Excerpt: ... §§ 2030.290(b) and 2031.300(b). Plaintiffs propounded the supplemental discovery on August 30, 2022 and no responses have ever been received. Plaintiffs are entitled to an order compelling responses to the form interrogatories and the request for production. The imposition of sanctions is mandatory unless the party subject to sanctions acted with substantial justification or the imposition of sanctions would be unjust. CCP § 2030.290(c) and 2...

Excerpt: ...oday. The Court notes that both the Opposition and Reply were untimely. In the reply, Plaintiff did not move for a continuance. The Court finds that Plaintiff's Reply is substantive. The Court reviewed both the late filed Opposition and late filed Reply as if they had been timely filed. This matter was tried before a jury and the jury returned a verdict for Defendants on their claim alleging Negligence, awarding Defendants $15,416.65 in damages. ...

Excerpt: ...ends to hear both matters today. The Court notes that both the Opposition and Reply were untimely. In the reply, Plaintiff did not move for a continuance. The Court finds that Plaintiff's Reply is substantive. The Court reviewed both the late filed Opposition and late filed Reply as if they had been timely filed. This matter was tried before a jury and the jury returned a verdict in favor of Defendants/Cross Complainants on their Cross-Complaint ...

Excerpt: ...d 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 Dennis McPherson, filed in support of the Demurrer, shows sufficient efforts made by Defendant to meet and confer with Plaintiff. Defendant's Request for Judicial Notice. Defendant's request for judicial notice is granted. Defendant's Objections to Plain...

Excerpt: ...9, 2023. The motion is unopposed. Final Approval of the Settlement. The parties agreed to settle the case for $180,000.00. The number of workweeks were higher than the estimated 1,350 workweeks, which resulted in an increase to the total settlement. Based on the calculation provide by Kevin Lee from Phoenix Settlement Administrators, the gross settlement would be $214,632.00. However, Class Counsel has listed the gross settlement amount as $215,0...

Excerpt: ...challenge jurisdiction in California courts by filing a motion to quash for lack of jurisdiction. CCP § 418.10(a)(1). California courts “may exercise jurisdiction on any basis not inconsistent with the Constitution of the state or of the United States.” CCP § 410.10. When a defendant moves to quash service of process on jurisdictional grounds, the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdictio...

Excerpt: ...s been submitted solely to aid the Court in evaluating the Minor's Compromise Petition. Merits: Unless confidentiality is required by law, court records are presumed to be open to the public. California Rules of Court (CRC), Rule 2.550(c). CRC 2.551 prohibits the court from permitting a record to be filed under seal except by motion or application. The moving party bears the burden to provide “facts sufficient to justify the sealing.” CRC 2.5...

Excerpt: ...g that the lodged records be filed under seal. “Except as provided in Section 214 of the Family Code or any other provision of law, the sittings of every court shall be public.” CCP § 124. Unless confidentiality is required by law, court records are presumed to be open to the public. CRC 2.550(c). CRC 2.551 prohibits the court from permitting a record to be filed under seal except by motion or application. The moving party bears the burden t...

Excerpt: ...einafter the “1959 Judgment”), the California Department of Transportation (hereinafter, “CA DOT”) established ownership of property in Shasta County referred to in the Judgment as parcels A, B, and C. The 1959 Judgment also set forth conditions and obligations with respect to water rights in Little Boulder Creek and Campbell Creek, among CA DOT and additional parties including Bonville and Funk, and their successors in interest. Obligati...

Excerpt: ...vides sufficient evidence of meet and confer efforts. Request for Judicial Notice. Defendant's request for judicial notice is granted. Merits. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of th...

Excerpt: ... 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 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 Petit...

Excerpt: ...nderson Fire Protection District (“Petitioners”) move now for attorney's fees and costs. Mark Adams of the California Receivership Group (“Receiver”) seeks discharge, exoneration of surety and compensation for fees and expenses. 2 Tentative Ruling on Motion for Attorney's Fees: Pursuant to the Court's September 10, 2021 Order Appointing a Receiver, Petitioners are the prevailing party in this matter, entitled to attorney's fees and costs ...

Excerpt: ...tion. Defendant alleges the parties are bound by a valid and enforceable arbitration agreement, signed by Plaintiff on his first day of work, December 12, 2018 (the “Arbitration Agreement”). Plaintiff argues he did not sign the Arbitration Agreement, and even if he had, it would be unenforceable. “[T]he Legislature has expressed a strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution...

Excerpt: ...both pursuant to Evid. Code § 452(d). Asset Forfeiture Default Judgment. 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 Health a...

Excerpt: ...both pursuant to Evid. Code § 452(d). Asset Forfeiture Default Judgment. 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 Health a...

Excerpt: ... 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. Health and Safety Code § 11488.5(c)...

Excerpt: ...hip Group (“Receiver”) was appointed to remediate the dangerous conditions on a temporary basis. The Receivership was made permanent on September 27, 2021. Respondents move for termination or discharge of receiver on the grounds that the conditions which gave rise to the Receivership have been abated, and that Respondents intend to sell the property and the Receiver unreasonably interfered with the sale. Respondents also seek surcharge of Rec...

Excerpt: ...quest is granted as to each of the nine exhibits per Evid. Code § 452(d) presented with the moving papers. Plaintiff's Request for Judicial Notice as to the estimated over one thousand (1,000) pages of documents presented with their Reply as Exhibit 1 is denied and the Court did not consider these documents. Meet and Confer. Prior to filing a motion seeking discovery, a party is required to meet and confer with the opposing party Plaintiffs have...

Excerpt: ...constitute a cause of action as required by CCP § 430.10(e), and that the action is barred by the statute of limitations pursuant to Govt. Code § 945.6(a)(1). Judicial Notice: Pursuant to Evid. Code § 452 the Court grants Defendant's request for judicial notice of the following as records of the Court: the Complaint filed November 20, 2020, the Amended Complaint filed September 29, 2021, the Claim filed by Marvin Baker, received by City of Sha...

Excerpt: ...ive Record is the scope of the Project's certified administrative record (Record), which was certified and lodged with the Court on June 12, 2022, and supplemented on August 26, 2022. Petitioners seek to augment the Record with documents that fall into two categories: 1) secondary reference materials, and 2) previously approved Timber Harvest Plans from the Battle Creek Watershed, where the Project is located. Petitioners contend the Record shoul...

Excerpt: ...ts 1 and 9 of the First Amended Complaint. Counts 2‐8 are specifically directed to BLC, while Counts 1 and 9 do not specify which party they are direct to. Only Count 9 includes any allegation against SPI. SPI's briefing and Separate Statement of Undisputed Material Facts only address Counts 1 and 9. Therefore, the Court hereby considers summary adjudication of Counts 1 and 9 only. Evidentiary Objections: Defendant SPI's objects to Plaintiff's ...

Excerpt: ...uded in this proof of service are the Notice, Application, and Declaration. CCP § 1005(a)(2) and (b) require that the moving papers be served at least sixteen court days in advance of the hearing and five days are added for mailing. Thus, a mailing date of August 10, 2022 provides timely notice for a hearing on September 12, 2022. CCP §512.060 provides that in order to obtain a claim and delivery writ of possession, Plaintiff must: 1) demonstra...

Excerpt: ...Doe 5's father. Tentative Ruling on Motion to Consolidate: Plaintiffs in Shasta County Case No. 197338, John Does 1‐4, and Plaintiff in Shasta County Case No. 197803, John Doe 5, move to consolidate the two matters for all purposes pursuant to CCP § 1048(a). Defendants Anderson Union High School District and Greg Grandell oppose the Motion. Plaintiffs have complied with the procedural requirements listed in CRC 3.350. (a) When actions involvin...

Excerpt: ...urt for leave to amend his pleading, or to file a cross‐complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross‐complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfei...

Excerpt: ... filed documents is GRANTED. The Court notes that such judicial notice is limited to “the existence of each document in a court file, including the truth of results reached” . . . “but not judicial notice of the truth of hearsay statements in decisions and court files. Courts may not take judicial notice of allegations in affidavits, declarations and probation reports in court records because such matters are reasonably subject to dispute a...

Excerpt: .... “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” CRC 3.1332(c). “The unavailability of trial counsel because of death, illness, or other excusable circumstances” is listed as a circumstance that may constitute good cause. CRC 3.1332(c)(3). In this matter, counsel ...

Excerpt: ...‐051) and Supporting Declaration (MC‐052). Both forms and the proposed Order (MC‐053) must be served on the client and all parties who have appeared in the case at either the current address or the last known address that has been confirmed within thirty days. CRC 3.1362(d). CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of filing a consent to substitution under CCP § ...

Excerpt: ...el deposition of Defendant General Motors, LLC (“GM”) person most qualified (“PMQ”) with production of documents pursuant to CCP §§ 2025.230 and 2025.450. Plaintiff also moves for an order imposing monetary sanctions against GM pursuant to CCP § 2025.48(j). On January 12, 2022, Plaintiff served his Notice of Deposition for GM's PMQ. On February 3, 2022, GM served Objections to the Notice. On February 4, 2022 Plaintiff attempted to meet...

Excerpt: ...oppose the Motion. Meet and Confer. CCP § 435.5 requires that the moving party meet and confer with opposing counsel prior to filing a motion to strike. The declaration of David M. Benton provides sufficient evidence of meet and confer efforts. Merits. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in an...

Excerpt: ...on August 16, 2021. The contents are not subject to judicial notice, however, counsel has laid the proper foundation for Exhibit A and judicial notice is not necessary for the Court to consider the Stipulation Agreement. Merits. CCP § 664.6 provides 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 al...

Excerpt: ...l further responses, a motion to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause or that it satisfied a meetand‐confer requirement. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th 390. Thus, no meet and confer efforts were required. Merits. Different types of discovery are governed by different sections of the Code of Civil Proc...

Excerpt: ...0 Cal. App. 4th 1255, 1261. CCP § 425.16 provides a procedural remedy to dispose of SLAPP suits. Rusheen v. Cohen (2006) 37 Cal. 4th 1048, 1055‐56. A litigant may seek to strike a cause of action arising from any act in furtherance of the right to petition. CCP § 425.16(e)(2). CCP § 425.16 (b)(1), provides that “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free s...

Excerpt: ...P § 473(b) “[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” A party seeking relief under section 473 on the grounds of excusable neglect bears the burden of demonstrating that the neglect was excusable in order to secure relief. Cochran v....

Excerpt: ... this community. The rates will be reduced as described below. Defendant argues that all time incurred after an initial 998 Offer should be stricken. However, Plaintiff establishes that the initial 998 Offer was appropriately objected to on multiple grounds with no response or amendment by Defendant, requiring litigation to continue. The total number of hours will not be reduced. Costs will be awarded. Defendant's Evidentiary Objections: Defendan...

Excerpt: ...efendant Team RV Management, LLC to Serve Responses Request for Production of Documents, Set One. Defendant Team RV Management, LLC filed a joint Opposition in which all three motions were addressed. The Reply also addresses all three motions. Due to the manner of the briefing, the Court is issuing one tentative ruling that will address all three motions. Request for Continuance. In the Opposition, Defendant requested that the three motions to co...

Excerpt: ...briefing. The proposed class is defined “As all non‐exempt hourly employees of Frozen Gourmet, Inc. who performed work in California at any time during the period of October 6, 2017 through October 1, 2021. The PAGA period is September 23, 2020, through the date of settlement approval or judgment. The proposed class members are approximately 25 former and current employees of Defendant. The proposed settlement is: Total Settlement Amount $180...

Excerpt: ... he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. (b) A notice of m...

Excerpt: ...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. Health and Safety Code § 11488.5(c)....

Excerpt: ...ormed work in California at any time during the period of October 6, 2017 through October 1, 2021. The PAGA period is September 23, 2020, through the date of settlement approval or judgment. The proposed class members are approximately 25 former and current employees of Defendant. The proposed settlement is: Total Settlement Amount $180,000.00 Proposed Attorneys' Fees (up to 35%) ‐$63,000.00 Litigation Costs and Expenses (up to) ‐$12,000.00 S...

Excerpt: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...0(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...

Excerpt: ...efforts. Merits. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: 2 (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436 A motion to strike can be used to attack the entire pleading, o...

Excerpt: ... seven causes of action. The anti‐SLAPP was originally scheduled to be heard on August 30, 2021, however the hearing was continued at the request of Plaintiff and the anti‐SLAPP was eventually heard on October 4, 2021. The Court took the matter under submission and granted the anti‐SLAPP on November 22, 2021 in all aspects except one cause of action as to Defendant Mark Lucas. In the ruling on the anti‐SLAPP, the Court determined that Def...

Excerpt: ...ttlement check has not been cashed due to a need for a signature from the Guardian Ad Litem. No response to the OSC was received, nor was a response received for the prior OSC issued in the amount of $250.00 on October 19, 2021. Although an attorney hired by the Guardian Ad Litem has the primary responsibility for pursuing the minor's claim, hiring the attorney does not relieve the guardian of all responsibility for pursuing the claim. Brandon G....

Excerpt: ...Civil Procedure] section 877.6 require that a number of factors be taken into account” when evaluating whether a settlement between a plaintiff and joint tortfeasor is in good faith, including (1) a rough approximation of plaintiffs' total recovery and the settlor's 3 proportionate liability; (2) the settlement amount, (3) allocation of the settlement proceeds among multiple plaintiffs, if applicable; (4) recognition that a settlor should pay l...

Excerpt: ...e § 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. Health and Safety Code § 11488.5(c). This serv...

Excerpt: ...claration of Tristan P. Espinosa provides sufficient evidence of Plaintiff's meet and confer efforts. Request for Judicial Notice. Plaintiff requests the Court take judicial notice of the Answer filed by Defendants, Plaintiff's Motion to Deem Admissions, and the Court's ruling and Order granting Plaintiff's Motion to Deem Admissions. Plaintiff provided a copy of each. Pursuant to Evid. Code §§ 452(d) and 453, the Court grants the request. Merit...

Excerpt: ... a ruling made in California Department of Forestry and Fire Protection v. Eunice E. Howell, et al. Defendant did not object to the request and the ruling is a record of a court. The Court will take judicial notice pursuant to Evid. Code §§ 452(d) and 453. Meet and Confer Efforts. Both parties have provided substantial evidence regarding meet and confer efforts. The Court finds that the meet and confer efforts were sufficient. Merits of the Mot...

Excerpt: ... 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. (1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of ...

Excerpt: ...against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded.” “Related cause of action” is defined as “a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” CCP § 426.10(c). Causes of action are related if there is a logical rel...

Excerpt: ... were not necessary. Ibid. If the items appear to be proper charges, the verified memorandum of costs is prima facie evidence that the items were reasonably incurred. Oak Grove School Dist. v. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698. Conclusory and unsubstantiated objections to a cost are insufficient to rebut the presumption that they were reasonably and necessarily incurred. Ladas v. California State Auto. Ass'n (1993) 19 Cal. App. 4...

Excerpt: ...ding Motion for Final Approval of Class Action Settlement was filed on November 19, 2021 along with supporting declarations. The motion is unopposed. Final Approval of the Settlement: The parties have agreed to settle the case for $575,000.00. The breakdown of the settlement is: Total Settlement Amount $575,000.00 Proposed Attorneys' Fees (33 1/3%) $191,666.67 Litigation Costs and Expenses $21,239.57 Settlement Administration Costs $6,500.00 PAGA...

Excerpt: ...opment Group Holdings, LLC (“DGH”) did not file a Memorandum of Costs. Timing. The Lockwoods and DGI each filed a Memorandum of Costs on October 18, 2021 and both were personally served on the Eatmons' counsel, Douglas Wright, on the same date. “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum.” CRC 3.1700(b)(1). The Eatmons timely filed their Motion to Strike Memorandum ...

Excerpt: ...Item No. 1 (filing and motion fees) $809.00  Item No. 5 (service of process) $80.00  Item No. 16 (other) $373.00 2 Merits of Motion: The Song‐Beverly Act; specifically, Civil Code Section 1794(d) states “If the buyer prevails…the buyer hall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses…determined by the court to have been reasonably incurred by the buyer in conne...

Excerpt: ...th 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. Health and Safety Code § 1148...

Excerpt: ...torney's fees. Civ. Code § 1794(d). The attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing and prosecuting the action, based on actual time expended. The prevailing buyer has the burden of proving the fees were both reasonably necessary to conduct the litigation and reasonable in amount. Civil Code § 1794(d); Robertson v. Fleetwood Travel Trailers of California, Inc., (2006) 144...

Excerpt: ...ertence, surprise, or excusable neglect.” CCP § 473(b). Application “shall be made within a reasonable time, in no case exceeding six months, after the … dismissal.” CCP § 473(b). A moving party must show diligence. Kendall. Barker (1988) 197 Cal. App. 3d 619, 625. What is a reasonable time in any case depends upon the circumstances of that particular case and there must be some showing, some evidence, as the basis for the exercise of t...

Excerpt: ...s the proxy or agent of state labor law enforcement agencies, representing the same legal right and interest as those agencies, in a proceeding that is designed to protect the public, not to benefit private parties. Villacres v. ABM Industries Inc. (2010) 189 Cal. App. 4th 562. The purpose of PAGA is not to recover damages or restitution, but to create a means of “deputizing” citizens as private attorneys general to enforce the Labor Code; th...

Excerpt: ..., in part: (a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter rele...

Excerpt: ...ially noticeable as records of any court in the United States, Evidence Code 452(d). Defendants have objected to the request on the grounds of relevance. The requested documents relate to different cases, concerning similar subject matter, that is, efforts to enforce arbitration agreements in Song‐Beverly actions. Judicial notice is appropriate for the records of any court in this state. Evidence Code § 452(d). However, “the truth of stateme...

Excerpt: ...irst time, presented evidence and arguments in the Reply. Plaintiff does not specify which evidence and arguments this applies to. There was no new evidence provided, only a Request for Judicial Notice that was made separate in a separate pleading. The actual evidence had already been presented. The arguments made are either expanding on arguments in the moving papers or responding to issues raised in the Opposition. The Court considers the Reply...

Excerpt: ...mplaint was filed on September 28, 2018. Defendants Prime Healthcare Shasta, LLC; Prime Healthcare Services, Inc.; MPT of Shasta, LP; and Prime Healthcare Management, Inc. filed their motion for summary judgment on October 9, 2020. The motion was continued several times, first on October 21, 2021, then on March 1, 2021, again on June 8, 2021, and finally on August 24, 2021. Factual Background: On October 6, 2016, Plaintiff was at SRMC for a nucle...

Excerpt: ...r work in this region. Said determination is not necessary based on the nature of the calculations and the Court's analysis of the applicable lodestar. 4 the attorney‐client relationship is grounds for allowing an attorney to withdraw. Estate of Falco v. Decker (1987) 188 Cal. App. 3d 1004, 1014. However, the Plaintiff in this case is a minor with an appointed Guardian Ad Litem (“GAL”). “[T]he court has a duty to see that the minor's righ...

Excerpt: ...eys' Fees, Costs, and Enhancement Payment was filed on August 23, 2021, along with supporting declarations. The motion is unopposed. As a preliminary matter, the Court approves Plaintiff's request to exceed the page limit for the memorandum pursuant to CRC 3.1113(e). Final Approval of the Settlement: The parties have agreed to settle the case for $880,000. The breakdown of the settlement is: Total Settlement Amount $880,000.00 Proposed Attorneys'...

Excerpt: ...in its ruling of April 28, 2021 finding that the statutory mechanism of enforcement under CCP § 664.6 wasn't available. At the time of counsel's execution of the settlement agreement, CCP § 664.6 only permitted enforcement if the agreement was signed by the parties. CCP § 664.6 was amended effective January 1, 2021 to permit enforcement (by entry of judgment) of a settlement agreement signed by counsel. The Court found (in its April 28, 2021 r...

Excerpt: ...ught pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” CCP § 2016.040. The Declaration of Stewart C. Altemus describes the meet and confer efforts he has made to resolve the issue with Plaintiff's counsel. T...

Excerpt: ...(d) and 453. Defendants' Objections to Plaintiff's Evidence. Defendant objects to ¶ 2 of the Declaration of Claudia Brisson which reads, “Plaintiff has not been able to conduct any discovery in this case.” Defendant objects on the grounds that this is a misstatement of the law and the facts of this case. The Court overrules this objection. Defendant objects to ¶ 4 which reads, ““Plaintiff does not have and has not been able to obtain cr...

Excerpt: ...sed liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. Sup.Ct. (1...

Excerpt: ...ealing fail as a matter of law on the grounds that plaintiffs made material misrepresentations during their claim that vitiated coverage under their Integon policy. Issue No. 2. Integon is entitled to summary adjudication on the grounds the undisputed facts establish plaintiffs' unclean hands bars plaintiffs' first cause of action for breach of contract against Integon. Issue No. 3. Integon is entitled to summary adjudication on the grounds the u...

Excerpt: ..., Defendant also moves to exclude evidence regarding the revocation/alleged revocation of Millville Grange's Charter. In its moving papers, Defendant argues that Plaintiff has sued the wrong party. The Second Cause of Action alleged is Cancellation of Deed and Quiet Title. Defendant currently holds title to the real property at issue. In a quiet title action,"[t]he plaintiff shall name as defendants in the action the persons having adverse claims...

Excerpt: ... Motion for Reconsideration. Plaintiff opposes the motion and seeks sanctions. Defendant's Request for Judicial Notice. Granted. Plaintiff's Objections to Defendant's Evidence. Plaintiff makes 19 objections to various portions of the Declaration of John P. Kelley. Objections 1‐17 and 19. Overruled. Objection 18. Sustained only as to “He was asked if he knew his deposition had been noticed for April 28 and he again said ‘no.'” Merits. Moti...

Excerpt: ...f of service does not explicitly state that service was personal, however, it does contain information that is generally only provided with personal service, i.e., the specific time of service and physical description of the person served. As it appears that Respondent was timely served, the Court is exercising its discretion to accept the proof of service and issue a ruling on the merits. Merits. “[T]he Legislature has expressed a strong publi...

Excerpt: ...CP §§ 1005(b) and 1013(c). Service on Defendant is proper as she is currently selfrepresented in Case No. 196018 as confirmed by no substitution of attorney on file and Defendant's indication 2 that she was proceeding in pro per at the resolution review hearing on July 12, 2021. Leave to File FAC. CCP § 473 provides that the court may “in furtherance of justice…allow, upon any terms as may be just, an amendment to any pleading or proceedin...

Excerpt: ...unds that the Court lacks Jurisdiction, the matter is not ripe, that the first cause of action fails to state facts sufficient to constitute a cause of action against Defendants, and the first cause of action is uncertain because Defendants cannot ascertain what damages, if any, were suffered by plaintiff. CCP 430.10(a), (e), (f). Defendants are also seeking sanctions under CCP § 128.5. In support of the Demurrer, Defendant requests that the Cou...

Excerpt: ...g Company, Inc. who worked for Seco in California from June 6, 2015 through date of preliminary approval.” The Proposed PAGA Recipients will include all Class Members who do not opt out of the Settlement and worked for Defendant within the PAGA Period, which is defined as “any time from June 12, 2018 to date of preliminary approval.” The proposed class members are approximately 217 former and current employees of Defendant. The proposed set...

Excerpt: ...re granted. Meet and Confer CCP § 439(a)(3) provides : “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. No such declaration was filed. That is sufficient to deny the motion. However, in the interest of judicial efficiency, the Court will exercise its 2 discretion and consider the merits of the motion, despite Plaintiff's failure to follow the sta...

Excerpt: ... insurer will pay the policy limits of $400,000 plus the $6,000 Medical Payments Coverage. All parties who have appeared in the action per CCP § 1014 were provided proper notice. No Oppositions were filed. Merits of the Motion. The California Supreme Court case of Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488 provides that “the intent and policies underlying [Code of Civil Procedure] section 877.6 require that a numb...

Excerpt: ... on May 27, 2021. Defendant contends it was timely as Defendant had until June 2, 2021 to file the Demurrer pursuant to CCP § 430.41(a)(2). CCP § 430.41(a)(2) states in part: The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐d...

Excerpt: ... insurer will pay the policy limits of $400,000 plus the $6,000 Medical Payments Coverage. All parties who have appeared in the action per CCP § 1014 were provided proper notice. No Oppositions were filed. Merits of the Motion. The California Supreme Court case of Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488 provides that “the intent and policies underlying [Code of Civil Procedure] section 877.6 require that a numb...

Excerpt: ... on May 27, 2021. Defendant contends it was timely as Defendant had until June 2, 2021 to file the Demurrer pursuant to CCP § 430.41(a)(2). CCP § 430.41(a)(2) states in part: The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐d...

Excerpt: ...ply to an enforcement proceeding brought after the effective date, where the settlement agreement was signed on December 21, 2020, by the parties' attorney, but not the parties? CCP § 166.1 provides that the parties can request, or, “at the judge's discretion, a judge may indicate in an interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolut...

Excerpt: ...intiff did not comply with CRC 3.1354(b) when making these objections. The objections were not served and filed separately, were not numbered consecutively, and did not follow either format permitted by CRC 3.1354(b). In addition to the issues with the format of the objections, the objections do not cite to or list specific evidence being objected to, but rather object to entire DUMF's. All objections that state, “Disputed and objected to as ir...

Excerpt: ...ply to an enforcement proceeding brought after the effective date, where the settlement agreement was signed on December 21, 2020, by the parties' attorney, but not the parties? CCP § 166.1 provides that the parties can request, or, “at the judge's discretion, a judge may indicate in an interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolut...

Excerpt: ...intiff did not comply with CRC 3.1354(b) when making these objections. The objections were not served and filed separately, were not numbered consecutively, and did not follow either format permitted by CRC 3.1354(b). In addition to the issues with the format of the objections, the objections do not cite to or list specific evidence being objected to, but rather object to entire DUMF's. All objections that state, “Disputed and objected to as ir...

Excerpt: ...s' Evidence. Declarations of Terry Buchanan, Marisa Hennan, Patricia Jones, Daniel Smith, and Tawny Wooten: “I may have missed a 30 minute break but was adequately compensated.” Sustained as to “but was adequately compensated.” “I am not aware of any employees at my stores who did not have the opportunity or were not able to take a required meal or rest break, or who was not appropriately compensated.” Sustained as to “or who was no...

Excerpt: ...n be reached that would resolve the objections to be raised in the demurrer.” Although not initially provided, Defendant's counsel has provided evidence of two lengthy and detailed letters describing the defects in the Complaint and asking that Plaintiff's counsel amend. There was also a conversation about the Demurrer in which Plaintiff's counsel indicated that meet and confer obligations had been satisfied. The Court finds that the meet and c...

Excerpt: ...6.040, which states that a meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. During the deposition, Mr. Kelley informed Ms. Haner and counsel that he would seek court intervention if the question was not answered. On Wednesday May 5, 2021, Mr. Kelley emailed a letter to counsel describing the issue and stating that a mot...

Excerpt: ...rt shall be public.” CCP § 124. Unless confidentiality is required by law, court records are presumed to be open to the public. California Rules of Court (CRC), Rule 2.550(c). CRC Rule 2.551 prohibits the court from permitting a record to be filed under seal except by motion or application. The moving party bears the burden to provide “facts sufficient to justify the sealing.” Rule 2.551(b)(1). “The public has a First Amendment right of ...

Excerpt: ...ides evidence that Plaintiff's counsel was sent a meet and confer letter on March 23, 2021 that described the deficiency with each response at issue. Plaintiff did not respond to this letter. The Court finds that Defendants' meet and confer efforts were sufficient. Merits. “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” CCP § 2030...

Excerpt: ...dant entered into a contract with Plaintiff to purchase and have installed three greenhouses. This is the only alleged business dealing between Defendant and any California entity. The installation occurred entirely in Oregon. Defendant is a resident of Oregon, and was served a summons and a copy of the complaint in Oregon. Personal jurisdiction may be either general or specific. Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 4 Cal.4th 434, 4...

Excerpt: ...l sought is protected from disclosure based the right to privacy. SUHSD has asserted these objections on behalf of Defendant Michelle Kimball (“Kimball”). Motions brought pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented b...

Excerpt: ... in nine different court files. The request for judicial notice was contained within Defendant's declaration and was not filed as a separate document. The request for judicial notice is DENIED. Jurisdiction: A defendant against who a default has been entered cannot thereafter file pleadings, move for a new trial or demand a notice of subsequent proceedings until the default is set aside. Holsinger v. Holsinger (1950) 95 Cal.App.2d 835, 837. Here,...

Excerpt: ... on April 29, 2021, which is less than sixteen court days prior to the hearing. However, Plaintiff did not raise an objection and responded substantively, thus waiving any objection to the notice. Tate v. Superior Court (1975) 45 Cal.App.3d 925, 930. Defendant's Request for Judicial Notice. Defendant requests that the Court take judicial notice of the moving papers from the previous Motion to Continue heard on December 14, 2020 as a record of a c...

Excerpt: ...elated to why the motion has been brought instead of filing the substitution of attorney. CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of a filing a consent to substitution under CCP § 284(1). Mr. Minasian indicates that his client owes in excess of $10,000 in attorney fees, does not communicate with him, and has not responded to requests to obtain discovery. In Mr. Minasi...

Excerpt: ...nsider the late filed paperwork. CRC 3.1300(d) Merits of Motion: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment….” CCP § 473.5(a). A motion of this nature “shall be accompanied by an affidavit showing under oa...

Excerpt: ...bjection No. 7‐ Overruled as to relevance, sustained as to hearsay and improper opinion Objection No. 8‐Overruled Objection No. 9‐Overruled Objection No. 10‐Overruled Objection No. 11‐Sustained Objection No. 12‐ Sustained Objection No. 13‐Sustained Objection No. 14‐Sustained Objection No. 15‐Sustained Objection No. 16‐Sustained Objection No. 17‐Overruled 2 Objection No. 18‐Overruled Objection No. 19‐Overruled Objection N...

Excerpt: ...which to ensure meaningful access to the court. Jameson v. Desta (2009) 179 Cal. App. 4th 672, 678. Wantuch v. Davis (1995) 32 Cal. App. 4th 786 provides considerations for the Court to balance in determining the appropriate remedy to secure access to the court. That case analyzed a similar request in the context of an indigent, incarcerated litigant. The Court suggested consideration of “the nature of the action, the potential effect on the pr...

Excerpt: ... property which has been complicated by the issuance of multiple judgments. 4 Plaintiffs cite no legal authority, either statutory or case law, to support their request. There is no allegation that the Judgments in this case contain any errors or that they are void. The request appears to be purely for the convenience of Plaintiffs in enforcing the judgments. With no legal authority being cited, the motion is DENIED without prejudice. A proposed ...

Excerpt: ...which to ensure meaningful access to the court. Jameson v. Desta (2009) 179 Cal. App. 4th 672, 678. Wantuch v. Davis (1995) 32 Cal. App. 4th 786 provides considerations for the Court to balance in determining the appropriate remedy to secure access to the court. That case analyzed a similar request in the context of an indigent, incarcerated litigant. The Court suggested consideration of “the nature of the action, the potential effect on the pr...