Excerpt: ...America Structured Securites Acquisition Trust 2019-HBI ("Wilmington"). On November 22, 2022, Plaintiff dismissed the Second and Third causes of action. On January 17, 2023 this court sustained Defendants' Demurrer, as to all remaining causes of action, and with leave to amend on causes of action 8-10. Plaintiff filed his Second Amended Complaint ("SAC") on March 30, 2023. The SAC alleges three causes of action against FAR and Wilmington: 3) viol...

Excerpt: ...Interrogatories, Set One and Special Interrogatories, Set No. One on November 10, 2021. Defendant provided extensions to respond making the discovery responses due on or before January 23, 2023. Plaintiff provided unverified responses on February 22, 203. A party propounding interrogatories may move for further responses if the responses are evasive/-ncomplete or contain unmeritorious objections. CCP S 2030.300(a)(1) & (3). A failure to provide t...

Excerpt: ...her motions or requests." CCP S 128.7(c)(1) states, "A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b)." By combining a CCP S 128.5 motion and a CCP S 128.7 motion, Plaintiff has failed to comply with the requirement that the respective motions be brought separately. The Court finds that the motion is procedurally defective a...

Excerpt: ...ng County to release the records sought. County now requests that the Court set aside and vacate that Ruling pursuant to Code of Civil Procedure S 653. Alternatively, the County requests a new trial alleging insufficiency of evidence to justify the ruling, pursuant to CCP S 557(6), and for alleging errors in law, pursuant to CCP S 557(7). Request for Judicial Notice. County requests judicial notice, pursuant to CRC 3.1113(1) and Evid. Code 452, o...

Excerpt: ...n the complaint was in bad faith or frivolous. Merits of Motion: A defendant may bring a motion to quash on the grounds that the Court lacks jurisdiction cwer him or her. CCP S 418.10. A plaintiff has the burden of "establishing by a preponderance of the evidence that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction." See Greenwell v. Auto-owners Ins. Co. (2015) 233 Cal.App.4th 783, 7...

Excerpt: ...ng 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 triable issue of one or more ma...

Excerpt: ...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 Mark A. Muro, filed in support of the Demurrer, shows sufficient efforts made by Defendants to meet and confer with Plaintiff. Request for Judicial Notce. Defendants' request for judicial notice is granted. Merits. A demurr...

Excerpt: ...s of Mohon: A prevailing party in any action or proceeding is entitled to recover costs of suit, except as otherwise provided by statute. See CCP S 1032(b); Santsas v. Goodin (1998) 17 Cal.4th 599, 606. The award of costs pursuant to secton 1032 is discretionary, and the costs recoverable are restricted to only those costs that are both reasonable in amount and reasonably necessary to the conduct of the litigation. CCP S 1033.5(c)(2)(3). The Cour...

Excerpt: ...otion is unopposed. As a preliminary matter, the Court grants leave to file a brief in excess of the allowable pages. Final Approval of the Settlement. The parties agreed to settle the case for $225mom. The breakdown of the settlement is as follows: Total Settlement Amount $225,0CLOO Attorneys' Fees - Litigation Costs and Ex#nses -$12,934.57 Settlement Administration Costs -$7 ,cm.rw 2 PAGA Payment to LWDA -$11,250.00 Incentive Award -$10,CM.lN N...

Excerpt: ...ction Pending Federal Court Decisions: Defendants Brius Management Co., Brius, LLC, Schlomo Rechnitz, Windsor Redding Care Center, LLC Lee Samson and S&F Management move for a stay of this action. This matter was previously removed to federal court but ordered to be remanded back to the Shasta County Superior court. Defendants a stay until their appeals of the remand order are concluded. Merits of Motion: "[A1 court ordinarily has inherent power,...

Excerpt: ...a County Su#rior Court, naming Shasta County, Shasta County Sheriff's Department, and 25 as Defendants. Defendant Shasta County filed an Answer on February 18, 2020, and removed the action to Federal District Court on February 21, 2020. On November 2, 2022, the Federal District Court granted summary judgment and dismissal of Plaintiff's federal claims, and declined jurisdiction over the remaining state law claims. On January 24, 2023, the case wa...

Excerpt: ...(e). 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 plai...

Excerpt: ...Defendant El Rio Estates' disposal of a mobile home, 19964 Riverside Ave., #19, Anderson, CA 96001 ("mobile home"), after it was rendered uninhabitable by fire in October 2020, and then abandoned by Plaintiff. El Rio Estates sought a Judgment of Abandonment by Default in El Rio Estates LLCv. Hampton & Edmonds (Shasta County Case No. 21CV0433) pursuant to Civ. Code S 798.61. Judgment of Abandonment by Default was entered for El Rio Estates on Dece...

Excerpt: ...(General Insurance) have filed written responses to the OSC. As to SPS, the Court notes that SPS has obtained a dismissal with prejudice from the federal action. SPS is no longer a party to that action, and therefore is not priw,' to its status. The Court agrees that it is reasonable to relieve SPS from the obligaton to ap#ar at future status review hearings regarding status of removal for that reason. However, the Court will decline to remove SP...

Excerpt: ...es are evasive/incomplete or contain unmeritorious objections. CCP S 2030.300(a)(1) & (3). Likewise, a party propounding a request for production may move for further responses if the response is evasive/inadequate or contain unmeritorious objections. CCP S 2031.310(a)(2)-(3). A respondng party has the burden to justify any objection or failure to fully answer an interrogatory. Coy v. Superior Court (1962) 58 Cal.2d 201, 220-21. In this instance,...

Excerpt: ...0,947.23 U.S. Currency v. Randall Keith Laskowsky and Transpart Warehouse, Inc., Case No. 20 MSE 0002, after hearing on June 16, 2020, pursuant to Penal Code SS 1539 and 1540. The June 2020 Order directed the return of monies seized pursuant to Shasta County Search warrant #2020-149, from a Chase Account 2991, and a Tri-Counties Account 4399. Claimant alleges a portion of the monies have been returned ($113,013.26), but a balance of $11,278.69 pl...

Excerpt: ... in the subpoena are grossly overbroad and far more injurious to Plaintiff's privacy interest than any possible probative value Defendant would obtain from it. Plaintiff contends the subpoena only serves the purpose of harassing Plaintiff and invading her privacy. Plaintiff also contends the information sought can be obtained by other means less intrusive. Plaintiff also contends the information sought is irrelevant. As discussed below, the Court...

Excerpt: ... pleading, or any part thereof, including single words or phrases. Stearns Ranchos v. Atchison Topeka & Santa Fe Railway (1981) 19 Cal.App.3d 24. It is proper for the Court to strike any irrelevant, false or improper matter. CCP S 436(a). The Court can also strike any part of a pleading that is not drawn or filed in conformity with California law. CCP S 436(b). The proper procedure for testing the adequacy of punitive damages is a motion to strik...

Excerpt: ...n showing good faith efforts to meet and confer prior to filing the motion. CCP SS and 2031.310(b). The moton was supported by a declaration which provides the 4 alleged good faith meet and confer efforts. Defendant vehemently disputes that Plaintiff met and conferred in good faith. A review of the evidence provided by both parties shows that substantial meet and confer efforts did take place but that ultimately they were unsuccessful. It appears...

Excerpt: ...rance 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. 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. Here, neither party has addr...

Excerpt: ...motion. CRC 3.1345. This did not occur. Without service on Ms. Whipple, the Court is without jurisdiction to enter the order. Since Ms. 5 Whipple is a former employee of Defendant, the Court cannot compel it to produce her for deposition. The motion is DENIED. A proposed order was with the Court which will be modified to conform to the Court's final ruling. Tentative Ruling on Motion to Compel Deposition of Defendant Shlomo Rechnitz: Plaintiffs m...

Excerpt: ...(f). 3 Merits of Motion: A party may object to the complaint by filing a demurrer. CCP S 430.10. 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 can also be brought on the grounds that the pleading is "uncertain." CCP S 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a...

Excerpt: ...ature and was not filed by fax. The Court further notes that an Opposition to this matter was due to be filed no later than March 7, 2023. Filing on March 13, 2023 would have been untimely. The Court has the discretion to not consider late filed papers. CRC 3.1300(d); Rancho Mirage Country Club Homeowners Assn. v. Haselbaker (2016) 2 Cal. App. 5th 252. However, due to the attempt to file an Opposition, the Court will entertain an oral opposition ...

Excerpt: ... compelling further responses if: 1) the response to a request for production is incomplete; 2) a representation of inability to comply is inadequate, incomplete, or evasive; or 3) an objection to the request is without merit or too general. CCP S 2031.310(a). A motion to compel further responses for production must show "good cause" for the request. CCP S 2031.310(b)(1). "Good cause" can be established by showing the request was made in good fai...

Excerpt: ... CCP S 564.5 prov-des 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 also retains jurisdiction cwer the parties to enforce the settlement until performance in full of the terms of the settlement. ld. In this action, the parties entered into a Conditional Stipulated Settlement. Defendant executed the...

Excerpt: ...ime, no response to the OSC has been filed, however, Plaintiff has sent several letters to the Court. Although the 2 correspondence was not 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. The Court starts this analysis with the principle of providing in propria pe...

Excerpt: ...Superior Court, naming Shasta County, Shasta County Sheriff's Department, and Doesl- 25 as Defendants. The matter arises out of an incident in April of 2019, wherein Plaintiff and her husband were arrested and placed into custody at the Shasta County Jail for an alleged verbal dispute. Plaintiff alleges she was subjected to excessive force when a deputy shoved her into a concrete wall, threw her on the ground, and got on top of her. (Complaint p....

Excerpt: ...on over him or her. CCP S 418.10. A plaintiff has the burden of "establishing by a preponderance of the evidence that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction." See Greenwell v. Auto-owners Ins. Co. (2015) 233 Cal.App.4th 783, 789. In order for California to exercise personal jurisdiction over a foreign defendant, a plaintiff must establish that the court has either general or...

Excerpt: ...rce the terms of the settlement agreement, if continued jurisdiction is agreed to by the parties. The agreement of the parties alone is insufficient; a request must be made to the Court. See Mesa RHF Partners, LP. v. City of Los Angeles (2019) 33 Cal. App.5th 913, 918. If the case is voluntarily dismissed without the request, the Court does not retain jurisdiction under CCP S 664.6. ld. Here, no such request was made to this Court and the achon w...

Excerpt: ...ant move pursuant to CCP § 473(b) to set aside his default taken on September 13, 2022. CCP § 473(b) provides in pertinent part: “The 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. Application for this relief shall be accompanied by a copy of the...

Excerpt: ...ithin the time allowed by the Court after Defendant's Demurrer was sustained with leave to amend. Merits. CCP § 581(f)(2) provides that “the court may dismiss the complaint as to that defendant when: (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.” Section 597 relates to the tria...

Excerpt: ...rther responses if the responses are evasive/incomplete. CCP § 2030.300(a)(1). Plaintiff moves for a further response to Special Interrogatory No. 14. That interrogatory sought the names and addresses of Defendant's employees. Defendant's response was that the information would be provided in a separate document. Despite this response, no separate document was ever provided. Based on the foregoing, the Court finds that Defendant's response to Sp...

Excerpt: ...eement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” CCP § 1021. Allowable costs include “Attorney's fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law.” CCP § 1033.5(a)(10). (a) In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, s...

Excerpt: ...ive from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. This relief is typically discretionary relief; however, the relief is mandatory when the motion is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect under Section 473(b). Plaintiff's counsel has submitted evidence that dismissal ...

Excerpt: ... §§ 2030.290(b) and 2031.300(b). Plaintiffs propounded the supplemental discovery on August 30, 2022 and no responses have ever been received. Plaintiffs are entitled to an order compelling responses to the form interrogatories and the request for production. The imposition of sanctions is mandatory unless the party subject to sanctions acted with substantial justification or the imposition of sanctions would be unjust. CCP § 2030.290(c) and 2...

Excerpt: ...oday. The Court notes that both the Opposition and Reply were untimely. In the reply, Plaintiff did not move for a continuance. The Court finds that Plaintiff's Reply is substantive. The Court reviewed both the late filed Opposition and late filed Reply as if they had been timely filed. This matter was tried before a jury and the jury returned a verdict for Defendants on their claim alleging Negligence, awarding Defendants $15,416.65 in damages. ...

Excerpt: ...ends to hear both matters today. The Court notes that both the Opposition and Reply were untimely. In the reply, Plaintiff did not move for a continuance. The Court finds that Plaintiff's Reply is substantive. The Court reviewed both the late filed Opposition and late filed Reply as if they had been timely filed. This matter was tried before a jury and the jury returned a verdict in favor of Defendants/Cross Complainants on their Cross-Complaint ...

Excerpt: ...ent pursuant to the terms of a settlement agreement entered into in writing, or orally before the Court. If requested by the parties, the Court also retains jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Id. In this action, the parties entered into a Conditional Stipulated Settlement. Defendant executed the agreement on August 25, 2016 while Plaintiff executed the agreement on Sep...

Excerpt: ...d 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 Dennis McPherson, filed in support of the Demurrer, shows sufficient efforts made by Defendant to meet and confer with Plaintiff. Defendant's Request for Judicial Notice. Defendant's request for judicial notice is granted. Defendant's Objections to Plain...

Excerpt: ... be sustained if the complaint fails to “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). 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...

Excerpt: ...ant first appeared on 4/15/21 (21 months ago). The interrogatories which are the subject of this motion were served on 12/2/22. The discovery cut‐off is the same day as the hearing of this motion, 1/30/23 (now extended by stipulation to 2/6/23). Despite what the Court considers extensive meet and confer efforts, responses to form interrogatories 16.3 through 16.6 remain incomplete. The Court finds the response to interrogatory 16.1 is adequate....

Excerpt: ...mplaint. Merits of Motion: Plaintiff 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 the...

Excerpt: ...9, 2023. The motion is unopposed. Final Approval of the Settlement. The parties agreed to settle the case for $180,000.00. The number of workweeks were higher than the estimated 1,350 workweeks, which resulted in an increase to the total settlement. Based on the calculation provide by Kevin Lee from Phoenix Settlement Administrators, the gross settlement would be $214,632.00. However, Class Counsel has listed the gross settlement amount as $215,0...

Excerpt: ...nt request judicial notice of prior pleadings in this action and prior pleadings filed in Cossuto v. Estate of Michael Garrett et. al. (Shasta County Case No. 196776). No objections have been raised to the request. The request for judicial notice is GRANTED. Merits of Motion: A party may object to the complaint by filing a demurrer. CCP § 430.10. A demurrer lies if the court has no jurisdiction over the subject cause of action. CCP § 430.10(a)....

Excerpt: ...challenge jurisdiction in California courts by filing a motion to quash for lack of jurisdiction. CCP § 418.10(a)(1). California courts “may exercise jurisdiction on any basis not inconsistent with the Constitution of the state or of the United States.” CCP § 410.10. When a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdictio...

Excerpt: ...nadvertence, surprise, or excusable neglect. This relief is typically referred to as discretionary relief under Section 473(b). 3 This relief can be based on counsel's conduct but it still requires that any neglect be excusable before relief can be granted. Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 65. To determine whether a mistake was excusable, the court will inquire whether the same error might have been made by a reasonab...

Excerpt: ...s been submitted solely to aid the Court in evaluating the Minor's Compromise Petition. Merits: 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 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.” CRC 2.5...

Excerpt: ...g that the lodged records be filed under seal. “Except as provided in Section 214 of the Family Code or any other provision of law, the sittings of every court shall be public.” CCP § 124. Unless confidentiality is required by law, court records are presumed to be open to the public. CRC 2.550(c). CRC 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 t...

Excerpt: ...2: OVERRULED Objection No. 3: OVERRULED Objection No. 4: OVERRULED Objection No. 5: OVERRULED Objection No. 6: OVERRULED Objection No. 7: OVERRULED 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 Objection No. 15: OVERRULED Objection No. 16: OVERRULED Objection No. 17: OVERRULED Motion for Summary Judgm...

Excerpt: ...has not yet appeared, personal service is required. CCP § 512.030(b). A proof of service by mail for Defendant Dennis Conrad has been filed. Dennis Conrad has not yet appeared and therefore personal service was required. No proof of service has been filed for Defendant Jane Doe Conrad. The Court finds that neither Defendant has been properly served with the Writ. The writ is denied due to lack of proper service. Additionally, the application is ...