Excerpt: ...e objections to be raised in the demurrer.” Defendant provided no evidence of this and did not file a declaration addressing meet and confer efforts as required by CCP § 430.41(a)(3). However, Plaintiff did not raise an issue regarding meet and confer efforts and De fendant alleged in the Notice of Motion that counsel wrote a meet and confer letter to Plaintiff's counsel. “A determination by the court that the meet and confer process was in...

Excerpt: ... filed Decemb er 7, 2023. This request is granted pursuant to Evid. Code §§ 452(d) and 453. Meet and Confer. CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for t he purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Katharine McCallum provide...

Excerpt: ...Reques t for Judicial Notice. The Court further notes that the Declaration of Andrew S. Pletcher provides evidence establishing how each of the documents in Requests 2 -8 (Ex. A -G) were obtained. Plaintiffs' Requests for Judicial Notice are granted pursuant to Ev id. Code §§ 452(h) and 453. Post jurisdictional discovery, Plaintiffs also requested the Court take judicial notice of three maps from Google Maps pursuant to Evid. Code §§ 452 and ...

Excerpt: ... Commission now moves to change venue pursuant to Code of Civil Procedure section 394. Plaintiffs oppose the motion. The parties agree that Shasta County is an appropriate initial venue for filing. They disagree as to whether section 394, a removal statute, app lies in this case. Code of Civil Procedure section 394 provides, in pertinent part: [A]ny action or proceeding brought by a county, city and county, city, or local agency within a certain...

Excerpt: ...nly known a s a Pitchess motion. See Pitchess v. Superior Court (1974) 11 Cal.3d 531. Pitchess motions have been codified in Evid. Code § 1043 which requires a written motion in both civil and criminal actions. Evid. Code § 1043(a). The motion shall include: “1) identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the ...

Excerpt: ...erica (Saf eco) is Plaintiff's alleged insurer. Safeco demurs to the Second Cause of Action of Plaintiff's First Amended Complaint (FAC), on the grounds that it fails to state facts sufficient to constitute a cause of action against Safeco pursuant to CCP 430.10(e). Meet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the ...

Excerpt: ... state facts sufficient to constitute a cause of action pursuant to CCP § 430.10(e). Meet and Confer: CCP § 430.41 requires the demurring party to “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 demurrer.” The Declaration of Peter Witherington indicates complia...

Excerpt: ... discovery law provides for a broad range of sanctions for conduct that amounts to abuses of the discovery process including evidentiary and issue sanctions. Cedars -Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12. The spoilation of evidence can be a n abuse of discovery. Id. Spoilation of evidence is defined as “the destruction or alteration of relevant information or the failure to preserve evidence for another party's use in ...

Excerpt: ...that i t is uncertain and fails to state sufficient facts for a cause of action. Plaintiffs oppose the demurrer. Meet and Confer: CCP § 430.41 requires the demurring party to “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 demurrer.” The Declaration of Ian Schar...

Excerpt: ...ovides t hat “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other ...

Excerpt: ...73. Plaint iffs allege Kacalek suddenly and unexpectedly lost consciousness while en route to an emergency call, causing the Subject Vehicle to go off the road and overturn. Plaintiffs Ryan and Charity Kacalek allege Strict Product Liability and Negligence [Product Liability] against Defendants Faurecia USA Holdings, Inc. and Faurecia Emissions Control Technologies USA, LLC (“Defendants,” for purposes of this Motion). Plaintiffs allege design...

Excerpt: ...the Third Amended Complaint. The Cross- Complaint filed on January 12, 2022 contains nine separate causes of action. The Answer filed on March 25, 2022 alleges twenty affirmative defenses to the Cross -Complaint. Plaintiff does not state in the Notice of Motion whether Plaintiff is proceeding with a motion for summary judgment on the Complaint, the CrossComplaint, or both. Instead, the Notice states that Plaintiff prays “That the Court issue ...

Excerpt: ...d with the Second Amended Notice of Taking Deposition of Witness Jonathan Martin and Request for Production of Documents on September 15, 2023. The Second Amended Notice noticed a Deposition of Jonathan Martin on October 18, 2023. Defendant also provided a Depo sition Subpoena compelling Jonathan Martin to appear on October 18, 2023, with an attached Proof of Service indicating that Jonathan Martin was personally served with the Deposition Subpoe...

Excerpt: ...or, managi ng agent, employee, or agent most qualified in the following categories: 1. Research and Development of any and all stanchions built on Defendant Sierra Pacific Industries' Property. 2. Safety measures/concerns/or considerations taken into account in the d esign of all stanchions built on Defendant Sierra Pacific Industries' Property. 3. Any and all differences between the subject stanchion involved in Plaintiff's injury and the new...

Excerpt: ... or impro per matter inserted in any pleading;” or 2) “strike out all or any part of any pleading not drawn in conformity with the laws of this state.” CCP § 436(a) & (b). A motion to strike is the proper method to challenge an improper request for punitive damage s. Caliber Bodyworks, Inc. v Superior Court (2005) 134 Cal.App.4th 365, 385. In order to seek punitive damages, a plaintiff must plead that the defendant was guilty of oppression...

Excerpt: ...f America (Safeco) is Plaintiff's insurer. Safeco moves for an order severing Plaintiff's claims against Safeco from Plaintiff's claims against Defendants Simao, Rayfifield, and Reservoir Lane, LLC, pursuant to CCP § 598 and § 1048(b), Evid. Code § 1155, and the Court's inherent powers. These code sections do not directly support a motion to sever related to claims at the outset of litigation. “Although judges and lawyers commonly use the ...

Excerpt: ...otion for Summa ry Judgment and other related matters.” As this motion is included in the limited scope representation, Melvin S. Hodges may appear on behalf of Plaintiff for the limited purpose of this motion. Merits. “To ensure the prompt disposition of civil cas es, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” CRC 3.1332(a). “Although continuances of trials are ...

Excerpt: ... 5, 2024 for a Final Approval Hearing. No oral objections were made on February 5, 2024. The Final Approval Hearing was continued to today's date because a declaration was not filed and additional information was necessary. This information has been provided. F inal Approval of the Settlement. The parties agreed to settle the case for $675,000.00. The breakdown of the settlement is as follows: Total Settlement Amount 675,000.00 Proposed Attorney...

Excerpt: ...tatemen t of Non-Opposition to the Motion. Merits: The law favors the settlement of lawsuits, particularly in complex litigation, where they save time and resources. Neary v. Regents of the University of California (1992) 3 Cal. 4th 273, 277 -281 (superseded by statute on other grounds). However, courts cannot automatically and instantly approve a proposed settlement or dismiss a class action suit, even if the representative plaintiff and defenda...

Excerpt: ...is uncertain and fails to state su
¯icient facts for a cause of action. Plainti
¯s oppose the demurrer. Defendant Chapman has Þled a Notice of Hearing directed to all parties and their attorneys of record, however there is no proof of service on Þle. Additionally, no Declaration has been Þled 2 regarding compliance with meet and confer requirements of CCP § 430.41. Proof of service must be Þled no later than Þve court days before the time...

Excerpt: ...Agreement Þled with the Court on September 16, 2022. This request is granted pursuant to Evid. Code §§ 452(d) and 453. 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 also retains jurisdiction over the parties to enforce the settlement until performance in full of the...

Excerpt: ...ling a motion to strike. No evidence of meet and confer e
¯orts has been provided. However, a determination by the Court that meet and confer e
¯orts were insu
¯icient is not a ground upon which a motion to strike can be granted or denied, therefore, the Court will issue a ruling on the merits. 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...

Excerpt: ...vil Procedure Section 1021.5. Respondent opposes the motion. Background: On April 10, 2023, this Court issued a Ruling on Writ of Mandate ordering County to release the records sought. In that Ruling, the Court found the Petitioner was the prevailing 3 party entitled to reasonable attorneys fees and costs according to proof. On April 28, 2023, County Þled a M oti on to Vacate th e R ul i n g or i n th e A ltern ati ve fo r a N ew Tri al , a n d ...

Excerpt: ...he Vilchez Declaration are OVERRULED. Song-Beverly: The Song- Beverly Act contains a cost-shifting provision that speciÞcally allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. § 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...

Excerpt: ...Knollcrest (“Ingersoll Defendants”) have Þled a separate demurrer, on the same grounds. Plainti
¯ Devinne Goodale 2 opposes the motions. Plainti
¯ presented to Defendants' oral surgery center, Riverside Oral Surgery (“Riverside”), on June 29, 2022 for a tooth extraction. Plainti
¯ alleges that she chose Riverside based upon representations on its website, speciÞcally a link to Yelp reviews of the practice, and the compassion and prof...

Excerpt: ... the Decedents. Plainti
¯s have Þled competing motions to compel the inspection of the same records pursuant to CCP §§ 2017.010, 2031.010, 2031.310 and 2031.320. Both sides have requested sanctions. The crux of the present dispute is the scope of access to be provided to the Plainti
¯s. The parties appear to agree that the Decedent's medical records are discoverable and can be obtained through an inspection. Plainti
¯s request access to Def...

Excerpt: ...material fact and that the moving party is entitled to a judgment as a matter of law. CCP § 437c(c). A plainti
¯ has met his burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plainti
¯ has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists ...

Excerpt: ...at is contained within the motion reflects service by electronic service and mail service on Plaintiff on December 19, 2023. "A party seeking dismissal of a case under Code of Civil Procedure sections 583.410- 583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion." CRC 3.1342(a). The notce provided to Plaintiff does not comply with CRC 3.1342(a). Defendant alternatively moves for terminating...

Excerpt: ...on of Stewart Altemus in which counsel provides evidence of custom and practice for construction projects. This objection is sustained on the grounds that counsel is not an expert. Plaintiff also objects to what are framed as misstatements of the evidence and statements not supported by evidence. These objections are overruled. 80th parties object to spreadsheets provided. These objections are overruled. Defendant objects to Plaintiff's counsel p...

Excerpt: ...on of Eric J. Jun provides sufficient evidence of meet and confer efforts. Merits. The court may, upon a moton 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 this state, a court rule, or an order of the court. CCP S 436 A...

Excerpt: ...hat on any action on a contract where the contract prov-des for attorney's fees, the prevailing party on the contract shall be entitled to attorney's fees in addition to other costs. A prevailing party is defined as the party with a net recovery, a defendant in whose favor a dismissal is entered, a defendant when neither side obtained any relief and a defendant as against a plaintiff who do not reccwery any relief against defendant. CCP S 1032. I...

Excerpt: ...nter judgment pursuant to the terms of a settlement agreement entered into in writing, or orally before the Court. At a mandatory settlement conference on July 19, 2023, Plaintiffs and Defendants Dustin Mitchell and Sierra Severson (hereinafter "Defendants") entered into an oral settlement on the record before the Court. Defendants agreed to pay Plaintiffs the sum of $20,000. The parties agreed the settlement would be made pursuant to CCP S 564.4...

Excerpt: ...s of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code S 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code SS 11488.4 and 11488.5. For a judicial forfeiture the District Attorney's Office (or other agency) is required to file a Petiton for Forfeiture. Health and Safety Code S 11488.4(a). The Petition for Forfeiture must be served on the individ...

Excerpt: ...al notice. Objections to Evidence: Defendant's Objections Nos. 1-3, 6 and 7 are SUSTAINED. Defendant's Objections Nos. 4, 5 and 8- 15 are OVERRULED. Defendant's Objection to Mr. Obagi's declaration filed in support of the reply is SUSTAINED. Entitlement to Attorney's Fees: Plaintiff's operative Second Amended Complaint alleged a single cause of action under Labor Code S 1102.5 for retaliation. Plaintiff prevailed on that cause of action at trial ...

Excerpt: ... ex rel. Strathmann v. Acacia Rsch. Corp. (2012) 210 Cal. App. 4th 487, 505—06 (internal citations omitted). The moton is dropped from calendar as moot. Tentative Ruling on Motion to Sever: This suit arises out of fire damage to real property owned by Plaintiff Alexander Family Trust. Plaintiff alleges the fire was caused by sunlight refraction from a glass bulb negligently left outside at an adjoining property owned by Defendant 2584 Reservoir...

Excerpt: ...ce Statement on December 21, 2023 that notes that the parties are in agreement with the Motion for Preliminary Approval being heard today. Therefore, the Court will proceed on the merits. The settlement in this matter is a nan-reversionary settlement that consists of both a $200,000 payment by Defendant and changes to certain policies and practices that Defendant has agreed to keep in place for five years following judgment in this matter. The pr...

Excerpt: ... Proof of Service for the Amended Petition, the Judgement by Default filed on December 10, 2021, and the Inventory filed on January 18, 2022, all of which are from Shasta County Case No. 21CV0433. Defendants also request the Court take judicial notice of the Order Compelling Responses to Form Interrogatories, Special Interrogatories, Request for Admissions, and Request for Production filed on January 18, 2023, in this matter (Shasta County Case N...

Excerpt: ...d Plaintiffs' Motion to Compel Depositions of four GM employees. The minutes state: "Defendant GM is ordered to produce the employees for deposition no later than 15 days after the entry of the Court's Order on this Motion. Plaintiffs shall prepare a new order consistent with today's ruling." The minutes also indicate the Court stated on the record that Plaintiffs shall prepare and submit the Order consistent with the Court's ruling regarding the...

Excerpt: ...r a trial are firm. All parties and their counsel must regard the date set for trial as certain. (c) Grounds for contnuance Although continuances of trials are disfavored, each request for a continuance must be considered on fts own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or exper...

Excerpt: ...g contract. "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided." CCP S 1021. Allowable costs include "Attorney's fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law." CCP S 1033...

Excerpt: ...The PMQ was deposed on November 29, 2023 pursuant to the parties agreement. Plaintiff alleges that the PMQ testified as to categories 1-2, and 9-13 only, and refused to testify as to the remaining categories. GM argues that the PMQ provided full and complete testimony on all categories. Plaintiff's Reply 2 includes excerpts from the deposition, which establish the PMQ was offered for testimony on categories 1-2 and 9-13 only (Oaks Deposition 8:15...

Excerpt: ...service on those defendants must be filed with the court within 50 days after the filing of the complaint." CRC 3.110(b). A Proof of Service of Summons is on file for Defendant David Caleb Willis indicating service of the Complaint on November 29, 2021. A Proof of Service of Summons is on file for Defendant Andrea Johnson indicating service of the Complaint on November 29, 2021. Responsive pleadings should have been on file within 30 days of serv...

Excerpt: ...ovide verifications to the unverified responses served on October 20, 2023, for further responses to the respective discovery and for sanctions. Verifications: California law requires all discovery responses to be executed under oath. See CCP SS 2030.250(a), 2031.250(a) and 2033.240(a). An unverified response is tantamount to no response at all. Melendrez v. Superior Court (2013) 215 Cal.App.4th 1343, 1348. It is undisputed that Defendant's Octob...

Excerpt: ...2022, Counsel stipulated to substituting Claudia Hostetter as Administrator of the Estate of Harold Engel as Plaintiff. Defendants now move to disqualify Attorney Thomas Andrews from representing Claudia Hostetter, Mary Collum, and Jennifer Rech. Only Claudia Hostetter, in her capacity as Special Administrator, is a party to this action. Plaintiff opposes the Motion, arguing the Motion is unsupported by admissible evidence. Merits: "A trial court...

Excerpt: ...ocess by failing to respond to the discovery requests that are subject to the Court's Order dated August 7, 2023. The discovery requests at issue in the previous Motion to Compel are Plaintiffs' Request for Production, Set One, Request for Admissions, Set One, Form Interrogatories, Set One, and Special Interrogatories, Set One. The Court ordered that Defendant provide responses within fifteen days of the Notice of Entry of Order. Notice of Entry ...

Excerpt: ...ith 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 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." Here, the demurring party admittedly has not m...

Excerpt: ...rer: A general demurrer should be sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the party does not have legal capacity to sue or there is a misjoinder of parties. CCP S 430.10(b) & (d). 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) ...

Excerpt: ...ling, this was corrected to Department 8. Because Defendant was served prior to filing, the clerk stamped the Notice with the following: "NOTICE Time and/or dept. have been changed. Moving party shall give notce of change to all parties." Nothing has been filed indicating that Defendant was provided notice of the correct department. Request for Judicial Notice. Plaintiff requests the Court take judicial notce of the Stipulation Agreement filed wi...

Excerpt: ... are seven specific objections that the Court lists sequentially starting with the first. 1. Overruled as to each objection with the exception of the sentence starting with "As evidence of his assertion" for which the Evid. Code S 1152 objection is sustained. That sentence is stricken. 2. Overruled as to each objection. 3. Overruled as to each objection. 4. Overruled. 5. Overruled as to each objection. 6. Overruled as to each objection. 7. Overru...

Excerpt: ...facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether 4 the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 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 materi...