Excerpt: ...ed causes of action. Judicial Notice. The court may properly accept facts it may judicially notice or that cannot reasonably be controverted when ruling on a motion for judgment on the pleadings. (Columbia Casualty Co. v. Northwestern Nat. Ins. Co. (1991) 231 Cal.App.3d 457, 468.) Defendants request judicial notice of the first amended complaint (“FAC”) and the lease agreement between them, Rickie Welch, and Bobby Welch, II. The court decline...

Excerpt: ...rtaining to the foreclosure sale at issue in this case and Plaintiff's Chapter 7 bankruptcy. Page 5 of 6 The court takes judicial notice of the existence and legal significance of the recorded documents as facts that cannot be reasonably controverted. (Ev. Code § 452, subds. (c), (h); Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) The court takes judicial notice of the bankruptcy court documents as r...

Excerpt: ...umption of those beverages. (Civ. Code § 1714(c).) The sole exception to this general rule of nonliability is when a “parent, guardian, or another adult … knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age”. (Civ. Code § 1714(d); Rybicki v. Carlson (2013) 216 Cal.App.4th 758, 764.) The term “furnish” requires an affirmative act to “to su...

Excerpt: ...ect is capable of cure and public policy favors great liberality in permitting amendment. (Aubry v. Tri‐City Hospital District (1992) 2 Cal.4th 962, 970‐ 971; Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768.) Plaintiff has made a plausible case that it can plead sufficient facts to establish HOISETH's potential liability. HOISETH's demurrer is sustained in its entirety with leave to amend. Plaintiff shall have thirty days from the date of he...

Excerpt: ...Saverio E. Demitri.) The factors to be taken into account in the determination of whether a settlement is in "good faith" include a rough approximation of the plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among the plaintiffs, and a recognition that a settlor should pay less in settlement than if found liable after a trial. (Tech‐Bilt, Inc. v. Woodward�...

Excerpt: ...DeLeon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 812.) Defendant concedes that he “did reside in the property for about two years”. (Decl. of Aaron Nguyen, ¶ 3.) Plaintiff alleges that each Defendant is the agent, employee, member, partner, principal, director, officer, heir, representative and/or joint venturer of the other. (Complaint, ¶ 5.) The undisputed evidence presented by Plaintiff supports this allegation. And, regardles...

Excerpt: ...g, upon a motion or in its discretion. Irrelevant matters are those not essential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Punitive Damages. Civil Code section 3294, subdivision (a) provides that punitive damages are only available in actions not arising from breach of contract if is “p...

Excerpt: ...issue of material fact on that element or defense. C.C.P. §437c(p)(2). The elements of a cause of action for negligence are duty, breach, causation and damages. Thomas v. Stenberg (2012) 206 Cal.App.4th 654, 662. In general, an action or inaction by a defendant must be a proximate or legal cause of the plaintiff's injury, in order for the defendant to be held liable. Valdez v. J.D. Diffenbaugh Co. (1975) 51 Cal.App.3d 494, 509. Courts apply a �...

Excerpt: ...(Code Civ. Proc. § 338(d).) Causes of action for breach of an oral agreement must be commenced within two years. (Code Civ. Proc. § 339(1).) The applicable statute of limitations for a cause of action for declaratory relief depends on the right or obligation sought to be enforced and is the same as would apply to actions for damages or injunction. (Howard Jarvis Taxpayers Ass'n v. City of La Habra (2001) 25 Cal.4th 809, 821; Ginsberg v. Gamson ...

Excerpt: ...aintiff's complaint identifies causes of action against the State for negligence, intentional tort and professional malpractice. (Complaint, par. 10.) On the face of the complaint, Plaintiff also checked the box “other” and typed in the words “wrongful assement [sic].” Other than attaching letters from 2018 regarding a 2014 tax assessment, Plaintiff makes no factual allegations at all. Significantly, Plaintiff does not allege compliance w...

Excerpt: ...de Civ. Proc. § 512.060(a).) Because Defendant has no interest in the property, the requirement of Plaintiff's undertaking is waived. (Code Civ. Proc. § 515.010(b).) Should Defendant wish to prevent Plaintiff from taking possession of the property, it may file with the court an undertaking in the amount of $11,345.51 to cover potential costs and damages that may be sustained as a result of Plaintiff's failure to gain possession. (Code Civ. Proc...

Excerpt: ...vil Procedure section 430.30, subdivision (a). Defendants request judicial notice of Deed of Trust 200500094746, recorded in Solano County on June 27, 2005, Substitution of Trustee 201800020648, recorded in Solano County on March 26, 2018, and Notice of Default 201800022079, recorded in Solano County on March 18, 2018. The court takes judicial notice of the existence and legal significance of these recorded documents as facts that cannot be reaso...

Excerpt: ...nts, and bank statements. Plaintiff has failed to produce any such documents or state that any such documents do not exist. As to number 30, Plaintiff must state what documents, if any, she submitted to Medi- Cal. If no other documents aside from profit and loss statements were ever provided to Medi-Cal, Plaintiff must so state. Plaintiff shall provide such responses and responsive documents, without objections, by May 4, 2020. Defendants are awa...

Excerpt: ...vantaged due to the court's prior notice of continuation, including the failure to file any necessary pleading during the period of emergency operations, in the event the parties are unable to appear, the hearing is continued to June 4, 2020. The court will provide notice and will repost its tentative ruling on June 3, 2020. Due to the length of this tentative ruling and the number of matters to be heard, a separate Zoom appointment will be email...

Excerpt: ... this judgment since 2010 when his wages were first garnished. Defendant was also on notice of the 2018 renewal of the judgment. Defendant fails to explain the unreasonable delay in seeking relief from the default. Due to the COVID‐19 emergency and orders to shelter in place, the court previously announced the intent to continue all civil matters through May 1, 2020. To ensure that no party has been disadvantaged due to this prior notice of con...

Excerpt: ... this judgment since 2010 when his wages were first garnished. Defendant was also on notice of the 2018 renewal of the judgment. Defendant fails to explain the unreasonable delay in seeking relief from the default. Due to the COVID‐19 emergency and orders to shelter in place, the court previously announced the intent to continue all civil matters through May 1, 2020. To ensure that no party has been disadvantaged due to this prior notice of con...

Excerpt: ... due by July 18, 2018. No responses were served and no extension was requested. On August 30, 2018, Defendant's counsel sent a meet‐and‐confer letter to Plaintiff's counsel requesting responses within 5 days. Again, no responses were served and no extension was requested. On March 12, 2019, Defendant's counsel sent correspondence to Plaintiff's counsel, again seeking responses to discovery requests. On March 20, 2019, Defendant's counsel forw...

Excerpt: ... 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 sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Doheny Park Te...

Excerpt: ... in which she could cure this defect, the court provided Plaintiff with an opportunity to amend to specifically plead facts as to why the action is not barred by the statute of limitations. (Mills v. Forestex Co. (2003) 108 Cal.App.4th 625, 641.) Plaintiff's FAC adds two paragraphs of allegations to address why her case is not time‐barred. Plaintiff alleges that: 1) Defendant requested information on the incident, notified Plaintiff that the ma...

Excerpt: ...filed in Solano County Superior Court on June 6, 2018, on behalf of Plaintiff JILLIAN WILSON in connection with medical care and treatment she received from Defendants KAISER FOUNDATION HOSPITALS et al. (collectively “KAISER”). At the time the suit was filed, an arbitration had already been initiated by Plaintiff on her claims of professional negligence or medical malpractice following submission of Plaintiff's written demand for arbitration ...

Excerpt: ... for the conduct of Defendant Heinemeyer. (See, Complaint, ¶¶ 4, 17‐20.) Consequently, Plaintiff was required to comply with the claims presentation requirements of the Tort Claims Act by pursuing written claims with the respective employing public entities for these public employees. (Gov. Code §§ 950.2, 950.6(a); Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 374; People ex rel. Harris v. Rizzo (2013) 214 Cal.App.4th 921, 939; Julia...

Excerpt: ...fer Receipt for this case, and the fact that HORNE is a marriage and family therapist licensed by the California Board of Behavioral Sciences with license number 46660. The court does not need to take judicial notice of the two documents because they are already part of the record of this action. The court takes judicial notice of the fact of HORNE's license from a state licensing board as an official act of the executive department of the state ...

Excerpt: ...s the causes of action for “all defendants” which involve different contracts with different defendants and different alleged forms of breaches into a single cause of action for breach of contract. By incorporating by reference, using generic terms, and by failing to allege with specificity, Plaintiff's complaint is unnecessarily difficult to follow. However, a special demurrer for uncertainty is not intended to reach the failure to incorpora...

Excerpt: ...rder or for the renewal of a previous motion may be considered by any judge or court unless it is made according to this section”]. To renew a motion such as the earlier motion filed here by Defendant seeking relief from Judge Daniels' May order deeming admissions admitted, a party must file a motion per C.C.P. §1008(b), which sets forth new or different facts, circumstances or law that would justify a different result, and which identifies th...

Excerpt: ...use of action); failure to accommodate disability (5th cause of action); failure to engage in the interactive process (6th cause of action); retaliation (7th cause of action); and failure to prevent discrimination and retaliation in the workplace (8th cause of action). Because California's FEHA law is modeled on federal law (Title VII), California courts consider federal Title VII cases when applying FEHA, in discrimination and retaliation claims...