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Location: Solano x
2022.12.02 Demurrer, Motion to Strike 149
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.12.02
Excerpt: ...nd implied warranty obligations on manufacturers for the sale of new consumer goods. (Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, 219.) The Act also applies to a retail seller of a used consumer good on a limited basis only if the retail seller makes an express warranty with respect to that used consumer good. (Civ. Code § 1795.5; Gutierrez v. Carmax Auto Superstores Ca. (2018) 19 Cal.App.5th 1234, 1246; Leber v. DKD of Davis, Inc. (2015...
2022.11.30 Motion to Compel Further Responses 779
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.11.30
Excerpt: ...nancial records. Ameri‐Medical Corp. v. Workers' Comp. Appeals Bd. (1996) 42 Cal.App.4th 1260, 1289 [suggesting in dicta that tax returns are not discoverable]; Sav‐On Drugs, Inc. v. Superior Court (1975) 15 Cal.3d 1 [interrogatories improperly sought information about specific deductions claimed on state sales tax returns]. The California Supreme Court explained that special protections were given by the California legislature (now at Revenu...
2022.11.30 Motion for Summary Adjudication 332
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.11.30
Excerpt: ...rden of establishing each element of the two breach of guaranty causes of action and the cause of action for fraudulent conveyance. (Code Civ. Proc. § 437c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) The essential elements for a breach of contract are: 1) a contract, 2) plaintiff's performance, 3) defendant's breach, and 4) damages. (Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 111...
2022.11.29 Demurrer 009
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.11.29
Excerpt: ...t Cornerstone to prepare, and obtain from Plaintiff approval of, subdivision documents necessary to apply for and obtain a legal parcel in compliance with the Subdivision Map Act, including a proposed map and a proposed Declaration of Covenants, Conditions and Restrictions. (FAC, ¶ 13(a), Exh. B, ¶ 32.) The agreement also required Defendant Cornerstone to refrain from agreeing to expansion or amendment of a tenant's lease without Plaintiff's pr...
2022.11.15 Motion for Reconsideration 006
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.11.15
Excerpt: ... Sav. Of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.) The need to show a satisfactory explanation is a strict requirement of diligence. (Garcia, 58 Cal.App.4th at 690.) Plaintiff's counsel presumably had personal knowledge of the material terms of the settlement agreement he negotiated and, to the extent that counsel may claim that he could not recall the precise terms of the settlement agreement ...
2022.11.15 Demurrer 699
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.11.15
Excerpt: ...is similar to the lack of a fence around a swimming pool, which courts have found to be a dangerous condition. Therefore, the court finds that the complaint alleges sufficient facts to state a cause of action for premises liability. Defendants' demurrer to the fourth cause of action for elder abuse is sustained with leave to amend. Although the complaint may allege facts indicating negligence on the part of defendants, it does not allege facts in...
2022.11.09 Motion for Judgment on the Pleadings 487
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.11.09
Excerpt: ... mobile home (the “Home”) to AXTELL. Legal Standard. Code of Civil Procedure section 438, subdivision (b)(1) allows a party to move for judgment on the pleadings. A defendant may move for judgment on the pleadings if the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd....
2022.11.04 Motion for Final Approval of Class Settlement 263
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.11.04
Excerpt: ...cated for a settlement administrator fee, and the $15,000.00 to be allocated for a PAGA payment. The court allocates $150,750.00, which is 25% of the gross settlement amount, for attorneys' fees. Based on the records submitted, the court finds this amount to be appropriate under the common fund doctrine and the lodestar multiplier method. The court notes that although there was some risk involved, the litigation was not extensive or complex. The ...
2022.11.03 Motion to Compel Arbitration and Stay Proceedings 449
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.11.03
Excerpt: ...beneficiary. In contending that the arbitration clause applies to defendant under the doctrine of equitable estoppel, defendant primarily relies on Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. However, in that case, the seller (dealer), who was a signatory to the sales contract, had been named as a defendant in the action at the time the court compelled arbitration. In the present case, the dealer has never been named as a defendant. Page 2...
2022.11.02 Petition to Compel Arbitration and Dismiss Action 712
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.11.02
Excerpt: ...n view of the fact that plaintiff's PAGA claim is to be arbitrated, plaintiff lacks statutory standing to maintain this representative PAGA action, and therefore, the action must be dismissed. (Id. at p.1925). The language in the Viking case to this effect is clear. The Court stated: The remaining question is what the lower courts should have done with Moriana's non‐individual claims. Under our holding in this case, those claims may not be dism...
2022.11.02 Demurrer to SACC 666
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.11.02
Excerpt: ...perty”) from him under a false representation of GOMEZ's ability to later repurchase the Property from SHARMA and that after the deal was consummated GOMEZ falsely represented that he would maintain the Property for SHARMA. Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficien...
2022.10.26 Motion to Compel Further Responses 779
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.10.26
Excerpt: ...esponse should be compelled. CRC 3.1345(c). CRC 3.1345(c) specifically states “The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.” Page 2 of 2 The separate statement filed in support of this motion did not recite any of the 37 document requests at iss...
2022.10.13 Motion to Dismiss PAGA Representative Action Complaint, for Sanctions 517
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.10.13
Excerpt: ...ing a motion to dismiss as a method to challenge opposing pleadings. Under the Code, dismissal motions are expressly authorized only on specified grounds, including nonjoinder of necessary parties (CCP § 389(b), see ¶ 2:188) and delay in service of summons or prosecution of the action (see CCP §§ 581, 583.110 et seq., discussed in Ch. 11). But several cases hold a motion to dismiss may serve the same function as a general demurrer. Despite la...
2022.10.13 Motion for Summary Judgment, Adjudication 835
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.10.13
Excerpt: ... this action only as to the open book account and account stated common counts. Furthermore, as no cause of action for breach of contract was pled in the complaint, no remedies based upon the loan contract itself are properly sought in this common counts action. Summary adjudication is denied as to the account stated common count. An account stated is an agreement between the parties that a certain sum will be paid and accepted in discharge of an...
2022.10.04 Motion to Set Aside Mandatory Settlement Conference or to Allow Remote Attendance 304
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.10.04
Excerpt: ...e, the other side will not engage in good faith settlement and will not offer any viable settlement alternatives. Furthermore, plaintiff indicates personal attendance at a mandatory settlement conference represents a significant burden and expense to plaintiff. In fact, it appears to be plaintiff who is not proceeding in good faith. Pursuant to CRC §3.1380(b): [All] “Trial counsel, parties, and persons with full authority to settle the case mu...
2022.09.30 Demurrer 260
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.30
Excerpt: ...ate (3d ed. 1989) § 6:1, pp. 2‐3 (rev. 9/00); see Fin. Code, § 17003, subd. (a).) An escrow holder is an agent and fiduciary of the parties to the escrow. (Amen v. Merced County Title Co. (1962) 58 Cal.2d 528, 534 [25 Cal.Rptr. 65, 375 P.2d 33] (Amen); Rianda v. San Benito Title Guar. Co. (1950) 35 Cal.2d 170, 173 [217 P.2d 25].) The agency created by the escrow is limited ‐limited to the obligation of the escrow holder to carry out the ins...
2022.09.22 Petition to Compel Arbitration 689
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.09.22
Excerpt: ...ut instead by a daughter to whom he had long ago signed a power of attorney to under certain conditions act on his behalf, is binding, and authorized her to consent to arbitration of all claims brought arising out of the care he received from Defendants. The general rule that only parties who signed an arbitration agreement are bound by it is subject to a health care facility exception, such that the signature of the Page 2 of 4 patient or their ...
2022.09.16 Demurrer 309
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.16
Excerpt: ...is that the defendant's alleged wrongful conduct must be wrongful independent of its interfering character such that it is proscribed by some constitutional, statutory, regulatory, common law, or some other determinable legal standard. (Edwards v. Arthur Andersen, LLP (2008) 44 Cal.4th 937, 944; Korea Supply Co. v. Lockheed Martin Corp.(2003) 29 Cal.4th 1134, 1153‐1154; Della Penna v. Toyota Motor Sales, U.S.A. (1995) 11 Cal.4th 376, 392‐393....
2022.09.15 Motion to Strike or Tax Costs 621
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.09.15
Excerpt: ...(4); Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 857‐858; Ladas v. Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 776.) The court notes that defense counsel's office is located in Irvine and the court does not accept electronic filing. While the option for filing by mail was available, it was not unreasonable for counsel to employ a messenger service to ensure prompt and proper filing of the documents with the court. Page 2 o...
2022.09.15 Motion to Compel Responses 570
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.09.15
Excerpt: ...mplete verified responses to Request for Production, Set One, without objections, shall be properly served and responsive documents produced within 15 days after the date of this hearing. Plaintiff served Special Interrogatories, Set One, on defendants on June 21, 2022. Also served that date were Requests for Production of Documents. There is no agreement between the parties for electronic service. Responses were therefore due to each set of disc...
2022.09.14 Motion to Compel Production of Custodian Records and PMQ for Deposition, for Sanctions 044
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.09.14
Excerpt: ...repeatedly regarding the deposition and the production of documents. The parties engaged in an informal discovery conference in July regarding these topics. Further meet-and-confer took place thereafter and a date was provided. However, plaintiffs' counsel desires an earlier date than the offered dates of November 2, 3 or 4, 2022, because trial is scheduled to commence February 13, 2023. Both attorneys' pleadings contain arguments that have merit...
2022.09.13 Motion for Relief from Deemed Admissions, for Judgment on the Pleadings 623
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.13
Excerpt: ...issions controvert her answer and establish that there is no defense to the complaint. Relief from Deemed Admissions. Code of Civil Procedure section 2033.300 permits a party to withdraw or amend an admission made in response to a request for admission if it obtains leave of court, which is only to be granted if the court determines that the admission was the result of mistake, inadvertence, or excusable neglect and the party that obtained the ad...
2022.09.07 Motion to Compel Production of Docs, for Sanctions 729
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.09.07
Excerpt: ...nt is Allstate Northbrook Indemnity Company. Respondent properly noticed an Independent Medical Examination of Claimant Martha A. Block, which took place on January 25, 2022. Dr. Jones prepared a report of the IME and a copy was provided to counsel for Claimants. Thereafter, Claimants' counsel served a subpoena for the production of business records of Dr. Jones, specifically seeking “(a)ll records pertaining to the IME performed on January 25,...
2022.09.06 Motion to Consolidate, for Summary Judgment, Adjudication 872
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.06
Excerpt: ...llejo's motion for summary judgment or, in the alternative, summary adjudication is denied. The court overrules objections 3, 6, 9 and 10 to the declarations presented by Defendant County of Solano in support of its opposition. In order to state a cause of action for dangerous condition of public property, a plaintiff must establish: 1) the property owned or controlled by the public entity was in a dangerous condition at the time of the injury, 2...
2022.09.06 Motion to Compel Further Responses 487
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.06
Excerpt: ...Interrogatories‐‐General Nos. 12.1; 12.2; 12.6 and 15.1; to Form Interrogatories—Employment Law Nos. 201.1(d); 201.5; 201.6; 209.2; 215.1; 215.2 and 216.1; and to Requests for Production 6; 13‐15; 19; 21; 23; 28; 29‐35; 40‐43; 46‐47; and 48. The court declines to compel further responses to Requests 44 and 45, as both are too general and overbroad. SUNDT's further responses shall be verified, and shall also be without objections, ex...
2022.09.01 Motion for Judgment 728
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.09.01
Excerpt: ...o legal requirement for Plaintiff to have filed a cross‐complaint in the proceedings for Defendant's petition for writ of mandate. (See, Code Civ. Proc. § 426.60(a) [“This article applies only to civil actions and does not apply to special proceedings.”]; Dhillon v. John Muir Health (2017) 2 Cal.5th 1109, 1115 [“An application for a writ of administrative mandamus is a ‘special proceeding of a civil nature'”].) And, the action cannot...
2022.08.31 Motion to Strike Punitive Damages 208
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.08.31
Excerpt: ...ression is defined in the Merriam‐Webster Dictionary, language similar to the definition of oppression found in Civil Code §3294(c)(2). Malice generally requires outrageous conduct by a defendant with evil motive. Henderson v. Security Nat. Bank (1977) 72 Cal.App.3d 764, 771‐772. While evil motive is often alleged, conscious disregard of the probable dangerous consequences of one's actions can also support a punitive damages claim. Hoch v. A...
2022.08.24 Motion for Assignment, Restraining, and Turnover Order, for Attorney Fees 136
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.08.24
Excerpt: ...Petitioners cannot demonstrate any prejudice from the untimely filing since the motion was timely served. (Jones v. Goodman (2020) 57 Cal.App.5th 521, 541.) Respondent is entitled to recover “all costs of investigating and prosecuting the action, including expert fees, reasonable attorney's fees, and costs” as the Page 2 of 2 prevailing party in a civil action to enforce relevant sections of the Water Code. (Code Civ. Proc. § 1021.8(a).) But...
2022.08.18 Motion to Compel Arbitration and Stay Action 917
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.08.18
Excerpt: ...2, and subject to certain statutory exceptions, worker's compensation is the exclusive remedy to an employee suffering an injury unintended by the employer, in the scope of employment. The rationale behind the workers' compensation exclusivity rule is that most workplace injuries fall within the expected risks of employment, and it is better policy to require an employer to cover those injuries without regard to fault to ensure that employees who...
2022.08.16 Application for Preliminary Injunction 404
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.08.16
Excerpt: ...ertainable amount of money damages for the breach of monthly payment obligations from an agreement to purchase Plaintiffs' property. (Complaint, ¶¶ 11, 15.) Injunctive relief is not available for breach of contract unless it appears that monetary relief would not afford an adequate remedy or that it would be extremely difficult to ascertain the amount of damages. (Pac. Decision Scis. Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1110; Th...
2022.08.05 Motion for Summary Judgment 104
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.08.05
Excerpt: ...f the order sustaining the demurrer, they have not shown that they are likely to succeed in obtaining reconsideration of the order that would result in a ruling overruling the demurrer. Motion for Summary Judgment/Adjudication Defendant City of Vallejo's unopposed motion for summary judgment is granted. Plaintiffs filed non‐opposition, essentially conceding the merits of the motion. Not only is Plaintiffs' failure to comply with the requirement...
2022.08.04 Motion to Set Aside Settlement 432
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.08.04
Excerpt: ...t date, plaintiffs were not present and the court rescheduled the settlement conference to January 6, 2022. On January 6, the court was informed that Mr. Shamieh had passed away a few days earlier. A status conference was set for January 12, 2022, and on that date, the settlement conference was rescheduled to February 14, 2022, a date which was agreeable to both attorneys. On February 14, 2022, Mrs. Shamieh and her attorney participated in the se...
2022.08.02 Motion to Compel IME 299
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.08.02
Excerpt: ...Plaintiff to submit, to a mental examination, by Dr. Rachyll Dempsey, Psy. D., California Board Certified and licensed clinical psychologist. If the notice of motion and other motion papers provide the correct legal basis for the court to make its ruling, the court can grant it, even if the title of the motion is inaccurate. Austin v. Los Angeles Unified School Dist. (2016) 244 Cal. App. 4th 918 [court could consider a request for relief based on...
2022.08.02 Motion for Leave to File SAC 090
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.08.02
Excerpt: ...d proceedings are therefore limited to those specified in the reviewing court's directions, and if the reviewing court does not direct the trial court to take a particular action or make a particular determination, the trial court is not authorized to do so.” (Ayyad v. Sprint Spectrum, L.P. (2012) 210 Cal.App.4th 851, 859‐860.) The proposed amended complaint continues to seek to expand the action beyond the scope of the court's jurisdiction. ...
2022.07.21 Motions to Compel Arbitration 579
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.07.21
Excerpt: ...handful of cases of importance on when an arbitration provision contained in a handbook constitutes an enforceable arbitration agreement. They focus on matters such as whether the employee signed an acknowledgment of receipt of the handbook which expressly referred to the arbitration provision; whether the arbitration provision is specifically identified in the handbook's table of contents; whether the arbitration provision is highlighted in any ...
2022.07.20 Demurrer to FAC, Motion to Strike 925
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.07.20
Excerpt: ...of a sales contract for a car (the “Vehicle”) that contained a serious latent manufacturing defect (the “Engine Defect”). Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, 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 ess...
2022.07.13 Motion for Final Approval of Class Action Settlement 707
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.13
Excerpt: ...ed Plaintiffs' evidentiary submissions and having weighed all relevant factors, class counsel shall be awarded reasonable attorneys' fees of $372,736, which represents the full lodestar amount for the 532.4 hours of attorney and legal assistant time claimed, with the remainder to revert to the common fund. The lodestar amount already incorporates inflated hourly rates for counsel far in excess of prevailing rates for attorneys in Solano County, s...
2022.07.12 Motion to Strike 974
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.12
Excerpt: ...lin v. Nat'l Convenience Stores, Inc. (1979) 95 Cal.App.3d 279, 285‐286; see, Food Pro Int'l, Inc. v. Farmers Ins. Exch. (2008) 169 Cal.App.4th 976, 994 [mere carelessness or ignorance does not justify punitive damages].) Conscious disregard alone is no longer sufficient to establish malice and an award of punitive damages requires either the intent to harm the plaintiff or both willful and despicable conduct. (Johnson & Johnson Talcum Powder C...
2022.07.08 Demurrer to FAC 300
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.08
Excerpt: ... plaintiff alleging substantial compliance must therefore allege timely actual receipt of the claim by that public entity. Section 915(a)(1) reflects the Legislature's intent to precisely identify those who may receive claims on behalf of a local public entity. Section 915(e)(1) reflects the Legislature's intent that a misdirected claim will satisfy the presentation requirement if the claim is “actually received” by a statutorily designated r...
2022.07.06 Motion to Continue Trial 016
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.07.06
Excerpt: ... SHARMA's Motions to Access Property and Expunge Lis Pendens TENTATIVE RULING Page 2 of 3 Defendant and Cross‐Complainant RAJ KUMAR SHARMA (“SHARMA”) moves to expunge the lis pendens filed November 30, 2020 on the real property at 7403 Porter Road, Dixon, CA 95620 (the “Property”). SHARMA also moves to be permitted to access the Property for purposes of performing repairs and showing the Property for sale. The Property is at issue in a ...
2022.07.05 Motion to Compel Answers 134
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.05
Excerpt: ...of Service (4/28/22).) A notice that fails to specify when it is to be heard is fatally defective. (Bohn v. Bohn (1913) 164 Cal. 532, 536‐537; Galleria Plus, Inc. v. Hanmi Bank (2009) 179 Cal.App.4th 535, 538.) If a party does not serve a notice that complies with the requirements of Code of Civil Procedure section 1010 within 60 days of the completion of the record of the deposition, the motion is untimely. (Weinstein v. Blumberg (2018) 25 Cal...
2022.07.05 Motion for Attorney Fees 009
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.05
Excerpt: ...ure Section 473(b) reads (in pertinent part): “…Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which wi...
2022.07.01 Motion to Quash Civil Subpoena Duces Tecum, for Sanctions 355
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.01
Excerpt: ...on. When the personal records of a consumer are sought, notice to the consumer must also be served. C.C.P. §1985.3(e). A consumer is broadly defined, to include any individual. C.C.P. §1985.3(a)(2). This gives that person “a chance to seek appropriate orders protecting the privacy of such records”. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §8:566, p. 8E‐54. C.C.P. §1985.3(a) defines “personal records” to include r...
2022.07.01 Demurrer 730
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.01
Excerpt: ...se guests whose “coordination and judgment have been adversely affected by the consumption of alcohol.” (Allen v. Liberman (2014) 227 Cal.App.4th 46, 55, emphasis added.) Plaintiff continues to allege that Defendant, a minor, invited other minors to her home where alcohol was served and Plaintiff became intoxicated. (SAC, ¶¶ 10‐12.) Plaintiff continues to allege that Defendant failed to protect her from the risk of harm caused by the cons...
2022.06.30 Motion for Appointment of Counsel and Medical Expert 941
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.06.30
Excerpt: ...pp.5th 453, 458.) Plaintiff has not made a showing of inability to meaningfully access the courts. This court previously denied a motion from Plaintiff for appointment of counsel in part because Plaintiff, by his successful maintenance of this case and another in another court department, showed that he enjoyed meaningful access to the courts. Plaintiff has not shown that the situation has changed. Evidence Code section 730 authorizes the court t...
2022.06.28 Motion to Quash 012
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.06.28
Excerpt: ..., 893 [motion may be denied for noncompliance with requirement of separate statement].) Even if the court considered the merits of the motion, it would be denied. Plaintiff has not demonstrated that the records sought from Deponent Cayton are “personal records” of a “consumer” as defined by Code of Civil Procedure section 1985.3(a) and therefore has not established that the deposition notice was untimely when served more than 10 days prio...
2022.06.22 Motion to Compel IME 476
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.06.22
Excerpt: ...nia, including a blood draw. Plaintiff resides in Reno, Nevada. Procedure for Discovery via Physical Examination. Code of Civil Procedure section 2032.220 provides that any defendant in a personal injury case may demand, without leave of court, that the plaintiff submit to one physical examination, so long as the examination is not “painful, protracted, or intrusive” and is not set to take place more than seventy‐five miles away from the pl...
2022.06.22 Demurrer 480
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.06.22
Excerpt: ...er Code of Civil Procedure section 430.30, subdivision (a). The court declines to take judicial notice of JENNIFER's proffered items. The lease between the parties is not a fact or proposition beyond reasonable dispute. Plaintiff's complaint is already a part of the record. Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 ...
2022.06.15 Demurrer, Motion to Strike 645
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.06.15
Excerpt: ...pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Counsel for Defendant declares that the parties conferred over Plaintiff's original complaint and this process led to the filing of the 1AC. (Declaration of Gregory P. Wayland in Support of Demurrer at ¶¶ 3‐5.) Counsel declares his perception that the 1AC corrects no flaws of the original complaint. (Id. at ¶ 6.) Accordingly, counsel felt that a phone call on May 19, 2022 that was ...
2022.06.10 Motion to Compel Further Responses 758
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.06.10
Excerpt: ...essary to understand the requests. The requests are neither vague nor ambiguous. Nonetheless, Defendant is allowed to assert that it does not have sufficient information to admit or deny a request for admission despite a reasonable inquiry, as it has for request number 23. Because Defendant's objections are not meritorious, its responses to subdivisions (b) and (c) of form interrogatory 17.1 are evasive or incomplete. Defendant's answers to subdi...
2022.06.08 Motion to Compel Further Responses 710
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.06.08
Excerpt: ... efforts to meet and confer to work these issues out before resorting to a discovery motion. 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. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. (Obregon v. Superior Court (1998) 67 Cal.App.4...
2022.06.08 Demurrer 666
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.06.08
Excerpt: ... information and under a false representation of GOMEZ's ability to later repurchase the Property from SHARMA. Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, 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...
2022.06.07 Demurrer, Motion to Strike 420
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.06.07
Excerpt: ... failure to engage in the interactive process under the Fair Employment and Housing Act (the “FEHA”). CDCR additionally moves to strike portions of the complaint pertaining to conduct allegedly occurring prior to September 20, 2019, as well as the complaint's prayer for prejudgment interest. Request for Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). Def...
2022.05.31 Motion for Attorney Fees 006
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.05.31
Excerpt: ...prevailing party” as used in Code of Civil Procedure section 1032 and it is insufficient to simply show that the plaintiff achieved a net monetary recovery. (Duff v. Jaguar Land Rover N. Am., LLC (2022) 74 Cal.App.5th 491, 504‐505; MacQuiddy v. Mercedes‐Benz USA, LLC (2015) 233 Cal.App.4th 1036, 1047.) Instead, this court must “take a pragmatic approach to determine which party has prevailed” and “determine which party succeeded on a ...
2022.05.24 Demurrer 018
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.05.24
Excerpt: ...et her burden of showing “in what manner [s]he can amend h[er] complaint and how that amendment will change the legal effect of h[er] pleading” as to any of the causes of action. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 219 Cal.App.3d 1252, 1263‐1264; McMartin v. Childrens' Inst. Int'l (1989) 212 Cal.App.3d 1393, 1408.) ...
2022.05.19 Demurrer 530
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.05.19
Excerpt: ...ff and KYLE BAKA subsequently granted their interests in that Property to KAREN BAKA. KAREN BAKA filed a probate petition in case FPR051416 on March 30, 2022 implicating the same deeds. The dispute between the parties concerns, among other issues, whether or not the Property is properly an asset of a trust created by Mark Duvall prior to his death. Court's Probate Jurisdiction. “Jurisdiction” refers in the truest sense to a court's authority ...
2022.05.18 Motion to Strike Punitive Damages Allegations 491
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.05.18
Excerpt: ...course and scope of employment with COMCAST, caused an automobile collision with Plaintiff. Plaintiff alleges that ALCANTARA was driving in a dangerous condition due to being severely tired, and that he drove in such a condition with COMCAST's approval. Plaintiff requests punitive damages against COMCAST for its acts causing and/or approving ALCANTARA's alleged dangerous driving. Legal Standard. Code of Civil Procedure section 436, subdivision (a...
2022.05.13 Motion for Preliminary Approval of Class Action Settlement 544
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.05.13
Excerpt: ...ent amount to be fair and reasonable, and not the result of collusion, preferential treatment or conflicts of interest. The proposed PAGA payment and settlement administration costs also appear reasonable. The Motion is GRANTED subject to the following: 4) Based on the information currently before the Court, the requested attorney fees appear to be excessive. Locally, the range of 25% of gross settlement for attorney fees is the norm, absent extr...
2022.05.13 Motion for Approval of PAGA Settlement 263
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.05.13
Excerpt: ... conflicts of interest. The proposed PAGA payment and settlement administration costs also appear reasonable. The court also preliminarily finds that class certification is appropriate here based on the numerosity of the estimated eighty‐four class members and their well‐defined community of interest in their shared wage and hour claims. The named plaintiff shares the same claims as the class at large and is able to adequately represent the c...
2022.05.12 Demurrer 621
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.05.12
Excerpt: ...ased on the same alleged defects existing or developing within one year of purchase. The Song‐Beverly Consumer Warranty Act imposes specified duties on manufacturers of consumer goods sold in California for which an express warrant is given. (Civ. Code § 1793.2(a).) A consumer good is specially defined as “any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes”. (Civ. C...
2022.05.11 Motion to Compel Further Responses 956
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.05.11
Excerpt: ....040.) The meet and confer declaration submitted by Plaintiff simply concludes that counsel “met and conferred extensively” without any supporting facts describing what actions were taken in an effort to meet and confer or the scope of discussions between counsel. (Decl. of Ramsdell, ¶ 9.) At best, Plaintiff's counsel establishes that he sent one meet and confer letter, which has not been provided to the court, and received a response to tha...
2022.05.06 Application for Writ of Possession 540
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.05.06
Excerpt: ...o present the court with facts sufficient to show that the information about the property is credible and reliable. (Legis. Com. Comment to Code Civ. Proc. § 512.010.) “No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe the property is located there.” (Code Civ. Proc. § 512.060(b).) The declaration atta...
2022.05.05 Motion to Compel Production of Physical Exam Report, for Protective Order, to Compel Audio of IME 321
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.05.05
Excerpt: ...Plaintiff to produce the audio recording of her physical examination before Defendant must produce the report of that examination. Plaintiff fails to present a valid reason for withholding the recording and preventing the examiner from preparing a potentially more accurate report. Defendant shall deliver a copy of the report of the examination to Plaintiff within 30 days of service of, or access to, Plaintiff's audio recording of the examination....
2022.05.04 Demurrer 466
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.05.04
Excerpt: ... of action to which the demurrer was sustained”. (Cmty. Water Coalition v. Santa Cruz County Local Agency Formation Comm'n (2011) 200 Cal.App.4th 1317, 1329.) “The plaintiff may not amend the complaint to add a new cause of action without having obtained permission to do so”. (Ibid.; Harris v. Wachovia Mortgage (2010) 185 Cal.App.4th 1018, 1023.) Additionally, Plaintiff has not cured the defects previously identified in the court's ruling o...
2022.05.03 Demurrer 516
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.05.03
Excerpt: ...posit Account Agreement” governing Plaintiff's account with Defendant Chase. Although he did not mention the agreement by name, Plaintiff incorporated the “Deposit Account Agreement” by reference in his complaint by alleging that he is a “depositor” of Defendant Chase. “The relationship of a bank and depositor is founded on contract, [citation] which is ordinarily memorialized by a signature card that the depositor signs upon opening ...
2022.04.28 Motion for Summary Judgment 701
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.04.28
Excerpt: ... to an unreasonable risk of injury. (Rowland v. Christian (1968) 69 Cal.2d 108, 119; Barnes v. Black (1999) 71 Cal.App.4th 1473, 1478; Medina v. Hillshore Partners (1995) 40 Cal.App.4th 477, 481; Seaber v. Hotel Del Coronado (1991) 1 Cal.App.4th 481, 488.) Page 2 of 2 Plaintiff has been deemed to have admitted that the premises “was maintained safely at the time” of her alleged injury and that Defendant Parkview “is not liable to [Plaintiff...
2022.04.27 Motion for Summary Adjudication 773
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.04.27
Excerpt: ...rally operates prospectively to declare future rights, rather than to redress past wrongs.” (Jolley v. Chase Home Fin., LLC (2013) 213 Cal.App.4th 872, 909; Babb v. Superior Court (1971) 3 Cal.3d 841, 848.) There is no basis for declaratory relief if only past wrongs are involved. (Osseous Tech. of Am., Inc. v. DicoveryOrtho Partners, LLC (2010) 191 Cal.App.4th 357, 366; County of San Diego v. State of Cal. (2008) 164 Cal.App.4th 580, 607‐608...
2022.04.26 Motion to Compel Answers 134
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.04.26
Excerpt: ... ¶¶ 14, 16.) A notice that fails to specify when it is to be heard is fatally defective. (Bohn v. Bohn (1913) 164 Cal. 532, 536‐537; Galleria Plus, Inc. v. Hanmi Bank (2009) 179 Cal.App.4th 535, 538.) If a party does not serve a notice that complies with the requirements of Code of Civil Procedure section 1010 within 60 days of the completion of the record of the deposition, the motion is untimely. (Weinstein v. Blumberg (2018) 25 Cal.App.5th...
2022.04.26 Demurrer 309
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.04.26
Excerpt: ...w, or some other determinable legal standard. (Edwards v. Arthur Andersen, LLP (2008) 44 Cal.4th 937, 944; Korea Supply Co. v. Lockheed Martin Corp.(2003) 29 Cal.4th 1134, 1153‐1154; Della Penna v. Toyota Motor Sales, U.S.A. (1995) 11 Cal.4th 376, 392‐393.) “The tort of intentional interference with prospective economic advantage is not intended to punish individuals or commercial entities for their choice of commercial relationships or the...
2022.04.21 Demurrer 842
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.04.21
Excerpt: ...that employer, such as a contractor doing business with that employer. McVeigh v. Recology San Francisco (2013) 213 Cal.App.4th 443, 471. In general, a demurrer must knock out an entire cause of action, or it should be overruled. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§7:42.2 and 7:42.4, p. 7(I)‐21, and 7:156, pp. 7(I)‐72 and 7(I)‐73. Thus, as long as JOHN P. WHITNEY (“WHITNEY”) has in the amended petition/compl...
2022.04.01 Motion for Summary Judgment, Adjudication 518
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.04.01
Excerpt: ...ause of action for conversion, Plaintiffs assert that it is undisputed that Defendant caused at least $84,000 in damages caused by Defendant's conversion of their proprietary data. (Plaintiffs' UMF 3.) This statement of “fact” is supported only by a generalized and simplistic estimate of damages based on a specified number of employees working an “approximate” amount of days for “up to” 12 hours a day, as well as speculative lost reve...
2022.03.23 Demurrer 520
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.03.23
Excerpt: ...ons (the “Property”). (Evid. Code, § 452, subd. (d); Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264‐265 [judicial notice of recorded documents], disapproved on other grounds in Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 939 at fn. 13.) Sufficiency of Pleading. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 1...
2022.03.17 Motion for Summary Judgment, Adjudication 113
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.03.17
Excerpt: ...nd agreement requirements of the CITY OF BENICIA (“CITY”), by successfully obtaining an encroachment permit and entering into an encroachment agreement with CITY [UMFs 1‐18 and evidence cited in support thereof]. Defendant also failed under Benicia Municipal Code §1.10.040 to timely file an administrative challenge of either of the administrative citations issued against him [UMFs 58 and 64, and evidence cited in support thereof]. Summary ...
2022.03.11 Demurrer to SAP 426
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.03.11
Excerpt: ... instant petition) was filed February 1, 2021, 193 days after July 23, 2020, when DAYTON was mailed the challenged final administrative decisions on two parking citations. Review under Code of Civil Procedure section 1094.5 is not available for parking citations. Those are handled entirely under Vehicle Code section 40200 et seq., which states that parking tickets “shall be governed by the civil administrative procedures set forth in this artic...
2022.03.11 Demurrer to SAC 042
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.03.11
Excerpt: ... the San Diego County summons in this case and the 2AC as records of a court of the United States under Evidence Code section 452, subdivision (d). The court declines to take judicial notice of the proffered purported copy of the deed of trust because it does not appear to be a recorded document; the space marked for recorder's use is blank. Plaintiff's Identity. A trust, not being a legal “person,” cannot maintain an action except through it...
2022.03.10 Motion for Summary Judgment 031
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.03.10
Excerpt: ...ity discrimination, (5) retaliation, (6) retaliation under the Family and Medical Leave Act (the “FMLA”) and California Family Rights Act (the “CFRA”), and (7) wrongful termination. Defendant alternatively and in addition moves for summary adjudication on the issue of its liability for punitive damages. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of act...
2022.03.09 Demurrer 301
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.03.09
Excerpt: ...t reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. [Khoury v. Maly's of Calif., Inc. (1993) 14 CA4th 612, 616, 17 CR2d 708, 710 (citing text); A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 CA5th 677, 695, 251 CR3d 423, 439] Comment: Otherwise, judges usually make short shrift of demurrers for uncertainty. They expect counsel to clear up any ambiguities through disco...
2022.02.25 Motions to Quash Service of Summons 800
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.02.25
Excerpt: ...uest for Judicial Notice. The court takes judicial notice of four plea agreements entered in federal cases between the United States government and Jeffrey Carpoff, Paulette Carpoff, Ronald Roach, and Alan Hansen. (Evid. Code, §452(d).) Specific Jurisdiction. California courts may exercise personal jurisdiction “on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) The exerc...
2022.02.24 Demurrers 154
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.24
Excerpt: ...ENTIC FAIRFIELD LLC TENTATIVE RULING A preliminary question posed by the filing of these demurrers is whether a party named as a “real party in interest”, but not a “respondent” or “defendant”, and against whom no causes of action are clearly identified, and no charging allegations of wrongdoing made specific to that party, is one who can challenge the causes of action in the pleading by way of demurrer. The term “real party in inte...
2022.02.23 Motion to Compel Handwritten Notes, for Sanctions 876
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.23
Excerpt: ...ing is so produced, the testimony of the witness concerning such matter shall be stricken.” Here, a colossal series of delays occurred. First, the deposition, which was being taken remotely via Zoom, did not start at the appointed time although defense counsel and court reporter were ready and waiting. Thirteen minutes after the deposition was to begin, Hawkins and his attorney appeared on Zoom. Hawkins was unprepared to review documents remote...
2022.02.23 Motion for Attorney Fees, to Strike or Tax Costs 529
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.23
Excerpt: ...” if the filing of the petition then causes the agency to produce the responsive documents, before the petition is ruled upon by the court. Sukumar v. City of San Diego (2017) 14 Cal.App.5th 451, 463‐464. In the present case, Respondent CITY OF FAIRFIELD (“CITY”) did produce some responsive documents, at various times, all after the filing of this writ petition in September 2018. The total number of pages of these later‐produced documen...
2022.02.22 Petition to Compel Arbitration, for Trial Preference 259
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.02.22
Excerpt: ...OR LIVING, ET AL. Case No. FCS057259 Defendant's Petition to Compel Arbitration; TENTATIVE RULING Petition to Compel Arbitration Defendant's petition to compel arbitration is granted. The relevant issue is not whether Plaintiff's daughter, Sandra Aguilar, was authorized to admit Plaintiff to Defendant's residential care facility, but whether Aguilar was authorized to agree to arbitrate disputes. (Theresa D. v. MBK Senior Living LLC (2021) 73 Cal....
2022.02.22 Motion for Leave to File TAC 062
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.02.22
Excerpt: ...hy leave is proper, when facts supporting amendment were discovered, and why leave was not requested earlier. (Cal. Rules of Court, rule 3.1324(b).) Plaintiff does not include a declaration stating when he discovered the facts supporting any of his new allegations, particularly as to the new allegations against DUNCAN and KADOYA, and why those facts could not have been discovered and alleged earlier. Further, Plaintiff's government claim as prese...
2022.02.17 Motion for Summary Judgment 865
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.17
Excerpt: ... court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff's objections 1 through 6 to the Declaration of Kirsten White in Support of Defendant's Motion for Summary Judgment (White) are overruled. Ms. White establishes a foundation for her expertise in relevant matters. Plaintiff's objection 18 to her deposition testimony at page 41, line 23 to pa...
2022.02.16 Motion to Enforce Settlement Agreement, for Attorney Fees 854
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.16
Excerpt: ...ies outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Page 3 of 3 It does not suffice to include within the settlement agreement a stipulation...
2022.02.16 Motion for Judgment on the Pleadings 422
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.16
Excerpt: ...nd taken. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §7:292. Discovery admissions cannot be considered on a motion for judgment on the pleadings. No extrinsic evidence: The motion normally lies only for defects fully disclosed on the face of the pleading under attack or by matters of which judicial notice may be taken. Declarations or other extrinsic matters are improper. Therefore, the judge hearing the motion cannot consider ...
2022.02.09 Motion for Judgment on the Pleadings 980
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.09
Excerpt: ...ar either on the face of the pleadings or upon facts of which the court may take judicial notice. C.C.P. § 438(d); see California Evidence Code § 452. In general, where an answer totally fails to deny a material allegation, the allegation is treated as a binding admission. 5 Witkin, California Procedure (6th ed. 2021) Pleading, § 1090, p. 522. The same is true if the answer contains a proper denial, but the denial is directed to an allegation ...
2022.02.08 Demurrer 641
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.02.08
Excerpt: ...state estate. That petition was assigned case number FPR048670. The petition identified the home as an asset of the estate, and in addition to Plaintiff also identified two adult sisters as potential heirs. The probate case was dismissed by the court in January, 2019, after continued failure of the petitioner to perfect defects. Plaintiff's opposition contends that he has plead the existence of damages and that based upon his reliance that he wou...
2022.02.08 Petition for Writ of Mandate, to Augment Administrative Record 595
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.02.08
Excerpt: ...wing six exhibits: (A) a New York Times article dated April 27, 2020; (B‐C) two California Public Records Act requests Petitioner has made concerning the set of land use approvals known as the “Fairview at Northgate Project” (the “Project”); (D) Respondent CITY OF VALLEJO's (“VALLEJO”) response to Exhibit B; (E) a proposed deed restriction; and (F) the unredacted version of a June 9, 2020 letter sent to the Vallejo City Counsel. A r...
2022.02.04 Motion for Summary Judgment 655
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.02.04
Excerpt: ...vidence. In ruling on a motion for summary adjudication the court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Moving Defendants' objections to Plaintiff's separate statement of undisputed facts on the basis of materiality and relevance are overruled. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot est...
2022.02.03 Demurrer 977
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.03
Excerpt: ... driven by Defendant Bartley. (Complaint, ¶¶ 3‐5, 7, 11‐13, 15; Amendment to Complaint.) Negligence may be alleged in general terms. (Lopez v. S. Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795; Stowe v. Fritzie Hotels, Inc. (1955) 44 Cal.2d 416, 421; Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 154.) “[A]fter what was done has been stated, it is sufficient to allege that it was negligently done, without stating the particu...
2022.02.02 Motion for Judgment on the Pleadings 966
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.02
Excerpt: ...he court may take judicial notice. C.C.P. § 438(d); see California Evidence Code § 452. In his answer, Defendant denied paragraphs 5, 7, 8, 11, 12, 14 of Plaintiff's complaint based on lack of information or belief. Those are the operative paragraphs alleging the elements of common counts; an unpaid debt that a defendant owes to plaintiff. 4 Witkin, California Procedure (6th ed. 2021) Pleading, § 565, p. 654. Therefore, DEFENDANT has specifica...
2022.01.28 Motion for Judgment on the Pleadings 444
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.28
Excerpt: ...ither on the face of the pleadings or upon facts of which the court may take judicial notice. C.C.P. § 438(d); see California Evidence Code § 452. Other extrinsic evidence, such as discovery admissions controverting the pleadings, cannot be considered on a motion for judgment on the pleadings. Weil & Brown, Civil Procedure Before Trial § 7:322, p. 7(I)‐92. PLAINTIFF only relies on the discovery admissions in this case to argue that there are...
2022.01.25 Petition for Relief for Late Claim 300
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.25
Excerpt: ...Court on December 17, 2019. (Complaint, par. 1). Plaintiff clearly had notice of the potential joint responsibility of the Superior Court as a potential owner of the sidewalk given that she expressly plead that she was leaving the court building when she tripped “directly in front of the Solano County Superior Court.” (Complaint, par. 1). Government Code, section 915(c) clearly specifies the manner in which a claim against a superior court sh...
2022.01.25 Demurrer 090
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.25
Excerpt: ...022, which was expressly stipulated to by the parties. The untimely opposition is stricken. 3 Parties to appear to discuss procedural aspects of this case including the stipulation to amend the complaint discussed on the record on April 23, 2021. This case was returned on remittitur after the trial court granted summary judgment. However, the court understands that the causes of action that were returned by the appellate court were solely a cause...
2022.01.21 Petition to Compel Arbitration 974
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.21
Excerpt: ...oversy 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 controversy exists by utilizing principles of California contract law. (Luxor Cabs, Inc. v. Applied Underwriters Captive Risk Assurance Co. (2018) 30 Cal.App.5th 970, 977.) Though California and federal l...
2022.01.21 Motion to Strike Punitive Damages 058
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.21
Excerpt: ...dants' motion to strike punitive damages as to minor defendant CHARLES THOMAS PAUL is denied. A motion to strike challenges pleading issues that are usually not addressable on a demurrer, including “irrelevant matter.” (Weil & Brown, Civil Procedure Before Trial, §§ 7:179, 7:182, pp. 7(1)‐76, 7(1)‐77.) Irrelevant matter includes demands for judgment requesting relief not supported by the allegations of the complaint. (CCP § 431.10) A m...
2022.01.19 Motion for Attorney Fees 533
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.01.19
Excerpt: ...the court to have been reasonably incurred by the buyer in connection with the prosecution of his action. (Civ. Code, § 1794, subd. (d).) When awarding these required fees a court must make an initial determination of the actual time expended and then ascertain whether under all the circumstances of the case the amount of actual time expended and the charge for the time are reasonable. (Hanna v. MercedesBenz USA, LLC (2019) 36 Cal.App.5th 493, 5...
2022.01.14 Petition for Writ of Mandate 058
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.14
Excerpt: ...ative decision to demonstrate wherein the proceedings were unfair, in excess of jurisdiction, or showed ‘prejudicial abuse of discretion'”].) Nothing in the administrative record lodged with the court suggests that Petitioner was not given adequate notice of the pendency of the action or that he was denied an adequate opportunity to present his objections. (Doe v. Regents of Univ. of Cal. (2016) 5 Cal.App.5th 1055, 1077.) The court notes that...
2022.01.13 Motion to Withdraw 495
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.13
Excerpt: ...igation is not absolute” and counsel has a duty to “not withdraw from employment until [s]he has taken reasonable steps to avoid foreseeable prejudice to the right of [her] client.”. (Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197.) “It [is] the duty of the trial court to see that [the client is] protected, so far as possible, from the consequences of [counsel's] improper abandonment of [her] client.” (Ibid.) At the September 20, 2021, c...

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