Excerpt: ...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 plain...

Excerpt: ...ovember 18, 2020 pursuant to Evid. Code § 452(d). This request is granted. Merits of the Motion. A petition for leave to intervene may be made by noticed motion or ex parte application and must include a copy of the Proposed Complaint‐In‐Intervention and set forth the grounds upon which intervention rests. CCP § 387(c). Under CCP § 387(d)(2), the Court has discretion to permit a nonparty to intervene in the action where “the person has a...

Excerpt: ...otice is granted. Merits of Motion: On December 21, 2020, counsel for all parties met, discussed and executed a document with settlement terms. The document was not executed by the parties themselves. Defendants /Cross‐Complainants Daniel Lockwood and Roseanne Lockwood (“Lockwood”) along with Defendant/Cross‐Defendant/Intervenor Development Group, Inc. (“DGI”) and Cross‐Defendant Development Group Holdings, LLC (“DGH”) seek to e...

Excerpt: ...er is based on the claim that there is no theory by which a public entity can be liable under Civil Code §§ 51.9 or 52. Plaintiff alleges that Defendant is liable under the theory that they authorized or ratified the actions of Ms. Kimball. Plaintiff relies upon Civil Code § 2339 as statutory authority to hold the School District liable for the tortious conduct of Ms. Kimball. Ratification may occur where a private employer knows or should kno...

Excerpt: ...otice is granted. Merits of Motion: On December 21, 2020, counsel for all parties met, discussed and executed a document with settlement terms. The document was not executed by the parties themselves. Defendants /Cross‐Complainants Daniel Lockwood and Roseanne Lockwood (“Lockwood”) along with Defendant/Cross‐Defendant/Intervenor Development Group, Inc. (“DGI”) and Cross‐Defendant Development Group Holdings, LLC (“DGH”) seek to e...

Excerpt: ...er is based on the claim that there is no theory by which a public entity can be liable under Civil Code §§ 51.9 or 52. Plaintiff alleges that Defendant is liable under the theory that they authorized or ratified the actions of Ms. Kimball. Plaintiff relies upon Civil Code § 2339 as statutory authority to hold the School District liable for the tortious conduct of Ms. Kimball. Ratification may occur where a private employer knows or should kno...

Excerpt: ...no case exceeding six months after the judgment was taken. CCP § 473(b). The Summons and Complaint were served on December 22, 2020. The evidence presented by Defendant is that he tried to file his Answer at approximately 8:30 a.m. on January 19, 2021, but was told by a civil clerk that it was in a format unacceptable to the Court. Parenti Decl. ¶ 2. The Defendant then asked the clerk for general advice and was informed that the thirty day peri...

Excerpt: ...ntain a FAC. However, upon receipt it was apparent that the FAC was filed in Federal Court, not State Court. At the hearing on February 8, 2021, Plaintiff was directed to file a FAC in this case so that the operative pleading is part of the official record. Plaintiff is again directed to file a FAC in this case so that operative pleading is part of the official record. The proposed Class is defined as, “all current and former non‐exempt, hour...

Excerpt: ...with reasonable diligence be served in another manner specified in this article and that either: (1) a cause of action exists against the party upon whom service is to be made or he or she is a necessary party to the action or (2) the party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding t...

Excerpt: ...ursuant to Evid. Code § 452(d). This request is granted. Merits of the Motion. A petition for leave to intervene may be made by noticed motion or ex parte application and must include a copy of the Proposed Complaint‐In‐Intervention set forth the grounds upon which intervention rests. CCP § 387(c). Under CCP § 387(d)(2), the Court has discretion to permit a nonparty to intervene in the action where “the person has an interest in the matt...

Excerpt: ...hed that resolves the objections to be raised in the motion to strike. CCP § 435.5(a). Plaintiff has provided a letter sent to Defendants on January 19, 2021. Ricks. Decl. ¶ 5, Exhibit B. The Court finds that Plaintiff has met their obligation to meet and confer. Motion to Strike Standard: A motion to strike can be used to attack the entire pleading, or any part thereof, including single words or phrases. Stearns Ranchos v. Atchison Topeka & Sa...

Excerpt: ...ecember 3, 2020. The pending Motion for Final Approval of Class Action Settlement and Motion for Award of Reasonable Attorneys' Fees and Costs, Class Representative Service Award, and Settlement Administration Fees were filed on February 2, 2021 along with numerous supporting declarations. Both motions are unopposed. Final Approval of the Settlement: The terms of the settlement require defendant to fund a settlement package in the amount of $180,...

Excerpt: ..., the burden shifts to the plaintiff to establish his probability of prevailing on the claim. (HMS Capital, Inc. v. Lawyers Title Company (2004) 118 Cal.App.4th 204, 211.) A defendant meets his initial burden by demonstrating the act underlying the plaintiff's cause of action fits one of the categories spelled out in section 425.16, subdivision (e). (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) The “focus is not the form of the plaintiff's c...

Excerpt: ...nd confer at least five days before the date a motion to strike is filed. The Declaration of Robert P. Johnston provides evidence that the Parties met and conferred more than five days prior to the motion being filed. Requests for Judicial Notice. Both Parties request that the Court take judicial notice of the various pleadings contained within the Court's file for this case as well as the Appellate Opinion, Sumner v. Simpson University (2019) 27...

Excerpt: ...priate pursuant to Evid. Code § 452 and the Court will take judicial notice of each of the document Plaintiff's Objections to Defendants' Exhibits. The objections are be overruled. Service. Defendant objects that the Motion was served electronically, rather than by mail or personal service. The Court notes that Emergency Rule 12, which would have required Defendant to accept electronic service was repealed November 13, 2020. The Motion was serve...

Excerpt: ...tain a FAC. However, upon receipt it was apparent that the FAC was filed in Federal Court, not State Court. Plaintiff is directed to file a FAC in this case so that the operative pleading is part of the official record. The proposed Class is defined as, “all current and former non‐exempt, hourly employees who worked for Defendant within California at any time during the Class Period,” which is defined as “the time period from January 3, 2...

Excerpt: ...ursuant to Evid. Code § 452(d). This request is granted. Merits of the Motion. A petition for leave to intervene may be made by noticed motion or ex parte application and must include a copy of the Proposed Complaint‐In‐Intervention set forth the grounds upon which intervention rests. CCP § 387(c). Under CCP § 387(d)(2), the Court has discretion to permit a nonparty to intervene in the action where “the person has an interest in the matt...

Excerpt: ...nsel show that good faith meet and confer efforts were made, but they were ultimately unsuccessful. Merits of the Motion. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible...

Excerpt: ...�uncertain.” CCP § 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 District (1998) 65 Cal.App.4th 435, 438...

Excerpt: ...heck that was provided by Plaintiffs as evidence that their home was cleaned following a prior insurance claim just prior the insurance claim which is the subject matter of this litigation. As Plaintiffs again received payment for cleaning as a result of the Carr Fire claim at issue in this litigation having represented to Defendants that the prior cleaning had been performed. When Check No. 1287 (the check for payment of cleaning services) was p...

Excerpt: ... may promptly move for a protective order.” CCP § 2025.420(a). “The court, for good cause shown, may make any order justice requires to protect a party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, oppression, or undue burden and expense,” including but not limited to an order that the deposition not be taken at all, be taken at a different time, be taken only on certain specified terms and c...

Excerpt: ...eference for trial on the merits favors resolving doubts in favor of the moving party and relief should be granted except in cases of clear insufficiency of the “excuse” or unjustified delay in bringing the motion to the other party's prejudice. Elston v. City of Turlock (1985) 38 Cal.3d 227, 233–234. The Court should liberally exercise their power in setting aside default judgments. Carbondale Mach. v. Eyrand (1928) 94 Cal.App. 356, 360. A...

Excerpt: ...onse was provided on October 8, 2020. The instant motion seeks an order to compel further responses as to items 24‐27. Defendant objects to all four Demands on the basis of privilege. Asserting an objection related to a privilege requires that the party provide sufficient factual information which would allow the propounding to “evaluate the merits of the claim” as required under CCP 2031.240(c)(1). However, the privilege objection only 6 b...

Excerpt: ...fs filed an Opposition to the Motion. Meet and Confer. A motion brought under this section must include a declaration describing efforts to meet and confer in good faith. CCP § 2031.310(b)(2). The parties both provide evidence of their meet and confer efforts, however Plaintiffs indicate that the meet and confer requirement has not been met. Both parties cite Obregon v. Superior Court (1998) 67 Cal. App. 4th 424 as supporting their respective po...

Excerpt: ...” The Declaration Tyler Lalaguna, submitted in support of the Demurrer, shows sufficient efforts between the parties to meet and confer. Request for Judicial Notice. The Court takes judicial notice of the Trust Transfer Deed 2018‐0018021 that was recorded by the Shasta County Assessor‐ Recorder on June 28, 2018. As the Defendant is not requesting the Court to admit any of the statements therein for the truth of the matter, Plaintiff's objec...

Excerpt: ...ised, the Court will likewise address all three motions in this ruling. On September 5, 2020, Plaintiff served the Special Interrogatories, Set Two on Defense Counsel via email. Defendants served responses on October 9, 2020. On October 16, 2020, Plaintiff's Counsel contacted Defense Counsel to request further responses. On November 3, 2020, Defense Counsel responded and added some context to the initial Responses. Correspondence continued up unt...

Excerpt: ...vely to the Motion. No prejudice has been shown. The Court exercises its discretion to consider the motion on its merits. Defendant's Evidentiary Objections. Defendant filed objections to three portions of the Declaration of Tony Cara. The Court rules as follows: 1. Page 7, ¶ 2, lines 7‐9, sustained 2. Page 7, ¶ 3, line 10, sustained 3. Page 7, ¶ 4, lines 11‐12, sustained Merits of the Motion. CCP § 473 provides that the court may “in f...

Excerpt: ...l for failure to comply with those orders. Plaintiff has failed to heed the Court's direction. In response to the instant OSC, Plaintiff's counsel filed a reply which simply states that a settlement has been reached, and requests that the Court continue to monitor the case for an unspecified amount of time. No details regarding the settlement agreement have been provided. No specific future date has been requested. Despite the Court's repeated di...

Excerpt: ... papers. Plaintiffs allege in ¶ 47 of the Complaint that the statute of limitations was tolled under the delayed discovery rule and the doctrine of fraudulent concealment until November 28, 2014. Plaintiffs allege that this is the date Plaintiffs traded in their vehicle and discovered that Defendant Ford Motor Company had misrepresented the engine quality and it inability to maintain the vehicle under warranty to intentionally prevent Plaintiffs...

Excerpt: ...e trial for one year from the date of the presently sent trial. Trial is presently set for March 30, 2021. In determining whether the civil proceedings should be stayed, the Court considers the extent to which the defendant's Fifth Amendment rights are implicated, as well as the following factors: (1) the interest of the party opposing the stay in proceeding expeditiously with the action, and the potential prejudice to the party opposing the stay...

Excerpt: ...esponse to Interrogatories related to the request for admissions. Plaintiff has served four separate motions, the Motion to Deem Admitted and the Motion to Compel on two codefendants separately, however, the Opposition and Reply treat all four motions as one. Given that no Defendant‐specific issues were raised, the Court will likewise address all four motions in this ruling. On September 16, 2020, Plaintiff served the Request for Admissions and...

Excerpt: ... Opposition to the Motion. Meet and Confer. The parties both provide evidence of their meet and confer efforts. Defendants attempted numerous times to obtain complete and substantive responses. Defendant sent meet and confer letters on September 14, 2020 and October 16, 2020. The Parties had additional discussions regarding the responses via email. Separate Statement. Rule 3.1345 of the California Rules of Court requires that any motion involving...

Excerpt: ...o be raised in the demurrer.” The Declaration of Michael Ricks, submitted in support of the Demurrer, shows sufficient efforts between the parties to meet and confer. Timeliness. The Reply was due on December 7, 2020, however, the Parties agreed amongst themselves that the Reply could be filed one day late. The Court reminds the Parties that filing deadlines are not just for the benefit of the Parties, but also to allow the Court sufficient tim...

Excerpt: ...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 Stefanie West, 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 “[...

Excerpt: ...h 892, overruled on other grounds in Cedars‐Sinai Med. Ctr. v. Superior Court (1998) 18 Cal. 4th 1. CCP § 2023.030 starts “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the disco...

Excerpt: ...ctions to be raised in the demurrer.” The Declaration of Jorge Aguilar II, submitted in support of the Demurrer, shows sufficient efforts between the parties to meet and confer. 5 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 action.” CCP § 430.10(e)...

Excerpt: ...s a remedial statute and is to be liberally applied to encourage resolving cases on their merits. Riskin v. Towers (1944) 24 Cal.2d 274, and Elston v. City of Turlock (1985) 38 Cal.3d 227 (superseded by statute on other grounds as noted in Wilcox v. Birtwhistile (1999) 21 Cal.4th 973). Defendant, in its reply, also raises a service defect based upon improper service of the Amended Complaint. In the Court's review of the court file, the Court find...

Excerpt: ...is a genuine issue of material fact only if the evidence would allow a reasonable 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 ...

Excerpt: ...he issue of attorney's fees. Therefore, the Court assumes there is no opposition to the costs requested. In the context of the motion, several objections and requests for judicial notice have been made by the parties. The Court issues the following rulings on the requests and objections: Defendant's Request for Judicial Notice: Defendant requests judicial notice of three complaints filed by Plaintiffs' counsel in similar cases. These filed compla...

Excerpt: ...n October 21, 2015 and August 14, 2020, and/or the Rest Break Subclass between July 27, 2019 and August 14, 2020. They assert cause of action for failure to provide rest and meal periods, failure to reimburse expenses, and for penalties pursuant to various Labor Code violations related to the alleged violations. The proposed settlement provides for a maximum Gross Settlement Amount (GSA) of up to $180,000.00 to be paid by Defendant. The proposed ...

Excerpt: ...al. 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. (1959) 172 Cal.App.2d 527, 530. However, liberality of pleading does n...

Excerpt: ... in situations in which a lawsuit might not otherwise be economically feasible. Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817. This fee shifting is only available in those cases in which the buyer prevails. Civil Code § 1794(d). What 2 it means for a buyer to prevail is not defined under the statute, but case law is instructive: …if the particular fee‐shifting statute does not define prevailing pa...

Excerpt: ... to the Motion. 7 Meet and Confer. The parties both provide support for meet and confer efforts, which included a meet and confer letter sent by Plaintiff on July 28, 2020. On August 4, 2020, Defendant agreed to provide an amended response to Special Interrogatory No. 3. The amended response was served on August 18, 2020. On September 14, 2020, Plaintiffs sent another meet and confer letter expressing their dissatisfaction with the amended respon...

Excerpt: ...RANTED. Merits of the Motion. The party moving for summary judgment bears the initial burden to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850. There is a genuine issue of material fact only if the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standar...

Excerpt: ....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 District (1998) 65 Cal.App.4th 435, 438. No matter how unlikely,...

Excerpt: ... as inadmissible under People v. Sanchez (2016) 63 Cal.4th 665. Dr. Luce establishes that his opinion is based on his personal experience as a physician, as well as his review of the medical records in this case. While it is true that he does not appear to have directly spoken to anyone involved in the Plaintiff's treatment, he does have knowledge of the course of treatment based upon his review of the medical records. Additionally, Plaintiff's o...

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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... 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: ...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...

Excerpt: ... to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850. There is a genuine issue of material fact only if the evidence would allow a reasonable 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�...

Excerpt: ...o. (2001) 25 Cal. 4th 826, 850. There is a genuine issue of material fact only if the evidence would allow a reasonable 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...

Excerpt: ...se of action.” CCP § 430.10(e). Timeliness. “A person against whom a complaint or cross‐complaint has been filed may, within 30 days after service of the complaint or cross‐complaint, demur to the complaint or cross‐ complaint.” CCP § 430.40. That code section “thus uses the permissive expression ‘may,' not the mandatory term ‘must.' ” McAllister v. County of Monterey (2007) 147 Cal. App. 4th 253, 280. The “time limitation...

Excerpt: ...ditional work for the Court, and Plaintiff's counsel is advised to comply with Rule 3.1324 in the future. CCP § 473(a)(1) permits any pleading to be amended in further 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. “If the motion to amend is timely made and the granti...

Excerpt: ...mendment”) provide that net proceeds shall be distributed first 9 to reimburse Mr. Sarid for the $4,422.38 in tax payments, and then to reimburse Mr. Sarid for the $174,000 down payment for the subject property. Any shortfall shall be attributed to Mr. Austin Cohen by way of a judgment if not paid within 30 days. The Amendment, entered into shortly before the close of escrow on the property, provides for the Court to determine allowable expendi...

Excerpt: ...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 take judicial notice of the existence of pleadings in that case, the Court declines to take judicial notice of t...

Excerpt: ...pposition.” The opposition was not in fact late due to the recent court closure in response to the coronavirus. The objection is OVERRULED. Form Interrogatory 15.1: This interrogatory requires a responding party to respond separately to each denial of a material allegation and each special or affirmative responses. Each separate responses must provide supporting facts and identify witnesses and documentation. Defendant has alleged 39 separate a...

Excerpt: ... triable issues of material fact. As a preliminary note, a significant portion of Plaintiff's Opposition to the motion is devoted to issues related to a future motion to amend. The Court declines to consider these arguments. “[T]he pleadings determine the scope of relevant issues on a summary judgment motion.” Nieto v. Blue Shield of Calif. Life & Health Ins. Co. (2010) 181 Cal. App. 4th 60, 74. A defendant moving for summary judgment need on...

Excerpt: ...d Defendant had a financial transaction, Plaintiff kept an account of the debits and credits involved in the transaction(s); and Defendant owes Plaintiff $2,426.16, all of which comprise entitlement to judgment on an open book account claim. Plaintiff's evidence establishes that Plaintiff and Defendant, by words or conduct, agreed that the amount stated in the account was the correct amount owed to Plaintiff; Defendant, by failing to cancel the a...

Excerpt: ...the motion has been filed more than six months after the dismissal, so the mandatory terms of CCP § 473(b) are inapplicable. There is no reason for the Court to consider exercising its discretion to relieve Plaintiff from the dismissal order, based upon the Declaration of Maria Bradish. At no time has the Plaintiff exercised diligence in this case. The Complaint was filed In March of 2018. 1) Plaintiff failed to timely serve the complaint until ...

Excerpt: ...udicial Notice. The motion requests the Court take judicial notice of its own order of January 27, 2020. The request is GRANTED. Legal standard for a motion for protective order. “Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order.” CCP § 2025.420(a). “The court, for good cause shown, may make any order justice requires to protect a p...

Excerpt: ... in the other, show satisfactorily that sufficient grounds exist therefor.” Preliminary injunctive relief is available to a party “who demonstrates either: (1) a combination of probable success on the merits and the possibility of irreparable harm; or (2) that serious questions are raised and the balance of hardships tips in its favor.” (internal citations omitted) El Pollo Loco, Inc. v. Hashim (9th Cir. 2003) 316 F.3d 1032, 1038. These fac...

Excerpt: ...oinder of that party would have been permitted by the statutes governing joinder of parties.” CCP § 428.20. The Court finds that the proposed cross‐complaint arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in the complaint. Specifically, the proposed cross‐complaint alleges causes of action for equitable indemnification, express indemnity, and decla...

Excerpt: ...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) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed 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 demur...

Excerpt: ... “any matter relevant to the leave requested,” which includes but is not limited to: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. 2 (3) Any likelihood that permitting the discovery or hearing the discovery motion will pre...

Excerpt: ... “any matter relevant to the leave requested,” which includes but is not limited to: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. 2 (3) Any likelihood that permitting the discovery or hearing the discovery motion will pre...

Excerpt: ... GRANTED. Merits of the Motion: CCP §396b(b) provides in relevant part: In its discretion, the court may order the payment to the prevailing party of reasonable expenses and attorney's fees incurred in making or resisting the motion to transfer whether or not that party is otherwise entitled to recover his or her costs of action. In determining whether that order for expenses and fees shall be made, the court shall take into consideration (1) wh...

Excerpt: ...t, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any. With respect to actions involving public entities, this section applies t...

Excerpt: ...icant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any. With respect to actions involving public entities, this secti...

Excerpt: ...al. App. 4th 1462, 1468. CCP § 1281.2 requires the court to grant a petition to compel arbitration where it determines that an agreement to arbitrate the controversy exists. “When presented with a petition to compel arbitration the trial court's first task is to determine whether the parties have in fact agreed to arbitrate the dispute.” Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal. App. 4th 50, 59. A party seeking to compel ...

Excerpt: ...ear the motion on its merits. Request for Judicial Notice. The Court may take judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the United States” under Evidence Code section 452(c). Further, under § 452(b), the Court is permitted to take notice of “[r]egulations and legislative enactments issued by or under the authority of the United States or any public e...

Excerpt: ...hould pursue claims against, and that if a claim was submitted to the City, it would be denied and forwarded to the lessee of the property. In the months following, counsel for the Petitioner's legal assistant corresponded with several insurers. On July 8, 2019, the insurer rejected the claim and suggested it be forwarded to the City of Redding, who was responsible for the maintenance of the parking lot. Petitioner ultimately submitted a claim an...

Excerpt: ...rial.” CRC Rule 3.1332(c)(7). Counsel's vacation has been found to be good cause (albeit in a stipulated continuance). See Cotton v. StarCare Medical Group (2010) 183 Cal. App. 4th 437. Trial counsel's engagement in another trial is good cause. See, e.g., Oliveras v. County of Los Angeles (2004) 120 Cal. App. 4th 1389. In determining whether to grant or deny a motion to continue, the Court considers a number of factors, as outlined in CRC 3.133...

Excerpt: ...erved on the third party. CRC 3.1346. No proof of service was filed in this matter, however, a responsive pleading by the Defendants indicates that service of the motion was made by mail on December 13, 2 2019. Furthermore, the motion is untimely under CCP § 2025.480, which requires the motion to compel attendance at a deposition “shall be made no later than 60 days after the completion of the record of the deposition.” Although the motion i...

Excerpt: ... the Court can also retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. The parties entered into a settlement orally in open court on June 24, 2019. The terms of the settlement were memorialized by the Court in writing and signed by both parties and attached to the minute order of June 24, 2019. The settlement provided that Defendant would pay the amount of $15,000.00, plus 7% i...

Excerpt: ...e the motion has not been withdrawn, the Court will rule on the merits. Legal authority. Which county constitutes the proper venue in a particular case is determined according to CCP § 392 et seq. In applying these statutes, courts generally look to the main relief sought, as determined by the complaint. See Massae v. Superior Court (1981) 118 Cal.App.3d 527, 530. A defendant is entitled to have an action tried against him in his county of resid...

Excerpt: ... However, even if the motion were to have been filed in a timely fashion, it is unlikely that the Court would grant it on the merits. There is no absolute right to counsel in civil cases. Payne v. Superior Court (Los Angeles) (1976) 17 Cal. 3d 908. A trial court is to exercise its “sound discretion” in determining the appropriate method by which to ensure meaningful access to the court. Jameson v. Desta (2009) 179 Cal. App. 4th 672, 678. Want...

Excerpt: ...ion rather than merely convenient or beneficial to its preparation and “reasonable in amount.” CCP § 1033.5(c)(2) and (3). The right to costs is statutory in nature and a court has no discretion to award costs not authorized by statute. Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774. However, the court does have the power to disallow costs “allowable as a matter of right” if they were not “reasonably necessary,”...

Excerpt: ...l basis upon which they are entitled to relief under CCP § 430.10(e), specifically as to a duty owed. As such, the pleadings fail under CCP § 430.10(f) as uncertain. Defendant requests in a footnote that the Court take judicial notice of the original complaint. The request for judicial notice, although procedurally deficient, has not been objected to and is therefore GRANTED. The present case arises from Plaintiff's fall from a bunk bed or slee...