Excerpt: ... 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 construed, and doubts...

Excerpt: ...hat the cl aims upon which the application is based are claims for money based on a contract; the amounts sought are fixed; the claims are unsecured; and they are commercial claims. As to the procedural requirements, plaintiff has established that the claims are one s upon which an attachment may issue; the probable validity of the claims; the attachment is sought only for recovery of plaintiff's claims; and the amount to be secured by attachmen...

Excerpt: ...��) motion to join EXPRE SS's motion to compel arbitration. The court continued the matter to its present date and requested supplemental briefing on the following question: given that the court has denied the motion to compel arbitration with regard to Plaintiff's PAGA claims, d oes the arbitration agreement mandate dismissal of Plaintiff's class claims? The court has received supplemental briefing from Plaintiff and EXPRESS. The court disrega...

Excerpt: ...e verified re sponses without objections shall be served within 30 days of the date of service of this order to Form Interrogatories, Set One; Form Interrogatories, Set Two, and Special Interrogatories. Full and complete verified responses without objections shall be se rved, and responsive documents produced, within 30 days of the date of service of this order to Request for Production of Documents, Set One. Each of the requests in the Request...

Excerpt: ..., Buckhorn is an indispensable party, and must be joined in this action either as a plaintiff or as a defendant (involuntary plaintiff) under CCP Section 382. (Bank of Orient v. Superior Court (1977) 67 Cal.App.3d 588, 595). The demurrer is overruled to the extent i t is based on the contention that the cause of action for breach of contract is uncertain and fails to state facts sufficient to constitute a cause of action. The complaint alleges th...

Excerpt: ... (the “Vehicl e) from Defendant that they allege is defective due to a leaking coolant system, among other things. Plaintiffs therefore also present causes of action against Defendant for violation of the Song -Beverly Consumer Warranty Act (the “Act”). Notice of Tentative Ruling. Defendant's notices of demurrer and motion do not advise the recipient that the Solano County Superior Court uses a tentative ruling system, as is required under ...

Excerpt: ...any law]; 815.2( b) and 820.2 [immunity for public employee's act or omission when the act or omission was the result of the discretion vested in a public employee]; 815.2(b) and 821 [immunity for public employee's failure to enforce an enactment]. Enforcement of statutes and regulations is typically left to the discretion of the agency authorized to enforce, per constitutional principles. Gananian v. Wagstaffe (2011) 199 Cal.App.4th 1532, 1543 [...

Excerpt: ...y of the defenda nts. Even if proofs of service had been filed, the application could not be granted. Another requirement for a writ of possession is that there be sufficient evidence to establish the likely location of the vehicle. C.C.P. §512.010(b)(4) requires: A statem ent, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private ...

Excerpt: ...with respect to the allegations that defendant made defamatory statements during the prior litigation between him and his former employers, including plaintiff BROWN. (Complaint, pp. 7, 8, 9). These statements were allegedly made in or connected to a judicial proceeding, na mely, the prior litigation between the parties filed in San Joaquin County. Therefore, they constitute “protected activity” under CCP Section 425.16(e). Once defendant es...

Excerpt: ...s. The court did not rece ive timely opposition to this motion. Defendants' opposition was filed April 9, 2024; timely opposition was due April 4, 2024, nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) However, the court finds GREEN's meet and confer effo rts inadequate. Counsel for GREEN declares that counsel sent CHANG and YEN a meet and confer letter regarding Page 1 of 4 their perceived deficient discovery respons...

Excerpt: ... accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action. (Fox v. Endo -Surgery, Inc. (2005) 35 Cal.4th 797, 807.) Plaintiff alleges that he presented the vehicle for transmission -related issues to an authorized repair f acility on August 20, 2018, September 17, 2019, September 17, 2020, and February 17, 2023. (FAC, ¶¶ 26, 29 - 30, 35.) In each of these instances, the repair facility represent...

Excerpt: ... clause was upheld by the courts in the past, and should be similarly upheld here. (Fritelli, Inc. v. 350 N. Canon Drive, LP (2011) 202 Cal.App.4th 35). Although defendant did not submit a copy of the lease signed by plaintiff, defendant did submit a copy of the leas e initialed by plaintiff, a guaranty of the lease signed by plaintiff, and an addendum to the lease signed by plaintiff, which acknowledged that the parties entered into the lease, n...

Excerpt: ...]. Defendant filed no responsive pleading in this action. The settlement agreement signed by Defendant in April 2021 and filed by Plaintiff, for which Plaintiff paid a first appearance fee on behalf of Defendant, is not a court -captioned document which provides an add ress of record provided to the court for Defendant to be later served by mail with any new filings. C.C.P. §1014. Plaintiff's inclusion of boilerplate language in the middle o...

Excerpt: ... a minor at a VCUSD school in 1968. New Trial Motion After Demurrer. A new trial motion lies where a judgment of dismissal has been entered following sustention of a demurrer without leave to amend, as is the case here. (Evarts v. Jones (1959) 170 Cal.App.2d 197, 206.) Gro unds for new trial in this situation include decisions unsupported by the law or errors in law. (Code Civ. Proc., § 657, subds. (6)- (7).) Legal Standard on Demurrer. “The f...

Excerpt: ...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 her case “with reasonable ...

Excerpt: ...aration, but it made no effort to provide information about when the class action claims were discovered, or explain why they were not brought sooner. In addition, leave to amend can be denied when it appears the new allegations would not survive a later motion challen ge, such as by demurrer. Congleton v. National Union Fire Ins. Co. (1987) 189 Cal.App.3d 51, 62, quoting 5 Witkin, California Procedure (3d ed. 1985) Pleading, §1121, pp. 537- 538...

Excerpt: ...ve any settlement of any civil action filed pursuant to [the PAGA]” and that any proposed settlement must be submitted to the Labor and Workforce Development Agency simultaneously with the court. The trial court's task in reviewing a PAGA settlement is to ensure that the settlement is fair, adequate, and reasonable, as well as meaningful and consistent with the PAGA's goal of public benefit through increased enforcement of labor law. (Moniz v...

Excerpt: ...RS, INC.; WISE NORTH BAY, INC.; WISE RIDERS, INC.; WISE SAN MATEO, INC.; WISE MARIN, INC.; and K.E.W. CORP. (“Demurring Defendants”) attacked all causes of action alleged against some or all of them, save one, the 9th cause of action for violation of UCL. The basis for demurrer to each of the other causes of action alleged against them was failure to state a cause of action. Class action claims asserted can only be brought against the defenda...

Excerpt: ...uence by groups such as MADD, California courts found such driving can subject the driver to possible punitive damages, depending upon the history of the driver and/or the recklessness of the driving. Taylor v. Superior Court (1979) 24 Cal.3d 890; Dawes v. Superior Court (1980) 111 Cal.App.3d 82. Plaintiffs' first amended complaint alleged that moving party PAUL WESSEL (“WESSEL”) was traveling at a rate of speed not only above the speed limi...

Excerpt: ...the presence of V CUSD employee JANE DOE. 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 or her case “with reasonable precision and with particularity suff...

Excerpt: ...n alleged against it cannot be established. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements of a cause of action for dangerous condition of public property are: 1) the property owned or controlled by the p ublic entity was in a dangerous condition at the time of the injury, 2) the injury was proximately caused by the condition, 3) the type of injury sustained was a reasonably fore...

Excerpt: ...n alleged against it cannot be established. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements of a cause of action for dangerous condition of public property are: 1) the property owned or controlled by the p ublic entity was in a dangerous condition at the time of the injury, 2) the injury was proximately caused by the condition, 3) the type of injury sustained was a reasonably fore...

Excerpt: ...24. Should Defendant Turley fail to appear for deposition as agreed, absent a good faith reason or substantial justification, the court shall impose a sanction upon Mr. Turley only of $1000, which shall then be due and payable to Plaintiff not later than 30 days afte r the scheduled deposition date. At that time, a second deposition date will be scheduled with Mr. Turley. Should he fail again to appear as agreed, the court will consider contempt...

Excerpt: ...out the harassment but failed to take “immediate and appropriate corrective action.” (Gov. Code § 12940(j)(1); Roby v. McKesson (2009) 47 Cal.4th 686, 707; Mathieu v. Norrell Corp. (2004) 115 Cal.App.4th 1174, 1185.) Similarly, the employer must “take all reasonable steps Page 1 of 6 necessary to prevent discrimination and harassment from occurring”, which includes the prompt investigation of any claims. (Gov. Code § 12940(k); Cal. Fair...

Excerpt: ...n auto loan financed by Plaintiff for a 2017 Jeep Grand Cherokee. Plaintiff alleged Defendants not only failed to return the vehicle but secreted it so that Plaintiff was unable to repossess the vehicle. Defendants, who are self -represented, answered the complaint on April 4, 2023 and thereafter filed a succession of pleadings including a cross -complaint, a declaration unattached to any motion, a surety bond, a motion to quash, a motion to st...

Excerpt: ... the Private Attorney s General Act (the “PAGA”). Defendant MAIN ELECTRIC SUPPLY COMPANY LLC (“MAIN ELECTRIC”) simultaneously moves to join EXPRESS's motion to compel arbitration and thereby also compel arbitration of Plaintiff's claims against MAIN ELECTRIC. Joinder to Moti on to Compel Arbitration. The minute order after hearing from November 6, 2023 states that the Honorable R. Michael Smith ordered EXPRESS to file its motion to compe...

Excerpt: ... Standard. Code of Civil Procedure section 1032 authorizes recovery of costs for a prevailing party. Plaintiff is a prevailing party entitled to recover costs per the court's order following trial. (Defendant's Request For Judicial Notice K.) Section 1033. 5 delineates the categories of recoverable costs under section 1032 and also expressly disallows some sorts of costs. If an item of costs is not expressly allowed or disallowed it may be allowe...

Excerpt: ... Linforth v. White (1900) 129 Cal. 188, 190; Gortner v. Gortner (1976) 60 Cal.App.3d 996, 999.) Plaintiff's proof of service shows service by mail, addressed directly to Defendant Green Dot, at an address in Sacramento different from the address given for Defendant Green D ot's attorney of record. Additionally, both motions lack merit. Plaintiff's motion for leave to file an untimely “answer” to Defendant's demurrer is moot, the court having...

Excerpt: ... reques ts judicial notice of the following document: the Senate Rules Committee Office of Senate Floor Analyses Unfinished Business SB 579, dated September 1, 2015 (a portion of the legislative history of Labor Code section 230.8). Defendant requests judicial no tice of thirteen items from the record of this case. The court takes judicial notice of all proffered items as records of official acts of the Legislature, records of a court of this st...

Excerpt: ...73 Cal. App.4th 1189, Ventura Unified School District v. Superior Court (2001) 92 Cal.App.4th 811). CCP Section 394 does not use the term “accident”, but uses the language, “for injury occurring within […] the county.” CCP Section 394. The complaint in the prese nt case does not allege that the accident, plaintiff's injuries or the death of her son occurred, even in part, in Merced County. In their motion, defendants note that the comp...

Excerpt: ...s are sought” fo r these requests. (Evid. Code § 1043(b)(1).) To the extent that Plaintiff seeks the personnel records of Lieutenant Kresha, Chief Cantrell, and Interim Chief Tibbett, the motion is denied. Plaintiff has not demonstrated good cause for production of the se records, having failed to adequately articulate how the discovery sought would lead to evidence relevant to any claim made by Plaintiff or a “specific factual scenario” ...

Excerpt: ...d to answ er a cross-complaint that duplicated the answer to the complaint; it did not prohibit a cross -complaint that was duplicative of the complaint. Moreover, the cross -complaint in the present case is not duplicative of the complaint. While the complaint seek partition by sale to a third party, the cross- complaint seeks partition by sale of one co -tenant's interest to the other cotenant. Page 2 of 6 The demurrer is sustained with leave t...

Excerpt: ...ndants. Even if proofs of service had been filed, the application could not be granted. Page 3 of 6 Another requirement for a writ of possession is that there be sufficient evidence to establish the likely location of the vehicle. C.C.P. §512.010(b)( 4) requires: A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private pl...

Excerpt: ...glect. Thoug h the moving party bears the burden of showing that its mistake or neglect was excusable, any doubt as to that showing must be resolved in the moving party's favor to promote legislative policy favoring trial on the merits. (New Albertsons, Inc. v. S u p e r i or Court (2008) 168 Cal.App.4th 1403, 1420.) SERITAGE presents evidence that it acted promptly to secure an attorney by tendering its claim to its insurance carrier Sedgwick on...

Excerpt: ...ealing by making a frivolous and bad faith indemnity claim based on “easily and inexpensively resolved issues” cited by California's Board of Vocational Nursing & Psychiatric Technicians. (FAC, ¶ 9.) The covenant of good faith and fair dealing is an implied contrac tual term that aims to effectuate the contractual intentions of the parties by requiring that neither party to the contract will do anything to injure the right of the other to re...

Excerpt: ...n deposition notices or business records subpoenas, the moving party must engage in meet and confer efforts to try to resolve the disputes. C.C.P. §2031.310(b)(2) [requests for production]; C.C.P. §2025.450(b)(2) [documents requested in deposition notice]; C.C.P. §§2 020.020(b), 2020.030 and 2025.450(b)(2) [documents requested in business records subpoena]. Page 2 of 5 The trial court has discretion in determining whether adequate meet and co...

Excerpt: ...t Plaintiff, BART, and MALCOLM are siblings and together the sole shareholders of CTF, a corporation engaged in tree farming, and that due to BART and MALCOLM's acts as combined majority shareholders CTF's business has been abandoned, Plaintiff as minority shareholder has been s ubjected to persistent unfairness in that she has realized little or no profit from her ownership share, and that liquidation is reasonably necessary to protect the righ...

Excerpt: ...nce by groups su ch as MADD, California courts found such driving can subject the driver to possible punitive damages, depending upon the history of the driver and/or the recklessness of the driving. Taylor v. Superior Court (1979) 24 Cal.3d 890; Dawes v. Superior Court (1980) 111 Cal.App.3d 82. Plaintiffs' first amended complaint alleged that moving party LARRY BOWIE (“BOWIE”) “rapidly approached the rear of a [car] in the same lane in fr...

Excerpt: ...ment with Defendant on May 28, 2020 because she took up to forty hours' time off to address a childcare provider and/or school closure emergency caused by the COVID -19 pandemic. The jury returned a verdict on July 21, 2023 finding in Plaintiff's favor on both causes of action and awarding her net damages of $69,500. Defendant asserts several irregularities in the proceedings that prevented it from receiving a fair trial and which support granti...

Excerpt: ...7200. Summarized, Plaintiff's complaint alleges that Plaintiff, DISCOVERY, SEENO III, and Defendant VILLAGES AT FAIRFIELD, LLC (“VILLAGES”) participated in a development project for the City of Fairfield for which Plaintiff and co - developers who are not presently parties w ere awarded public facility fee credits. Plaintiff alleges that Defendants converted the fee credits to their own use by applying the credits to Defendants' separate dev...

Excerpt: ... this lo cal rule in substantially the following form: “Notice: The Superior Court in and for Solano County has adopted a tentative rulings system that is described in the court's local Rule 3.9. Failure to comply with Rule 3.9 may seriously affect parties' rights in this case.” The notice of motion filed here fails to contain this notice. CRC 3.1700 requires court costs to be requested by filing and service of a memorandum of costs, within...

Excerpt: ...ates fact s sufficient to constitute a cause or causes of action and the defendant's answer does not state facts sufficient to constitute a defense. (Code Civ. Proc., § 438, subd. (c)(1)(A).) The grounds for such a motion must appear on the face of the pleadings o r 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 susta...

Excerpt: ...t could be enforced]. Residents of a continuing care retirement community (CCRC) are also protected by Civil Code §1953(a)(4), and cannot be compelled to arbitrate renter -type claims against the property owner. Harris v. University Village Thousand Oaks CCRC LL C (2020) 49 Cal.App.5th 847, 850 -851 [finding the arbitration provisions in the dwelling lease or rental agreements void, despite the trial court's Page 2 of 4 characterization of thos...

Excerpt: ...ded complaint, which at its heart alleges that Plaintiff, now an adult, suffered childhood sexual abuse from Defendant EDWARD HEARN, a teacher, while attending a DUSD school, and in turn DUSD's own cross- complaint against DOLPHINS for indemnity based on those allegations. Leg al Standard. A defendant may move for judgment on the pleadings on the basis that the complaint against him does not state facts sufficient to constitute a cause of action....

Excerpt: ...ichment. Summarized, the 1AC alleges that GOMEZ has left construction equipment and debris on SHARMA's agricultural land, preventing access to portions of the land, posing a hazard to persons on the land, and otherwise damaging the land. Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). The court takes judicial notice of GOMEZ's second amended complaint, SHARM...

Excerpt: ...ained only where the complaint is so bad that the defendant cannot reasonably respond, or cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against it. Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822; Edmon & Karnow (Weil & Br own), Civil Procedure Before Trial, §§7:85 and 7:86. It seems reasonably clear, and confirmed by the extensive arguments raised by LAWC and AABMI in support of the...

Excerpt: ...legations t hat Defendant RODRIGO GONZALEZ MENDOZA, acting in the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure secti...

Excerpt: ...ions that M ENDOZA, acting in the scope of his employment with Defendant MEDIC AMBULANCE SERVICE, INC. (“MEDIC”), caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to the motion. Code of Civil Procedure sec tion 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 eviden...

Excerpt: ...6-17 as a matter of law negate Plaintiff's ability to prevail on the 2nd cause of action for common counts, as there is no debt or obligation to support this claim. UMFs 18- 21 as a matter of law negate Plaintiff's ability to prevail on the 3rd cause of action for breach of the 2021 alleged oral lease agreement, as no violation of Civil Code §1947.12 can be shown. UMFs 23- 35 as a matter of law negate Plaintiff's ability to prevail on the 4th ca...

Excerpt: ...,000 to pursu e the action if the court finds “no reasonable possibility that prosecution of the action . . . will benefit the limited liability company or its members.” The deadline for filing such a motion is 30 days from service of the summons and complaint. Corpor ations Code §17709.02(b). WATERS was personally served with summons and complaint on November 6. Page 2 of 4 On December 4, another attorney in the office of WATERS' counsel...