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Location: Solano x
Judge: Mattice, Michael x
2019.9.30 Motion to Enforce Settlement 211
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.30
Excerpt: ...upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. To be enforceable under C.C.P. §664.6, a written settlement agreement be signed by the “parties”. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §12:953, p. 12(II)‐122. It must be signed by t...
2019.9.30 Motion to Compel Further Responses, Production of Electronically Stored Info, for Sanctions 938
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.30
Excerpt: ...est for Production, Set One On August 12, 2019, defendant VERO FOODS, LLC, served supplemental responses to Request for Production, Set One. These supplemental responses render moot the motion to compel, which was based on VERO FOOD'S original responses. If plaintiff found the supplemental responses to be inadequate, she should have filed a new motion based on the supplemental responses, or at least filed a new Separate Statement of Discovery Ite...
2019.9.23 Motion for Judgment on the Pleadings 569
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.23
Excerpt: ...ay 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].) Furthermore, Plaintiff has no duty to exercise reasonable forbearance in enforcing its legal remedies against a debtor. (Price v. Wells Fargo Bank (1989) 213 Cal.App.3d 465, 479.) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $2,030.93. Prejudg...
2019.9.16 Demurrer 246
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.16
Excerpt: ...on information provided in good faith by the beneficiary regarding the nature and the amount of default under the deed of trust. (Civ. Code § 2924(b).) In addition, the trustee's acts of mailing, publication, and delivery of notices required by law and in performing the procedures set forth by law are privileged. (Civ. Code § 2924(d).) Although the privilege can be defeated by a showing of actual malice, Plaintiff has not alleged any facts supp...
2019.9.9 Demurrers 313
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.9
Excerpt: ...ges that the lender or mortgage servicer denied an application for a loan modification on the false claim that the borrower failed to provide all required documentation. (Majd v. Bank of Am. (2015) 243 Cal.App.4th 1293, 1304, 1306‐1307.) Plaintiffs allege a substantially similar situation in which Defendant Chase demanded, in violation of HAMP rules, documents that were impossible to produce and refused to evaluate their application for a loan ...
2019.8.29 Demurrer, Motion for Judgment on the Pleadings, for Default Judgment 099
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.29
Excerpt: ...ce as the court did in Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1752‐1753. The court thus takes judicial notice of the certification of Alexandra Gottlieb indicating that no government claim filed by plaintiff regarding the alleged incident is contained in the records of the Government Claims Program. The court also takes judicial notice of the complaints plaintiff filed in his property action, which include the government claim plaintiff f...
2019.8.26 Motion for Summary Judgment, Adjudication 114
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.26
Excerpt: ...ny, Plaintiff did not admit that the baling string did not break nor did he admit that he had no evidence regarding Defendants' actual or constructive notice regarding the alleged defect in the string. Plaintiff explicitly testified that his hay hook was “definitely on the string” because he had “tension” while he pulled for “[p]robably half a minute” and the only way he could have fallen the way he did is if the string broke. (Depo. ...
2019.8.19 Demurrer, Motion to Strike 711
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.19
Excerpt: ...action. (Guzman v. County of Monterey (2009) 46 Cal.4th 887, 898.) An enactment does not create a mandatory duty if it merely recites legislative goals or policies that must be implemented through a public agency's exercise of discretion. (County of Los Angeles v. Superior Court (2002) 102 Cal.App.4th 627, 639; Wilson v. County of San Diego (2001) 91 Cal.App.4th 974, 980.) Plaintiff alleges three enactments impose a mandatory duty breached by the...
2019.8.15 Motion to Quash Deposition Subpoenas 354
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.15
Excerpt: ... the Solano County Sheriff's Office and the subpoena to Humane Animal Services. The court grants the motion to quash these two subpoenas. FIELDING did not provide an affidavit for the subpoenas, as required by CCP Section 1985(b). Nor did she provide the information that would have been contained in such an affidavit in her opposition. She did not show good cause for production of the records, specify the exact matters or things to be produced, s...
2019.8.5 Motion for Appointment of Counsel 456
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.5
Excerpt: ...clude a separate or separately identified notice of motion or memorandum of points and authorities. (Cal. Rules of Court, rule 3.1112, subds. (a), (c).) Nothing in the “motion” contains “a concise statement of the law” or a “discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, rule 3.1113(b).) The absence of a proper memorandum of points and authorities can be construed by ...
2019.8.5 Demurrer 774
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.5
Excerpt: ...e any facts or legal theories on which Defendant's liability might be based. Plaintiff has not met his or her burden of showing that it is reasonably possible to cure the complaint by amendment. (Blatty v. New York Times Co. (1986) 42 Cal.3d 1033, 1040‐1041.) Plaintiff has not demonstrated in what manner he or she can amend the complaint or how those amendments will change the legal effect of the pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 3...
2019.8.1 Demurrer 581
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.1
Excerpt: ...oreclosure to be wrongful. The nonjudicial foreclosure statutes do not require a foreclosing party to be a have a beneficial interest in the note, to have possession of the note, to provide the power of attorney to the borrower, or to have certain allonges and endorsements for the note. The allegations that the MERS representative did not have authority to sign the Assignment of the Deed of Trust are also not sufficient. In failing to state a cau...
2019.7.29 Demurrer 654
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.29
Excerpt: .... (Complaint, ¶ BC‐2.) But, a public employee “is not liable for an injury caused by his misrepresentation, whether or not such misrepresentation be negligent or intentional” (Gov. Code § 822.2) and a public entity “is not liable for an injury resulting from an act or omission of an employee … where the employee is immune from liability” (Gov. Code § 815.2(b)). Plaintiff has not met his burden of showing that it is reasonably possi...
2019.7.22 Motion to Compel Further Discovery Responses 309
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.22
Excerpt: ...urt time and resources). As to Request No. 1, counsel are to meet and confer regarding production of additional agendas and meeting minutes that refer to those topics set out on p. 4‐ 5 of plaintiffs' memorandum of points and authorities from October, 2014, to the present. As to Request Nos. 3, 4, 5, 6, 11, and 12, defendant may respond using the term “removal from the competitive team” in place of the term “termination” used in each of...
2019.7.15 Motion for Summary Judgment, Adjudication 702
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.15
Excerpt: ...cording”, was a brief exchange she had with Defendant in the hallway of the company legal department, while Defendant was in route to a meeting in the office of another company attorney, in which she handed him something and said “[unintelligible] this from Ed. He wanted to make sure you got this”. The other, VOICE025.WAV (the “Meeting Recording”), involved a meeting with other corporate officers, in which substantive legal matters such...
2019.7.15 Demurrer 817
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.15
Excerpt: ...fault in violation of Civil Code section 2923.5 (FAC, ¶¶ 24, 26‐28, 40, 42), Plaintiffs admit that Defendants accepted, considered, and approved three applications for loan modification and Plaintiffs had numerous telephone conversations with Defendants' agents regarding the applications. (FAC, ¶¶ 15, 17‐20, 22‐23, 29, 31‐32.) There is no material violation of Civil Code section 2923.5 when a borrower has “multiple telephone convers...
2019.7.15 Demurrer 656
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.15
Excerpt: ...iability might be based. Page 6 of 6 Plaintiff has not met his burden of showing that it is reasonably possible to cure his complaint by amendment. (Blatty v. New York Times Co. (1986) 42 Cal.3d 1033, 1040‐1041.) Plaintiff has not demonstrated in what manner he can amend the complaint or how those amendments will change the legal effect of the pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 219 Cal.App...
2019.6.17 Demurrer, Motion to Strike 939
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.6.17
Excerpt: ...t was brought. The complaint is uncertain, and fails to state facts sufficient to constitute any of the causes of action alleged. The court also grants the motion to strike on all of the grounds upon which it was brought. The references in the complaint to causes of action that are not alleged are improper, and the complaint does not state facts sufficient to constitute a claim for punitive damages. Had plaintiff not already filed an amended comp...
2019.6.13 Supplemental Motion for Class Certification 527
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.6.13
Excerpt: ...ting.” (Duran v. U.S. Bank (2014) 59 Cal.4th 1, 29; Payton v. CSI Elec. Contractors, Inc. (2018) 27 Cal.App.5th 832, 842; Cruz v. Sun World Int'l, LLC (2015) 243 Cal.App.4th 367, 384; Dailey v. Sears, Roebuck & Co. (2013) 214 Cal.App.4th 974, 989.) Even when there is a uniform policy, certification may be denied if the evidence shows that the manner in which the policy was implemented as to each individual employee varied depending on multiple ...
2019.6.10 Demurrer, Motion to Strike 970
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.6.10
Excerpt: ...ed Defendant's agent, Anna Chavez, that Defendant's policy of limiting staff contact was causing Decedent “physical and mental suffering”, but Defendant nonetheless took no action to avoid the harm. (FAC, ¶ 21.) This allegation establishes not just the absence of care, but an affirmative disregard of the known risk of harm caused by conduct. (Doe v. U.S. Youth Soccer Ass'n, Inc. (2017) 8 Cal.App.5th 1118, 1140.) It also sufficiently describe...
2019.6.6 Demurrer 144
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.6.6
Excerpt: ...1) 192 Cal.App.4th 1149, 1155; see, Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924 [“We do not hold or suggest that a borrower may attempt to preempt a threatened nonjudicial foreclosure by a suit questioning the foreclosing party's right to proceed”].) Plaintiff's second cause of action to quiet title and fourth cause of action for violation of the Unfair Competition Law against Defendant Wells Fargo are barred by the a...
2019.5.30 Motion for Protective Order or Appointment of Referee 938
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.30
Excerpt: ...ntment of a referee is also denied. The court does not find a basis for the appointment of a referee under CCP Section 639. The court notes, however, that the conduct of both plaintiff's counsel and defense counsel has been somewhat unreasonable and unprofessional in this matter. As to plaintiff's counsel, she did assert a number of meritless objections. Irrelevancy is not a proper objection in discovery. Defense counsel is entitled to seek all c...
2019.5.30 Motion for Leave to File Amended Complaint 262
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.30
Excerpt: ... motion itself or a memorandum of points and authorities. (Cal. Rules of Court, rule 3.1112(a).) The failure to include a memorandum is deemed by this Court as an admission that the motion is not meritorious and cause for its denial. (Cal. Rules of Court, rule 3.1113(a).) The motion does not state what allegations are sought to be deleted or added. (Cal. Rules of Court, rule 3.1324, subds. (a)(2)‐ (a)(3).) The motion is not accompanied by a sep...
2019.5.23 Motion to Compel Individual Arbitration, Strike Class Action Claims, Stay or Dismiss Proceedings 220
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.23
Excerpt: ...ss the provisions are so clearly in favor of the employer they should not be enforced. AT&T Mobility LLC v. Concepcion [“Concepcion”) (2011) 562 U.S. 333; Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348; Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83. Armendariz identified 5 requirements for a valid arbitration of employment dispute agreement. Such an agreement "(1) provides for neutral...
2019.5.2 Motion to Strike or Tax Costs 403
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.2
Excerpt: ...he award of reasonably incurred costs and expenses even if they might be barred under Code of Civil Procedure section 1033.5. (Jensen v. BMW of N. Am., Inc. (1995) 35 Cal.App.4th 112, 138.) As already determined by this Court in ruling upon Plaintiff's motion for attorneys' fees, it was not reasonable for Plaintiff to continue to prosecute the action after Page 2 of 2 Defendant offered to settle the action for $34,000 on or about January 3, 2017....

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