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...

Excerpt: ...tion was untimely. The Court will exercise its' discretion and consider the late opposition. Merits of Motion: CCP S 428.50(b) provides the court with authority to grant leave to file a crosscomplaint in the interests of justice. The proposed cross-complaint for indemnity relates to the same parties and relates to the same issue arising from the slip and fall incident. The Court finds that allowing the filing of the cross-complaint would be in th...

Excerpt: ...o "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies when 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 ma...

Excerpt: ...f $4,222.50. Merits of Motion: A Notce of Pendency of Action also known as a lis pendens can be recorded against real property that is subject to litigation. The lis pendens can be expunged (removed) during the pendency of the action if the pleading on which the notice is based does not contain a real property claim. CRC S 405.31. A real property claim in the context of lis pendens is defined as "the cause or causes of action in a pleading which ...

Excerpt: ... arbitration of Plaintiff's individual labor code and PAGA claims, to dismiss her class claims, and to stay her representative PAGA claim. The parties agree that Plaintiff signed a Mutual Agreement to Arbitrate on March 14, 2014 ("the Agreement"). Plaintiff contends the Agreement is superseded by Plaintiff's rejection of a subsequent arbitration agreement that was presented to her some time in 2018. Plaintiff also argues the Agreement is unconsci...

Excerpt: ...rsuing wrongful death or survivor actions against the various defendants. On May 1, 2023, the Court denied a motion to compel arbitration that would have required the Plaintiffs associated with 4 of the 15 elderly decedents to proceed solely in arbitration. Defendants appealed that order which resulted in a stay of this proceeding as to the claims associated with the 4 out of the 15 elderly decedents. Based on the overlapping issues between the t...

Excerpt: ...ty due to his or her mistake, surprise, inadvertence or excusable neglect. The application for relief must be brought within a reasonable time not to exceed six months after the challenged order. CCP S 473(b). CCP S 473(b) is to be liberally construed to further the policy of adjudicating legal controversies on the merits. Younessi v. Woolf (2016) 244 Cal.App.4th 1137, 1146. As for the discretionary relief sought by Defendants, it is incomplete. ...

Excerpt: ...hich 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 material facts properly pleaded, but not contentions, deductions or conclusions of fact or law." Hood v. Hacienda La Puente Unified School...

Excerpt: ...o the discovery requests conditional upon the execution of a protective order. Thus the Court addresses herein only those matters on which the parties could not agree. Tentatve Ruling on Moton to Compel Further Responses to Special Interrogatories and Requests for Documents: Plaintiffs mcwe for an order compelling further responses to Special Interrogatories, Set One Nos. 2, 3, 20-23, 30 and 34. Merits of Motion: A party propounding interrogatori...

Excerpt: ...016.040; which went unanswered until after the instant Motion was served. The Court notes Plaintiff has failed to file a Separate Statement as required by CRC Rule 3.1345. The Court will nonetheless reach the merits of this motion. However, Plaintiff is directed to comply with the California Rules of Court in the future. Merits. This is an action brought under the Song-Beverly Act. Civil Code S 1790 et seq. To succeed on a claim, a plaintiff the ...

Excerpt: ..., setting a briefing schedule and today's hearing date. Plaintiff seeks a preliminary injunction preventing Defendant from dissipating funds and assets. Plaintiff argues that injunctive relief is needed to maintain the status quo while this matter proceeds to trial. Defendant opposes the preliminary injunction, arguing that it would impede his ability to make a living, and would violate his due process rights. Merits of Mohon. Although an OSC dir...

Excerpt: ...S 2033.300(a). The Court may permit the withdrawal upon a showing that the admission was the result of a mistake, inadvertence or excusable neglect and that the party who obtained the admission will not be substantially prejudiced by the withdrawal. CCP S 2033.300(b). In the present situation, Plaintiff, in response to a Request for Admission propounded by Defendant Sunset Oaks Townhomes Homeowners Association (hereinafter "Sunset"), admitted tha...

Excerpt: ...e 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. "[T]he acts which brought about the default must have been the acts of a reasonably prudent person under the same circumstances." ld. The moving party has the burden of proof to establish one of these conditions by a preponderance of the evidence. ...

Excerpt: ...t Plaintiff Jennifer Bryant. Defendants have filed the exact same three motions separately against Plaintiff A. Adam Crolius. Factual Background: Defendants propounded: Special Interrogatories, Set Two and Request for Production, Set Three on Plaintiffs on February 10, 2023. Response were originally due on March 14, 2023 but extensions were provided until April 3, 2023. Responses were not provided prior to the April 3, 2023 deadline. Responses to...

Excerpt: ...endant Karen Freitas. Defendant filed her Answer on December 20, 2022. On February 17, 2023, Plaintiff filed a motion to deem matters admitted. Defendant did not oppose the motion to deem matters admitted, and the Court granted the moton on April 3, 2023. Meet and Confer: "The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating" the attempts made to meet and confer. CCP S The Declaration of Brian ...

Excerpt: ...10(e) & (f). Plaintiffs-in- Intervention have submitted an objection to Defendants' reply. The objection is based on apparent new arguments or issues raised in the reply that were not raised in the moving papers. Out of an abundance of caution and to prevent prejudice to Plaintiffs-in-Intervention's due process rights, the Court continues this matter to Monday, June 26, 2023, at 8:30 a.m. in Department 3. Plaintiffs-in-Interventon may submit a br...

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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...ntical terms. Merits of Motion: The law favors the settlement of lawsuits, particularly in complex litigation, where they save time and resources. Neary v. Regents of the University of California (1992) 3 Cal. 4th 273, 277‐281 (superseded by statute on other grounds). A trial court must approve a class 2 action settlement agreement and may do so only after determining it is fair, adequate, and reasonable. It is vested with broad discretion in m...

Excerpt: ...eadowview Drive, #500 in Redding, CA. Provision 26 of the Lease provides that in any action…the prevailing party will be entitled to reasonable attorney fees, expert witness fees, and costs. Following a two day trial on February 23‐24, 2022, this Court ruled the lease was legally terminated, effective June 1, 2020 following proper service of a 24 month notice of termination on Defendant per the terms of the Lease. The Court further declared P...