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: ... 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: ... 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: ...]. 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... 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...

Excerpt: ...on for leave to Þle an amended complaint but neither contains a declaration per California Rules of Court Rule 3.1324, subdivision (b) specifying the e
¯ect of the proposed amendment, why the amendment is necessary and proper, when the facts giving rise to the amendment were discovered, and why amendment was not sought earlier. Further, the apparent e
¯ect of the proposed amendment is merely to clarify exactly where on Defendant's premises Pla...

Excerpt: ...JEFFRIE LELEA (“LELEA”) starting in 1999 while he was a youth director and youth group leader with COMMUNITY PRESBYTERIAN. Legal Standard on Demurrer. “The function of a demurrer is to test the su
¯iciency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is su
¯icient if it alleges ultimate rather than evidentiary facts, but the plainti
¯ must set forth the ess...

Excerpt: ...r. “The function of a demurrer is to test the su
¯iciency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is su
¯icient if it alleges ultimate rather than evidentiary facts, but the plainti
¯ must set forth the essential facts of his or her case “with reasonable precision and with particularity su
¯icient to acquaint [the] defendant with the nature, source and ...

Excerpt: ...the pleadings].) The court has not received opposition from Plainti
¯. The elements of a claim for common counts and/or account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor, (2) an agreement between the parties, express or implied, on the amount due from the debtor or creditor, and (3) a promise by the debtor, express or implied, to pay the amount due. (Zinn v. Fred R. Bright Co. ...

Excerpt: ...ercomes demurrer: It is not necessary that the cause o action be the one intended by plainti
¯. The test is whether the complaint states any valid claim entitling plainti
¯ to relie. Thus, plainti
¯ may be mistaken as to the nature o the case, or the legal theory on which plainti
¯ can prevail. But i the essential acts o some valid cause o action are alleged, the complaint is good against a general demurrer. [Quelimane Co., Inc. v. Ste...

Excerpt: ...al.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.) Although Plainti
¯ Þled a motion for leave to Þle a Þrst amended complaint on January 5, 2024, which included a proposed Þrst amended complaint that added some factual allegations actually directed against Defendant Green Dot, these limited allegations primarily asserting that “Defendant G...

Excerpt: ...ry judgment on the basis that the plainti
¯ 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 support of the moving party would be su
¯icient to sustain a judgment in his favor and his opponent does not show facts su
¯icient to present a triable issue of fact. (Parker v. Twentieth Century-Fox Film Corp. (1970) 3 Cal.3d 176, 181.) The...

Excerpt: ...�'s complaint is that the parties contracted for the sale to Plainti
¯ of robots for its food processing facility but the robots delivered do not function as warranted. Timeliness of Filings. The court exercises its discretion to consider the late-Þled demurrer. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 749.) Plainti
¯'s opposition to demurrer was timely. (Code Civ. Proc., §§ 1005, subds. (b)-(c), 1010.6, 1013, subd. (g).) Legal Standard o...

Excerpt: ...in this case. (Code Civ. Proc., § 1005, subd. (b).) Plainti
¯'s opposition was not Þled and served until January 25, 2024, after the date by which Defendant was required to Þle a reply. The court disregards Plainti
¯'s severely tardy opposition. Claim Presentation Requirements. Plainti
¯ cannot bring a tort case against Defendant, a public entity, unless Plainti
¯ shows he properly presented a written administrative claim for his injuries ...

Excerpt: ... Mgmt. Dist. v. City o Los Angeles (2021) 71 Cal.App.5th 314, 319-320.) In act, “the only manner in which the insurer may exercise those powers [to provide a deense or a suspended corporation in a civil action upon a claim or personal injury pursuant to Revenue and Tax Code § 19719] is by intervening in the lawsuit under Code o Civil Procedure section 387 and asserting any deenses on behal o its insured.” (Kauman & Broad Communitie...

Excerpt: ...i-SLAPP motion is entitled to reasonable attorneys' fees and costs. (Code Civ. Proc., § 425.16, subd. (c); Ketchum v. Moses (2001) 21 Cal.4th 1122, 1130 (Ketchum).) A motion for fees may follow a successful anti-SLAPP motion even where the order on that anti-SLAPP motion has been appealed. (Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461.) Such an award of fees and costs is limited to those incurred making and defending the re...

Excerpt: ... to depose Plainti
¯. Plainti
¯'s second amended veriÞed complaint alleges, essentially, that she is entitled by agreement with her brothers BART and MALCOLM to one- third ownership of family business CTF and she seeks dissolution of CTF because BART and MALCOLM have mismanaged the business to her detriment. Meet and Confer E
¯orts. The court Þrst considers the adequacy of the parties' e
¯orts to meet and confer to work these issues out bef...

Excerpt: ...gainst possible statutory liability as the vehicle owner (PIMENTA), or to establish the limits of such liability are $15,000 (TURO). C.C.P. §437c(p)(2). Summary adjudication is proper only as to a “cause of action, an a
¯irmative defense, a claim of damages, or an issue of duty. C.C.P. §437c(f)(1). A vehicle owner has at a minimum statutory liability for a motor vehicle accident caused by a permissive user (in the present case, ANTONIN STAUD...

Excerpt: ... “anti-SLAPP”) motion that struck Plainti
¯'s previously existing breach of contract claim. Defendants contend that while the work done on those motions was separate from their work on the anti-SLAPP motion the antiSLAPP law permits them to recover fees for that work regardless because it was necessary for the e
¯ective defense of their victorious anti-SLAPP motion. Wanland v. Law O
¯ices of Mastagni, Holstedt & Chiurazzi (2006) 141 Cal.Ap...

Excerpt: ...unsel engaged in a “serious e
¯ort at negotiation and informal resolution” that amounted to a su
¯icient “attempt to talk the matter over, compare their views, consult, and deliberate.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Rather than engaging in a meaningful attempt to informally resolve the dispute regarding each discovery request for which Plainti
¯ seeks...

Excerpt: ...ked by a horse. Request for Judicial Notice. The court takes judicial notice of the complaint Plaintiff filed against JACKSON in this county in case CU23-03078, alleging wage and hour violations, as a record of a court of this state. (Evid. Code, S 452, subd. (db.) Legal 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. (Code Ci...

Excerpt: ...ly with the list of discovery identified in the motion. The parties are therefore to appear for hearing on this motion, with Defendant's counsel to clarify whether verified further responses will be voluntarily provided not only to the discovery listed in the opposition, but also to Special Interrogatory 17; and Requests for Production 7; 10-14; and 16. Because the promise of further responses was not made before Plaintiff filed this motion, and ...

Excerpt: ...); Jackson v. Doe (2011) 192 Cal App.4th 742, 749.) The demurrer is sustained as to the third cause of action for elder abuse. In order to state a cause of action for elder abuse against Defendants, all fictional business entities, a plaintiff had to plead, with particularity, the statutory elements of the violation. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, Page 2 of 3 790.) Among the required elements are facts showing that ...

Excerpt: ...Civil Procedure section 9981 and then failed to obtain a more favorable result in the ultimate settlement of the case. Availability of Motion. Though Plaintiff primarily styles her motion one for reconsideration of the court's order under Code of Civil Procedure section 1008, subdivision (a), it is more properly construed as a renewed moton under section 1008, subdivision (b) as it seeks the same order as one previously sought and granted only in...

Excerpt: ...lemental interrogatory can be propounded by a party who earlier propounded interrogatories, "to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories." C.C.P. 52030.070(a). The same is true for requests for production, "to inspect, copy, test, or sample any later acquired or discovered documents, tangible things, land or other property, or electronically stored information in the ...

Excerpt: ... see, De$t of the Air Force v. Rose (1976) 425 U.S. 352, 372 [asserting that disclosure of "the kind of confidential personal data usually included in a personnel file" would be an invasion of personal privacyl.) Consequently, Defendant has met her burden of establishing a legally protected privacy interest in her employment records and a threatened serious invasion of that interest, shifting the burden to Defendant to raise "whatever legitimate ...

Excerpt: ...EICHERT") moves for leave to file a cross-complaint for indemnity against only JOHN and Defendant DEANN PETERSON ("DEANN"). Plaintiff's operative first amended complaint alleges that Defendants PULTE HOMES OF CALIFORNIA, INC. ("PULTE"), TEICHERT, JOHN, DEANN, and former Doe Defendant GARRETT PETERSON ("GARRETT") are responsible for injuries she sustained when a motor vehicle she was riding, and which GARRETT drove, went into a pit on PULTE and TE...

Excerpt: ...ing a mediation apparently consisting of more than one session with Thomas Healy, Esq. Five years later, a motion was filed by Ramirez to enforce the settlement on October 28, 2016 and set for hearing on January 13, 2017 before Judge Beeman. After the motion was filed but before the hearing, Murphy's counsel filed an ex parte application to be relieved as attorney of record. On the date of the hearing another attorney appeared for Murphy and info...

Excerpt: ...at his vehicle was directly behind Plaintiff's vehicle and that Defendant Tirado told the responding offcer that he had managed to come to a complete stop but Defendant Wong collided with his vehicle and pushed it into Plaintiff's vehicle. (UMF 2, 5.) None of the asserted undisputed facts establish that Plaintiff is unable to prove that Defendant failed to Page 5 of 7 exercise reasonable care in driving behind Plaintiff or that Defendant's conduc...

Excerpt: ... action against it for negligent infliction of emotional distress. Plaintiffs' complaint concerns UNIVERSAL's alleged acts and omissions relating to the death of their son Daimon Ferguson ("Decedent") at Defendant SUTTER VALLEY HOSPITALS, dba SUTTER SOLANO MEDICAL CENTER ("SUTTER")'s hospital on September 3, 2020. The court has not received opposition from FERGUSON. Objections to Evidence. MITCHELL refers to her "Evidentiary Objection No. 1" to U...

Excerpt: ...xists. Conversion is "any act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his rights therein." Fisher v. Machado (1996) 50 Cal.App.4th 1069, 1072. A wrongful act, such as negligence in breaching a duty of care, creates the possibility of strict liability for any damages that result. Burlesc:i v. Petersen (1998) 68 Cal.App.4th 1062, 1065. Plaintiff has filed a declaration asserting that he prov...

Excerpt: ...ope of employment with TRUMPET as she drove her vehicle to an appointment at a TRUMPET patient's home, injured pedestrian MARK NEES and thereby also caused BLANCA NEES to suffer damages from loss of consortium. Page 4 of 6 Objections to Evidence. Plaintiffs' objections to TRUMPET's use of TRUMPET's and KARR'S discovery responses in TRUMPET's separate statement of undisputed material facts are sustained. Code of Civil Procedure section 2030.410 on...

Excerpt: ...hearing, and to which the court did not sustain objec
Ÿons by the other. The par
Ÿes also appear to agree that the General Plan does not include speciÞc deÞni
Ÿons for its language restric
Ÿng the providing of “basic municipal services” for “urban development” outside of CITY's urban limit line. Is it fair to characterize the main area of disagreement between the par
Ÿes is whether the General Plan is ambiguous as to whether water ...

Excerpt: ...failure to prevent harassment against COCR. 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., S 437c, subd. A summary judgment moton 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...

Excerpt: ... a public entity is not liable for damages awarded under Secton 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant. The demurrer is sustained without leave to amend as to Plaintiff's inclusion of CALIFORNIA MEDICAL FACILITY as a named defendant. The California Medical Facility (CMF) is one of many prisons over which CDCR has jurisdiction. Penal Code 55003(f). Other statutes conf...

Excerpt: ...ized under California law for vacating a judgment, including the incorrect calculation of interest. However, in addition to vacating the current sister-state judgment, the court can also issue a different judgment to take its place, if finds it appropriate to do so. (a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground tha...

Excerpt: ...ation apparently consisting of more than one session with Thomas Healy, Esq. Five years later, a moton was filed by Ramirez to enforce the settlement on October 28, 2016 and set for hearing on January 13, 2017 before Judge Beeman. After the motion was filed but before the hearing, Murphy's counsel filed an ex parte application to be relieved as attorney of record. On the date of the hearing another attorney appeared for Murphy and informed Judge ...

Excerpt: ...gage in the interactive process, (5) retaliation for requesting leave, (6) retaliation for complaining about discrimination, (7) wrongful termination, (8) defamation, (9) intentional infliction of emotional distress, (10) failure to pay minimum wage, (11) Page 5 of 14 failure to pay for all hours worked, (12) failure to pay overtime, (13) failure to provide rest periods, (14) failure to keep records, and (16) unfair business practices. The absenc...

Excerpt: .... The case concerns a sales contract for a 2017 Jeep Grand Cherokee vehicle. The court has not received opposition to the motion. Legal Standard. A plaintiff may move for summary adjudication as to one or more causes of action within an action if the plaintiff contends that there is no defense to the cause of action. (Code Civ. Proc., S 437c, subd. (f)(l).) A crossdefendant may move for summary judgment on the basis that the plaintiff cannot esta...

Excerpt: ...his local 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 notce 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 15 days a...

Excerpt: ...t notes that VCUSD's demurrer targets Plaintiff's second amended complaint. However, Plaintiff does not have a second amended complaint on file. Plaintiff's attempt to file a second amended complaint on September 28, 2023 was rejected due to presenting for filing outside of the tme period the court allowed. The court exercises its discretion to consider the demurrer as against Plaintiff's still-operative IAC on the basis that the factual allegati...

Excerpt: ... Defendant JAMES DOE ("DOE"). Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). VCCISD requests judicial notice of a June 15, 2023 order partially sustaining a demurrer in Contra Costa County case C22- 02613, Jane Doe v. Acalanes Union High School District. The court declines to take judicial notce of the proffered order at this time, for purposes of this demu...

Excerpt: ...tion that the investigator's communications with each witness is being compiled and will be produced, renders much of the remaining part of this motion moot. However, to ensure CITY has produced all responsive nonprivileged documents (and documents whose privilege was waived by CITY's assertion of its new affirmative defense), CITY shall serve further verified responses to Request for Production No. 4, and Form Interrogatories 115.1 and 215.2, wi...

Excerpt: ...using and Employment Act (the "FEHA"), additionally fails due to PROCTOR's lack of a right-to sue notce from the Department of Fair Employment and Housing (the "DFEH"). Summarized, Plaintiffs' complaint alleges that Plaintiffs rented residential property from Defendants and that the property has numerous serious habitability issues. Legal Standard. "The function of a demurrer is to test the suffciency of the complaint as a matter of law." (Holida...

Excerpt: ...amount identified in the settlement agreement. Defendant's opposition argued that (1) the court was not presented with a request to retain jurisdiction, because the settlement agreement containing such a request was not filed with the court before this motion; (2) the settlement agreement fails to include a "time is of the essence" provision; and (3) the settlement agreement fails to contain an acceleration clause. As to court jurisdiction, no di...

Excerpt: ...section 436, subdivision (a) permits a court to strike out any irrelevant, false, or improper matter inserted in any pleading, upon a moton or in its discretion. The court understands that the parties agree that the reference to Government Code section 835, relating to public entity liability for the dangerous condition of its property, is in the complaint in error. (Motion to Strike at p. 2, fn. 1.) The references to Government Code secton 815.6...

Excerpt: ...or to the hearing." (Minutes (11/2/23).) The proof of service had to be filed on or before December 7, 2023, or five court days prior to the hearing. (Cal. Rules of Court, rule 3.1300(c).) Defendant Winnresidential's Motion to Strike Defendant Winnresidential California, LP's motion to strike punitive damages from Plaintiff's first amended complaint is granted with leave to amend. A defendant's failure to meet and confer prior to filing the motio...

Excerpt: ... 437c(p)(1); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) 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, 1112.) It is undisputed that Defendant applied for and entered into a written loan agreement with Plaintiff, Plaintiff performed by disbursing the amount of the lo...

Excerpt: ...pleaded with specificity. (Knox v. Dean (2012) 205 Cal.App.4th 417, 434.) If a claim is based on a statutory duty, facts showing the existence of the claimed duty and the statutory elements of a violation must be pleaded with particularity. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790; Khoury v. Maly's of Cal. , Inc. (1993) 14 cal.App.4th 612, 519; Zuniga v. Haus. Auth. (1995) 41 cal.App.4th 82, 95; searcyv. Hemet Unified Sch...

Excerpt: ...tters, leave to amend is granted. On the first count (cause of action) for violation of CIPA: Penal Code 5630 precludes one who, "in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable". Thus, "interception" must be simultaneous (i.e., contemporaneous) with the website user's transmission of informati...

Excerpt: ...heories or unusual circumstances in this case. Yet to date, plaintiff's counsel has propounded 24 sets of written discovery including 5 sets of Form Interrogatories, 2 sets of Form Interrogatories (Employment), 6 sets of Special Interrogatories remarkably totaling more than 116 questions, 5 sets of Requests for Admission and 6 sets of Requests for Production. In addition, Plaintiff has taken 5 depositions including the store manager, 2 assistant ...

Excerpt: ... pp. 3:21-28, 4:17-23.) Plaintiff's motion is a moton to compel further responses, which requires a separate statement. (Cal. Rules of Court, rule 3.1345(a)(2).) The failure to provide a compliant separate statement is a sufficient basis to deny the moton. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) Additionally, the responses are not evasive just because Plaintiff's counsel does not find them credible. Not only are the responses verifi...

Excerpt: ... estate in the Common Area" (UMF 2), that Defendant made adverse claims to Plaintiff's title by employing "personal property, including without limitation four dining tables, ten chairs and multiple heat lamps which fully and completely occupy it, and Defendant has surrounded the Subject Common Area with large potted plants, and a 'Planter Box Barrier'" (IJMF 14) to assert an exclusive or possessory interest in the Page 7 of 7 property (UMF 3), a...

Excerpt: ... damaged by erosion substantially caused by VACAVILLE's use and maintenance of its Alamo Creek drainage easement and a sixty-inch storm drain outfall ninety-two feet upstream and connected to land VACAVILLE owns. Objections to Evidence. In ruling on a moton 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., S 437c, subd. Plaintiff's objection...

Excerpt: ...amed plaintiff. Fierro v. Landry's Restaurant Inc. (2019) 32 Cal.App.5th 276. In Fierro, one set of named plaintiffs filed a wage and hour purported class action case against an employer. That case was eventually dismissed by the court for failure to bring it to trial within five years. Within days, a new wage and hour purported class action case against that same employer was filed, by a new named plaintiff. The trial court sustained the employe...

Excerpt: ...s employee of Defendant CREATION NETWORKS, INC.), caused an automobile collision that harmed him. 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., S 437c, subd. A summary judgment motion is properly granted where the evidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not s...

Excerpt: ...stantially the follow-ng 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 notce. CRC 3.17W requires court costs to be requested by filing and service of a memorandum of costs, within 15 days after service of the no...