Excerpt: ...ext day. (UMF 6, 8.) At the time of the loss, the total limits of coverage under the Policy were $685,372.50. (UMF 7.) Pursuant to Plaintiff's claim and subsequent mediation, Defendant has now paid all amounts possibly due under the Policy. (UMF 44‐46.) Plaintiff contends that Mid‐Century incorrectly estimated the dwelling limit, and as a result Plaintiff was substantially underinsured. (Plaintiff's Additional Material Facts “AMF” 41.) 6 ...

Excerpt: ...f California (1992) 3 Cal. 4th 273, 277‐281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a class action suit, even if the representative plaintiff and defendant have agreed on the terms of such settlement or dismissal. In a class action, the trial court has a duty to adequately protect the members of the class. Bingham v. Obledo (1983) 147 Cal. App. 3d 401,...

Excerpt: ...eizure and forfeiture. Health and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code §§ 11488.4 and 11488.5. For a judicial forfeiture the District Attorney's Office (or other agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The Petition for Forfeiture must be served on the individuals from whom the property was seized. 4 H...

Excerpt: ...ff 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 there is an open book or account stat...

Excerpt: ...o “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 or law.” Hood v. Hacienda La Puente...

Excerpt: ...P § 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). Here, Defendant moves to strike Plaintiff's claim for attorney's fees. California generally follows the American Rule related to attorney's fees, which provides that each party ordinarily pays his or her own attorney's fees. Varney Entertainment Group, Inc. v. Avon Plastics, Inc. (2021) 61 Cal.App.5th 222, 229...

Excerpt: ...n an action, one or more affirmative defenses, one or more claims for damages, or one or more issues 4 of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or...

Excerpt: ...e 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 or law.” Hood v. Hacienda La Puente Unified ...

Excerpt: ...t pursuant to CCP §§ 598 and 1048(b). Merits of Motion: Pursuant to CCP § 1048(b) the Court may order a separate trial on any cause of action or issue in furtherance of convenience or to avoid prejudice or when separate trial will be conducive to expedition and economy. CCP § 598 also provides for bifurcation for the convenience of witnesses, the ends of justice or for the economy of efficient handling of the litigation. The objective of bifu...

Excerpt: ..., Inc. et al was filed on January 9, 2020. The Wade matter was filed under the Private Attorney Generals Act of 2004 (“PAGA”). The proposed settlement is $1,000,000. The breakdown of payments, costs, and fees from the proposed settlements are as follows: Total Settlement Amount $1,000,000 Proposed Attorneys' Fees (35%) ‐$350,000 Litigation Costs and Expenses ‐$25,004.46 Settlement Administration Costs ‐$18,000 PAGA Claim Settlement Allo...

Excerpt: ... Plaintiff also seeks $24,145.80 in costs and expenses against Lithia and GM jointly and severally. This matter settled and the Plaintiff was deemed to be the prevailing party entitled to attorney's fees upon motion. The issues are whether the attorney's fees are reasonable, and whether they should be apportioned between Defendants Lithia and General Motors. The Song‐Beverly Act contains a cost‐shifting provision that specifically allows prev...

Excerpt: ... 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 plaintiff's allegations must be accepted as true for the pur...

Excerpt: .... Plaintiff is a BoardCertified Clinical Specialist in Orthopedic Physical Therapy. Plaintiff applied for the positon of Director of Physical Therapy at Defendant's Baas Clinic in or around April 2019. He applied through a recruiting agency, Delta Physician Placement. Delta typically charges $18,000 for a placement in addition to other costs (including loss of production, travel, lodging and relocation expenses). The total cost for placement to D...

Excerpt: ... a motion requesting the court deny the application. On June 5, 2022, Defendant River Knolls filed an Application for Determination of Good Faith Settlement. It sought approval of a $100,000 settlement payable by River Knolls to Plaintiff. Defendant City of Redding filed the present motion requesting the Court deny the Application on July 27, 2022. A good faith determination bars any other joint tortfeasors or co‐obligors from any further claim...

Excerpt: ...c, Inc. pursuant to a Solar Loan Agreement. Plaintiff electronically signed the Solar Loan Agreement which contained an arbitration clause. Per the arbitration terms, Plaintiff is required to arbitrate all “Claims” defined as any claim, dispute or controversy which arises out of or relates to the Loan Agreement. The Arbitration Agreement also provides that it is binding on successors in interest. The Arbitration Agreement expressly provides i...

Excerpt: ...y. This is not an appropriate objection to specific evidence. It is simply argument. Thus, the objection is overruled. Request for Judicial Notice: Pursuant to Evid. Code § 452(d) the Court will grant Defendants' request for judicial notice of the Court's records in this matter. Merits: CCP § 2030.290 provides that a party propounding interrogatories may move for an order compelling responses if a party to whom interrogatories are directed fail...

Excerpt: ...perty, and 2) certified copy of record of survey for Plaintiffs' property. Defendants request judicial notice of the First Amended Complaint and the Answer to the First Amended Complaint. The Court grants the requests for judicial notice pursuant to Evid. Code §§ 452(c), (d) and 453, and notes that although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation a...

Excerpt: ... 12 CFR 202.12 pursuant to Evidence Code §452 is granted. 3 Plaintiff's motion is supported by a separate statement setting forth plainly and concisely all material facts that Plaintiff contends are undisputed, with references to attached supporting evidence as required by CCP § 437c(b). A motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving part...

Excerpt: ...ified” employees. Certificated employees are required by their positions to hold certifications issued by the Commission on Teacher Credentialing. Generally, certificated employees acquire certain tenure rights that classified employees do not acquire. Petitioner contends she acquired permanent status with the SCOE as a certificated employee in 2015, yet the Respondent terminated her position without affording her the rights and benefits of her...

Excerpt: ...led time of 9:00 a.m. Petitioner and its Counsel were present. Respondents and their counsel did not appear. The Court noted that there was no written opposition to the Petition and took the matter under submission on the extensive pleadings and evidence previously filed by Petitioner. The hearing concluded at 9:07 a.m. The Judge hearing the matter left the bench and the Petitioner and Petitioner's counsel left the courtroom. Sometime thereafter,...

Excerpt: ...ught to strike terms that are “irrelevant, false or improper.” CCP § 436(a). It can also be brought on the grounds that the pleading was not “drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” CCP § 436(b). Defendants seek to strike the entire VA 2 alleging that it is “irrelevant, false or improper” or that it was not drawn in conformity with California law. The crux of Defendants argu...

Excerpt: ...7‐281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a class action suit, even if the representative plaintiff and defendant have agreed on the terms of such settlement or dismissal. In a class action, the trial court has a duty to adequately protect the members of the class. Bingham v. Obledo (1983) 147 Cal. App. 3d 401, 406. To grant final approval of a cla...

Excerpt: ...rous documents including transcripts from People v. Joshua James Siipola (Shasta County Case No. 21‐02358). No objections have been raised. The requests are granted. Merits of Motion: A general demurrer should be sustained if the complaint fails to “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). Demurrers are used to challenge defects that appear on the face of the complaint or from matters that may be subj...

Excerpt: ... of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably in dispute.” UnruhHaxton v. Regents of University of California (2008) 162 Cal. App. 4th 343, 364 (internal citations omitted). As this Court noted in its May 23, 2022 ruling denying Plaintiff's Demurrer and Motion to Strike, the Second Amended Complaint s...

Excerpt: ... A” are ordered to sign that “Agreement to Share Maintenance Expenses” and to have that signed document recorded on all properties identified in that document. Should any party not comply with the above any party can petition the court to enforce the order. The undersigned recommends to the Court that attorney's fees be awarded to any party that is required to petition the Court to enforce this order. Second Arbitration Decision dated Febru...