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Excerpt: ...vidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not show facts sufficient to present a triable issue of fact. (Parker v. Twentieth Century‐Fox Film Corp. (1970) 3 Cal.3d 176, 181 (Parker).) The motion is not to be granted where any triable issue of material fact exists. (Ibid.) Affidavits, declarations, admissions, answers to interrogatories, depositions, and matters judicially...

Excerpt: ...e mistake or inadvertence. (Code Civ. Proc. §§ 2030.290(a), 2031.300(a).) Plaintiff's Motions to Compel Further Responses Plaintiff's motions to compel further responses to interrogatories and to their requests for production of documents are denied without prejudice. Plaintiff's meet and confer declarations do not “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented” (Code Civ. Proc. §...

Excerpt: ...on from Plaintiff CHANG WANG. Request for Judicial Notice (“RJN”). The court takes judicial notice of all of Defendant's proffered documents as records of courts of this state. (Ev. Code, § 452, subd. (d).) Anti‐ SLAPP Analysis. There are two prongs to the analysis of a special motion to strike made pursuant to Code of Civil Procedure section 425.16. (Argentieri v. Zuckerberg (2017) 8 Cal.App.5th 768, 780.) First the defendant must make a ...

Excerpt: ...Memoranda of Costs. California Rules of Court, rule 3.1700(a)(1) provides that a prevailing party who claims costs must serve and file its memorandum of costs within fifteen days of service of notice of entry of judgment or dismissal or within 180 days of entry of judgment, whichever is first. Claimant Defendants are prevailing parties in this Solano County action and entitled to claim costs. A dismissal was entered in their favor; it is immateri...

Excerpt: ...hat the conduct was likely to be harmful to the elder. (Welf. & Inst. Code § 15610.30(b); Bounds v. Superior Court (2014) 229 Cal.App.4th 468, 478.) A person takes or secretes real or personal property when the person deprives the elder of any property right, “including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult....

Excerpt: ...e accident. Now, the Guzman defendants seek court approval of their joint settlement offer for the policy limits of Miguelina's automobile insurance policy, which was accepted by Plaintiffs. Defendant County of Solano opposes each of the motions for good faith settlement. Nothing in defendant County's several unfounded allegations, speculative assertions and misrepresentations of evidence can turn straw into gold. There is no evidentiary basis fo...

Excerpt: ...e of action. (Code Civ. Proc., § 437c, subd. (o)(1).) A summary judgment motion is properly granted where the evidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not show facts sufficient to present a triable issue of fact. (Parker v. Twentieth Century‐Fox Film Corp. (1970) 3 Cal.3d 176, 181 (Parker).) The motion is not to be granted where any triable issue of material fact exist...

Excerpt: ...ustained “if the factual allegations of the complaint are adequate to state a cause of action under any legal theory.” (Quelimane Co. v. Stewart Title Guar. Co. (1998) 19 Cal. 4th 26, 38, italics in original; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 870‐871.) Defendants' demurrer to the third cause of action for negligence is sustained without leave to amend. A plaintiff seeking to recover from parents for the tort of a child “must ...

Excerpt: ...Statement, UMF Nos. 1‐3.) Liability is not at issue as Defendants stipulate that NACUA was negligent. (Plaintiff's UMF No. 4.) An issue crucial to the determination of both motions is whether Plaintiff maintained insurance effective on the date of the January 9, 2018 accident. It is uncontested that Plaintiff, at the time of the subject accident, did not have a valid California driver's license or license from another state. (Defendants' Additi...

Excerpt: ...cords are proffered, all other content unrelated to the specific issue must be redacted. Plaintiff's Motion in Limine #2: That the court take judicial notice of Exhibit A (Municipal Ordinances of the City of Vallejo); Exhibit B (Documents produced by Vallejo Planning Department) and Exhibit C (Documents produced by Vallejo Flood and Sewer District). This motion is moot. Cross‐complainant stipulates to the authenticity of these documents, but re...

Excerpt: ...nente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 [64 Cal.Rptr.2d 843, 938 P.2d 903].) In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [58 Cal.Rptr.2d 875, 926 P.2d 1061] (Rosenthal), our Supreme Court explained the requisite procedure: “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine wh...

Excerpt: ...ent evidence to establish the location of the vehicle. C.C.P. §512.010(b)(4). Given each individual's constitutional right against unreasonable search and seizure, plaintiff must establish probable cause that the vehicle is located on the subject property. Probable cause must be supported by information which has evidentiary value. (See also Ahart, California Practice Guide, Enforcing Judgments and Debts, §4:693, pp. 4‐143 and 4‐144.) Plain...

Excerpt: ...y of Attorney's Fees. Civil Code section 1717, subdivision (a) provides that in “any action on a contract” a prevailing party may recover attorney's fees and other costs incurred to enforce that contract where the contract specifically provides for such recovery. The 1990 Pipeline Easement Agreement between the parties in this case provides: “In the event of any controversy, claim or dispute relating to the interpretation or enforcement of ...

Excerpt: ...an action against a public entity and failure to present a claim to the public entity is fatal to the suit. (State of Cal. v. Superior Court (2004) 32 Cal.4th 1234, 1240; City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454‐455; Sofranek v. County of Merced (2007) 146 Cal.App.4th 1238, 1246; Spencer v. Merced County Office of Educ. (1997) 59 Cal.App.4th 1429, 1434‐1435; Taylor v. Mitzel (1978) 82 Cal.App.3d 665, 672.) This claims pres...

Excerpt: ... years since her last treatment; that plaintiff now had complaints specifically of left knee pain; and that plaintiff's new physician projected future medical specials in excess of $560,000.00. The parties met and conferred unsuccessfully. The trial has already been continued. The court distinguishes the complaints identified in plaintiff's deposition from the new complaints. The deposition testimony of plaintiff that she experienced pain “from...

Excerpt: ...d to enforce that contract where the contract specifically provides for such Page 2 of 4 recovery. The CC&Rs underlying this action specifically provide that remedies for actions brought to enforce the CC&Rs shall include “all costs incurred and reasonable attorneys' fees sustained in commencing and/or defending and maintaining such lawsuit.” (Second Amended Complaint at ¶ 5, Exhibit A [CC&R 6.1.4].) Defendant, the prevailing party in this a...

Excerpt: ... by the Altman Law Group. Attorneys' fees claimed by Rosner, Barry & Babbitt are disallowed, Plaintiff having failed to establish that any work provided at the trial level by appellate counsel was reasonably incurred under the circumstances. Having considered the relevant factors presented by the parties, the court declines to award any fee enhancement. Plaintiff is awarded all costs claimed in her memorandum of costs. Not only has Defendant fail...

Excerpt: ...st Defendant Pontus Capital. Although Plaintiff claims that the fifth cause of action for quantum meruit was not alleged against Defendant, Plaintiff filed an amendment to the complaint on March 18, 2019 specifically adding Defendant Pontus Capital as a defendant to that cause of action. But, Plaintiff has not alleged any facts showing he rendered services at the request of Defendant Pontus Capital. (Strong v. Beydoun (2008) 166 Cal.App.4th 1398,...

Excerpt: ... but repeatedly stated policy encourages liberality in allowing amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) Leave to amend regarding the P1AC's allegations of FCA's knowledge and concealment of problems with the PowerNet system and similar electrical architecture systems in FCA's vehicles is denied because those allegations are brought l...

Excerpt: ...n amendment. (See Cardenas v. Ellston (1968) 259 Cal.App.2d 232, 239 [court justified in permitting amendment of answer after cutoff date same court had set during pretrial conference].) Plaintiff's citation to Code of Civil Procedure section 438 is irrelevant as that section applies to amendments made after motions for judgment on the pleadings. The contents of DARREN's amended answer do not now take Plaintiff by surprise as the amended answer w...

Excerpt: ...subdivision (d) authorizes a prevailing plaintiff in a Lemon Law case to recover reasonable attorney's fees. The trial court's determination of Lemon Law attorney's fees starts with the “lodestar” of reasonably incurred number of hours times reasonable hourly rate, taking into account such factors as the complexity of the case and the skill displayed by the attorney. (Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104.) Lemon ...