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: ...ent 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 terms of the settlement. Id. In this action, the parties entered into a Conditional Stipulated Settlement. Defendant executed the agreement on August 25, 2016 while Plaintiff executed the agreement on Sep...

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: ... be sustained if the complaint fails to “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact...

Excerpt: ...ant first appeared on 4/15/21 (21 months ago). The interrogatories which are the subject of this motion were served on 12/2/22. The discovery cut‐off is the same day as the hearing of this motion, 1/30/23 (now extended by stipulation to 2/6/23). Despite what the Court considers extensive meet and confer efforts, responses to form interrogatories 16.3 through 16.6 remain incomplete. The Court finds the response to interrogatory 16.1 is adequate....

Excerpt: ...mplaint. Merits of Motion: Plaintiff has alleged a common count causes of action to collect on a debt. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'” Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460. The complaint contains a statement of the indebtedness, that money was loaned, that the the...

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: ...nt request judicial notice of prior pleadings in this action and prior pleadings filed in Cossuto v. Estate of Michael Garrett et. al. (Shasta County Case No. 196776). No objections have been raised to the request. The request for judicial notice is GRANTED. Merits of Motion: A party may object to the complaint by filing a demurrer. CCP § 430.10. A demurrer lies if the court has no jurisdiction over the subject cause of action. CCP § 430.10(a)....

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: ...nadvertence, surprise, or excusable neglect. This relief is typically referred to as discretionary relief under Section 473(b). 3 This relief can be based on counsel's conduct but it still requires that any neglect be excusable before relief can be granted. Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 65. To determine whether a mistake was excusable, the court will inquire whether the same error might have been made by a reasonab...

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: ...has not yet appeared, personal service is required. CCP § 512.030(b). A proof of service by mail for Defendant Dennis Conrad has been filed. Dennis Conrad has not yet appeared and therefore personal service was required. No proof of service has been filed for Defendant Jane Doe Conrad. The Court finds that neither Defendant has been properly served with the Writ. The writ is denied due to lack of proper service. Additionally, the application is ...

Excerpt: ...2: OVERRULED Objection No. 3: OVERRULED Objection No. 4: OVERRULED Objection No. 5: OVERRULED Objection No. 6: OVERRULED Objection No. 7: OVERRULED Objection No. 8: OVERRULED Objection No. 9: OVERRULED Objection No. 10: OVERRULED Objection No. 11: OVERRULED Objection No. 12: OVERRULED Objection No. 13: OVERRULED Objection No. 14: OVERRULED Objection No. 15: OVERRULED Objection No. 16: OVERRULED Objection No. 17: OVERRULED Motion for Summary Judgm...

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

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

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

Excerpt: ... be used to facilitate particular provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code §§ 11488.4 and 11488.5. For a judicial forfeiture the District Attorney's Office (or other agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The Petit...

Excerpt: ...ntical terms. Merits of Motion: 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). A trial court must approve a class 2 action settlement agreement and may do so only after determining it is fair, adequate, and reasonable. It is vested with broad discretion in m...

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: ...eadowview Drive, #500 in Redding, CA. Provision 26 of the Lease provides that in any action…the prevailing party will be entitled to reasonable attorney fees, expert witness fees, and costs. Following a two day trial on February 23‐24, 2022, this Court ruled the lease was legally terminated, effective June 1, 2020 following proper service of a 24 month notice of termination on Defendant per the terms of the Lease. The Court further declared P...

Excerpt: ...ther the costs are appropriate. 2 The Song‐Beverly Act contains a cost‐shifting provision that specifically allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. § 1794(d). The Consumers Legal Remedies Act also contains a mandatory fee provision for a prevailing plaintiff. Civ. C. § 1780(e). An attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing ...

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: ...ive demands, including unreasonable violations of the right of privacy. Id. A party may obtain discovery related to any matter, if the matter itself is admissible or reasonably calculated to lead to the discovery of admissible evidence. CCP § 2017.010. However; privileged information is not discoverable. CCP § 2017.010. The subpoena challenged by this motion was issued by Plaintiffs to Defendants' insurance company CSAA. CSAA is providing a def...

Excerpt: ...f 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 defendant have agreed on the terms of such settlement or dismissal. In a class action, the trial court has a duty to adequately protect the members of the class. Bingham v. Obledo (1983) 147 Cal. App. 3d 401,...

Excerpt: ...ext day. (UMF 6, 8.) At the time of the loss, the total limits of coverage under the Policy were $685,372.50. (UMF 7.) Pursuant to Plaintiff's claim and subsequent mediation, Defendant has now paid all amounts possibly due under the Policy. (UMF 44‐46.) Plaintiff contends that Mid‐Century incorrectly estimated the dwelling limit, and as a result Plaintiff was substantially underinsured. (Plaintiff's Additional Material Facts “AMF” 41.) 6 ...

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: ...eizure 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 Petition for Forfeiture must be served on the individuals from whom the property was seized. 4 H...

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: ...ff has alleged a common count causes of action to collect on a debt. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'” Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460. The complaint contains a statement of the indebtedness, that money was loaned, that the there is an open book or account stat...

Excerpt: ...o “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente...

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: ...e facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified ...

Excerpt: ...n an action, one or more affirmative defenses, one or more claims for damages, or one or more issues 4 of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or...

Excerpt: ...P § 436(a). The Court can also strike any part of a pleading that is not drawn or filed in conformity with California law. CCP § 436(b). Here, Defendant moves to strike Plaintiff's claim for attorney's fees. California generally follows the American Rule related to attorney's fees, which provides that each party ordinarily pays his or her own attorney's fees. Varney Entertainment Group, Inc. v. Avon Plastics, Inc. (2021) 61 Cal.App.5th 222, 229...

Excerpt: ...t pursuant to CCP §§ 598 and 1048(b). Merits of Motion: Pursuant to CCP § 1048(b) the Court may order a separate trial on any cause of action or issue in furtherance of convenience or to avoid prejudice or when separate trial will be conducive to expedition and economy. CCP § 598 also provides for bifurcation for the convenience of witnesses, the ends of justice or for the economy of efficient handling of the litigation. The objective of bifu...

Excerpt: ..., Inc. et al was filed on January 9, 2020. The Wade matter was filed under the Private Attorney Generals Act of 2004 (“PAGA”). The proposed settlement is $1,000,000. The breakdown of payments, costs, and fees from the proposed settlements are as follows: Total Settlement Amount $1,000,000 Proposed Attorneys' Fees (35%) ‐$350,000 Litigation Costs and Expenses ‐$25,004.46 Settlement Administration Costs ‐$18,000 PAGA Claim Settlement Allo...

Excerpt: ... Plaintiff also seeks $24,145.80 in costs and expenses against Lithia and GM jointly and severally. This matter settled and the Plaintiff was deemed to be the prevailing party entitled to attorney's fees upon motion. The issues are whether the attorney's fees are reasonable, and whether they should be apportioned between Defendants Lithia and General Motors. The Song‐Beverly Act contains a cost‐shifting provision that specifically allows prev...

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

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

Excerpt: .... Plaintiff is a BoardCertified Clinical Specialist in Orthopedic Physical Therapy. Plaintiff applied for the positon of Director of Physical Therapy at Defendant's Baas Clinic in or around April 2019. He applied through a recruiting agency, Delta Physician Placement. Delta typically charges $18,000 for a placement in addition to other costs (including loss of production, travel, lodging and relocation expenses). The total cost for placement to D...

Excerpt: ... 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 plaintiff's allegations must be accepted as true for the pur...

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

Excerpt: ... a motion requesting the court deny the application. On June 5, 2022, Defendant River Knolls filed an Application for Determination of Good Faith Settlement. It sought approval of a $100,000 settlement payable by River Knolls to Plaintiff. Defendant City of Redding filed the present motion requesting the Court deny the Application on July 27, 2022. A good faith determination bars any other joint tortfeasors or co‐obligors from any further claim...

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

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