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: ...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: ...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: ...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 Plaintiff contends the Agreement is superseded by Plaintiff's rejection of a subsequent arbitration agreement that was presented to her some time in 2018.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: ..., 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: ...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: ...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: ...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: ...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: ...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,...