended Petition, the Judgement by Default filed on December 10, 2021, and the Inventory filed on January 18, 2022, all of which are from Shasta County Case No. 21CV0433. Defendants also request the Court take judicial notice of the Order Compelling Responses to Form Interrogatories, Special Interrogatories, Request for Admissions, and Request for Production filed on January 18, 2023, in this matter (Shasta County Case N...

Excerpt: ...d Plaintiffs' Motion to Compel Depositions of four GM employees. The minutes state: "Defendant GM is ordered to produce the employees for deposition no later than 15 days after the entry of the Court's Order on this Motion. Plaintiffs shall prepare a new order consistent with today's ruling." The minutes also indicate the Court stated on the record that Plaintiffs shall prepare and submit the Order consistent with the Court's ruling regarding the...

Excerpt: ...r a trial are firm. All parties and their counsel must regard the date set for trial as certain. (c) Grounds for contnuance Although continuances of trials are disfavored, each request for a continuance must be considered on fts own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or exper...

Excerpt: ...g contract. "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided." CCP S 1021. Allowable costs include "Attorney's fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law." CCP S 1033...

Excerpt: ...The PMQ was deposed on November 29, 2023 pursuant to the parties agreement. Plaintiff alleges that the PMQ testified as to categories 1-2, and 9-13 only, and refused to testify as to the remaining categories. GM argues that the PMQ provided full and complete testimony on all categories. Plaintiff's Reply 2 includes excerpts from the deposition, which establish the PMQ was offered for testimony on categories 1-2 and 9-13 only (Oaks Deposition 8:15...

Excerpt: ...service on those defendants must be filed with the court within 50 days after the filing of the complaint." CRC 3.110(b). A Proof of Service of Summons is on file for Defendant David Caleb Willis indicating service of the Complaint on November 29, 2021. A Proof of Service of Summons is on file for Defendant Andrea Johnson indicating service of the Complaint on November 29, 2021. Responsive pleadings should have been on file within 30 days of serv...

Excerpt: ...ovide verifications to the unverified responses served on October 20, 2023, for further responses to the respective discovery and for sanctions. Verifications: California law requires all discovery responses to be executed under oath. See CCP SS 2030.250(a), 2031.250(a) and 2033.240(a). An unverified response is tantamount to no response at all. Melendrez v. Superior Court (2013) 215 Cal.App.4th 1343, 1348. It is undisputed that Defendant's Octob...

Excerpt: ...2022, Counsel stipulated to substituting Claudia Hostetter as Administrator of the Estate of Harold Engel as Plaintiff. Defendants now move to disqualify Attorney Thomas Andrews from representing Claudia Hostetter, Mary Collum, and Jennifer Rech. Only Claudia Hostetter, in her capacity as Special Administrator, is a party to this action. Plaintiff opposes the Motion, arguing the Motion is unsupported by admissible evidence. Merits: "A trial court...

Excerpt: ...ocess by failing to respond to the discovery requests that are subject to the Court's Order dated August 7, 2023. The discovery requests at issue in the previous Motion to Compel are Plaintiffs' Request for Production, Set One, Request for Admissions, Set One, Form Interrogatories, Set One, and Special Interrogatories, Set One. The Court ordered that Defendant provide responses within fifteen days of the Notice of Entry of Order. Notice of Entry ...

Excerpt: ...ith 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. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading." Here, the demurring party admittedly has not m...

Excerpt: ...rer: A general demurrer should be sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the party does not have legal capacity to sue or there is a misjoinder of parties. CCP S 430.10(b) & (d). 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) ...

Excerpt: ...ling, this was corrected to Department 8. Because Defendant was served prior to filing, the clerk stamped the Notice with the following: "NOTICE Time and/or dept. have been changed. Moving party shall give notce of change to all parties." Nothing has been filed indicating that Defendant was provided notice of the correct department. Request for Judicial Notice. Plaintiff requests the Court take judicial notce of the Stipulation Agreement filed wi...

Excerpt: ... are seven specific objections that the Court lists sequentially starting with the first. 1. Overruled as to each objection with the exception of the sentence starting with "As evidence of his assertion" for which the Evid. Code S 1152 objection is sustained. That sentence is stricken. 2. Overruled as to each objection. 3. Overruled as to each objection. 4. Overruled. 5. Overruled as to each objection. 6. Overruled as to each objection. 7. Overru...

Excerpt: ...facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether 4 the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 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. The court "treat(s) the demurrer as admitting all materi...

Excerpt: ...S 1005(b). The Court interprets this pleading as Plaintiff agreeing that the Demurrer should be sustained but seeking leave to amend. Meet and confer. CCP S 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 Declarati...

Excerpt: ...er 15, 2023, that has been opposed by Defendant. Procedural Issues. Motions for Summary Judgment have certain procedural requirements that differ from other motions. CCP S 437c(b)(1) reads: The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositons, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concis...

Excerpt: ...ion: Trial dates are firm. CRC 3.1332(a). A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is d...

Excerpt: ...aintiff argues the responses were untimely. Plaintiff had granted Defendant a 30-day extension to respond. Plaintiff argues that the 30-day extension ran from the day Plaintiff granted the extension (August 2, 2023) rather than from the original due date (August 9, 2023). The parties' email correspondence does not specify what they intended. A logical reading of "30-day extension" means 30 days past the original due date, not 30 days past the dat...

Excerpt: ...ed liberally to permit amendment. Nestle v. Santa Monica (1972) 5 Cal. 3d 920, 939. "If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion." Morgan v. Sup.Ct. (1959) ...

Excerpt: ...Vilchez Declaration are OVERRULED. Song-Beverly: The Song-Beverly Act contains a cost-shifting provision that specifically allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. S 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 ...

Excerpt: ...Notice. The Court notes that no objections were made to Plaintiffs' Request 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-GI were obtained. Plaintiffs' Requests for Judicial Notice are granted pursuant to Evid. Code SS 452(h) and 453. Merits. A defendant can challenge jurisdiction in California courts by filing a motion to qua...

Excerpt: ...ny affidavit in support thereof. Where the defendant has not yet appeared in this action, all of those documents must be served in the same manner as a complaint and summons. CCP S 512.030(b). Defendant was subserved after multiple attempts to personally serve. CCP S 415.20(b). Service is therefore proper. Merits: CCP 5512.060 provides that in order to obtain a claim and delivery writ of possession plaintiff must: 1) demonstrate the probable vali...

Excerpt: ...of Documents, Set One. After Mosely granted Abdulghani several extensions to respond, Abdulghani served unverified objections on August 25, 2023. Mosely filed the instant Motion on October 9, 2023. On October 19, 2023, Abdulghani served substantive responses, which Mosely has indicated are adequate. (Reply at 2.) Mosely maintains the request for sanctions, because of the time and expense required to bring this motion. Merits of Motion: When a par...

Excerpt: ...ate facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 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. The court "treat[sl the demurrer as admitting all mate...

Excerpt: ...for an order compelling responses. CCP SS 2030.290(b). On March 22, 2023, Plaintiff propounded Form Interrogatories, Set One on Defendant Bonna Johnson. To date, Defendant has not provided any responses. Plaintiff has established proper service of the discovery, that the time to respond has lapsed and that no responses have been received. The Court will issue an order compelling Defendant to provide responses. As for sanctions, they are mandatory...

Excerpt: ...v. Santa Monica (1972) 6 Cal. 3d 920, 939. Leave to amend should be liberally granted so long as there is no statute of limitations issue or prejudice to the opposing party. Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240. Plaintiffs allege it was recently discovered that the breach of contract code section cited in the First Amended Complaint was erroneous. California Civil Code Section 1719(a)(2) was cited, but the correct citation is...

Excerpt: ...udicial Notice: Pursuant to Evid. Code S 452 the Court GRANTS Defendant's request for judicial notice of the Complaint. Meet and Confer: CCP S 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 Fi...

Excerpt: ... was stricken as being filed without leave of Court on May 18, 2023. As a preliminary matter, despite being properly noticed, Plaintiffs did not file an Opposition to the Demurrer. Meet and Confer. CCP S 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 objectio...

Excerpt: ...mplied-in-fact contract causes of action on the grounds that they are barred by the statute of frauds defense. Request for Judicial Notice: 80th parties have requested judicial notice ofvarious documents. No objections have been raised. The requests are GRANTED. Standard on Demurrer: A general demurrer should sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer can be used...

Excerpt: ...vice listing the document titled Plaintiff's Evidence in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication. Accordingly, Plaintiff's Evidence in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication was not considered by the Court. Request for Judicial Notice. Pursuant to Evid. Code SS 452(a) and 453, the Court takes judicial notice of 15 USC Section 1665 and 12 CFR Section 202.12. Merit...

Excerpt: ...object to the Court preliminarily approving the settlement. This matter is post class certification. The Court has already certified the class, appointed the named Plaintiffs as class representatives, and appointed Kesluck, Silverstein, Jacob, & Morrison, P.C. and the Law Office of Edward Antonino P.C. as class counsel. The proposed settlement is as follows: Total Settlement Amount $250,000 Proposed Attorneys' Fees (33 %) $82,500 Litigation Costs...

Excerpt: ...n- reversionary gross settlement amount is Defendants North State Grocery, Inc. do not object to the Motion. Plaintiff Mary Napoles has filed a Notice of Joinder to the instant Motion in Naples v. North State Grc„cery, Inc. No. 22CV-02[n995 (consolidated with Case No. 22CV-02CG96). Allocation of the proposed settlement is as follows: Total Settlement Amount Proposed Attorneys' Fees (33%) 1,041,667 Litigation Costs and Expenses (up to) Settlemen...

Excerpt: ...int tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co- obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Section 877.6(b) provides, "The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the no...

Excerpt: ...s GRANTED; however, the Court notes that the rulings are not binding on this court and their persuasive value is extremely limited as the rulings pertain to hourly rates of other legal communities. Objections: Defendants' objections are OVERRULED. Authority: The Song-Beverly Act contains a cost-shifting provision that specifically allows prevailing buyers to ræover their costs, including attorney's fees. Civ. C. S 1794(d). The attorney's fee awa...

Excerpt: ...ronics, and destruction of any information already obtained. Plaintiffs further seek an order prohibiting Defendants from using any information obtained in any legal proceeding. Defendants Demur to the FAC pursuant to CCP S 430.10(e). Meet and Confer: CCP S 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 ag...

Excerpt: ...ivil Code S 1511. Motion for Summary Judgment: CCP S 437c(c) states a motion for summary judgment 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 matter of law. "A defendant...has met his or her burden of showing that a cause of achon has no merit if the party has shown that one or more elements of the cause of action, even if not separately p...

Excerpt: ...7c(c) states a motion for summary judgment 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 matter of law. "A defendant...has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a comp...

Excerpt: ...2022. CCP S 473(a)(1) permits any pleading to be amended in further 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 920, 939. "Ifthe motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and wh...

Excerpt: ...CCP S 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. 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 unli...

Excerpt: .... When a party fails to respond to a Request for Admissions, the propounding party may move for an order deeming the truth of matters and the genuineness of documents specified in the requests admitted. CCP S 2033.280(b). Failure to also waives any objections to the discovery propounded. CCP S 2033.280(a). Plaintiff's moving papers sufficiently demonstrate that Defendant has failed to respond to the Request for Admissions within the required time...