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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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...