Excerpt: ...ant move pursuant to CCP § 473(b) to set aside his default taken on September 13, 2022. CCP § 473(b) provides in pertinent part: “The 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. Application for this relief shall be accompanied by a copy of the...

Excerpt: ...eement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” CCP § 1021. Allowable costs include “Attorney's fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law.” CCP § 1033.5(a)(10). (a) In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, s...

Excerpt: ...ithin the time allowed by the Court after Defendant's Demurrer was sustained with leave to amend. Merits. CCP § 581(f)(2) provides that “the court may dismiss the complaint as to that defendant when: (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal.” Section 597 relates to the tria...

Excerpt: ...ive from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. This relief is typically discretionary relief; however, the relief is mandatory when the motion is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect under Section 473(b). Plaintiff's counsel has submitted evidence that dismissal ...

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