Excerpt: ...uest for Judicial Notice. The court takes judicial notice of four plea agreements entered in federal cases between the United States government and Jeffrey Carpoff, Paulette Carpoff, Ronald Roach, and Alan Hansen. (Evid. Code, §452(d).) Specific Jurisdiction. California courts may exercise personal jurisdiction “on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) The exerc...

Excerpt: ...OR LIVING, ET AL. Case No. FCS057259 Defendant's Petition to Compel Arbitration; TENTATIVE RULING Petition to Compel Arbitration Defendant's petition to compel arbitration is granted. The relevant issue is not whether Plaintiff's daughter, Sandra Aguilar, was authorized to admit Plaintiff to Defendant's residential care facility, but whether Aguilar was authorized to agree to arbitrate disputes. (Theresa D. v. MBK Senior Living LLC (2021) 73 Cal....

Excerpt: ...hy leave is proper, when facts supporting amendment were discovered, and why leave was not requested earlier. (Cal. Rules of Court, rule 3.1324(b).) Plaintiff does not include a declaration stating when he discovered the facts supporting any of his new allegations, particularly as to the new allegations against DUNCAN and KADOYA, and why those facts could not have been discovered and alleged earlier. Further, Plaintiff's government claim as prese...

Excerpt: ...wing six exhibits: (A) a New York Times article dated April 27, 2020; (B‐C) two California Public Records Act requests Petitioner has made concerning the set of land use approvals known as the “Fairview at Northgate Project” (the “Project”); (D) Respondent CITY OF VALLEJO's (“VALLEJO”) response to Exhibit B; (E) a proposed deed restriction; and (F) the unredacted version of a June 9, 2020 letter sent to the Vallejo City Counsel. A r...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...