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