Excerpt: ...0,947.23 U.S. Currency v. Randall Keith Laskowsky and Transpart Warehouse, Inc., Case No. 20 MSE 0002, after hearing on June 16, 2020, pursuant to Penal Code SS 1539 and 1540. The June 2020 Order directed the return of monies seized pursuant to Shasta County Search warrant #2020-149, from a Chase Account 2991, and a Tri-Counties Account 4399. Claimant alleges a portion of the monies have been returned ($113,013.26), but a balance of $11,278.69 pl...

Excerpt: ... in the subpoena are grossly overbroad and far more injurious to Plaintiff's privacy interest than any possible probative value Defendant would obtain from it. Plaintiff contends the subpoena only serves the purpose of harassing Plaintiff and invading her privacy. Plaintiff also contends the information sought can be obtained by other means less intrusive. Plaintiff also contends the information sought is irrelevant. As discussed below, the Court...

Excerpt: ... pleading, or any part thereof, including single words or phrases. Stearns Ranchos v. Atchison Topeka & Santa Fe Railway (1981) 19 Cal.App.3d 24. It is proper for the Court to strike any irrelevant, false or improper matter. CCP S 436(a). The Court can also strike any part of a pleading that is not drawn or filed in conformity with California law. CCP S 436(b). The proper procedure for testing the adequacy of punitive damages is a motion to strik...

Excerpt: ...n showing good faith efforts to meet and confer prior to filing the motion. CCP SS and 2031.310(b). The moton was supported by a declaration which provides the 4 alleged good faith meet and confer efforts. Defendant vehemently disputes that Plaintiff met and conferred in good faith. A review of the evidence provided by both parties shows that substantial meet and confer efforts did take place but that ultimately they were unsuccessful. It appears...

Excerpt: ...rance 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. Leave to amend should be liberally granted so long as there is no statute of limitations issue or prejudice to the opposing party. Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240. Here, neither party has addr...

Excerpt: ...motion. CRC 3.1345. This did not occur. Without service on Ms. Whipple, the Court is without jurisdiction to enter the order. Since Ms. 5 Whipple is a former employee of Defendant, the Court cannot compel it to produce her for deposition. The motion is DENIED. A proposed order was with the Court which will be modified to conform to the Court's final ruling. Tentative Ruling on Motion to Compel Deposition of Defendant Shlomo Rechnitz: Plaintiffs m...

Excerpt: ...(f). 3 Merits of Motion: A party may object to the complaint by filing a demurrer. CCP S 430.10. 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 can also be brought on the grounds that the pleading is "uncertain." CCP S 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a...

Excerpt: ...ime, no response to the OSC has been filed, however, Plaintiff has sent several letters to the Court. Although the 2 correspondence was not in an appropriate format for filing, and some appeared to be ex parte communications, as Plaintiff is the only party to have made an appearance in this case, in the interest of justice, the Court chose to consider the correspondence. The Court starts this analysis with the principle of providing in propria pe...

Excerpt: ... CCP S 564.5 prov-des 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 cwer the parties to enforce the settlement until performance in full of the terms of the settlement. ld. In this action, the parties entered into a Conditional Stipulated Settlement. Defendant executed the...

Excerpt: ...ature and was not filed by fax. The Court further notes that an Opposition to this matter was due to be filed no later than March 7, 2023. Filing on March 13, 2023 would have been untimely. The Court has the discretion to not consider late filed papers. CRC 3.1300(d); Rancho Mirage Country Club Homeowners Assn. v. Haselbaker (2016) 2 Cal. App. 5th 252. However, due to the attempt to file an Opposition, the Court will entertain an oral opposition ...

Excerpt: ... compelling further responses if: 1) the response to a request for production is incomplete; 2) a representation of inability to comply is inadequate, incomplete, or evasive; or 3) an objection to the request is without merit or too general. CCP S 2031.310(a). A motion to compel further responses for production must show "good cause" for the request. CCP S 2031.310(b)(1). "Good cause" can be established by showing the request was made in good fai...

Excerpt: ...rce the terms of the settlement agreement, if continued jurisdiction is agreed to by the parties. The agreement of the parties alone is insufficient; a request must be made to the Court. See Mesa RHF Partners, LP. v. City of Los Angeles (2019) 33 Cal. App.5th 913, 918. If the case is voluntarily dismissed without the request, the Court does not retain jurisdiction under CCP S 664.6. ld. Here, no such request was made to this Court and the achon w...

Excerpt: ...on over him or her. CCP S 418.10. A plaintiff has the burden of "establishing by a preponderance of the evidence that minimum contacts exist between the defendant and the forum state to justify imposition of personal jurisdiction." See Greenwell v. Auto-owners Ins. Co. (2015) 233 Cal.App.4th 783, 789. In order for California to exercise personal jurisdiction over a foreign defendant, a plaintiff must establish that the court has either general or...

Excerpt: ...Superior Court, naming Shasta County, Shasta County Sheriff's Department, and Doesl- 25 as Defendants. The matter arises out of an incident in April of 2019, wherein Plaintiff and her husband were arrested and placed into custody at the Shasta County Jail for an alleged verbal dispute. Plaintiff alleges she was subjected to excessive force when a deputy shoved her into a concrete wall, threw her on the ground, and got on top of her. (Complaint p....

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: ...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: ...rther responses if the responses are evasive/incomplete. CCP § 2030.300(a)(1). Plaintiff moves for a further response to Special Interrogatory No. 14. That interrogatory sought the names and addresses of Defendant's employees. Defendant's response was that the information would be provided in a separate document. Despite this response, no separate document was ever provided. Based on the foregoing, the Court finds that Defendant's response to Sp...

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: ...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: ...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...