Excerpt: ...th 417, 425- 427 [replacement judge should consider the merits of a motion for reconsideration of the disqualification motion]) and a motion asking a court to decide the same matter previously ruled on should be treated as a motion for reconsideration regardless of the label used by the party (J.W. v. Watchtower Bible & Tract Soc'y of New York, Inc. (2018) 29 cal.App.5th 1142, 1171; Powell v. county of orange (2011) 197 Cal.App.4th 1573, 1577). T...

Excerpt: ...isputed material facts demonstrated that SUTTER was entitled to judgment because Plaintiffs were unable to prove all elements of their causes of action, and that Plaintiffs failed to establish triable issues of material fact in response. MITCHELL was self-represented at the time when opposition to SUTTER's motion was due and failed to submit timely opposition. MITCHELL states that she has now retained counsel and requests reconsideration so that ...

Excerpt: ...cheduled to be tried on July 31, 2023 does not raise such a risk of inconsistent rulings to warrant a need to withdraw the reference, particularly when it appears that the parties would be collaterally estopped from relitigating issues resolved by trial in one litigation in the prosecution ofthe other. (See, Code Civ. Proc. S 644(a) [decision of the referee stands as the decision of the court]; Pac. Lumber Co. v. State Water Res. Control Bd. (200...

Excerpt: ... on Void Judgment TENTATIVE RULING Preliminarily, the court rejects the arguments raised in the opposition filed by MEOW Y. LOH and LEE H. TAY LOH ("Plaintiffs") that its ruling on the earlier ex parte application collaterally estops AMARILLO COLLEGE OF HAIRDRESSING INC. dba Milan Institute of Cosmetology ("Defendant") from raising the issues raised in this motion, or renders this motion as one for reconsideration. As to collateral estoppel, neit...

Excerpt: ...vance of meet and confer requirements may conserve his own resources as well as those of the court. However, "[a] determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer." (Code Civ. Proc„ S 430.41, subd. 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) ...

Excerpt: ...ars that these conditions have existed since Plaintiff filed her initial action in case number FCS052193 on January 18, 2019, which has been pending, without apparent urgency, for over four years and which is currently scheduled to commence trial on July 31, 2023. (Decl. of Straus, 7.) Not only has Plaintiff failed to identify any recent deterioration of health that might explain the current demand for preference (no motion for preference was sub...

Excerpt: ...ocument may be accepted when made by a party or if there is no factual dispute over the contents of the document]; Fowler v. Howell (1995) 42 Cal.App.4th 1746, 1749-1750 [court may take judicial notice of the records and files of a state administrative board]; see, e.g., Tapia v. County of San Bernardino (1994) 29 Cal.App.4th 375, fn. 1 [taking judicial notice of the records of the Workers' Compensation Appeals Board].) Although Plaintiff objects...

Excerpt: ...015.040) and fails to establish that the parties engaged 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 .App.4th 1431, 1439.) Respondent's counsel's declarations do not demonstrate that the parties ever discussed the claimed insuf...

Excerpt: ...of action for fraudulent conveyance that was not based on the lease agreement. YESENIA ANGEL is not a signatory to the lease agreement containing the attorney's fees provision upon which she seeks attorney's fees in this action. Although courts have recognized that a non-signatory may recover attorney's fees under a contract in some circumstances, such circumstances do not exist in this case. A non-signatory may recover attorney's fees if she "st...

Excerpt: ...t EDWARD HEARN ("HEARN"), a teacher, while attending a DUSD school. Request for Judicial Notice ("RJN"). Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). The court takes judicial notice of the docket of this case (relevantly showing that DUSD was served with Plaintiff's original complaint on October 7, 2020), DUSD's tort claim to DIXON made on August 18, 2022, DIXON's refusal...

Excerpt: ...igent 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 hospital on September 3, 2020. The court has not received opposition from FERGUSON. Page 2 of 5 Objections to Evidence. MITCHELL's objection to UNIVERSAL's Exhibit D, purportedly a security camera video sh...

Excerpt: ...e ("IDC") will be conducted to better assess what documents within the 19 categories of requests are reasonably likely to produce evidence that is relevant to Plaintiff's whistleblower retaliatory discharge claim. Ultimately, only those documents will considered for The IDC is also most importantly an opportunity for the parties to meet and confer, and have meaningful input into this process, before the court conducts its in camera review of the ...

Excerpt: ...oritize broader requests so that the agency could focus its efforts on more immediate production of specific parts of the request, the parts of most interest to the requester. For example, in National Lawyers Guild v. City of Hayward (2018) 27 Cal.App.5th 937 (reversed on other grounds by National Lawyers Guild v. City of Hayward (2020) 9 Cal.5th 488), the appellate court noted that at the invitation of the city, the requestor agreed to a tempora...

Excerpt: ...(1941) 44 Cal.App.2d 71, 73.) Plaintiff lists various potential causes of action in the caption before simply listing alleged facts without making any attempt to separately state the causes of action sought to be pursued. From the facts alleged in the body of the complaint, it appears that Plaintiff attempted to state causes of action on the legal theories that Plaintiff's employment was wrongfully terminated either in direct violation of the Fam...

Excerpt: ...oritize broader requests so that the agency could focus its efforts on more immediate production of specific parts of the request, the parts of most interest to the requester. For example, in National Lawyers Guild v. City of Hayward (2018) 27 Cal.App.5th 937 (reversed on other grounds by National Lawyers Guild v. City of Hayward (2020) 9 Cal.5th 488), the appellate court noted that at the invitation of the city, the requestor agreed to a tempora...

Excerpt: ...inst WAL-MART; and products liability is alleged against WAL-MART and CLOROX only. WAL-MART and DOE have together filed one demurrer to the 1AC. CLOROX has filed its own demurrer. Both demurrers are addressed in this ruling as they make similar arguments. Notice of Tentative Ruling. Defendants' notices of demurrer do not advise the recipient that the Solano County Superior Court uses a tentative ruling system, as is required under Local Rule 3.9,...

Excerpt: ...osition was filed late, and contend that this caused prejudice to them because they had only three days to file their reply. Plaintiff's counsel, however, filed an ex parte application that indicates his late filing was due to mistake, and that when he realized his mistake, he served a draft of his opposition, including the declaration of Nora Moore, on defense counsel on February 17, 2023, when the opposition was due. Therefore, the court consid...

Excerpt: ...ent. This statute provides a summary procedure for enforcing a settlement agreement without the need for a new lawsuit. (Critzer v. Enos (2010) 187 Cal.App.4th 1242, 1252.) A settlement agreement to which parties stipulate orally before the court has established its terms on the record and is not vulnerable to conflicting interpretations; thus judgment may be entered on those terms. (Skulnick v. Roberts Express, Inc. (1994) 2 Cal.App.4th 884, 889...

Excerpt: ...1). C.C.P. §425.16(e)(2) defines “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” to include “any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law”. C.C.P. §425.16(e)(2) can encompass sta...

Excerpt: ...efore, “the correct course” is to dismiss the action. (Viking River Cruises v. Moriana, supra, at p.1925). In the present case, the individual PAGA claims of the representative plaintiffs, HORMIGAS and CASTRO, have been referred to arbitration pursuant to an arbitration agreement that they each signed. Therefore, HORMIGAS and CASTRO no longer have standing to maintain this representative action. In their opposition, plaintiffs make several co...

Excerpt: ...sers who might make an offer on the property. The court also intends to modify the provision requiring Defendant Stewart to “continue to make payments on the mortgage of the Property pending its sale” after she has vacated the property. Given the referee's averment that Defendant Stewart “is completely unwilling to cooperate” with the partition process, it does not appear prudent to rely solely on Defendant to continue to make these payme...

Excerpt: ...the same as that imposed on manufacturers. (Civ. Code § 1795.5.) If the sale of the used good is accompanied by an express warranty, the implied warranties of merchantability and fitness are coextensive in duration with the express warranty, but in no cases less than 30 days or more than three months. (Civ. Code § 1795.5(c).) While an express warranty cannot be breached by a latent defect discovered after the express warranty period has expired...

Excerpt: ...olicy. He does not provide any information as to how that policy applies to any of the defendants in this case. More importantly, defense counsel's attempt to discontinue his representation of defendant JOSE GOMEZ by omitting him in an amended answer is unethical. After assuming a duty to represent JOSE GOMEZ, defense counsel must act responsibly in discontinuing such representation. If defense counsel does not want to represent JOSE GOMEZ in thi...

Excerpt: ...pending. (Reese v. Select Portfolio Servicing (2010) 2020 Cal.App.Unpub.LEXIS 5906, pp. 11-12.) However, Plaintiff now alleges that Defendant denied the application in a letter dated November 11, 2016, that Plaintiff promptly appealed this decision, and that Defendant denied the appeal on December 3, 2016. (SAC, ¶¶ 27-28.) Defendant thereafter recorded a subsequent notice of trustee's sale on May 31, 2018. (Id. at ¶ 31.) The trustee's deed aft...

Excerpt: ....P. §425.16(e) defines “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” to include the following: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; (2) any written or oral statement or writing made in connection with an issue under ...