Excerpt: ...le trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof. Id. at 845. The Court's sole function on a motion for summary judgment is issue‐finding, not issuedetermination. The judge must simply determine from the evidence submitted whether there is a “triable issue as to any material fact.” CCP § 437c(c). If the moving party does not meet the burden the motion...

Excerpt: ...ause of action alleged against her (negligent misrepresentation) on the undisputed fact that she owned no duty to Plaintiffs and there was no misrepresentation that caused them harm. Objections: Objection 1: Sustained, lacks foundation and personal knowledge. Objections 2‐10: Sustained, hearsay, lacks foundation and personal knowledge. Objection 11: Overruled. Objection 12: Overruled. Objection 13: Overruled. Objection 14: Overruled. Objection ...

Excerpt: ... declaration. Defendant's motion sets forth some meet and confer efforts, although the parties clearly were not working together in the spirit of resolving the issues. Nor is there a declaration regarding Defense counsel's efforts to contact Plaintiff to address the nonappearance as required under CCP §2025.450(b)(2). In Clement v. Alegre (2009) 177 Cal. App. 4th 1277, the California Court of Appeal for the First District, when faced with a simi...

Excerpt: ...o remediate the dangerous condition of the property for over three years. The first citations issued in March of 2017. Since that date, the condition of the property has grown progressively more dangerous. Dozens of calls for service have been associated with the property, including at least one fire. Despite the passage of a reasonable time, Defendant is unwilling or unable to bring the property into compliance with all the applicable code secti...

Excerpt: ... of judicial notice. “Although the existence 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.” Unruh‐Haxton v. Regents of University of California (2008) 162 Cal. App. 4th 343, 364 (internal citations omitted). See also California Evidence Code section 450. While the Court will grant the r...

Excerpt: ... that 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 party is entitled to a judgment as a matter of law.” On September 3 14, 2020, after the filing of the Motion for Summary Judgment (filed on July 15, 2020), Plaintiff dismissed a number of the causes of action involving defendant Daniel Lockwood. The remaining causes of action against...

Excerpt: ... of judicial notice. “Although the existence 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.” Unruh‐Haxton v. Regents of University of California (2008) 162 Cal. App. 4th 343, 364 (internal citations omitted). See also California Evidence Code section 450. While the Court will grant the r...

Excerpt: ... that 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 party is entitled to a judgment as a matter of law.” On September 3 14, 2020, after the filing of the Motion for Summary Judgment (filed on July 15, 2020), Plaintiff dismissed a number of the causes of action involving defendant Daniel Lockwood. The remaining causes of action against...

Excerpt: ...use may include “[a] party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” CRC Rule 3.1332(c)(6). In determining whether to grant or deny a motion to continue, the Court considers a number of factors, as outlined in CRC 3.1332(d). Here, trial is not set until January, some four months from the motion date. No party has previously requested a continuance. The correspondence fi...

Excerpt: ...ions 452, 452, and 453. That request is GRANTED. Merits of the Motion. As a preliminary matter, the motion was timely filed and served. Under CCP § 438(c)(1)(B)(2), a party may bring a motion for judgment on the pleadings on grounds that the complaint fails to state facts sufficient to constitute a cause of action against the moving defendants. The grounds for the motion must appear on the face of the challenged pleading(s) or be based on facts ...

Excerpt: ...endant Palo 2 Cedro Community Guild. (hereinafter “Defendant”) did not provide full and complete responses. Defendant has filed an Opposition to the Motion. Meet and Confer. The parties both provide support for meet and confer efforts, which culminated in a meet and confer letter sent by Plaintiff on the evening of August 5, 2020 requesting a response by August 7, 2020. Within that very narrow window, Defendant provided a response and left op...

Excerpt: ... 21, 2015 and August 14, 2020, and/or the Rest Break Subclass between July 27, 2019 and August 14, 2020. They assert causes of action for failure to provide rest and meal periods, failure to reimburse expenses, failure to properly accrue and carry‐over sick leave and for penalties pursuant to various Labor Code 2 violations related to the alleged violations. The proposed settlement provides for a maximum Gross Settlement Amount (GSA) of up to $...

Excerpt: ... that would resolve the objections to be raised in the demurrer.” The Declaration of Ashley Arnett, submitted in support of the Demurrer, shows sufficient efforts between the parties to meet and confer. Merits. The purpose of a demurrer is to test the legal sufficiency of a pleading. Code Civ. Proc. §§ 422.10, 589. A party may object by demurrer on the ground that “[t]he pleading does not state facts sufficient to constitute a cause of acti...

Excerpt: ...f Shasta at the Department of Child Support Services. The Court does not believe Judge Wood's spouse or step‐daughter has any involvement in the investigation, management, prosecution or defense of this case but does disclose the employment relationship between County of Shasta and the Court's first degree relative as required by California Code of Judicial Ethics, Canon 3E(2). Tentative Ruling on Plaintiff's Motion to Reopen Discovery: Plainti...

Excerpt: ...arty may object by demurrer on the ground that “[t]he pleading does not state facts sufficient to constitute a cause of action.” CCP § 430.10(e). A meet and confer declaration has been provided, as required by CCP § 430.10. The Fifth Cause of Action alleges slander of title specifically caused by the 2015 Easement Deed. The elements of the tort of slander of title are (1) a publication, (2) without privilege or justification, (3) falsity, a...

Excerpt: ...erance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, . . . or of any separate issue . . . , preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.” The Court has discretion to sever a statute of limitations defense raised in the answer, and try that defense first. Aerojet...

Excerpt: ...ness of documents specified in the requests admitted. CCP § 2033.280(b). Failure to respond also waives any objections to the discovery propounded. CCP § 2033.280(a). Defendant's moving papers sufficiently demonstrate that the plaintiff has failed to respond to Defendant's Request for Admissions within the required time frame. The Motion is GRANTED. CCP § 2033.280(c) requires that sanctions be imposed where a party fails to timely respond to a...

Excerpt: ... to the Judicial Council, by e‐mail or facsimile, a copy of the endorsed, filed caption page of the motion or opposition, a copy of any related notice of appeal or petition for a writ, and a conformed copy of any order issued pursuant to this section, including any order granting or denying a special motion to strike, discovery, or fees. While the parties may have done so, there is no evidence in the file that either party complied with this re...

Excerpt: ...) permits a party propounding discovery demands to “move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete.” A motion brought under this section must include a declaration describing efforts to meet and confer in good faith. CCP § 2031.310(b)(2). CCP § 2031.310(h) provides that the court “shall impose a monetary s...

Excerpt: ...t or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response...

Excerpt: ...o be done by a party.” Generally speaking, in the context of continuances, good cause includes a party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts. CRC Rule 3.1332(c)(6). Plaintiffs in this case have moved to continue on the basis of ongoing health problems, exacerbated by the COVID‐19 pandemic. Both plaintiffs have surgeries that have been rescheduled for July and August, ...

Excerpt: ...efore the depositions (previously noticed for May 25, 2020 in Sacramento, California) are outside the geographical limitations established by CCP § 2025.250(a). Pursuant to CCP § 2025.260, the Court may, in the interest of justice, order that a party's deposition be taken at a more distant location than that permitted under CCP § 2025.250(a). As to the specifics of this case, the Court also finds that there was no stipulation for either Defend...

Excerpt: ...plaintiff, and shall render judgment in the plaintiff's favor for that relief, not exceeding the amount stated in the complaint. Ibid. In hearing the evidence, the Court in its discretion may permit the use of affidavits in lieu of personal testimony. CCP § 585(d). However, the facts stated in the affidavit or affidavits are required to be within the personal knowledge of the affiant and must be set forth with particularity, showing affirmativel...

Excerpt: ...roduce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. A motion brought under this section must be accompanied by a meet and confer declar...

Excerpt: ...'s attendance and performance during his employment at Camping World. Neither party directly addresses the exact dates Plaintiff was employed at Camping World, other than his resignation date of April 5, 2019. CCP § 2017.010 provides that parties have the right to discover “any matter, not privileged, that is relevant to the subject matter involved in the pending action.” California Constitution Article I, § 1 expressly grants each individu...