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...