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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ... 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: ...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: ...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...