Excerpt: ...r work in this region. Said determination is not necessary based on the nature of the calculations and the Court's analysis of the applicable lodestar. 4 the attorney‐client relationship is grounds for allowing an attorney to withdraw. Estate of Falco v. Decker (1987) 188 Cal. App. 3d 1004, 1014. However, the Plaintiff in this case is a minor with an appointed Guardian Ad Litem (“GAL”). “[T]he court has a duty to see that the minor's righ...

Excerpt: ...eys' Fees, Costs, and Enhancement Payment was filed on August 23, 2021, along with supporting declarations. The motion is unopposed. As a preliminary matter, the Court approves Plaintiff's request to exceed the page limit for the memorandum pursuant to CRC 3.1113(e). Final Approval of the Settlement: The parties have agreed to settle the case for $880,000. The breakdown of the settlement is: Total Settlement Amount $880,000.00 Proposed Attorneys'...

Excerpt: ...usually be exercised liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Mor...

Excerpt: ...in its ruling of April 28, 2021 finding that the statutory mechanism of enforcement under CCP § 664.6 wasn't available. At the time of counsel's execution of the settlement agreement, CCP § 664.6 only permitted enforcement if the agreement was signed by the parties. CCP § 664.6 was amended effective January 1, 2021 to permit enforcement (by entry of judgment) of a settlement agreement signed by counsel. The Court found (in its April 28, 2021 r...

Excerpt: ...of Motion: The Federal Arbitration Act and controlling California authority require the Court to enforce a parties' Arbitration Agreement and compel arbitration on all arbitrable claims. Dean Witter Reynolds, Inc. v. Byrd (1985) 470 U.S. 213, 218. In deciding a motion to compel arbitration, the Court's role is limited to answering two questions: 1) does a valid agreement to arbitrate exist; and, if it does; 2) does the arbitration agreement encom...

Excerpt: ...ught pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” CCP § 2016.040. The Declaration of Stewart C. Altemus describes the meet and confer efforts he has made to resolve the issue with Plaintiff's counsel. T...

Excerpt: ...(d) and 453. Defendants' Objections to Plaintiff's Evidence. Defendant objects to ¶ 2 of the Declaration of Claudia Brisson which reads, “Plaintiff has not been able to conduct any discovery in this case.” Defendant objects on the grounds that this is a misstatement of the law and the facts of this case. The Court overrules this objection. Defendant objects to ¶ 4 which reads, ““Plaintiff does not have and has not been able to obtain cr...

Excerpt: ...ealing fail as a matter of law on the grounds that plaintiffs made material misrepresentations during their claim that vitiated coverage under their Integon policy. Issue No. 2. Integon is entitled to summary adjudication on the grounds the undisputed facts establish plaintiffs' unclean hands bars plaintiffs' first cause of action for breach of contract against Integon. Issue No. 3. Integon is entitled to summary adjudication on the grounds the u...

Excerpt: ...lleges that the Third Amended Complaint is barred by public immunity. The Demurrer is unopposed. Cause of Action No. 1 (FEHA): Plaintiff's first cause of action is an alleged hostile work environment citing to Gov't Code § 12940(j) of FEHA. FEHA protects against discrimination against identified protected classes. The Third Amended Complaint fails to identify any protected class to which Plaintiff belonged. Without discrimination, harassment or ...

Excerpt: ...sed liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. Sup.Ct. (1...

Excerpt: ...ice identified 32 areas of inquiry and demanded production of 28 categories of documents including any and all documents related to certain recalls and technical bulletins. On April 23, 2021, GM served a 32 page response setting forth various objections to the categories of inquiry and the request for production. After a brief and meet and confer process, GM offered to proceed with a deposition but subject to terms that were not acceptable to the...

Excerpt: ... and Crown. Plaintiff alleges various statutory violations of the SongBeverly Act and fraud by omission against Ford. Plaintiff alleges a single cause of action of negligence against Crown. None of the complaint's allegations relate to a term or obligation imposed by the Sale Contract between Plaintiff and Team Ford. Defendants separately seek to compel arbitration based on the Arbitration Provision in the Sales Contract which states in pertinent...

Excerpt: ..., Defendant also moves to exclude evidence regarding the revocation/alleged revocation of Millville Grange's Charter. In its moving papers, Defendant argues that Plaintiff has sued the wrong party. The Second Cause of Action alleged is Cancellation of Deed and Quiet Title. Defendant currently holds title to the real property at issue. In a quiet title action,"[t]he plaintiff shall name as defendants in the action the persons having adverse claims...

Excerpt: ... Motion for Reconsideration. Plaintiff opposes the motion and seeks sanctions. Defendant's Request for Judicial Notice. Granted. Plaintiff's Objections to Defendant's Evidence. Plaintiff makes 19 objections to various portions of the Declaration of John P. Kelley. Objections 1‐17 and 19. Overruled. Objection 18. Sustained only as to “He was asked if he knew his deposition had been noticed for April 28 and he again said ‘no.'” Merits. Moti...

Excerpt: .... Santa Monica (1972) 6 Cal. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. Sup.Ct. (1959) 172 Cal.App.2d 527, 530. Defendants se...

Excerpt: ...f of service does not explicitly state that service was personal, however, it does contain information that is generally only provided with personal service, i.e., the specific time of service and physical description of the person served. As it appears that Respondent was timely served, the Court is exercising its discretion to accept the proof of service and issue a ruling on the merits. Merits. “[T]he Legislature has expressed a strong publi...

Excerpt: ...CP §§ 1005(b) and 1013(c). Service on Defendant is proper as she is currently selfrepresented in Case No. 196018 as confirmed by no substitution of attorney on file and Defendant's indication 2 that she was proceeding in pro per at the resolution review hearing on July 12, 2021. Leave to File FAC. CCP § 473 provides that the court may “in furtherance of justice…allow, upon any terms as may be just, an amendment to any pleading or proceedin...

Excerpt: ...unds that the Court lacks Jurisdiction, the matter is not ripe, that the first cause of action fails to state facts sufficient to constitute a cause of action against Defendants, and the first cause of action is uncertain because Defendants cannot ascertain what damages, if any, were suffered by plaintiff. CCP 430.10(a), (e), (f). Defendants are also seeking sanctions under CCP § 128.5. In support of the Demurrer, Defendant requests that the Cou...

Excerpt: ...n was continued, by stipulation, to the instant date. This case is currently set for trial on November 16, 2021. The Plaintiffs' complaint alleges 6 causes of action. Cause of Action No. 1 alleges violation of 14 separate Labor Code Sections; Cause of Action No. 2 alleges violation of Health and Safety Code Section 1278.5; Cause of Action No. 3 alleges violation of Labor Code Section 1102.5; Cause of Action No. 4 alleges ‘senior abuse'; Cause o...

Excerpt: ...g Company, Inc. who worked for Seco in California from June 6, 2015 through date of preliminary approval.” The Proposed PAGA Recipients will include all Class Members who do not opt out of the Settlement and worked for Defendant within the PAGA Period, which is defined as “any time from June 12, 2018 to date of preliminary approval.” The proposed class members are approximately 217 former and current employees of Defendant. The proposed set...

Excerpt: ...re granted. Meet and Confer CCP § 439(a)(3) provides : “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating” the attempts made to meet and confer. No such declaration was filed. That is sufficient to deny the motion. However, in the interest of judicial efficiency, the Court will exercise its 2 discretion and consider the merits of the motion, despite Plaintiff's failure to follow the sta...

Excerpt: ...2021. Kelly Cotton (“Moving Party”) now seeks leave to intervene pursuant to CCP § 387(a) and Welfare and Institutions Code § 15657.3 and CCP § 377.33, claiming to have superior rights to pursue these claims. Moving party has provided admissible evidence that she was nominated by the Decedent to act as his personal representative in his Will. The terms of the Will provide that all assets of the Estate are to be deposited into the Decedent'...

Excerpt: ...roposed cross‐complaint relates to the same parties and deals with disputes and issues arising from the use of an easement. The Court finds that allowing the filing of the cross‐complaint would be in the interests of justice. In reaching this finding the Court notes that there is presently no trial date set. The Court is in agreement with much of the discussion contained in the opposing party's briefing. The motion to amend is indeed late in ...

Excerpt: ... on May 27, 2021. Defendant contends it was timely as Defendant had until June 2, 2021 to file the Demurrer pursuant to CCP § 430.41(a)(2). CCP § 430.41(a)(2) states in part: The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐d...

Excerpt: ...o. 4: OVERRULED Objection No. 5: OVERRULED Objection No. 6: OVERRULED Objection No. 7: SUSTAINED on the grounds of a legal conclusion; OVERRULED as to the remainder 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 Plaintiff's Objections: Objection No. 1: OVERRULED Objection No. 2: OVERRULED Objection No....

Excerpt: ... insurer will pay the policy limits of $400,000 plus the $6,000 Medical Payments Coverage. All parties who have appeared in the action per CCP § 1014 were provided proper notice. No Oppositions were filed. Merits of the Motion. The California Supreme Court case of Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488 provides that “the intent and policies underlying [Code of Civil Procedure] section 877.6 require that a numb...

Excerpt: ... insurer will pay the policy limits of $400,000 plus the $6,000 Medical Payments Coverage. All parties who have appeared in the action per CCP § 1014 were provided proper notice. No Oppositions were filed. Merits of the Motion. The California Supreme Court case of Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488 provides that “the intent and policies underlying [Code of Civil Procedure] section 877.6 require that a numb...

Excerpt: ... on May 27, 2021. Defendant contends it was timely as Defendant had until June 2, 2021 to file the Demurrer pursuant to CCP § 430.41(a)(2). CCP § 430.41(a)(2) states in part: The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30‐d...

Excerpt: ...nmeritorious. The objections are OVERRULED. Factual Background: Plaintiff Maria Czajka is the owner of 8409 Creekview Lane in Redding. Plaintiffs, Robert and Kelsey Garnero are the owners of 15965 Yankee Mine Road in Redding. Defendants are their neighbors along Rocklin Way. Plaintiffs claim they and their predecessors in title have used Rocklin Way for their respective properties. Defendants dispute that Plaintiffs have any right to use Rocklin ...

Excerpt: ...ply to an enforcement proceeding brought after the effective date, where the settlement agreement was signed on December 21, 2020, by the parties' attorney, but not the parties? CCP § 166.1 provides that the parties can request, or, “at the judge's discretion, a judge may indicate in an interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolut...

Excerpt: ...act and that the moving party is entitled to judgment as a matter of law. “A defendant…has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant … has met that burden, the burden shifts to the plaintiff … to show that a ...

Excerpt: ...intiff did not comply with CRC 3.1354(b) when making these objections. The objections were not served and filed separately, were not numbered consecutively, and did not follow either format permitted by CRC 3.1354(b). In addition to the issues with the format of the objections, the objections do not cite to or list specific evidence being objected to, but rather object to entire DUMF's. All objections that state, “Disputed and objected to as ir...

Excerpt: ...ply to an enforcement proceeding brought after the effective date, where the settlement agreement was signed on December 21, 2020, by the parties' attorney, but not the parties? CCP § 166.1 provides that the parties can request, or, “at the judge's discretion, a judge may indicate in an interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolut...

Excerpt: ...act and that the moving party is entitled to judgment as a matter of law. “A defendant…has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant … has met that burden, the burden shifts to the plaintiff … to show that a ...

Excerpt: ...intiff did not comply with CRC 3.1354(b) when making these objections. The objections were not served and filed separately, were not numbered consecutively, and did not follow either format permitted by CRC 3.1354(b). In addition to the issues with the format of the objections, the objections do not cite to or list specific evidence being objected to, but rather object to entire DUMF's. All objections that state, “Disputed and objected to as ir...

Excerpt: ...s' Evidence. Declarations of Terry Buchanan, Marisa Hennan, Patricia Jones, Daniel Smith, and Tawny Wooten: “I may have missed a 30 minute break but was adequately compensated.” Sustained as to “but was adequately compensated.” “I am not aware of any employees at my stores who did not have the opportunity or were not able to take a required meal or rest break, or who was not appropriately compensated.” Sustained as to “or who was no...

Excerpt: ...6.040, which states that a meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. During the deposition, Mr. Kelley informed Ms. Haner and counsel that he would seek court intervention if the question was not answered. On Wednesday May 5, 2021, Mr. Kelley emailed a letter to counsel describing the issue and stating that a mot...

Excerpt: ...n be reached that would resolve the objections to be raised in the demurrer.” Although not initially provided, Defendant's counsel has provided evidence of two lengthy and detailed letters describing the defects in the Complaint and asking that Plaintiff's counsel amend. There was also a conversation about the Demurrer in which Plaintiff's counsel indicated that meet and confer obligations had been satisfied. The Court finds that the meet and c...

Excerpt: ...ke any irrelevant, false or improper matter. CCP § 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). The proper procedure for testing the adequacy of punitive damages is a motion to strike. Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 163‐64. Punitive damages require a showing of malice, oppression or fraud. Civil Code § 2 3294. Malice is defined as co...

Excerpt: ...rt shall be public.” CCP § 124. 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 Rule 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.” Rule 2.551(b)(1). “The public has a First Amendment right of ...

Excerpt: ...randum of costs and an opportunity to file a motion to tax costs. David S. Karton, A Law Corp. v. Dougherty (2009) 171 Cal.App.4th 133, 147. The Court finds that Defendant has standing to move to strike or tax the requested costs. Merits of Motion: Pursuant to CCP § 1032, the party prevailing in most civil cases may recover costs of suit in any action or proceeding. See CCP § 1032(b); Santisas v. Goodin (1998) 17 Cal.4th 599, 606. The types of ...

Excerpt: ... CRC 3.1354(b) requires all written objections to be filed separately from the other papers in support or opposition. Written objections must also be numbered consecutively. CRC 3.1354(b). A proposed order must also be provided. CRC 3.1354(c). Both sides have submitted objections within their separate statements. Neither 2 side has lodged proposed orders. The parties have failed to comply with CRC 3.1354(b) & (c). The objections are OVERRULED for...

Excerpt: ...ides evidence that Plaintiff's counsel was sent a meet and confer letter on March 23, 2021 that described the deficiency with each response at issue. Plaintiff did not respond to this letter. The Court finds that Defendants' meet and confer efforts were sufficient. Merits. “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” CCP § 2030...

Excerpt: ...dant entered into a contract with Plaintiff to purchase and have installed three greenhouses. This is the only alleged business dealing between Defendant and any California entity. The installation occurred entirely in Oregon. Defendant is a resident of Oregon, and was served a summons and a copy of the complaint in Oregon. Personal jurisdiction may be either general or specific. Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 4 Cal.4th 434, 4...

Excerpt: ...l sought is protected from disclosure based the right to privacy. SUHSD has asserted these objections on behalf of Defendant Michelle Kimball (“Kimball”). Motions brought pursuant to CCP § 2031.310 shall be accompanied by a meet and confer declaration. CCP § 2031.310(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented b...

Excerpt: ... in nine different court files. The request for judicial notice was contained within Defendant's declaration and was not filed as a separate document. The request for judicial notice is DENIED. Jurisdiction: A defendant against who a default has been entered cannot thereafter file pleadings, move for a new trial or demand a notice of subsequent proceedings until the default is set aside. Holsinger v. Holsinger (1950) 95 Cal.App.2d 835, 837. Here,...

Excerpt: ... on April 29, 2021, which is less than sixteen court days prior to the hearing. However, Plaintiff did not raise an objection and responded substantively, thus waiving any objection to the notice. Tate v. Superior Court (1975) 45 Cal.App.3d 925, 930. Defendant's Request for Judicial Notice. Defendant requests that the Court take judicial notice of the moving papers from the previous Motion to Continue heard on December 14, 2020 as a record of a c...

Excerpt: ...elated to why the motion has been brought instead of filing the substitution of attorney. CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of a filing a consent to substitution under CCP § 284(1). Mr. Minasian indicates that his client owes in excess of $10,000 in attorney fees, does not communicate with him, and has not responded to requests to obtain discovery. In Mr. Minasi...

Excerpt: ...ation for the same order upon new or different facts, circumstances, or law,…” CCP § 1008(b). A renewed motion based on new or different facts must be supported by a declaration showing why the moving party failed to provide the new or different facts at an earlier time. Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1198‐99. On May 5, 2020, Plaintiffs filed the prior motion for a preliminary injunction. The motion was heard a...

Excerpt: ...nsider the late filed paperwork. CRC 3.1300(d) Merits of Motion: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment….” CCP § 473.5(a). A motion of this nature “shall be accompanied by an affidavit showing under oa...