Excerpt: ... judgment moti on 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 exists. (Ibid.) The affidavits of the moving party are strictly const...

Excerpt: ...n but was not able to return them. Plaintiff purchased additiona l items during her visit. A WALMART employee grabbed her cart and attempted to keep her from leaving. WALMART security guard employees Defendants MICHAEL HILDEBRANDT (“HILDEBRANDT”) and JOSEPH SALVATTO (“SALVATTO”) followed her into the parking lot, where they falsely accused her of shoplifting and physically obstructed her path into her car. HILDEBRANDT slammed Plaintiff in...

Excerpt: ...e years after commission of the fraud, plaintiff has the burden of pleading and proving that he did not make the discovery until within three years prior to the filing of his complaint.” (Cansino v. Bank of Am. (2014) 224 Cal.App.4th 1462, 1472, quoting Hobart v. Hobart Estate Co. (1945) 26 Cal.2d 412, 437.) A plaintiff whose complaint shows, on its face, that a cause of action would have been barred without the benefit of the delayed discovery...

Excerpt: ... requests. The court has not received opposition. Code of Civil Procedure section 2023.030 permits a court to impose various sanctions on a party that misuses the discovery process. These sanctions range from monetary penalties to barring the use of evidence at trial to declaring certain affected issues effectively decided to dismissing a party's action or entering a default judgment against that party. Failing to respond to an authorized method ...

Excerpt: ...utter Group 20 25), Civil Procedure Before Trial, §6:652, p. 196. There are a few basic procedural requirements that must be met, such as the motion providing a proposed amended pleading, and identifying the proposed changes. While this motion failed to identify each and every proposed change, it identified the major changes, and the opposition failed to cite any cases holding that minor omissions in the identification of changes would outweigh ...

Excerpt: ...e, the court has no jurisdiction to rule on this motion in any manner affecting the PAGA claims. To the extent this motion included a request for dismissal of the class action claims, it is granted. Arbitration of class action claims is proper only when the scope of arbitration agreement authorizes arbitration of class claims, and not when representative actions have been waived in a contract. Stolt -Nielsen S.A. v. AnimalFeeds Int'l Corp. (2010)...

Excerpt: ... for judgment on the pleadings on the basis that the complaint against him does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 438, subds. (b) -(c).) The grounds for such a motion must appear on the face of the pleadings or from judicially noticeable materials. (Code Civ. Proc., § 438, subd. (d).) The standard for granting a motion for judgment on the pleadings is essentially the same as that for sustaining a ge...

Excerpt: ...then indicated a willingness to resolve the case with Defendant but reques ted that the motion be granted. The Court continued the matter to allow the parties to attempt resolution and for Defendant to possibly obtain counsel. Since the 6/6/25 Hearing, there have been no further filings in the case, nor any indication to the court that resolution has been achieved or that Defendant has secured legal counsel. Therefore, the court once again issues...

Excerpt: ...n of the Uniform Voidable Tr ansactions Act, and (3) common law fraudulent transfer. Summarized as is relevant, SOLAR SENSE's first amended complaint alleges that Defendants were investors in Fund 0, a company that was part of a Ponzi scheme operated by Jeffrey and Paulette Carpoff, Fund 0 made fraudulent distributions to Defendants, and SOLAR SENSE has an judgment against Fund 0. Legal Standard. A plaintiff may move for summary adjudication as t...

Excerpt: ...ses of action within the complaint. The court has not received opposition to either demurrer. Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Mati nee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case “...

Excerpt: ...ourt of competent jurisdiction. (Marcus v. Superior Court (1977) 75 Cal. App. 3d 204, 209 [141 Cal. Rptr. 890].) There is no specific or implied exception contained within the statute to preclude its application for dilatory action by a party seeking to arbitrate the matter. Relief based on such a claim should be presented to the court entertaining the application to arbitrate, as well as any substantive arguments relating to whether arbitration ...

Excerpt: ...ary objection s that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) None of the presented objections are material to the disposition of the motion. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (Code Civ. Proc., § 437c, subd. (o)(1).) A summary judgment motion is properly granted where the evidence in suppor...

Excerpt: ...indicated at the last hearing, the Court also has the possibility of its own jury duty for the time that this trial is set). The Court will also discuss the issue of trial scheduling at the hearing on June 27, 2025. On the motions scheduled for June 27, 2025, the Court's tentative ruling is as follows. Motion to Quash Notice of Deposition to PMK Mercy Hospital of Folsom and Related Subpoena The court notes that its previous order specifically ref...

Excerpt: ...s for open book account and for account stated, which are alleged in the complaint. Plaintiff is also entitled to summary judgment on the other common counts alleged in the complaint, namely, for goods sold and delivered and for credit extended. Although these common counts were not addressed in the Separate Statement of Undisputed Material Facts, the proof to establish these counts is the same as the proof submitted to establish the other common...

Excerpt: ...s attached to counsel's declaration. The court therefore awards KOL SHOFAR costs in the amount of $4,623.90. Second, the continuance of initial hearing announced the court's intention to award some amount of attorneys fees (and the reasons therefore), but required better evidence to support the amounts of fees claimed. While KOL SHOFAR has since filed Page 2 of 3 such evidence, the $17,719.00 difference in the amounts of total attorneys fees clai...

Excerpt: ...tiff enrolled the Vehicle. Legal Standard. A party to an arbitration agreement may petition the court to compel arbitration if it alleges the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate. (Code Civ. Proc., § 1281.2.) In ruling on a petition to compel arbitration, the trial court shall order parties to arbitrate if it determines that a valid agreement to arbitrate the controver...

Excerpt: ...aim for his injuries to that public entity and that claim was rejected. (Gov. Code, §§ 945.4, 945.6, subd. (a)(1), 950.2.) Plaintiff cannot bring a tort case against County Defendants, public employees sued in their official capacities, where Plaintiff's case against County Defendant's employing public entity would be barred for failure to first present a claim. (Gov. Code, § 950.2.) A written administrative claim for injury to the person, per...

Excerpt: ...ting to a mo tion to compel further responses. Code of Civil Procedure section 2016.040 requires a declaration “showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion” to compel. Plaintiff's counsel's attached declaration in support of the motion states that counsel served the discovery requests at issue on January 24, 2025 and received responses on April 4, 2025. (Declaration of Mercedes G...

Excerpt: ...verly causes of action alleged in the original Complaint, and then also realleged without significant change in the First Amended Complaint. The California Supreme Court case of Rodriguez v. FCA US LLC (2024) 17 Cal.5th 189 makes clear that Song -Beverly applies only to the sale of a “new motor vehicle” and that the only sales of vehicles in used condition that qualify for relief under Song -Beverly are sales of vehicles used or intended for ...

Excerpt: ...plaint alleges that Plaintiffs rented commercial property from Defendants; however, Defendants allegedly harassed and discrimi nated against Plaintiffs during the lease relationship on the basis of Plaintiffs' race and allegedly concealed that the commercial property was not fit for commercial use. The court has not received opposition. Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matt...

Excerpt: ...edings when such a s tay will accommodate the ends of justice”, as “”the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 141. See also Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489 [“Trial courts generally have the in...

Excerpt: ...test the sufficiency of th e complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint must allege facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or h...

Excerpt: ...nditionally, or on t erms” pursuant to an application for that order. (Code Civ. Proc. § 1008(a).) A statement of decision is not an order. (See, Alan v. Am. Honda Motor Co., Inc. (2007) 40 Cal.4th 894, 901 [“courts typically embody their final rulings not in statements of decision but in orders or judgments”].) Second, even if a statement of decision was subject to a party's motion for reconsideration, Plaintiff has failed to comply with ...

Excerpt: ...rp. (“Park”), and it also clearly alleges that both SFEC and Park owned and operated the Discovery Kingdom amusement where plaintiff worked and that both were her employers. In deciding this issue, the court took judicial notice of the existence of the documents submitted with the Request for Judicial notice. However, the court did not take judicial notice of the facts contained in the documents because the court cannot find that these facts ...

Excerpt: ...ain of a defenda nt's costs where the defendant serves a written compromise offer to the plaintiff under the terms of the statute, the plaintiff does not accept the compromise, and the plaintiff ultimately does not obtain a more favorable judgment or award than that offered in the compromise at trial. Expert witness costs are not automatically shifted under section 998 but rather are only awarded in the court's discretion. (Code Civ. Proc., § 99...