Excerpt: ... of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably in dispute.” UnruhHaxton v. Regents of University of California (2008) 162 Cal. App. 4th 343, 364 (internal citations omitted). As this Court noted in its May 23, 2022 ruling denying Plaintiff's Demurrer and Motion to Strike, the Second Amended Complaint s...

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

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

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

Excerpt: ...0 Cal. App. 4th 1255, 1261. CCP § 425.16 provides a procedural remedy to dispose of SLAPP suits. Rusheen v. Cohen (2006) 37 Cal. 4th 1048, 1055‐56. A litigant may seek to strike a cause of action arising from any act in furtherance of the right to petition. CCP § 425.16(e)(2). CCP § 425.16 (b)(1), provides that “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free s...

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

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

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

Excerpt: ...costs, including attorney's fees. Civil Code § 1794(d). The attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing and prosecuting the action, based on actual time expended. The prevailing buyer has the burden of proving the fees were both reasonably necessary to conduct the litigation and reasonable in amount. Civil Code § 1794(d); Robertson v. Fleetwood Travel Trailers of Californ...

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

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

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

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

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

Excerpt: ...k; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 C3d 311, 318. “Face of the complaint” includes matters shown in exhibits attached to the complaint and incorporated by reference; or in a superseded complaint in the same action. Frantz v. Blackwell (1987) 189 CA3d 91, 94; Barnett v. Fireman's Fund Ins. Co. (2001) 90 CA4th 500, 505—“we rely on and accept as true the contents of the exhibits a...

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

Excerpt: ...'s fees in the amount of $11,094.75 and costs of $1,690.90 pursuant to Civil Code § 798.85. Merits of Motion: The Mobilehome Residency Law provides procedures and remedies related to mobilehome parks. See Civil Code § 798 et seq. Section 798.88 of the Mobilehome Residency Law permits a mobilehome park to seek an injunction to stop violations of a reasonable rule of regulation. The Court shall issue the injunction if it finds the existence of a ...

Excerpt: ...s fees in the amount of $11,182.50 and costs of $1,868.90 pursuant to Civil Code § 798.85. Merits of Motion: The Mobilehome Residency Law provides procedures and remedies related to mobilehome parks. See Civil Code § 798 et seq. Section 798.88 of the Mobilehome Residency Law permits a mobilehome park to seek an injunction to stop violations of a reasonable rule or regulation. The Court shall issue the injunction if it finds the existence of a c...

Excerpt: ... he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. (b) A notice of m...

Excerpt: ...ormed work in California at any time during the period of October 6, 2017 through October 1, 2021. The PAGA period is September 23, 2020, through the date of settlement approval or judgment. The proposed class members are approximately 25 former and current employees of Defendant. The proposed settlement is: Total Settlement Amount $180,000.00 Proposed Attorneys' Fees (up to 35%) ‐$63,000.00 Litigation Costs and Expenses (up to) ‐$12,000.00 S...

Excerpt: ...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 § 11488.5(c)....

Excerpt: ...re fiduciaries and owe a duty of support in the family law context, but these duties do not create a power to contractually bind each other in the agency context. Flores v. Evergreen at San Diego, LLC (2007) 148 Cal.App.4th 581, 589. Decedent executed a Springing Durable Power of Attorney designating Barbara Towne, to become effective “only on the incapacity of the undersigned principal …when the Attorney‐In‐ Fact receives a written and 3...

Excerpt: ...(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 Cal. App. 4th 785. The lodestar...

Excerpt: ...can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a defendant cannot reasonably respond. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616. 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...

Excerpt: ...nt. 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 there is...

Excerpt: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...o constitute a valid cause of action.” CCP § 430.10(e). A demurrer can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a defendant cannot reasonably respond. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616. A demurrer can be used to challenge defects that appear on the face of the c...

Excerpt: ...0(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...

Excerpt: ... The settlement amount is $112,500. PAGA Settlements: The Private Attorneys General Act of 2004 (“PAGA”) is codified in Lab. Code §§ 2698, et seq. In bringing a PAGA action, an aggrieved employee acts as 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 Industrie...

Excerpt: ...of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. “[T]he acts which brought about the default must have been the acts of a reasonably prudent person under the same circumstances.” Id. The moving party has the burden of proof to establish one of these conditions by a preponderance of the evidence. Luz v. Lopes (1960) 55 Cal.2d 54, 62. The moving party must submit affidavits or testimony demonstrating a reasonable cause...

Excerpt: ...tion Provision)” (hereinafter “Sale Contract”). The Sale Contract included an Arbitration Provision which provides, in pertinent part, as follows: “Any claim or dispute, whether in contract, tort, statute, or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to yo...

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 arg...

Excerpt: ... action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the [C]ourt determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” A special motion to strike is thus a procedural re...

Excerpt: ...mary 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 3 that there is a complete defense to the cause...

Excerpt: ...c. et al was filed on January 9, 2020. The Wade matter was filed under the Private Attorney Generals Act of 2004 (“PAGA”). The proposed settlement is $1,000,000. The breakdown of payments, costs, and fees from the proposed settlements are as follows: Total Settlement Amount $1,000,000 Proposed Attorneys' Fees (35%) ‐$350,000 Litigation Costs and Expenses ‐$35,000 Estimated Settlement Administration Costs ‐$18,000 PAGA Claim Settlement A...

Excerpt: ... a preliminary injunction is set forth in CCP § 525 et seq. To obtain a preliminary injunction, plaintiffs must establish that defendant should be restrained from the challenged activity pending trial. See CCP § 526(a); see also Trader Joe's Co. v. Progressive Campaigns (1999) 73 Cal.App.4th 425, 429. The moving party has the burden of providing sufficient admissible evidence to establish all elements necessary to support issuance of the prelim...

Excerpt: ... the grounds that the pleading is “uncertain.” CCP § 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a defendant cannot reasonably respond. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616. 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 C...

Excerpt: ...efforts. Merits. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: 2 (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 § 436 A motion to strike can be used to attack the entire pleading, o...

Excerpt: ... seven causes of action. The anti‐SLAPP was originally scheduled to be heard on August 30, 2021, however the hearing was continued at the request of Plaintiff and the anti‐SLAPP was eventually heard on October 4, 2021. The Court took the matter under submission and granted the anti‐SLAPP on November 22, 2021 in all aspects except one cause of action as to Defendant Mark Lucas. In the ruling on the anti‐SLAPP, the Court determined that Def...

Excerpt: ...ttlement check has not been cashed due to a need for a signature from the Guardian Ad Litem. No response to the OSC was received, nor was a response received for the prior OSC issued in the amount of $250.00 on October 19, 2021. Although an attorney hired by the Guardian Ad Litem has the primary responsibility for pursuing the minor's claim, hiring the attorney does not relieve the guardian of all responsibility for pursuing the claim. Brandon G....

Excerpt: ...e can be used to attack the entire 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 § 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). Damages for emotional distress and general damages...

Excerpt: ...evance should generally be resolved in favor of permitting discovery. Colonial Life & Acc. Ins. Co. v. Sup. Ct. (1982) 31 Cal.3d 785, 790. Boilerplate objections are not proper objections and cannot be used indiscriminately to evade discovery obligations. Korea Data Sys. Co. v. Sup. Ct. (1997) 51 Cal.Ap.4th 1513, 1516. 2 This is an action brought under the Song‐Beverly Act. Civil Code § 1790 et seq. To succeed on a claim, a plaintiff bears the...

Excerpt: ...Civil Procedure] section 877.6 require that a number of factors be taken into account” when evaluating whether a settlement between a plaintiff and joint tortfeasor is in good faith, including (1) a rough approximation of plaintiffs' total recovery and the settlor's 3 proportionate liability; (2) the settlement amount, (3) allocation of the settlement proceeds among multiple plaintiffs, if applicable; (4) recognition that a settlor should pay l...

Excerpt: ...e § 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 § 11488.5(c). This serv...

Excerpt: ...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. The parties signed a Stipulation for Settlement that was filed with the Court on March 10, 2021. After the matter was dismissed, the parties signed an Amended Stipulation for Settlement that was not filed with the Court, but attached as Exhibit 1 to the Declaration of Coun...

Excerpt: ...claration of Tristan P. Espinosa provides sufficient evidence of Plaintiff's meet and confer efforts. Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Answer filed by Defendants, Plaintiff's Motion to Deem Admissions, and the Court's ruling and Order granting Plaintiff's Motion to Deem Admissions. Plaintiff provided a copy of each. Pursuant to Evid. Code §§ 452(d) and 453, the Court grants the request. Merit...

Excerpt: ...n the same date, the Court issued an Order Granting Stipulation for Binding Arbitration and Stay of Action. The Stipulation includes an agreement to submit the entire Action to the arbitrator (¶ 1) and that the parties would split the costs of arbitration equally (¶ 5). The parties went to arbitration on August 31 and September 1, 2021. On October 25, 2021, the 4 arbitrator rendered an Arbitration Decision. The Arbitration Decision resolved all...

Excerpt: ...attorney's fees pursuant to CCP § 425.16(c) if they prevail on the motion. Merits of Motion: Code of Civil Procedure section 425.16, subdivision (b)(1), provides that “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the ...

Excerpt: ...ower of the court to apply the ultimate sanction of default against a litigant who persists in an outright refusal to comply with his discovery obligations.” Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 787. On December 15, 2021, the Court issued an order granting Defendant's motion to compel further responses. To date, the further responses have not been provided. Court awarded sanctions have also not been paid. The Court order did not provide ...