Excerpt: ...r Respo nses to Special Interrogatories, and 3) Motion to Compel Further Responses to Requests for Production. Defendant opposes the Motions. Plaintiff propounded discovery on October 2, 2023, consisting of 19 Requests for Production of Documents, 19 Special Inte rrogatories, and Form Interrogatories – General series 1.0, 2.0, 3.0, and 15.1. After a brief extension, Defendant timely served objections to each of the three sets of discovery on No...

Excerpt: ...d Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by 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 John Kenny states sufficient facts to meet this requirement. Merits: A demurrer should be sustained if the complaint fails to “...

Excerpt: ...oader (Serial No. 1FF2454DAB0240050);  Pierce PM -3348 Delimber (Serial No. 15918). Merits of Motion: CCP § 512.060 provides that in order to obtain a writ of possession plaintiff must: 1) demonstrate the probable validity of the claim, meaning that it is more probable than not that it will u ltimately obtain a judgment for possession of the personal property; and 2) satisfy the undertaking requirements of Section 515.010. Plaintiff has suffi...

Excerpt: ...olicy in fav or of enforcing arbitration agreements. 9 U.S.C. § 1 et seq. The FAA applies to any written arbitration agreement in a contract evidencing a transaction involving interstate commerce. AlliedBruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 25, 277 . A party seeking to enforce an arbitration agreement has the burden of showing FAA preemption. (Woolls v. Superior Court (2005) 127 Cal.App.4th 197, 211.) For example, a petitioner...

Excerpt: ...tter will be continued to permit Petitioner to address these defects. Merits: Currency that is “furnished or intended to be furnished by any person in exchange for a controlled substance” or used or intended to be used to facilitate particular provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Heal...

Excerpt: ...ught the lo an and deed of trust in August 2016, and currently owns the mortgage note and deed of trust. The Cadle Company services the loan for BBR Investments LLC. The Cadle Company moves for summary judgment or in the alternative summary adjudication. The motion is unopposed. Merits: The party moving for summary judgment bears the initial burden to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlanti...

Excerpt: ...ment neglig ent misrepresentation, and 5) add a cause of action for violation of Magnuson Moss Warranty Act. Defendant General Motors LLC opposes the motion. Merits: CCP § 473(a)(1) permits any pleading to be amended in furtherance 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 9...

Excerpt: ... access to cou rt proceedings. Dep't of Fair Emp. & Hous. v. Superior Ct. of Santa Clara Cnty. (2022) 82 Cal. App. 5th 105, 108 (“DFEH”). Because of the inherently sensitive nature of some proceedings, statutes specifically allow for keeping certain parties' identities confidential. (See, for example, Civ. Code, § 1708.85, subd. (f)(1) [plaintiff in action for nonconsensual distribution of sexually explicit materials may proceed un...

Excerpt: ...nts to pr oduce the PMQ within 15 days. The PMQ was deposed on November 29, 2023, pursuant to the parties' agreement. Plaintiff established that the PMQ testified as to categories 1 -2, and 9 -13 only. Plaintiffs thereafter moved for issue and evidence sanctions an d to compel further deposition of a PMQ on the remaining categories, which the Court granted in part on January 4, 2024 (the hearing on the motion held January 2, 2024, and the Court ...

Excerpt: ...rial or as a basis of adjudication and a presumption of openness of substantive court proceedings in ordinary cases, our Supreme Court in NBC Subsidiary (KNBC –TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, (NBC Subsidiary ) set forth the findings that both the t rial and appellate courts must expressly make to seal a record. (Id. at pp. 1200, 1208 –1209, fn. 25.) Courts must find that (1) there is an overriding interest supporting sea...

Excerpt: ...al Notice: The requests for judicial notice are unopposed. The Court grants the requests for judicial notice. Objections to Evidence: Defendant's Objections Nos. 1 -3, 6 and 7 are SUSTAINED. Defendant's Objections Nos. 4, 5 and 8 - 15 are OVERRULED. Defendant 's Objection to Mr. Obagi's 3 declaration filed in support of the reply is SUSTAINED. Entitlement to Attorney's Fees: Plaintiff's operative Second Amended Complaint alleged a single cause o...

Excerpt: ...erica (Saf eco) is Plaintiff's alleged insurer. Safeco demurs to the Second Cause of Action of Plaintiff's First Amended Complaint (FAC), on the grounds that it fails to state facts sufficient to constitute a cause of action against Safeco pursuant to CCP 430.10(e). Meet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the ...

Excerpt: ... Commission now moves to change venue pursuant to Code of Civil Procedure section 394. Plaintiffs oppose the motion. The parties agree that Shasta County is an appropriate initial venue for filing. They disagree as to whether section 394, a removal statute, app lies in this case. Code of Civil Procedure section 394 provides, in pertinent part: [A]ny action or proceeding brought by a county, city and county, city, or local agency within a certain...

Excerpt: ...nly known a s a Pitchess motion. See Pitchess v. Superior Court (1974) 11 Cal.3d 531. Pitchess motions have been codified in Evid. Code § 1043 which requires a written motion in both civil and criminal actions. Evid. Code § 1043(a). The motion shall include: “1) identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the ...

Excerpt: ... discovery law provides for a broad range of sanctions for conduct that amounts to abuses of the discovery process including evidentiary and issue sanctions. Cedars -Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12. The spoilation of evidence can be a n abuse of discovery. Id. Spoilation of evidence is defined as “the destruction or alteration of relevant information or the failure to preserve evidence for another party's use in ...

Excerpt: ...that i t is uncertain and fails to state sufficient facts for a cause of action. Plaintiffs oppose the demurrer. Meet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by 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 Ian Schar...

Excerpt: ... or impro per matter inserted in any pleading;” or 2) “strike out all or any part of any pleading not drawn in conformity with the laws of this state.” CCP § 436(a) & (b). A motion to strike is the proper method to challenge an improper request for punitive damage s. Caliber Bodyworks, Inc. v Superior Court (2005) 134 Cal.App.4th 365, 385. In order to seek punitive damages, a plaintiff must plead that the defendant was guilty of oppression...

Excerpt: ...f America (Safeco) is Plaintiff's insurer. Safeco moves for an order severing Plaintiff's claims against Safeco from Plaintiff's claims against Defendants Simao, Rayfifield, and Reservoir Lane, LLC, pursuant to CCP § 598 and § 1048(b), Evid. Code § 1155, and the Court's inherent powers. These code sections do not directly support a motion to sever related to claims at the outset of litigation. “Although judges and lawyers commonly use the ...

Excerpt: ...is uncertain and fails to state su
¯icient facts for a cause of action. Plainti
¯s oppose the demurrer. Defendant Chapman has Þled a Notice of Hearing directed to all parties and their attorneys of record, however there is no proof of service on Þle. Additionally, no Declaration has been Þled 2 regarding compliance with meet and confer requirements of CCP § 430.41. Proof of service must be Þled no later than Þve court days before the time...

Excerpt: ...vil Procedure Section 1021.5. Respondent opposes the motion. Background: On April 10, 2023, this Court issued a Ruling on Writ of Mandate ordering County to release the records sought. In that Ruling, the Court found the Petitioner was the prevailing 3 party entitled to reasonable attorneys fees and costs according to proof. On April 28, 2023, County Þled a M oti on to Vacate th e R ul i n g or i n th e A ltern ati ve fo r a N ew Tri al , a n d ...

Excerpt: ... the Decedents. Plainti
¯s have Þled competing motions to compel the inspection of the same records pursuant to CCP §§ 2017.010, 2031.010, 2031.310 and 2031.320. Both sides have requested sanctions. The crux of the present dispute is the scope of access to be provided to the Plainti
¯s. The parties appear to agree that the Decedent's medical records are discoverable and can be obtained through an inspection. Plainti
¯s request access to Def...

Excerpt: ...Knollcrest (“Ingersoll Defendants”) have Þled a separate demurrer, on the same grounds. Plainti
¯ Devinne Goodale 2 opposes the motions. Plainti
¯ presented to Defendants' oral surgery center, Riverside Oral Surgery (“Riverside”), on June 29, 2022 for a tooth extraction. Plainti
¯ alleges that she chose Riverside based upon representations on its website, speciÞcally a link to Yelp reviews of the practice, and the compassion and prof...

Excerpt: ...al notice. Objections to Evidence: Defendant's Objections Nos. 1-3, 6 and 7 are SUSTAINED. Defendant's Objections Nos. 4, 5 and 8- 15 are OVERRULED. Defendant's Objection to Mr. Obagi's declaration filed in support of the reply is SUSTAINED. Entitlement to Attorney's Fees: Plaintiff's operative Second Amended Complaint alleged a single cause of action under Labor Code S 1102.5 for retaliation. Plaintiff prevailed on that cause of action at trial ...

Excerpt: ... ex rel. Strathmann v. Acacia Rsch. Corp. (2012) 210 Cal. App. 4th 487, 505—06 (internal citations omitted). The moton is dropped from calendar as moot. Tentative Ruling on Motion to Sever: This suit arises out of fire damage to real property owned by Plaintiff Alexander Family Trust. Plaintiff alleges the fire was caused by sunlight refraction from a glass bulb negligently left outside at an adjoining property owned by Defendant 2584 Reservoir...

Excerpt: ...s of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code S 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code SS 11488.4 and 11488.5. For a judicial forfeiture the District Attorney's Office (or other agency) is required to file a Petiton for Forfeiture. Health and Safety Code S 11488.4(a). The Petition for Forfeiture must be served on the individ...

Excerpt: ...nter judgment pursuant to the terms of a settlement agreement entered into in writing, or orally before the Court. At a mandatory settlement conference on July 19, 2023, Plaintiffs and Defendants Dustin Mitchell and Sierra Severson (hereinafter "Defendants") entered into an oral settlement on the record before the Court. Defendants agreed to pay Plaintiffs the sum of $20,000. The parties agreed the settlement would be made pursuant to CCP S 564.4...

Excerpt: ...d Plaintiffs' Motion to Compel Depositions of four GM employees. The minutes state: "Defendant GM is ordered to produce the employees for deposition no later than 15 days after the entry of the Court's Order on this Motion. Plaintiffs shall prepare a new order consistent with today's ruling." The minutes also indicate the Court stated on the record that Plaintiffs shall prepare and submit the Order consistent with the Court's ruling regarding the...

Excerpt: ...The PMQ was deposed on November 29, 2023 pursuant to the parties agreement. Plaintiff alleges that the PMQ testified as to categories 1-2, and 9-13 only, and refused to testify as to the remaining categories. GM argues that the PMQ provided full and complete testimony on all categories. Plaintiff's Reply 2 includes excerpts from the deposition, which establish the PMQ was offered for testimony on categories 1-2 and 9-13 only (Oaks Deposition 8:15...

Excerpt: ...ovide verifications to the unverified responses served on October 20, 2023, for further responses to the respective discovery and for sanctions. Verifications: California law requires all discovery responses to be executed under oath. See CCP SS 2030.250(a), 2031.250(a) and 2033.240(a). An unverified response is tantamount to no response at all. Melendrez v. Superior Court (2013) 215 Cal.App.4th 1343, 1348. It is undisputed that Defendant's Octob...

Excerpt: ...2022, Counsel stipulated to substituting Claudia Hostetter as Administrator of the Estate of Harold Engel as Plaintiff. Defendants now move to disqualify Attorney Thomas Andrews from representing Claudia Hostetter, Mary Collum, and Jennifer Rech. Only Claudia Hostetter, in her capacity as Special Administrator, is a party to this action. Plaintiff opposes the Motion, arguing the Motion is unsupported by admissible evidence. Merits: "A trial court...

Excerpt: ...ith 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. 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." Here, the demurring party admittedly has not m...

Excerpt: ...rer: 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 also lies whether the party does not have legal capacity to sue or there is a misjoinder of parties. CCP S 430.10(b) & (d). 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) ...

Excerpt: ...facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether 4 the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 430.10(f). 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 materi...

Excerpt: ...ion: Trial dates are firm. CRC 3.1332(a). A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is d...

Excerpt: ...ny affidavit in support thereof. Where the defendant has not yet appeared in this action, all of those documents must be served in the same manner as a complaint and summons. CCP S 512.030(b). Defendant was subserved after multiple attempts to personally serve. CCP S 415.20(b). Service is therefore proper. Merits: CCP 5512.060 provides that in order to obtain a claim and delivery writ of possession plaintiff must: 1) demonstrate the probable vali...

Excerpt: ...of Documents, Set One. After Mosely granted Abdulghani several extensions to respond, Abdulghani served unverified objections on August 25, 2023. Mosely filed the instant Motion on October 9, 2023. On October 19, 2023, Abdulghani served substantive responses, which Mosely has indicated are adequate. (Reply at 2.) Mosely maintains the request for sanctions, because of the time and expense required to bring this motion. Merits of Motion: When a par...

Excerpt: ...ate facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 430.10(f). 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[sl the demurrer as admitting all mate...

Excerpt: ...for an order compelling responses. CCP SS 2030.290(b). On March 22, 2023, Plaintiff propounded Form Interrogatories, Set One on Defendant Bonna Johnson. To date, Defendant has not provided any responses. Plaintiff has established proper service of the discovery, that the time to respond has lapsed and that no responses have been received. The Court will issue an order compelling Defendant to provide responses. As for sanctions, they are mandatory...

Excerpt: ...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. Plaintiffs allege it was recently discovered that the breach of contract code section cited in the First Amended Complaint was erroneous. California Civil Code Section 1719(a)(2) was cited, but the correct citation is...

Excerpt: ...udicial Notice: Pursuant to Evid. Code S 452 the Court GRANTS Defendant's request for judicial notice of the Complaint. Meet and Confer: CCP S 430.41 requires the demurring party to "meet and confer in person or by 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 Peter Fi...

Excerpt: ...int tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co- obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Section 877.6(b) provides, "The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the no...

Excerpt: ...s GRANTED; however, the Court notes that the rulings are not binding on this court and their persuasive value is extremely limited as the rulings pertain to hourly rates of other legal communities. Objections: Defendants' objections are OVERRULED. Authority: The Song-Beverly Act contains a cost-shifting provision that specifically allows prevailing buyers to ræover their costs, including attorney's fees. Civ. C. S 1794(d). The attorney's fee awa...

Excerpt: ...ronics, and destruction of any information already obtained. Plaintiffs further seek an order prohibiting Defendants from using any information obtained in any legal proceeding. Defendants Demur to the FAC pursuant to CCP S 430.10(e). Meet and Confer: CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an ag...

Excerpt: ...7c(c) states a motion 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. "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 comp...

Excerpt: ...fendant Bonna Johnson, Plaintiff's Motion to Compel Responses to Plaintiff's Form Interrogatories by Defendant Bonna Johnson, and Plaintiff's Moton for Order Deeming Facts Admitted, all of which were filed on August 17, 2023. Attached to each motion is a proof of service indicating that Defendant Johnson was served by mail on August 16, 2023. The moving papers were mailed from California to Virginia. unless otherwise ordered or specifically provi...

Excerpt: ...r to the hearing on a noticed motion. CCP S 1005(b). This motion is set for hearing on September 11, 2023. Plaintiff's Opposition was therefore due to be filed and served no later than August 28, 2023. Plaintiffs' Opposition to Defendant's Motions was filed September 1, 2023 (the due date for Defendant's Reply), and had been served on Defendant on August 31.2023. Cal. Rules of Court, Rule 3.1300(d) provides that a trial court has discretion to re...

Excerpt: ...ability on behalf of Defendant. Standard on Demurrer: 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 also lies whether the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 430.10(f). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subj...

Excerpt: ...show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. Summary adjudication is appropriate if there is no merit to particular cause of action, affirmative defense, claim for damages or issue of duty. CCP S 437c(f)(1). "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, eve...

Excerpt: ...equest is GRANTED; however, the Court notes that the rulings are not binding on this court and their persuasive value is extremely limited as the rulings pertain to hourly rates of other legal communities. Objections: Defendants objections are OVERRULED. Authority: The Song-Beverly Act contains a cost-shifting provision that specifically allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. S 1794(d). The attorney's ...

Excerpt: ...eglect was excusable, the "court inquires whether 'a reasonably prudent person under the same or similar circumstances might have made the same error." Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 682. The burden is on the moving party to show that the neglect was excusable: i.e., that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. The moving party has the bu...