Excerpt: ... were not necessary. Ibid. If the items appear to be proper charges, the verified memorandum of costs is prima facie evidence that the items were reasonably incurred. Oak Grove School Dist. v. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698. Conclusory and unsubstantiated objections to a cost are insufficient to rebut the presumption that they were reasonably and necessarily incurred. Ladas v. California State Auto. Ass'n (1993) 19 Cal. App. 4...

Excerpt: ...against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded.” “Related cause of action” is defined as “a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” CCP § 426.10(c). Causes of action are related if there is a logical rel...

Excerpt: ... 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. (1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of ...

Excerpt: ...r to be attempted responses to the OSC. Although nothing in the correspondence was in an appropriate format for filing, and some appeared to be ex parte communications, as Plaintiff is the only party to have made an appearance in this case, in the interest of justice the Court chose to consider the correspondence. However, the numerous letters sent to the Court do not provide a sufficient excuse for not effectuating service in this case, especial...

Excerpt: ...clearly qualified by the responding party; 2) deny so much of the matter involved in the request as is untrue; or 3) specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. CCP § 2033.220(b)(1‐3). A propounding party may move for an order compelling further responses to request for admissions if the responses are evasive/incomplete or the objections are with...

Excerpt: ...ding Motion for Final Approval of Class Action Settlement was filed on November 19, 2021 along with supporting declarations. The motion is unopposed. Final Approval of the Settlement: The parties have agreed to settle the case for $575,000.00. The breakdown of the settlement is: Total Settlement Amount $575,000.00 Proposed Attorneys' Fees (33 1/3%) $191,666.67 Litigation Costs and Expenses $21,239.57 Settlement Administration Costs $6,500.00 PAGA...

Excerpt: ...ium. Defendants are alleged to have breached that promissory note which has an outstanding principal balance of $12,100. Merits of Motion: CCP § 438(c)(1)(A) provides a plaintiff may move for judgment on the pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does not state facts sufficient to constitute a defense to the complaint. Here, Plaintiff has alleged indemnity and breach of promissory note c...

Excerpt: ...opment Group Holdings, LLC (“DGH”) did not file a Memorandum of Costs. Timing. The Lockwoods and DGI each filed a Memorandum of Costs on October 18, 2021 and both were personally served on the Eatmons' counsel, Douglas Wright, on the same date. “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum.” CRC 3.1700(b)(1). The Eatmons timely filed their Motion to Strike Memorandum ...

Excerpt: ...Item No. 1 (filing and motion fees) $809.00  Item No. 5 (service of process) $80.00  Item No. 16 (other) $373.00 2 Merits of Motion: The Song‐Beverly Act; specifically, Civil Code Section 1794(d) states “If the buyer prevails…the buyer hall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses…determined by the court to have been reasonably incurred by the buyer in conne...

Excerpt: ... 2 CRC 2.551. The Court finds good cause to seal the documents. The motion is GRANTED. A proposed order was lodged with the Court which will be executed. The clerk is instructed to seal the documents. Tentative Ruling on Motion to Compel and Competing Motion for Protective Order: Defendants Jas. D. Easton, Inc. and Easton Technical (hereinafter “Defendants”) move for a protective order to prevent the inspection of their manufacturing process....

Excerpt: ...th and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code §§ 11488.4 and 11488.5. For a judicial forfeiture the District Attorney's Office (or other agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The Petition for Forfeiture must be served on the individuals from whom the property was seized. Health and Safety Code § 1148...

Excerpt: ...and body of the complaint as a Defendant. On July 20, 2021, Plaintiffs filed their FAC which omits OES. References to OES in the caption and as a Defendant were removed from the FAC. An amended complaint that omits a defendant named in the original complaint, serves as a dismissal without prejudice as to that defendant. Kuperman v. Great Republic Life Ins. Co. (1987) 195 Cal.App.3d 943, 947. Based on the foregoing, the Court finds that OES has be...

Excerpt: ...torney's fees. Civ. 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 California, Inc., (2006) 144...

Excerpt: ...ertence, surprise, or excusable neglect.” CCP § 473(b). Application “shall be made within a reasonable time, in no case exceeding six months, after the … dismissal.” CCP § 473(b). A moving party must show diligence. Kendall. Barker (1988) 197 Cal. App. 3d 619, 625. What is a reasonable time in any case depends upon the circumstances of that particular case and there must be some showing, some evidence, as the basis for the exercise of t...

Excerpt: ...s the proxy or agent of state labor law enforcement agencies, representing the same legal right and interest as those agencies, in a proceeding that is designed to protect the public, not to benefit private parties. Villacres v. ABM Industries Inc. (2010) 189 Cal. App. 4th 562. The purpose of PAGA is not to recover damages or restitution, but to create a means of “deputizing” citizens as private attorneys general to enforce the Labor Code; th...

Excerpt: ...017) 13 Cal.App.5th 880, 891. However, the parties may delegate resolution of these issues to the arbitrator as long as there is clear and unmistakable evidence they intended to do so and the delegation clause is not revocable on state law grounds such as fraud, duress or unconscionability. Pinela v. Neiman Marcus Group, Inc. (2015) 238 Cal.App.4th 227, 239‐ 240. The Arbitration Agreement entered on behalf of Decedent and Defendant on March 20,...

Excerpt: ..., in part: (a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter rele...

Excerpt: ...ially noticeable as records of any court in the United States, Evidence Code 452(d). Defendants have objected to the request on the grounds of relevance. The requested documents relate to different cases, concerning similar subject matter, that is, efforts to enforce arbitration agreements in Song‐Beverly actions. Judicial notice is appropriate for the records of any court in this state. Evidence Code § 452(d). However, “the truth of stateme...

Excerpt: ...irst time, presented evidence and arguments in the Reply. Plaintiff does not specify which evidence and arguments this applies to. There was no new evidence provided, only a Request for Judicial Notice that was made separate in a separate pleading. The actual evidence had already been presented. The arguments made are either expanding on arguments in the moving papers or responding to issues raised in the Opposition. The Court considers the Reply...

Excerpt: ...f action against Defendants Hannah and Gary Borg. On December 7, 2020, a stipulation was filed to consolidate this action with Case No. 196131. On December 9, 2020, the Court executed the order consolidating the two files. Proofs of service were filed on July 7, 2021 which reflect Hannah Borg was served by certified mail on June 1, 2021 and that Gary Borg was substitute served on June 8, 2021. Both Gary and Hannah Borg were defaulted on July 22, ...

Excerpt: ...mplaint was filed on September 28, 2018. Defendants Prime Healthcare Shasta, LLC; Prime Healthcare Services, Inc.; MPT of Shasta, LP; and Prime Healthcare Management, Inc. filed their motion for summary judgment on October 9, 2020. The motion was continued several times, first on October 21, 2021, then on March 1, 2021, again on June 8, 2021, and finally on August 24, 2021. Factual Background: On October 6, 2016, Plaintiff was at SRMC for a nucle...

Excerpt: ...§ 8400 et seq. Once a mechanic's lien is recorded, the recording party has 90 days in which to file an action to foreclose. Civil Code § 8460. If an action is not recorded within the 90 day timeframe, the owner of the property may petition the Court to release the mechanic's lien. Civil Code § 8480. The procedural requirements for this statutory petition are provided in Civil Code §§ 8480 et seq. The Court finds that: the Petition has been p...

Excerpt: ...r work in this region. Said determination is not necessary based on the nature of the calculations and the Court's analysis of the applicable lodestar. 4 the attorney‐client relationship is grounds for allowing an attorney to withdraw. Estate of Falco v. Decker (1987) 188 Cal. App. 3d 1004, 1014. However, the Plaintiff in this case is a minor with an appointed Guardian Ad Litem (“GAL”). “[T]he court has a duty to see that the minor's righ...

Excerpt: ...usually be exercised liberally to permit amendment. Nestle v. Santa Monica (1972) 6 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.” Mor...

Excerpt: ...eys' Fees, Costs, and Enhancement Payment was filed on August 23, 2021, along with supporting declarations. The motion is unopposed. As a preliminary matter, the Court approves Plaintiff's request to exceed the page limit for the memorandum pursuant to CRC 3.1113(e). Final Approval of the Settlement: The parties have agreed to settle the case for $880,000. The breakdown of the settlement is: Total Settlement Amount $880,000.00 Proposed Attorneys'...

Excerpt: ...(d) and 453. Defendants' Objections to Plaintiff's Evidence. Defendant objects to ¶ 2 of the Declaration of Claudia Brisson which reads, “Plaintiff has not been able to conduct any discovery in this case.” Defendant objects on the grounds that this is a misstatement of the law and the facts of this case. The Court overrules this objection. Defendant objects to ¶ 4 which reads, ““Plaintiff does not have and has not been able to obtain cr...

Excerpt: ...in its ruling of April 28, 2021 finding that the statutory mechanism of enforcement under CCP § 664.6 wasn't available. At the time of counsel's execution of the settlement agreement, CCP § 664.6 only permitted enforcement if the agreement was signed by the parties. CCP § 664.6 was amended effective January 1, 2021 to permit enforcement (by entry of judgment) of a settlement agreement signed by counsel. The Court found (in its April 28, 2021 r...

Excerpt: ...ught pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” CCP § 2016.040. The Declaration of Stewart C. Altemus describes the meet and confer efforts he has made to resolve the issue with Plaintiff's counsel. T...

Excerpt: ...of Motion: The Federal Arbitration Act and controlling California authority require the Court to enforce a parties' Arbitration Agreement and compel arbitration on all arbitrable claims. Dean Witter Reynolds, Inc. v. Byrd (1985) 470 U.S. 213, 218. In deciding a motion to compel arbitration, the Court's role is limited to answering two questions: 1) does a valid agreement to arbitrate exist; and, if it does; 2) does the arbitration agreement encom...

Excerpt: ... and Crown. Plaintiff alleges various statutory violations of the SongBeverly Act and fraud by omission against Ford. Plaintiff alleges a single cause of action of negligence against Crown. None of the complaint's allegations relate to a term or obligation imposed by the Sale Contract between Plaintiff and Team Ford. Defendants separately seek to compel arbitration based on the Arbitration Provision in the Sales Contract which states in pertinent...

Excerpt: ...ice identified 32 areas of inquiry and demanded production of 28 categories of documents including any and all documents related to certain recalls and technical bulletins. On April 23, 2021, GM served a 32 page response setting forth various objections to the categories of inquiry and the request for production. After a brief and meet and confer process, GM offered to proceed with a deposition but subject to terms that were not acceptable to the...

Excerpt: ...sed liberally to permit amendment. Nestle v. Santa Monica (1972) 6 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. (1...

Excerpt: ...ealing fail as a matter of law on the grounds that plaintiffs made material misrepresentations during their claim that vitiated coverage under their Integon policy. Issue No. 2. Integon is entitled to summary adjudication on the grounds the undisputed facts establish plaintiffs' unclean hands bars plaintiffs' first cause of action for breach of contract against Integon. Issue No. 3. Integon is entitled to summary adjudication on the grounds the u...

Excerpt: ...lleges that the Third Amended Complaint is barred by public immunity. The Demurrer is unopposed. Cause of Action No. 1 (FEHA): Plaintiff's first cause of action is an alleged hostile work environment citing to Gov't Code § 12940(j) of FEHA. FEHA protects against discrimination against identified protected classes. The Third Amended Complaint fails to identify any protected class to which Plaintiff belonged. Without discrimination, harassment or ...

Excerpt: ..., Defendant also moves to exclude evidence regarding the revocation/alleged revocation of Millville Grange's Charter. In its moving papers, Defendant argues that Plaintiff has sued the wrong party. The Second Cause of Action alleged is Cancellation of Deed and Quiet Title. Defendant currently holds title to the real property at issue. In a quiet title action,"[t]he plaintiff shall name as defendants in the action the persons having adverse claims...

Excerpt: ... Motion for Reconsideration. Plaintiff opposes the motion and seeks sanctions. Defendant's Request for Judicial Notice. Granted. Plaintiff's Objections to Defendant's Evidence. Plaintiff makes 19 objections to various portions of the Declaration of John P. Kelley. Objections 1‐17 and 19. Overruled. Objection 18. Sustained only as to “He was asked if he knew his deposition had been noticed for April 28 and he again said ‘no.'” Merits. Moti...

Excerpt: .... Santa Monica (1972) 6 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) 172 Cal.App.2d 527, 530. Defendants se...

Excerpt: ...unds that the Court lacks Jurisdiction, the matter is not ripe, that the first cause of action fails to state facts sufficient to constitute a cause of action against Defendants, and the first cause of action is uncertain because Defendants cannot ascertain what damages, if any, were suffered by plaintiff. CCP 430.10(a), (e), (f). Defendants are also seeking sanctions under CCP § 128.5. In support of the Demurrer, Defendant requests that the Cou...

Excerpt: ...CP §§ 1005(b) and 1013(c). Service on Defendant is proper as she is currently selfrepresented in Case No. 196018 as confirmed by no substitution of attorney on file and Defendant's indication 2 that she was proceeding in pro per at the resolution review hearing on July 12, 2021. Leave to File FAC. CCP § 473 provides that the court may “in furtherance of justice…allow, upon any terms as may be just, an amendment to any pleading or proceedin...

Excerpt: ...f of service does not explicitly state that service was personal, however, it does contain information that is generally only provided with personal service, i.e., the specific time of service and physical description of the person served. As it appears that Respondent was timely served, the Court is exercising its discretion to accept the proof of service and issue a ruling on the merits. Merits. “[T]he Legislature has expressed a strong publi...

Excerpt: ...n was continued, by stipulation, to the instant date. This case is currently set for trial on November 16, 2021. The Plaintiffs' complaint alleges 6 causes of action. Cause of Action No. 1 alleges violation of 14 separate Labor Code Sections; Cause of Action No. 2 alleges violation of Health and Safety Code Section 1278.5; Cause of Action No. 3 alleges violation of Labor Code Section 1102.5; Cause of Action No. 4 alleges ‘senior abuse'; Cause o...

Excerpt: ...g Company, Inc. who worked for Seco in California from June 6, 2015 through date of preliminary approval.” The Proposed PAGA Recipients will include all Class Members who do not opt out of the Settlement and worked for Defendant within the PAGA Period, which is defined as “any time from June 12, 2018 to date of preliminary approval.” The proposed class members are approximately 217 former and current employees of Defendant. The proposed set...

Excerpt: ...re granted. Meet and Confer CCP § 439(a)(3) provides : “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating” the attempts made to meet and confer. No such declaration was filed. That is sufficient to deny the motion. However, in the interest of judicial efficiency, the Court will exercise its 2 discretion and consider the merits of the motion, despite Plaintiff's failure to follow the sta...

Excerpt: ...2021. Kelly Cotton (“Moving Party”) now seeks leave to intervene pursuant to CCP § 387(a) and Welfare and Institutions Code § 15657.3 and CCP § 377.33, claiming to have superior rights to pursue these claims. Moving party has provided admissible evidence that she was nominated by the Decedent to act as his personal representative in his Will. The terms of the Will provide that all assets of the Estate are to be deposited into the Decedent'...

Excerpt: ...roposed cross‐complaint relates to the same parties and deals with disputes and issues arising from the use of an easement. The Court finds that allowing the filing of the cross‐complaint would be in the interests of justice. In reaching this finding the Court notes that there is presently no trial date set. The Court is in agreement with much of the discussion contained in the opposing party's briefing. The motion to amend is indeed late in ...

Excerpt: ... insurer will pay the policy limits of $400,000 plus the $6,000 Medical Payments Coverage. All parties who have appeared in the action per CCP § 1014 were provided proper notice. No Oppositions were filed. Merits of the Motion. The California Supreme Court case of Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488 provides that “the intent and policies underlying [Code of Civil Procedure] section 877.6 require that a numb...

Excerpt: ...o. 4: OVERRULED Objection No. 5: OVERRULED Objection No. 6: OVERRULED Objection No. 7: SUSTAINED on the grounds of a legal conclusion; OVERRULED as to the remainder Objection No. 8: OVERRULED Objection No. 9: OVERRULED Objection No. 10: OVERRULED Objection No. 11: OVERRULED Objection No. 12: OVERRULED Objection No. 13: OVERRULED Objection No. 14: OVERRULED Plaintiff's Objections: Objection No. 1: OVERRULED Objection No. 2: OVERRULED Objection No....

Excerpt: ... on May 27, 2021. Defendant contends it was timely as Defendant had until June 2, 2021 to file the Demurrer pursuant to CCP § 430.41(a)(2). CCP § 430.41(a)(2) states in part: The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐d...

Excerpt: ... insurer will pay the policy limits of $400,000 plus the $6,000 Medical Payments Coverage. All parties who have appeared in the action per CCP § 1014 were provided proper notice. No Oppositions were filed. Merits of the Motion. The California Supreme Court case of Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488 provides that “the intent and policies underlying [Code of Civil Procedure] section 877.6 require that a numb...

Excerpt: ... on May 27, 2021. Defendant contends it was timely as Defendant had until June 2, 2021 to file the Demurrer pursuant to CCP § 430.41(a)(2). CCP § 430.41(a)(2) states in part: The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐d...

Excerpt: ...nmeritorious. The objections are OVERRULED. Factual Background: Plaintiff Maria Czajka is the owner of 8409 Creekview Lane in Redding. Plaintiffs, Robert and Kelsey Garnero are the owners of 15965 Yankee Mine Road in Redding. Defendants are their neighbors along Rocklin Way. Plaintiffs claim they and their predecessors in title have used Rocklin Way for their respective properties. Defendants dispute that Plaintiffs have any right to use Rocklin ...

Excerpt: ...ply to an enforcement proceeding brought after the effective date, where the settlement agreement was signed on December 21, 2020, by the parties' attorney, but not the parties? CCP § 166.1 provides that the parties can request, or, “at the judge's discretion, a judge may indicate in an interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolut...

Excerpt: ...act 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 complete defense to the cause of action. Once the defendant … has met that burden, the burden shifts to the plaintiff … to show that a ...

Excerpt: ...intiff did not comply with CRC 3.1354(b) when making these objections. The objections were not served and filed separately, were not numbered consecutively, and did not follow either format permitted by CRC 3.1354(b). In addition to the issues with the format of the objections, the objections do not cite to or list specific evidence being objected to, but rather object to entire DUMF's. All objections that state, “Disputed and objected to as ir...

Excerpt: ...ply to an enforcement proceeding brought after the effective date, where the settlement agreement was signed on December 21, 2020, by the parties' attorney, but not the parties? CCP § 166.1 provides that the parties can request, or, “at the judge's discretion, a judge may indicate in an interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolut...

Excerpt: ...act 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 complete defense to the cause of action. Once the defendant … has met that burden, the burden shifts to the plaintiff … to show that a ...

Excerpt: ...intiff did not comply with CRC 3.1354(b) when making these objections. The objections were not served and filed separately, were not numbered consecutively, and did not follow either format permitted by CRC 3.1354(b). In addition to the issues with the format of the objections, the objections do not cite to or list specific evidence being objected to, but rather object to entire DUMF's. All objections that state, “Disputed and objected to as ir...

Excerpt: ...s' Evidence. Declarations of Terry Buchanan, Marisa Hennan, Patricia Jones, Daniel Smith, and Tawny Wooten: “I may have missed a 30 minute break but was adequately compensated.” Sustained as to “but was adequately compensated.” “I am not aware of any employees at my stores who did not have the opportunity or were not able to take a required meal or rest break, or who was not appropriately compensated.” Sustained as to “or who was no...

Excerpt: ...randum of costs and an opportunity to file a motion to tax costs. David S. Karton, A Law Corp. v. Dougherty (2009) 171 Cal.App.4th 133, 147. The Court finds that Defendant has standing to move to strike or tax the requested costs. Merits of Motion: Pursuant to CCP § 1032, the party prevailing in most civil cases may recover costs of suit in any action or proceeding. See CCP § 1032(b); Santisas v. Goodin (1998) 17 Cal.4th 599, 606. The types of ...

Excerpt: ...ke any irrelevant, false or improper matter. CCP § 436(a). The Court can also strike any part of a pleading that is not drawn or filed in conformity with California law. CCP § 436(b). The proper procedure for testing the adequacy of punitive damages is a motion to strike. Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 163‐64. Punitive damages require a showing of malice, oppression or fraud. Civil Code § 2 3294. Malice is defined as co...

Excerpt: ...rt shall be public.” CCP § 124. Unless confidentiality is required by law, court records are presumed to be open to the public. California Rules of Court (CRC), Rule 2.550(c). CRC Rule 2.551 prohibits the court from permitting a record to be filed under seal except by motion or application. The moving party bears the burden to provide “facts sufficient to justify the sealing.” Rule 2.551(b)(1). “The public has a First Amendment right of ...

Excerpt: ...6.040, which states that a meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. During the deposition, Mr. Kelley informed Ms. Haner and counsel that he would seek court intervention if the question was not answered. On Wednesday May 5, 2021, Mr. Kelley emailed a letter to counsel describing the issue and stating that a mot...

Excerpt: ...n be reached that would resolve the objections to be raised in the demurrer.” Although not initially provided, Defendant's counsel has provided evidence of two lengthy and detailed letters describing the defects in the Complaint and asking that Plaintiff's counsel amend. There was also a conversation about the Demurrer in which Plaintiff's counsel indicated that meet and confer obligations had been satisfied. The Court finds that the meet and c...

Excerpt: ... CRC 3.1354(b) requires all written objections to be filed separately from the other papers in support or opposition. Written objections must also be numbered consecutively. CRC 3.1354(b). A proposed order must also be provided. CRC 3.1354(c). Both sides have submitted objections within their separate statements. Neither 2 side has lodged proposed orders. The parties have failed to comply with CRC 3.1354(b) & (c). The objections are OVERRULED for...

Excerpt: ...ides evidence that Plaintiff's counsel was sent a meet and confer letter on March 23, 2021 that described the deficiency with each response at issue. Plaintiff did not respond to this letter. The Court finds that Defendants' meet and confer efforts were sufficient. Merits. “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” CCP § 2030...

Excerpt: ...dant entered into a contract with Plaintiff to purchase and have installed three greenhouses. This is the only alleged business dealing between Defendant and any California entity. The installation occurred entirely in Oregon. Defendant is a resident of Oregon, and was served a summons and a copy of the complaint in Oregon. Personal jurisdiction may be either general or specific. Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 4 Cal.4th 434, 4...

Excerpt: ...l sought is protected from disclosure based the right to privacy. SUHSD has asserted these objections on behalf of Defendant Michelle Kimball (“Kimball”). Motions brought pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented b...

Excerpt: ... in nine different court files. The request for judicial notice was contained within Defendant's declaration and was not filed as a separate document. The request for judicial notice is DENIED. Jurisdiction: A defendant against who a default has been entered cannot thereafter file pleadings, move for a new trial or demand a notice of subsequent proceedings until the default is set aside. Holsinger v. Holsinger (1950) 95 Cal.App.2d 835, 837. Here,...

Excerpt: ... on April 29, 2021, which is less than sixteen court days prior to the hearing. However, Plaintiff did not raise an objection and responded substantively, thus waiving any objection to the notice. Tate v. Superior Court (1975) 45 Cal.App.3d 925, 930. Defendant's Request for Judicial Notice. Defendant requests that the Court take judicial notice of the moving papers from the previous Motion to Continue heard on December 14, 2020 as a record of a c...

Excerpt: ...elated to why the motion has been brought instead of filing the substitution of attorney. CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of a filing a consent to substitution under CCP § 284(1). Mr. Minasian indicates that his client owes in excess of $10,000 in attorney fees, does not communicate with him, and has not responded to requests to obtain discovery. In Mr. Minasi...

Excerpt: ...ation for the same order upon new or different facts, circumstances, or law,…” CCP § 1008(b). A renewed motion based on new or different facts must be supported by a declaration showing why the moving party failed to provide the new or different facts at an earlier time. Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1198‐99. On May 5, 2020, Plaintiffs filed the prior motion for a preliminary injunction. The motion was heard a...

Excerpt: ...nsider the late filed paperwork. CRC 3.1300(d) Merits of Motion: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment….” CCP § 473.5(a). A motion of this nature “shall be accompanied by an affidavit showing under oa...

Excerpt: ...bjection No. 7‐ Overruled as to relevance, sustained as to hearsay and improper opinion Objection No. 8‐Overruled Objection No. 9‐Overruled Objection No. 10‐Overruled Objection No. 11‐Sustained Objection No. 12‐ Sustained Objection No. 13‐Sustained Objection No. 14‐Sustained Objection No. 15‐Sustained Objection No. 16‐Sustained Objection No. 17‐Overruled 2 Objection No. 18‐Overruled Objection No. 19‐Overruled Objection N...

Excerpt: ...which to ensure meaningful access to the court. Jameson v. Desta (2009) 179 Cal. App. 4th 672, 678. Wantuch v. Davis (1995) 32 Cal. App. 4th 786 provides considerations for the Court to balance in determining the appropriate remedy to secure access to the court. That case analyzed a similar request in the context of an indigent, incarcerated litigant. The Court suggested consideration of “the nature of the action, the potential effect on the pr...

Excerpt: ...ity Alps Preserve, et al. (case no. 180657) pursuant to Evidence Code §§ 452 and 453. There is no objection to this request. The request is therefore GRANTED. Merits of the Motion. Prevailing Party. CCP § 1032(a)(4) defines a prevailing party to include “the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against th...

Excerpt: ...ad immediate access to their clients. After assuring the Court that they had authority, settlement terms were placed on the record pursuant to CCP 664.6. This section provides, in pertinent part: (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the te...

Excerpt: ... property which has been complicated by the issuance of multiple judgments. 4 Plaintiffs cite no legal authority, either statutory or case law, to support their request. There is no allegation that the Judgments in this case contain any errors or that they are void. The request appears to be purely for the convenience of Plaintiffs in enforcing the judgments. With no legal authority being cited, the motion is DENIED without prejudice. A proposed ...

Excerpt: ...which to ensure meaningful access to the court. Jameson v. Desta (2009) 179 Cal. App. 4th 672, 678. Wantuch v. Davis (1995) 32 Cal. App. 4th 786 provides considerations for the Court to balance in determining the appropriate remedy to secure access to the court. That case analyzed a similar request in the context of an indigent, incarcerated litigant. The Court suggested consideration of “the nature of the action, the potential effect on the pr...

Excerpt: ...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 unlikely, a plain...

Excerpt: ...e 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 purpose of rul...

Excerpt: ...tus of the case. CRC 3.1332(c)(6) & (7). Plaintiff alleges that good cause exists to continue the trial date because additional discovery is needed. The present trial date was set following a stipulation by both parties on June 9, 2020. In September of 2020, the parties began discussing the possibility of resolving the matter through mediation, and a formal agreement to mediate was reached on November 11, 2020. As part of the agreement to pursue ...

Excerpt: ...y Local Rule 5.17(d). Defendant shall prepare the order. Tentative Ruling on Motion to Continue Trial and Reopen Discovery: Plaintiff Robert Maul moves to continue trial and reopen discovery. Trial is presently scheduled for April 20, 2021. Merits of Motion: Trial dates are considered to be firm. CRC 3.1332(a). The Court has discretion to continue a trial date upon a showing of “good cause.” CRC 3.1332(c) and (d). Good cause includes both a p...

Excerpt: ...tion 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. Plaintiff seeks summary adjudication on her partition and ejectment causes of action. Plaintiff has provided undisputed evidence that she is the co‐owner of the subject property and is entitled to a partition by sale pursuant to CCP § 872.010 et seq. Th...

Excerpt: ... relief action to obtain compliance. Labor Code § 1198.5(l). To obtain an injunction a plaintiff must show two interrelated facts: 1) a reasonable probability it will prevail on the merits; and 2) that the harm to the plaintiff resulting from the denial of the injunction outweighs the harm to the defendant if the injunction is granted. See IT Corp v. County of Imperial (1983) 35 Cal.3d 63, 69‐70. The moving party has the burden of providing su...

Excerpt: ...ds owned, operated or controlled the restaurant. Also, neither of these Defendants employed any of the workers at this restaurant. Plaintiff filed the present suit on September 5, 2019, approximately 18 months after the incident. The Compliant named only Defendants Taco Bell Corp and Yum! Brands. Notwithstanding California Rule of Court 3.110 which requires service of the complaint within 60 days of its filing, Defendants Taco Bell Corp and Yum! ...

Excerpt: ...ovember 18, 2020 pursuant to Evid. Code § 452(d). This request is granted. Merits of the Motion. A petition for leave to intervene may be made by noticed motion or ex parte application and must include a copy of the Proposed Complaint‐In‐Intervention and set forth the grounds upon which intervention rests. CCP § 387(c). Under CCP § 387(d)(2), the Court has discretion to permit a nonparty to intervene in the action where “the person has a...

Excerpt: ...on and set forth the grounds upon which intervention rests. CCP § 387(c). A nonparty must be allowed to intervene if (A) a provision of law confers an unconditional right to intervene or (B) the nonparty “claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that pe...

Excerpt: ...le a Request for Dismissal for “withdrawn” causes of action. The Plaintiff was ordered to file a supplemental meet and confer declaration no later than March 22, 2021. No meet and confer declaration has been filed by Plaintiff and no Request for Dismissal has been filed. As any further continuance would potentially prejudice the Defendants, the Court will issue a ruling on the merits. Violation of Civil Code § 2924g (First Cause of Action): ...

Excerpt: ...er is based on the claim that there is no theory by which a public entity can be liable under Civil Code §§ 51.9 or 52. Plaintiff alleges that Defendant is liable under the theory that they authorized or ratified the actions of Ms. Kimball. Plaintiff relies upon Civil Code § 2339 as statutory authority to hold the School District liable for the tortious conduct of Ms. Kimball. Ratification may occur where a private employer knows or should kno...

Excerpt: ...otice is granted. Merits of Motion: On December 21, 2020, counsel for all parties met, discussed and executed a document with settlement terms. The document was not executed by the parties themselves. Defendants /Cross‐Complainants Daniel Lockwood and Roseanne Lockwood (“Lockwood”) along with Defendant/Cross‐Defendant/Intervenor Development Group, Inc. (“DGI”) and Cross‐Defendant Development Group Holdings, LLC (“DGH”) seek to e...

Excerpt: ... subject vehicle could not be “certified” due to frame damage. Vehicle Code § 11713.18(a)(5). It also alleges that GM fails to properly oversee and train the program which is implemented at least in part by its dealers like Defendant Lithia. Those allegations also center on the frame and frame inspections. A review of the propounded requests for admissions shows that the requests are wholly unrelated to the frame. Plaintiff takes the positio...

Excerpt: ...relieve any party from that waiver. CCP § 631(g). Where a doubt exists as to the propriety of granting the relief, such doubt, by reason of constitutional guarantee of trial by jury, should be resolved in favor of according a litigant a jury trial. See Cowlin v. Pringle (1941) 46 Cal.App.2d 472, 476. Defendant waived their right to a jury by failing to post jury fees within 10 days of March 11, 2019 as ordered by the Court. Defendant seeks relie...

Excerpt: ...otice is granted. Merits of Motion: On December 21, 2020, counsel for all parties met, discussed and executed a document with settlement terms. The document was not executed by the parties themselves. Defendants /Cross‐Complainants Daniel Lockwood and Roseanne Lockwood (“Lockwood”) along with Defendant/Cross‐Defendant/Intervenor Development Group, Inc. (“DGI”) and Cross‐Defendant Development Group Holdings, LLC (“DGH”) seek to e...

Excerpt: ...er is based on the claim that there is no theory by which a public entity can be liable under Civil Code §§ 51.9 or 52. Plaintiff alleges that Defendant is liable under the theory that they authorized or ratified the actions of Ms. Kimball. Plaintiff relies upon Civil Code § 2339 as statutory authority to hold the School District liable for the tortious conduct of Ms. Kimball. Ratification may occur where a private employer knows or should kno...

Excerpt: ...ed a Mechanics Lien on the property June 24, 2020 and filed a complaint for damages on September 18, 2020. A Notice of Pending Action was filed on the same date. Rawson was personally served on September 26, 2020. He admits, when served, he became angry and ripped up the summons. Having failed to timely file a response, Rawson was defaulted October 27, 2020. The Request for Entry of Default was served by mail on Rawson at the same address where h...

Excerpt: ...no case exceeding six months after the judgment was taken. CCP § 473(b). The Summons and Complaint were served on December 22, 2020. The evidence presented by Defendant is that he tried to file his Answer at approximately 8:30 a.m. on January 19, 2021, but was told by a civil clerk that it was in a format unacceptable to the Court. Parenti Decl. ¶ 2. The Defendant then asked the clerk for general advice and was informed that the thirty day peri...

Excerpt: ...re ranch located in Shingletown. The property was the Insured's home since 1979. Besides the main residence, there was a standalone cottage at the property. It was constructed for housing for potential future caretakers. The cottage was never rented out to the public. It does not have a separate mailing address. In 2010, the Insured's grandson, Jacob Stepp, moved into the cottage. There was no written rental agreement and he did not pay monetary ...

Excerpt: ...ntain a FAC. However, upon receipt it was apparent that the FAC was filed in Federal Court, not State Court. At the hearing on February 8, 2021, Plaintiff was directed to file a FAC in this case so that the operative pleading is part of the official record. Plaintiff is again directed to file a FAC in this case so that operative pleading is part of the official record. The proposed Class is defined as, “all current and former non‐exempt, hour...

Excerpt: ...with reasonable diligence be served in another manner specified in this article and that either: (1) a cause of action exists against the party upon whom service is to be made or he or she is a necessary party to the action or (2) the party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding t...

Excerpt: ...ursuant to Evid. Code § 452(d). This request is granted. Merits of the Motion. A petition for leave to intervene may be made by noticed motion or ex parte application and must include a copy of the Proposed Complaint‐In‐Intervention set forth the grounds upon which intervention rests. CCP § 387(c). Under CCP § 387(d)(2), the Court has discretion to permit a nonparty to intervene in the action where “the person has an interest in the matt...