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

Excerpt: ...einafter the “1959 Judgment”), the California Department of Transportation (hereinafter, “CA DOT”) established ownership of property in Shasta County referred to in the Judgment as parcels A, B, and C. The 1959 Judgment also set forth conditions and obligations with respect to water rights in Little Boulder Creek and Campbell Creek, among CA DOT and additional parties including Bonville and Funk, and their successors in interest. Obligati...

Excerpt: ...vides sufficient evidence of meet and confer efforts. Request for Judicial Notice. Defendant's request for judicial notice is granted. 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: (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 th...