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Location: Solano x
Judge: Daniels, D. Scott x
2021.03.22 Motion to Tax Costs 677
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2021.03.22
Excerpt: ...e costs of “Transcripts of court proceedings not ordered by the court.” As Item 11 in the memorandum of costs, KAISER GYPSUM COMPANY, INC. (“KAISER”) claimed $29,707.68 in court reporter fees for daily trial transcripts. Of this amount, by time of reply Plaintiff had withdrawn its challenge to the Realtime component of those costs, which the court from the table provided in KAISER's opposition computes to be $2,338.74. Those other costs c...
2019.9.18 Motion for Judgment on the Pleadings 035
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.18
Excerpt: ... is not a defense to a claim of indebtedness. (See, Ab Group v. Wertin (1997) 59 Cal.App.4th 1022, 1028 [a borrower is legally obligated to repay her loans].) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $843.99. Prejudgment costs must be claimed and contested in accordance with the rules adopted by the Judicial Council. (Code Civ. Proc. § 1034(a); Cal. Rules of Court, rule 3.1700.) ...
2019.9.17 Petition to Compel Arbitration 579
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.17
Excerpt: ...ns. Co. (1972) 7 Cal.3d 988 were similar to the facts presented in this case, Orpustan was decided “based upon the language of the insurance policy” and was therefore “fully consistent with the antecedent decisions which required the parties to arbitrate those controversies which they had agreed to arbitrate.” (Freeman v. State Farm Mut. Auto. Ins. Co. (1975) 14 Cal.3d 473, 482.) The arbitration agreement in the instant case is expressly ...
2019.9.11 Motion to Quash Subpoena 768
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.11
Excerpt: ...2‐553; Pioneer Elecs. (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360, 370‐371.) Plaintiff raises the countervailing interest of facilitating the ascertainment of truth in legal proceedings (Britt v. Superior Court (1978) 20 Cal.3d 844, 857; Bd. of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 525) and establishes that records relating Defendant's driving ability and history are directly relevant to her negligent hiring and entrus...
2019.9.10 Demurrer 450
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.10
Excerpt: ...Mandri v. Judkins (1997) 52 Cal.App.4th 326, 336 [nondisclosure or concealment may constitute actionable fraud “when the defendant had exclusive knowledge of material facts not known to the plaintiff”].) A general demurrer may not be sustained if the facts alleged state a cause of action on any theory. (Young v. Gannon (2002) 97 Cal.App.4th 209, 220; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 870‐871.) Parties to appear to discuss the a...
2019.9.5 Demurrer 450
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.5
Excerpt: ...Mandri v. Judkins (1997) 52 Cal.App.4th 326, 336 [nondisclosure or concealment may constitute actionable fraud “when the defendant had exclusive knowledge of material facts not known to the plaintiff”].) A general demurrer may not be sustained if the facts alleged state a cause of action on any theory. (Young v. Gannon (2002) 97 Cal.App.4th 209, 220; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 870‐871.) Parties to appear to discuss the a...
2019.8.22 Motion to Set Aside Default, Judgment 592
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.22
Excerpt: ... 29 Cal.App.5th 1241 and other cases cited by U.S. Fire, which involved the actual insurer of the defaulting defendant. The motion is denied without prejudice to a subsequent motion to set aside should U.S. Fire determine that it did, in fact, issue an insurance policy to Associated Insulation during the period of plaintiff's alleged asbestos exposure. The court notes that while U.S. Fire may not bring this motion to set aside without evidence th...
2019.8.22 Motion to Compel Further Responses 933
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.22
Excerpt: ... motion had already been filed. (Decl. of Rivero, Exh. 15.) In addition, the discovery sought will not be relevant to any outstanding disputed issue between the parties in light of Defendant's offer to file the proposed amended answer fully admitting liability for civil penalties awardable under the Page 3 of 3 Song‐Beverly Consumer Warranty Act. (Civ. Code § 1794.) Defendant sought a stipulation to permit Defendant to file a proposed amended ...
2019.8.21 Motion for Summary Judgment, Adjudication 177
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.21
Excerpt: ...for summary adjudication of the second cause of action for medical professional negligence and sixth cause of action for wrongful death based on the same alleged negligent treatment is denied. Plaintiffs have established that there exists a triable issue of fact concerning whether Defendant's treatment of Decedent fell below the applicable standard of care by presenting the declaration of an expert contradicting Defendant's expert. (See, Decl. of...
2019.8.15 Motion for Summary Judgment 364
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.15
Excerpt: ...§ 437c(p)(2).) Defendants improperly relied on their own responses to Plaintiff's form interrogatories and requests for admissions in attempting to show that they did not have any actual knowledge of the existence of dogs on the leased property. (Code Civ. Proc. §§ 2030.410, 2033.410; Great Am. Ins. Cos. v. Gordon Trucking, Inc. (2008) 165 Cal.App.4th 445, 450; Victaulic Co. v. Am. Home Assurance Co. (2018) 20 Cal.App.5th 948, 973; Gonsalves v...
2019.8.8 Demurrer 714
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.8
Excerpt: ...mmon counts.” (Farmers Ins. Exch. v. Zerin (1997) 53 Cal.App.4th 445, 460.) The essential elements to properly plead a common count are: 1) the statement of indebtedness in a certain sum, 2) consideration such as “goods sold” or “work done,” and 3) nonpayment. (Ibid.) Plaintiffs have adequately alleged an indebtedness in a sum certain, consideration based on “money lent”, and nonpayment. (Complaint, ¶¶ 4‐8.) No basis to find som...
2019.8.7 Motion for Summary Judgment, Adjudication 756
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.7
Excerpt: ...v. Proc. § 437c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) Defendants present the uncontested testimony of Defendant Wagner establishing that Plaintiff ran into the crosswalk and in front of Defendant's vehicle against a red light and that Defendant did not have time to stop but was forced to swerve in an unsuccessful effort to avoid a collision with Plaintiff. (Amended Decl. of Wagner, ¶¶ 4, 6‐9.) Plaintiff i...
2019.8.1 Demurrer, Motion to Strike 101
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.1
Excerpt: ...solidated complaint is granted in part and denied in part. Defendants' motion is granted as to Plaintiffs' allegations of sick leave notice requirements. PAGA specifically prohibits an action “for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting.” (Lab. Code § 2699(g)(2); Titus v. McLane Foodservi...
2019.7.31 Motion to Strike 407
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.7.31
Excerpt: ...tained from Defendant Acceptance was adequate to cover Plaintiff's losses. Plaintiff's cause of action for negligence is based on the theory that Defendant Sharma “failed to procure insurance coverage with sufficient limits to cover the value of Plaintiff's investment” as requested by Plaintiff. Neither theory of liability supports a determination that a need to sue or defend against Defendant Acceptance resulted from Defendant Sharma's torti...
2019.6.26 Motion to Set Aside Default Judgment 848
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.26
Excerpt: ...which were set out in Rappleyea v. Campbell (1994) 8 Cal.4th 975. First, ARROWPOINT has established that it has a meritorious defense in that if STANDARD is defended, the $832,750.00 judgment, which includes $750,000.00 in general damages, will most likely be reduced. Second, ARROWPOINT has established a satisfactory excuse for not defending the action in that it never had notice of the action until April, 2018. Third, ARROWPOINT has established ...
2019.6.19 Motion to Strike Memorandum of Costs 680
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.19
Excerpt: .... Grosvenor Airport Assocs. (2005) 2005 Cal.App.Unpub.LEXIS 2239. While this court is not bound by those unpublished decisions, it does find in the absence of any binding authority that the absence of a MC‐011 worksheet is not a proper basis for striking all costs. Nevertheless, when costs claimed in a Judicial Council Optional Form MC‐010 summary are challenged by motion, and a worksheet is then provided with the opposition, the moving party...
2019.6.19 Demurrer 546
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.19
Excerpt: ...distress or acted with reckless disregard in causing plaintiff emotional distress. Finally, the complaint does not allege facts indicating that plaintiff experienced severe emotional distress as a result of the cutting of the tree. (See CACI 1600, 1602, 1603, and 1604). Plaintiff offers no new facts that could be alleged that would cure the defects in the complaint with respect to this cause of action. Therefore, the demurrer is sustained without...
2019.6.13 Motion to Consolidate 305
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.13
Excerpt: ...tion with other causes of action is generally prohibited. (Mobil Oil Corp. v. Superior Court (1978) 79 Cal.App.3d 486, 493; Childs v. Eltinge (1973) 29 Cal.App.3d 843, 853.) Plaintiff has not demonstrated that an exception should be made in her case. (See, Knowles v. Robinson (1963) 60 Cal.2d 620, 625‐626 [exceptions to the rule are primarily grounded on some circumstance removing the need of timely possession of the premises, such as voluntary...
2019.6.12 Motion for Summary Judgment 953
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.12
Excerpt: ...ng stricken if an objection to it is raised. Page 2 of 6 C.C.P. §437c(d) states: Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at th...
2019.5.16 Demurrer, Motion to Strike 749
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.16
Excerpt: ....4th 771, 790 [citing “the general rule that statutory causes of action must be pleaded with particularity”]; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795 [the same]. Plaintiff's HBOR‐based and unfair business practices causes of action are premised upon her status as a successor in interest, residing on the subject property for more than 6 months prior to the death of her mother (her last surviving parent), entitled...
2019.5.15 Motion for Judgment on the Pleadings 139
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.15
Excerpt: ...ent of the CEQA process”]; 15202(a) [“CEQA does not require formal hearings at any stage of the environmental review process. Public comments may be restricted to written communications”]; El Morro Community Assn. v California Dept. of Parks & Recreation (2004) 122 Cal.App.4th 1341, 1348, n.4 [“Although public hearings are encouraged, CEQA does not require them on environmental documents or in connection with project approval”]. An agen...
2019.5.9 Motion to Strike 422
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.9
Excerpt: ...by filing a UCC financing statement claiming a security interest in Plaintiff GMP Process Piping. But, as already explained in Page 2 of 3 this Court's ruling on Defendants' demurrer to Plaintiffs' prior cause of action for breach of the implied covenant of good faith and fair dealing based on the same two claims, the parties' agreement contained no provision regarding the need for or referral regarding any accountants and specifically granted De...
2019.5.8 Demurrer, Motion to Strike 809
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.8
Excerpt: ...ed to stop at the accident scene and provide his contact information. This allegation, without more, is not sufficient to indicate malice or conscious disregard on the part of defendant. As the courts indicated in Taylor v. Superior Court (1979) 24 Cal.3d 890 and Dawes v. Superior Court (1980) 111 Cal.App.3d 82, although alleged intoxicated driving may give rise to a punitive damages claim, such an allegation, without any alleged facts regarding ...
2019.5.8 Demurrer 933
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.8
Excerpt: ... the implied warranty of merchantability. The core test of merchantability is fitness for the ordinary purpose for which such goods are used, and the warranty may be breached if a vehicle is not in a safe condition. (Brand v. Hyundai Motor Am. (2014) 226 Cal.App.4th 1538, 1546‐1547; Isip v. Mercedes‐Benz USA, LLC (2007) 155 Cal.App.4th 19, 26‐27.) Plaintiff has adequately alleged facts from which it can be concluded that the vehicle was not...
2019.5.2 Motion to Consolidate Cases for Trial 120
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.2
Excerpt: ... have common worksites, similar occupations, similar times of exposure, or similar types of diseases. In addition, although three of the plaintiffs are living, one is deceased and another is seeking preference in trial setting due to his health. Finally, the status of the discovery in each case appears to be different. Therefore, the court finds that there is insufficient commonality for the four cases to be consolidated. ...

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