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Location: Solano x
2022.02.08 Demurrer 641
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.02.08
Excerpt: ...state estate. That petition was assigned case number FPR048670. The petition identified the home as an asset of the estate, and in addition to Plaintiff also identified two adult sisters as potential heirs. The probate case was dismissed by the court in January, 2019, after continued failure of the petitioner to perfect defects. Plaintiff's opposition contends that he has plead the existence of damages and that based upon his reliance that he wou...
2022.02.04 Motion for Summary Judgment 655
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.02.04
Excerpt: ...vidence. In ruling on a motion for summary adjudication the court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Moving Defendants' objections to Plaintiff's separate statement of undisputed facts on the basis of materiality and relevance are overruled. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot est...
2022.02.03 Demurrer 977
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.03
Excerpt: ... driven by Defendant Bartley. (Complaint, ¶¶ 3‐5, 7, 11‐13, 15; Amendment to Complaint.) Negligence may be alleged in general terms. (Lopez v. S. Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795; Stowe v. Fritzie Hotels, Inc. (1955) 44 Cal.2d 416, 421; Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 154.) “[A]fter what was done has been stated, it is sufficient to allege that it was negligently done, without stating the particu...
2022.02.02 Motion for Judgment on the Pleadings 966
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.02.02
Excerpt: ...he court may take judicial notice. C.C.P. § 438(d); see California Evidence Code § 452. In his answer, Defendant denied paragraphs 5, 7, 8, 11, 12, 14 of Plaintiff's complaint based on lack of information or belief. Those are the operative paragraphs alleging the elements of common counts; an unpaid debt that a defendant owes to plaintiff. 4 Witkin, California Procedure (6th ed. 2021) Pleading, § 565, p. 654. Therefore, DEFENDANT has specifica...
2022.01.28 Motion for Judgment on the Pleadings 444
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.28
Excerpt: ...ither on the face of the pleadings or upon facts of which the court may take judicial notice. C.C.P. § 438(d); see California Evidence Code § 452. Other extrinsic evidence, such as discovery admissions controverting the pleadings, cannot be considered on a motion for judgment on the pleadings. Weil & Brown, Civil Procedure Before Trial § 7:322, p. 7(I)‐92. PLAINTIFF only relies on the discovery admissions in this case to argue that there are...
2022.01.25 Petition for Relief for Late Claim 300
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.25
Excerpt: ...Court on December 17, 2019. (Complaint, par. 1). Plaintiff clearly had notice of the potential joint responsibility of the Superior Court as a potential owner of the sidewalk given that she expressly plead that she was leaving the court building when she tripped “directly in front of the Solano County Superior Court.” (Complaint, par. 1). Government Code, section 915(c) clearly specifies the manner in which a claim against a superior court sh...
2022.01.25 Demurrer 090
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.25
Excerpt: ...022, which was expressly stipulated to by the parties. The untimely opposition is stricken. 3 Parties to appear to discuss procedural aspects of this case including the stipulation to amend the complaint discussed on the record on April 23, 2021. This case was returned on remittitur after the trial court granted summary judgment. However, the court understands that the causes of action that were returned by the appellate court were solely a cause...
2022.01.21 Petition to Compel Arbitration 974
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.21
Excerpt: ...oversy and that a party to the agreement refuses to arbitrate. (Code Civ. Proc., § 1281.2.) In ruling on a petition to compel arbitration, the trial court shall order parties to arbitrate if it determines that a valid agreement to arbitrate the controversy exists by utilizing principles of California contract law. (Luxor Cabs, Inc. v. Applied Underwriters Captive Risk Assurance Co. (2018) 30 Cal.App.5th 970, 977.) Though California and federal l...
2022.01.21 Motion to Strike Punitive Damages 058
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.21
Excerpt: ...dants' motion to strike punitive damages as to minor defendant CHARLES THOMAS PAUL is denied. A motion to strike challenges pleading issues that are usually not addressable on a demurrer, including “irrelevant matter.” (Weil & Brown, Civil Procedure Before Trial, §§ 7:179, 7:182, pp. 7(1)‐76, 7(1)‐77.) Irrelevant matter includes demands for judgment requesting relief not supported by the allegations of the complaint. (CCP § 431.10) A m...
2022.01.19 Motion for Attorney Fees 533
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2022.01.19
Excerpt: ...the court to have been reasonably incurred by the buyer in connection with the prosecution of his action. (Civ. Code, § 1794, subd. (d).) When awarding these required fees a court must make an initial determination of the actual time expended and then ascertain whether under all the circumstances of the case the amount of actual time expended and the charge for the time are reasonable. (Hanna v. MercedesBenz USA, LLC (2019) 36 Cal.App.5th 493, 5...
2022.01.14 Petition for Writ of Mandate 058
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.14
Excerpt: ...ative decision to demonstrate wherein the proceedings were unfair, in excess of jurisdiction, or showed ‘prejudicial abuse of discretion'”].) Nothing in the administrative record lodged with the court suggests that Petitioner was not given adequate notice of the pendency of the action or that he was denied an adequate opportunity to present his objections. (Doe v. Regents of Univ. of Cal. (2016) 5 Cal.App.5th 1055, 1077.) The court notes that...
2022.01.13 Motion to Withdraw 495
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.13
Excerpt: ...igation is not absolute” and counsel has a duty to “not withdraw from employment until [s]he has taken reasonable steps to avoid foreseeable prejudice to the right of [her] client.”. (Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197.) “It [is] the duty of the trial court to see that [the client is] protected, so far as possible, from the consequences of [counsel's] improper abandonment of [her] client.” (Ibid.) At the September 20, 2021, c...
2022.01.11 Motion for Leave to File FAC 168
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.11
Excerpt: ...ts have not demonstrated adequate prejudice from the proposed amendment and the liberal rule of allowance must prevail. (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564.) Plaintiff has agreed to submit to a subsequent deposition (Decl. of Buchanan (1/4/22), ¶ 3) and Defendants have made no showing that they are not capable of completing the additional written discovery r...
2022.01.07 Motion to be Relieved as Counsel 490
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.07
Excerpt: ...il to agree upon or advance litigation. This case was filed in 2016 and is past the deadline for discretionary dismissal for failure to prosecute. In addition, given the inability of the litigants to provide direction to counsel, the court questions the individual capacity and desire of the litigants to maintain this action. An Order to Show Cause why this case should not be dismissed and the lis pendens vacated shall issue to Plaintiffs' counsel...
2022.01.04 Motion to Enforce Settlement Agreement 955
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2022.01.04
Excerpt: ...of this suit and settlement negotiations. In lieu of a court‐supervised winding up, the parties agreed that Defendants JAMES and VALERIE INGLEBRIGHT would be solely responsible for winding up the corporation. Neither party made indemnification of unknown third‐party claims or unknown tax liabilities a condition of settlement. However, it was clear that Defendants JAMES and VALERIE INGLEBRIGHT assumed exclusive responsibility for winding up th...
2021.12.22 Demurrer to Petition for Writ of Mandate, Motion to Disqualify Office of D.A. 031
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.12.22
Excerpt: ...ng, or it is withdrawn by the moving parties, the court may proceed later in this scheduled hearing to consider argument on the demurrer and writ. Otherwise, if the disqualification motion is granted, or taken under submission, the court will discuss the resetting for hearing of the demurrer and the writ. Page 3 of 4 As the tentative ruling on the disqualification motion: Moving parties identified Penal Code §1424(a)(1) as the basis for this dis...
2021.12.16 Demurrer 623
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.12.16
Excerpt: ...e of action under section 1983. As to the state law claims, any claim against a public entity must be authorized by statute. Government Code section 815. Government Code section 844.6 immunizes public entities from suits based on injury to a prisoner. The only exception to this broad immunity relevant here is Government Code section 845.6, which makes public employees and entities liable for injuries to a prisoner in certain situations, including...
2021.12.15 Motion for Judgment on the Pleadings 966
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.12.15
Excerpt: ...he court may take judicial notice. C.C.P. § 438(d); Evidence Code § 452. In his answer, Defendant denied paragraphs 5, 7, 8, 11, 12, 14 of Plaintiff's complaint based on lack of information or belief. Those are the operative paragraphs alleging the elements of common counts; an unpaid debt that a defendant owes to plaintiff. 4 Witkin, California Procedure (6th ed. 2021) Pleading, § 565, p. 654. Therefore, DEFENDANT has specifically denied, bas...
2021.12.10 Motion for Summary Judgment, Adjudication 109
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.12.10
Excerpt: ...Code § 26038 which would entitle them to judgment on the causes of action1 . (Code Civ. Proc. § 437c(p)(1).) It is undisputed that in order to operate a cannabis business in the Benicia City limits, the Benicia Municipal Code requires a valid use permit. (See Benicia Municipal Code, § 17.84.040.) It is also undisputed that the defaulting defendant, EVERGREEN RELIEF, entered into a commercial lease with Defendant landowner TUTTLE FAMILY LIVING ...
2021.12.09 Motion to Compel Further Responses 474
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.12.09
Excerpt: ...anted to compel further responses to the following interrogatories: Form Interrogatories 15.1; 17.1; and Special Interrogatories 47‐ 51. The response to 15.1 thus far provided by FF PROPERTIES, LP dba FAIRFIELD PROPERTIES, LP (“FF”) did not include the names and addresses of each and every witness (some of which were referred to only in general descriptive terms), nor did it identify each and every document FF asserts support any denials of...
2021.12.08 Motion to Compel Further Responses 997
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.12.08
Excerpt: ...Defendant with a detailed meet and confer letter and that opposing counsel telephonically discussed the issues raised in the letter, it is evident that counsel did not engage in a “serious effort at negotiation and informal resolution” that amounted to a sufficient “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....
2021.12.07 Motion for Writ of Mandate 842
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.12.07
Excerpt: ...he Vallejo Police Department, it is undisputed that Petitioner WHITNEY was an at‐will employee. Under the 14th Amendment, a public employee discharged for a reason which might seriously impair his or her opportunity to earn a living, or which might seriously change his or her standing or associations in the community, is entitled to a name‐clearing hearing. (Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340.) In addition to t...
2021.12.03 Motion to Set Aside Default Judgment 139
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.12.03
Excerpt: ... personal service of the summons and complaint. However, substitute service by serving a competent member of the household and mailing the summons and complaint to the defendant at the address at which the defendant resides is also an effective form of service. Defendant acknowledges that she lived at the home in which substitute service was perfected. Other evidence also supports the existence of notice to Defendant of the judgment and renewal o...
2021.12.02 Motion for Class Certification, Application to Appear Pro Hac Vice 578
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.12.02
Excerpt: ... now moves for class certification in this action against Defendants WAHOO LOGISTICS, LLC (“WAHOO”), MOTION EXPRESS (“MOEX”), and FEDEX GROUND PACKAGE SYSTEM, INC. (“FEDEX”). Plaintiff seeks certification of the following class: “All hourly truck loaders/unloaders and delivery drivers employed by Defendants to work at the FedEx Ground Package branch located at 5191 Fermi Drive, Fairfield, California during the period of four years p...
2021.12.02 Demurrer, Motion to Strike 466
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.12.02
Excerpt: ...t of Corr. and Rehab. (2006) 142 Cal.App.4th 377, 386.) To be “material”, the change in work conditions must be more than merely contrary to the employee's interests or desires, but must consist of a detrimental and substantial effect on the employee's work environment. (Ibid.; Akers v. County of San Diego (2002) 95 Cal.App.4th 1441, 1445.) “[W]orkplaces are rarely idyllic retreats, and the mere fact that an employee is displeased by an emp...
2021.12.01 Motion to Enforce Settlement Agreement 729
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.12.01
Excerpt: ...any written document bearing the signatures of the parties or their attorneys here. Instead, she relies upon some communications between the attorneys, via telephone and e‐mail, which her counsel claims constitute a written settlement agreement. E‐mails are insufficient to meet the C.C.P. section 664.6 “signature” requirement. [A] typed name at the end of an e‐mail is not, by itself, a signature under case law. Courts have held that typ...
2021.11.19 Demurrer 730
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.11.19
Excerpt: ...contention cannot support liability for negligence. As a host, ELLSWORTH is subject to immunity by statute. (Civ. Code, § 1714.) A “social host who furnishes alcoholic beverages to any person” cannot “be held legally accountable for damages suffered by that person, or for injury to the person or property of … any third person, resulting from the consumption of those beverages.” (Civ. Code § 1714(c).) An exception to this immunity exis...
2021.11.18 Motion to Withdraw as Attorney 495
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.11.18
Excerpt: ...he proceeding.” (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.) “The right of counsel to withdraw from pending litigation is not absolute” and counsel has a duty to “not withdraw from employment until [s]he has taken reasonable steps to avoid foreseeable prejudice to the right of [her] client.”. (Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197.) “It [is] the duty of the trial court to see that [the client is] protected, so far as...
2021.11.18 Motion to Compel Execution of Consent to Release Cell Phone Records 353
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.11.18
Excerpt: ... of her cell phone records or compel her cell phone carrier, Verizon, to release the records pursuant to a subpoena duces tecum. The motion is granted with a time limitation. This case arises from a motor vehicle accident which resulted in criminal charges against Rowley and two civil cases, now consolidated. Moving parties seek Rowley's cell phone records for a brief period of time before and after the moment of the accident. Said records cannot...
2021.11.16 Motion to Vacate Renewal of Judgment, to Set Aside Entry of Judgment, to Dismiss Complaint 161
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.11.16
Excerpt: ...hin 2 years, where summons does not result in actual 2 notice]; Civil Code §1788.61(a)(3) [6 years on an action by a “debt buyer” is an outer limitation]; C.C.P. §473(d) [held by courts to impose a 2 year deadline from entry of default judgment, if judgment is valid on its face, but is void for improper service (Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§5:491 and 5:492, p. 5‐141). Defendant's motion here was filed i...
2021.11.10 Motion to Strike or Tax Costs 533
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.11.10
Excerpt: ...recoverable in a Song‐Beverly Consumer Warranty Act (“lemon law”) action, such as the one before the court, unless they were reasonable in amount and reasonably necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subds. (a)(3), (a)(10), (c)(5) [“necessary” deposition costs and attorney's fees, inter alia, are “costs”]; Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4th 807, 816 [lemon law attorney's f...
2021.11.10 Motion for Protective Order 139
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.11.10
Excerpt: ...t to meet and confer prior to filing of the motion. The Declaration of Yuki Cruse in Support of Motion shows that WINCO made adequate efforts to meet and confer prior to filing this motion. Merits of the Motion. Code of Civil Procedure section 2017.020, subdivision (a) allows a court to limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information s...
2021.11.10 Motion for Preliminary Approval of Class Action Settlement 707
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.11.10
Excerpt: ...d Amended Complaint to include claims through the present, and the large proposed class including 16,000 workers. While Defendants dispute liability, the difference in the potential amount versus the settlement is significant. How many employees did Six Flags have during this period of time that are not covered by the settlement? What is the potential liability for an average worker? What will an average worker actually receive? The record must e...
2021.11.05 Motion to Strike 330
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.11.05
Excerpt: ...es if not sham allegations. Here, the Second Amended Complaint (“SAC”) now alleges that Plaintiff said at the time of the accident that she was driving 120 miles. Defendant's criticism that this allegation should have been included with the original complaint is valid, but does not render this amended allegation a sham. Plaintiff also explains that the allegation follows sworn deposition testimony given by Anthony Avanessian and the expert op...
2021.11.05 Motion for Preference 264
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.11.05
Excerpt: ...nant. Having tried highly complex cases that have been given statutory priority, the court genuinely appreciates the concerns expressed by Defendants NEW IMAGE 3 LANDSCAPE CO. and CITY OF FAIRFIELD regarding the intrinsic difficulties with preparing a serious matter for jury trial within 120 days. While the court appreciates the concerns, the concerns are a matter for the Legislature, not the Court. The only barrier at this juncture to granting s...
2021.11.04 Motion to Approve Receiver's Final Accounting and Report, to Discharge Receiver, to Exonerate Receiver's Bond 828
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.11.04
Excerpt: ...w Cause and Motion to Strike filed by COMPASS BANK, the answers filed on behalf of suspended corporations FAIRFIELD IMPORTS TWO, LLC; VALLEJO IMPORTS, LLC and VALLEJO CJD, LLC. were withdrawn. The Court granted Plaintiff's motion for summary judgment on February 26, 2021 as to Defendant FAIRFIELD CJD, LP and Guarantor Defendant HASSANALLY. In that ruling, Plaintiff was awarded $18,286,232.90 in principal, $1,917,480.29 in interest as of July 24, ...
2021.11.03 Motion for Summary Adjudication 933
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.11.03
Excerpt: ...action of a purchase agreement that contains items for which Defendant may not be liable. (See, UMF 1‐4.) Additionally, although Plaintiff purports to direct this second summary adjudication motion against the second cause of action for violation of Civil Code section 1793.2(b), the damages for a violation of that subdivision are limited to “damages caused by the delay in repairing a nonconformity that did not substantially impair the car's u...
2021.10.29 Motion for Class Certification 578
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.29
Excerpt: ...ck loaders/unloaders and delivery drivers employed by Defendants to work at the FedEx Ground Package branch located at 5191 Fermi Drive, Fairfield, California during the period of four years prior to the filing of this action through the present.” Plaintiff seeks certification of the following subclass: “All hourly truck loaders/unloaders and delivery drivers employed by Defendants to work at the FedEx Ground Package branch located at 5191 Fe...
2021.10.27 Motion to Set Aside Default, Judgment 516
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.10.27
Excerpt: ...r or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. The motion is untimely. The Request for Entry of Default was filed August 20, 2020. The Default Judgment was entered September 11, 2020. The instant motion was filed August 31, 2021, almost one year after the ent...
2021.10.26 Motion for Admissions 655
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.26
Excerpt: ...'s Motion to Deem Matters Admitted. Defendant MIKE TALKINGTON's unopposed motion to deem facts admitted is granted. Plaintiff MIKE LOWRIE TRANSPORT, INC., shall be deemed to have admitted all propounded Requests for Admission (Set Two). Defendant MIKE TALKINGTON's Motion to Compel Responses to Form Interrogatories (General) The motion to compel Plaintiff MIKE LOWRIE TRANSPORT, INC. to respond to written responses to form interrogatories filed by ...
2021.10.26 Demurrer 065
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.26
Excerpt: ...emurrer based on uncertainty is disfavored, unless if renders the pleading impossible to know what charge is to be answered, or to determine how to investigate the charge through discovery. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§7:85 and 7:86, p. 7(I)‐41. 5 The court does not find the 2nd cause of action here sufficiently “uncertain” to justify sustaining CHURCH's demurrer on that basis. The court sustains CHURCH's...
2021.10.22 Motion to Strike Declaration 578
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.22
Excerpt: ...ion communications between the parties and putative class members to ensure fairness in class actions. (Barriga v. 99 Cents Only Stores LLC (2020) 51 Cal.App.5th 299, 307‐308.) The court has broad authority to make appropriate orders 2 that protect the integrity of the class and the administration of justice. (Id. at p. 328, citing O'Connor v. Uber Technologies, Inc. (N.D. Cal., May 1, 2014, No. C‐13‐3826 EMC) 2014 U.S.Dist. LEXIS 61066 at ...
2021.10.21 Motion to Compel Responses, for Sanctions, to Deem RFAs Admitted 332
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.10.21
Excerpt: ...nd for sanctions; and a motion for order deeming Requests for Admission served on Defendant Dwight Davenport admitted, and for sanctions. Defendant Dwight Davenport failed to file oppositions to either motion. Plaintiff's motion to compel responses to Requests For Production Set No. 1 is granted. By failing to timely serve responses to this discovery request and produce documents, Defendant Dwight Davenport has waived all objections. (Code Civ. P...
2021.10.20 Motion to Compel Further Responses 178
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.10.20
Excerpt: ...to reexamine their positions, and to narrow their disputes to the “irreducible minimum” before asking the court to resolve them. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §8:1159; See also Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1281, quoting Townsend v. Superior Court (1998) 61 Cal.App.4th 1431 [“'informal resolution' of discovery disputes ‘entails something more than bickering with (opposing counsel).' Rather,...
2021.10.19 Demurrer 641
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.19
Excerpt: ...on may have been delayed to the point in time when Plaintiff knew, or reasonably should have known, that CALIBER would not grant him successor in interest status and/or a loan modification. (Fox v. Ethicon Endo‐Surgery, Inc. (2005) 35 Cal.4th 797, 806‐807.) Plaintiff's complaint alleged that CALIBER continued to encourage him to make the loan payments and continued to ask him to submit documents to evaluate his request for successor in intere...
2021.10.15 Motion for Leave to File Complaint 675
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.15
Excerpt: ...se with MedMark, knew that Plaintiff is an employee of MedMark, and, as evidenced by their tender in 2019, was well aware of the role of Medmark in this litigation. At the case management conference (“CMC”) on May 7, 2021, the court was informed by one or more parties that the reason the mediation did not take place as previously agreed and ordered was that Destan Investments unilaterally pulled out of the mediation at the last minute citing ...
2021.10.08 Motion to Compel Deposition of PMK 514
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.08
Excerpt: ... relevant to the pending petition to compel arbitration. Opening up discovery to the potential class makes no sense and imposes the costs of significant discovery on Defendant in a case in which Plaintiff may not be able to serve as a representative in one or more aspects of this case and in which a petition to compel arbitration is pending. Further, without a prior court order and/or agreement by Plaintiff that engaging in this expanded scope of...
2021.10.06 Motion to Strike or Continue Trial, for Summary Judgment 642
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.06
Excerpt: ... deposition testimony if the opposing party has no notice or expectation that the expert will offer the new testimony or if notice of the new testimony comes at a time when deposing the expert is unreasonably difficult. (Dozier v. Shapiro (2011) 199 Cal.App.4th 1509, 1519; Kennemur v State of California citing Easterby v. Clark (2009) 171 Cal.App.4th 772, 780; Boston v Penny Lane Cts., Inc. (2009) 170 Cal.App.4th 936, 952.) The parties agreed, an...
2021.10.04 Motion for Summary Judgment 642
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.04
Excerpt: ...endant shall notify the court and opposing party by October 2, 2021 at 10 a.m. (As this case is scheduled with statutory priority to commence October 6, 2021, the parties have informed the court they will be working through the weekend.) Motion for Summary Judgment on Case Specific Grounds Defendant's motion for summary judgment on case specific grounds or, in the alternative, summary adjudication, is continued to October 6, 2021 at 10:30. Defend...
2021.10.01 Demurrer 426
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.10.01
Excerpt: ...ter July 23, 2020, when DAYTON was mailed the challenged final administrative decisions on two parking citations. Review under Code of Civil Procedure section 1094.5 is not available for parking citations. Those are handled entirely under Vehicle Code section 20400 et seq., which states that parking tickets “shall be governed by the civil administrative procedures set forth in this article.” Division 17, Chapter 1, Article 3 of the Vehicle Co...
2021.09.30 Motion to Bifurcate 642
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.09.30
Excerpt: ...onduct and Plaintiffs' damages from experiencing childhood leukemia. (CCP, § 598.) In reaching this decision, the court understands that this case is distinct from cases involving non‐Hodgkins lymphoma (“NHL”) which has been definitively linked by the IARC to the substantial exposure to glyphosate based upon studies. Unlike NHL, Plaintiff's expert (a member of the IARC) testified that IARC has not linked ALL to exposure to glyphosate in ei...
2021.09.29 Motion for Admissions 655
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.09.29
Excerpt: ...'s Motion to Deem Matters Admitted. Defendant MIKE TALKINGTON's unopposed motion to deem facts admitted is granted. Plaintiff MIKE LOWRIE TRANSPORT, INC., shall be deemed to have admitted all propounded Requests for Admission (Set Two). Defendant MIKE TALKINGTON's Motion to Compel Responses to Form Interrogatories (General) The motion to compel Plaintiff MIKE LOWRIE TRANSPORT, INC. to respond to written responses to form interrogatories filed by ...
2021.09.28 Motion to Set Aside Dismissal, for Entry of Judgment 336
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.09.28
Excerpt: ...ritten settlement agreement on March 16, 2017 that provided that judgment for $11,320.00 would not be entered against Mr. Garza if he paid to Bank of America a minimum of $75.00 monthly from March 20, 2017 through August 20, 2018 followed by a minimum of $150.00 from September 20, 2018 until the balance of $11,320.00 was paid in full. The agreement further provided that in the event of default that Bank of America could move for a judgment for wh...
2021.09.23 Demurrer 952
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.09.23
Excerpt: ..., Williams v. State of California, under Evidence Code section 452, subdivision (d) as records of the court. Claims Act Compliance. Plaintiff cannot bring a tort case against Defendant, a public employee acting in the course and scope of her employment at the time of the underlying incident, unless Plaintiff shows she properly presented a written administrative claim for her injuries to Defendant's employing public agency (the State of California...
2021.09.22 Motions for Attorney Fees and Release of Funds 943
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.09.22
Excerpt: ...I HATCH‐SMITH and filed June 14, 2021. The BIANCOS' second motion is to be awarded attorneys' fees and costs incurred in their partition action against PATTI E. HATCH‐SMITH (“HATCHSMITH”). Their partition action was consolidated with related cases concerning title to the property at issue (the “Property”) and monies owed to the BIANCOS for work performed. Attorneys' Fees under Code Civ. Proc., § 874.010. Code of Civil Procedure secti...
2021.09.16 Motion to Compel Further Responses 686
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.09.16
Excerpt: ...e of Civil Procedure section 2016.040 requires a declaration “showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion” to compel. The court finds Plaintiffs' counsel's declaration accompanying the motion to compel sufficient to show reasonable and good faith meet and confer efforts. (Declaration of Kevin R. Elliott at ¶¶ 8‐9, 11.) Requests for Admissions. Requests for Admissions #4‐5 r...
2021.09.02 Motion to Compel Further Responses, for Sanctions 288
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.09.02
Excerpt: ... 119, 124, 125, 126 and 128; and denied as to interrogatories 112, 113, 116, 118, 127, 131, and 132. Plaintiffs' motion to compel further responses to Requests for Production, Set Two is granted as to requests 60, 63 and 64; and denied as to requests 54, 55 and 62. Plaintiff's counsel here identified no further meet and confer effort after Defendant filed amended responses to some of the discovery at issue in Plaintiff's motions (Special Interrog...
2021.09.01 Special Motion to Strike 159
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.09.01
Excerpt: ...Communications preparatory to, or in anticipation of litigation, are protected if they concern the subject of the dispute “and [are] made in anticipation of litigation contemplated in good faith and under serious consideration”. (People ex rel. Fire Ins. Exch. v. Anapol (2012) 211 Cal.App.4th 809, 824.) Defendant presents evidence that the claim submitted to Plaintiff's surety was either “a necessary prerequisite to expected litigation or w...
2021.08.26 Motion for Summary Judgment 686
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.08.26
Excerpt: ...r summary adjudication the court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Moving Defendants' Objections #1‐26, 29‐43, and 45 are overruled. The parties' remaining objections are deemed immaterial to the disposition of the motion. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an elem...
2021.08.25 Motion to Strike 044
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.08.25
Excerpt: ...laintiffs' survival causes of action against Defendant were raised but not timely brought to trial, and Defendant has not requested judicial notice of any matter establishing that the survival causes of action are not in conformity with the laws of the state, a court rule, or an order of the court. While Defendant attempts to present as an exhibit a copy of a 2005 complaint filed with the Superior Court of San Francisco by the decedent, the exhib...
2021.08.25 Motion to Approve Final Accounting of Receiver 828
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.08.25
Excerpt: ...ng further meet and confer. During the July 9, 2021, hearing, Mr. Amin objected to the Receiver and GlassRatner being paid $172,000 in aggregate fees in the BMO matter. The Receiver and Mr. Amin were directed to further meet and confer and the Receiver to provide Mr. Amin with supporting documentation for the fees incurred. The court ordered that following meet and confer if specific objections to the fees persisted, HASSANALLY was required to su...
2021.08.25 Demurrer 650
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.08.25
Excerpt: ...ctivities of daily living and cannot Page 3 of 3 live alone. (Complaint at ¶ 18.) Plaintiff requires constant monitoring due to “severe Alzheimer's.” (Complaint at ¶ 20.) Plaintiff suffers from “dementia.” (Complaint at ¶ 22.) The complaint states that Vincent Hackett brings the action as Plaintiff's attorney in fact. Mr. Hackett, as Plaintiff's attorney in fact but not her guardian ad litem, does not have the ability to bring an actio...
2021.08.20 Demurrer 730
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.08.20
Excerpt: ... portion of Defendants' motion constitutes an improper disguised motion for reconsideration. (See, Morite of Cal. et al. v. Superior Court (1993) 19 Cal.App.4th 485, 490 [a motion for reconsideration pursuant to Code of Civil Procedure section 1008 is the exclusive means for a party to seek modification, amendment, or revocation of an interim order].) Defendants' demurrer to the third cause of action for negligence is sustained without leave to a...
2021.08.19 Demurrer 078
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.08.19
Excerpt: ...ciaries of a trust have no standing to sue on claims belonging to the trust. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§2:6.5 through 2:6.7, pp. 2‐4 and 2‐5. It is the trustee of the trust who has standing and capacity to sue, to assert claims on behalf of the trust, and its beneficiaries. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §2:6, p. 2‐3. As to each of the causes of action asserted by trustee ...
2021.08.18 Motion for Summary Judgment, Adjudication 474
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.08.18
Excerpt: ... liability. Both causes of action share the same elements of duty, breach, causation and damages. Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158 [“The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury”]. The majority of Defendants' arguments in this motion seek to negate a necessary element shared by both the negligence and the p...
2021.08.17 Motion to Vacate and Set Aside Renewal of Judgment 161
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.08.17
Excerpt: ...Santa Clara Street, Ste 278, Hayward, CA 94544 (510) 266‐5826. Defendant served the motion upon Plaintiff and assignee. 4 COLLECTRIX subsequently filed an untimely opposition to this action. Further, a pro per cannot appear on behalf of a limited liability corporation as to do so constitutes an unauthorized practice of law. The court strikes the Opposition. The record shows that Mr. Childs had actual notice of the lawsuit. The lawsuit was maile...
2021.08.17 Motion for Attorney Fees 918
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.08.17
Excerpt: ...ported by evidence and law. (See, e.g., Grappo v McMills (2017) 11 Cal.App.5th 996, 1013.) Plaintiff is awarded reasonable attorneys' fees of $21,381.02 in securing the default judgment as to Quinto, as calculated using the schedule of attorneys' fees in default matters provided by local rule. (Local Rules of Court, rule 9.1, subds. (a), (d).) Plaintiff has not established that the award of a higher amount is warranted or reasonable under the cir...
2021.08.13 Petition for Writ of Mandate 778
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.08.13
Excerpt: .... There are two essential elements to the issuance of a writ of mandate: 1) a clear, present, and usually ministerial duty upon the part of the respondent and 2) a clear, present, and beneficial right in the petitioner to the performance of that duty. (Venice Town Council v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1558.) Although the duty to screen an inmate appeal is ministerial, the decision to reject or cancel an inmate appeal is a dis...
2021.08.13 Motion to Compel Arbitration 231
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.08.13
Excerpt: ...is premature. There are numerous legal and/or factual issues that must be determined before the court can properly evaluate the motion to compel AAA appointment of a third appraiser, including, but not necessarily limited to, whether delivery of sealed appraisals to a mutually agreed‐ upon escrow agent was excused because of impossibility when the parties did not mutually agree upon an escrow agent; whether Defendants' refusal to consent to the...
2021.08.11 Motion to Compel Neurological and Neuropsychological IMEs 876
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.08.11
Excerpt: ... mental examination. Plaintiff placed her mental and emotional condition at issue in the Complaint and is making a claim for mental and emotional distress above and beyond that usually associated with the physical injuries claimed. (C.C.P. §2032.320.) Good cause is also shown for the examinations to take place more than 75 miles from the current residence of the plaintiff. The accident occurred in California; plaintiff treated in California; the...
2021.08.04 Motion for Summary Judgment, Adjudication 474
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.08.04
Excerpt: ... liability. Both causes of action share the same elements of duty, breach, causation and damages. Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158 [“The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury”]. The majority of Defendants' arguments in this motion seek to negate a necessary element shared by both the negligence and the p...
2021.07.29 Motion for Summary Judgment 082
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.07.29
Excerpt: ...tice of several recorded documents pertinent to this Homeowner's Bill of Rights action, as well as documentation from Plaintiff's Chapter 7 bankruptcy case. Plaintiff also requests judicial notice of certain documentation from her bankruptcy case. The court takes judicial notice of all proffered recorded documents as facts not reasonably subject to dispute and capable of ready and accurate determination. (Evid. Code, § 452, subd. (h); Md. Casual...
2021.07.28 Motion for Priority in Trial Setting 650
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.07.28
Excerpt: ...e action as a whole and the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Subdivision (d) permits a court to grant any motion for preference in its discretion if it sees clear and convincing medical documentation concluding that a plaintiff suffers from an illness raising substantial medical doubt of the plaintiff's survival beyond six months and the court believes that a...
2021.07.27 Motion to Compel Deposition 675
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.07.27
Excerpt: ...this action. A central component of the discovery process is the identification of potential witnesses and the disclosure of names and addresses is generally considered to be a routine and essential part of pretrial discovery. (Puerto v. Superior Court (2008) 158 Cal.App.4th 1242, 1249‐1250.) Name and address information, while personal, is not particularly sensitive and may not arise to the level of a significant invasion in comparison to “m...
2021.07.23 Motion for Attorney Fees 094
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.07.23
Excerpt: ...ilure to effectuate service on Plaintiff and defense was brought to the attention of Plaintiff's counsel. An amended motion was filed June 30, 2021, which did not supplement prior declarations in response to issues raised by the court on June 24, 2021, and again was not accompanied by any proof of service on Plaintiff's client or the counsel for defendants. Further, deficits with respect to representation of Plaintiff's interests were pointed out...
2021.07.22 Demurrer 148
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.07.22
Excerpt: ...ear limitations period. (Com. Code § 2725(1); Mexia v. Rinker Boat Co. (2009) 174 Cal.App.4th 1297, 1306.) A cause of action for breach of an implied warranty cannot accrue any later than one year after tender of delivery of the good, the “limited prospective existence beyond the time of delivery” provided by the SongBeverly Act. (Com. Code § 2725(2); Mexia, 174 Cal.App.4th at 1308‐1309.) And, while a breach of an express warranty contemp...
2021.07.20 Demurrer 042
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.07.20
Excerpt: ...led they solely concern the payment of rents by individuals who are not parties to this case. As to Defendants, the demurrer is sustained without leave to amend. Specific Performance. The facts Plaintiff presents in its opposition brief concerning Defendants' alleged default on loan payments occurring after the first amended complaint was filed support leave to amend to allege a breach of contract cause of action but do not defend against the ins...
2021.07.15 Demurrer, Motion to Strike 829
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.07.15
Excerpt: ... Although “conspiracy” is not a separate cause of action, but a means to impose liability on a party who engaged in a common plan or helped perpetrate a tort with the immediate tortfeasors who committed the wrongful act (Applied Equip. Corp. v. Litton Saudi Arabia (1994) 7 Cal.4th 503, 510‐511), and Cross‐ defendant Sandhu is alleged to be the actual tortfeasor who committed the wrongful act, making any allegation of conspiracy against Cr...
2021.07.09 Demurrer 085
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.07.09
Excerpt: ...3AC ¶¶ 3‐4, 11‐14.) She alleges she objected directly to BRANSON who then used his position as her supervisor to harass and retaliate against her. (3AC ¶¶15‐16.) Subsequently, she complained to BRENDEN THEATRE's general manager and alleges that thereafter BRENDEN THEATRE failed to timely and properly investigate her complaint, and wrongfully discharged her while retaining BRANSON. (3AC ¶¶ 17‐18.) Plaintiff further alleges that durin...
2021.07.07 Demurrer, Motion to Strike 925
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.07.07
Excerpt: ...ed a serious latent manufacturing defect (the “Engine Defect”). Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case “with reasonable precision a...
2021.07.06 Motion for Preliminary Approval of Class and Representative Action Settlement 783
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.07.06
Excerpt: ...epared to address the following concerns: 1. Should this motion have been served on the parties in the related actions? 2. The motion for preliminary approval indicates attorneys' fees “up to 35%.” Parties are advised that the court is not likely to approve 35% without a crosscheck or comparison to a lodestar with multiplier and should be prepared to address why the range of 25% to 33 1/3% which is more commonly awarded under a common fund ap...
2021.06.30 Motion for Leave to File FAC 686
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.06.30
Excerpt: ...n, allow amendments to pleadings “in furtherance of justice.” (Code Civ. Proc. 473, subd. (a)(1).) The court has wide discretion here but repeatedly stated policy encourages liberality in allowing amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) Construction of Labor Code Section 558.1. The court finds it is legally possible for the priva...
2021.06.24 Motion to Strike 064
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.06.24
Excerpt: ...d specific facts establishing entitlement to punitive damages. (See, Noonan v. Rousselot (1966) 239 Cal.App.2d 447, 453 [specific facts showing actual malice must be pleaded].) Conclusory characterizations of a defendant's conduct as intentional, willful, or fraudulent are insufficient. (Brousseau v. Jarrett (1977) 73 2 Cal.App.3d 864, 872.) “When nondeliberate injury is charged, allegations that the defendant's conduct was wrongful, willful, w...
2021.06.23 Motion to Compel Responses 795
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.06.23
Excerpt: ...fendant's opposition to the motion was due. It was not unreasonable for Plaintiffs to seek relief from the court. Despite receiving no response to the discovery originally and having no obligation (except good practice) to meet and confer with new counsel, the parties stipulated on March 23, 2021, to a 45 day extension for the discovery responses which were due May 7. No evidence exists that Defendant requested a further extension in light of the...
2021.06.22 Motion to Compel Deposition 675
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.06.22
Excerpt: ...a notice of express consent win this case or otherwise manifested affirmative consent, the court has not ordered electronic service on Medmark, and Medmark has not made an appearance in the action. (Code Civ. Proc. § 1010.6(a)(2)(A)(ii).) Prior to the continued hearing date, Defendant shall timely serve motion papers on Medmark in a manner authorized by statute. (Code Civ. Proc. §§ 1005(b), 1011‐ 1013.) In formally serving the motion, moving...
2021.06.17 Petition to Compel Arbitration 944
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.06.17
Excerpt: ...'s failure to properly and timely assert it. (Code Civ. Proc., § 1281.2, subd. (a).) This can happen when the proponent has unreasonably delayed in undertaking the procedure. (Guess?, Inc. v. Superior Court (2000) 79 Cal.App.4th 553, 557.) The determination of waiver is a question of fact for the trial court. (Ibid.) Relevant factors to finding waiver include actions inconsistent with the right to arbitrate, whether the “litigation machinery h...
2021.06.17 Motion for Good Faith Approval of Settlement 729
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.06.17
Excerpt: ...ng defendants' share of liability. All requirements having been satisfied, the motion is granted. The DUDLEYS' Motion to Contest DAN PALMER's Application for Determination of Good Faith Settlement TENTATIVE RULING ARNOLDO ATILIO GARAY (“GARAY”), Plaintiff in case FCS051729, moves for a determination of good faith settlement regarding settlement of his personal injury claims in that case against DAN PALMER TRUCKING, INC. (“DAN PALMER”) and...
2021.06.15 Special Motion to Strike, to Dismiss 518
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.06.15
Excerpt: ...5 Cal.4th 180, 192; A.F. Brown Elec. Contractor, Inc. v. Rhino Elec. Supply, Inc. (2006) 137 Cal.App.4th 1118, 1124.) Plaintiffs' conversion cause of action is based on allegations that Defendant interfered with Plaintiffs' possessory interest in “certain proprietary information” by hacking into Plaintiffs' online accounts, denying Plaintiffs access to those accounts, and deleting the information from the accounts. (Complaint, ¶¶ 16, 21‐2...
2021.06.10 Petition for Writ of Mandate 778
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.06.10
Excerpt: ...tioner to the performance of that duty. (Venice Town Council v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1558.) Although the duty to screen an inmate appeal is ministerial, the decision to reject or cancel an inmate appeal is a discretionary one. (Menefield v. Foreman (2014) 231 Cal.App.4th 211, 217‐ 218.) Petitioner concedes that Respondent did perform the ministerial duty of screening his appeal, before exercising the discretion to rej...
2021.06.10 Motion to Quash Subpoenas 686
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.06.10
Excerpt: ...oena upon a party's motion. The court may make any order as appropriate to protect the subpoenaed entity from unreasonable demands. The court finds that Plaintiffs' subpoenas to Wells Fargo and Bank of the West are only reasonably calculated to lead to the discovery of admissible evidence where they request copies and records of checks, deposits, withdrawals, and transfers from Defendants' accounts. (Obregon v. Superior Court (1998) 67 Cal.App.4t...
2021.05.28 Motion for Entry of Judgment 888
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.28
Excerpt: .... Malis (2002) 97 Cal.App.4th 429, 440.) It clearly appears the intent of the parties for the court to retain jurisdiction to enforce the settlement agreement pursuant to Code of Civil Procedure section 664.6 and that Defendant GALL agreed separately to pay $500 as part of the negotiated settlement. (No settlement language is presented regarding default or interest as claimed in the moving papers.) The court also notes that it was counsel for the...
2021.05.27 Motion to Strike 330
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.27
Excerpt: ...e. Plaintiff does not explain why Plaintiff alleged in the Complaint that Defendant was driving 70 miles per hour but now alleges in the First Amended Complaint that Defendant was driving 100 miles per hour at the time of the accident. The burden was on Plaintiff to justify this material change in factual allegations. If a pleader fails to explain the inconsistencies with prior pleadings the court may disregard the inconsistent allegations (Valle...
2021.05.26 Motion to Deem Truth of Facts Admitted, for Sanctions 724
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.05.26
Excerpt: ...f the relevant information. Defendants were served with the summons and complaint on January 7, 2021. Plaintiff then served defendants, by mail to their home address, requests for admission on February 1, 2021. Defendants' attorney filed an answer on February 3, 2021 and commenced discovery. Defendants' attorney was not informed of the outstanding discovery served by plaintiff by either plaintiff's counsel or her clients and in fact, did not lear...
2021.05.25 Motion to Strike 330
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.25
Excerpt: ...ke. Plaintiff does not explain why Plaintiff alleged in the Complaint that Defendant was driving 70 miles per hour but now alleges in the First Amended Complaint that Defendant was driving 100 miles per hour at the time of the accident. The burden was on Plaintiff to justify this material change in factual allegations. If a pleader fails to explain the inconsistencies with prior pleadings the court may disregard the inconsistent allegations (Vall...
2021.05.21 Motion for Trial Preference 819
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.21
Excerpt: ...cessary to avoid prejudice where she declares that she is eighty‐six years old and has metastatic cancer. (Declaration of Elaine Logan Mein at ¶¶ 4, 6.) Despite knowledge of the pendency of this motion and the apparent knowledge of the filing of a bond, Plaintiff EMERGENCY CONSTRUCTION SERVICES has not named the bond company as a DOE. Therefore all named parties are before the court. Further, Real Party In Interest is requesting the relief. W...
2021.05.21 Demurrer 819
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.21
Excerpt: ...ndard. 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.) The Court assumes the truth of the allegations in the complaint, but does not assume the truth of contentions, deductions, or conclusions of law. (California Logistics, Inc. v. State of California (2008) 161 Cal.App.4th 242, 247.) The court does 3 not consider extrinsic facts ...
2021.05.19 Motion to Compel Responses 861
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2021.05.19
Excerpt: ...ranted. Full and complete verified responses without objections shall be served within 30 days of service of this order. The court notes that the proper motion is a motion for order deeming requests for admission admitted. CCP §2033.280. This was not requested by plaintiff and is not granted. Motion to Compel Responses to Form Interrogatories The motion is granted. Full and complete verified responses without objections shall be served within 30...
2021.05.18 Motion to Compel Further Responses, for Sanctions 955
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.18
Excerpt: ...MES R. INGLEBRIGHT to Requests for Production Set Two; and for Sanctions TENTATIVE RULING The disputes over the 17 requests for production at issue all boil down to the question of whether a responding party may produce a group of documents and put the onus on the requesting party to find any that are responsive to a specific request, or if the responding party must identify the specific documents responsive to a specific document request. C.C.P....
2021.05.14 Motion to Set Aside Dismissal 950
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.14
Excerpt: ...or some different case. Second, the motion is not properly served upon all parties to this action including defaulting defendant Si Se Puede Autos, Inc. and Hudson Insurance Company. Service by email to Westlake is not presumptively effective given that the person who may previously have served as counsel may or may no longer be counsel of record given dismissal of the case 5 months earlier. Third, as to Westlake Financial, Westlake's unopposed m...
2021.05.07 Motion to Strike 721
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2021.05.07
Excerpt: ...udgment on the pleadings as to the prayer for punitive damages in the complaint. Plaintiff RAMON REYES also calendared a motion to amend the complaint to be heard weeks later. On January 5, 2021, the court directed the parties to appear to discuss scheduling of the motions given the fact that the court intended to grant the motion for judgment on the pleadings but also intended to permit plaintiff to amend his complaint. Ultimately, the parties s...

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