Excerpt: ...e verified re sponses without objections shall be served within 30 days of the date of service of this order to Form Interrogatories, Set One; Form Interrogatories, Set Two, and Special Interrogatories. Full and complete verified responses without objections shall be se rved, and responsive documents produced, within 30 days of the date of service of this order to Request for Production of Documents, Set One. Each of the requests in the Request...

Excerpt: ...y of the defenda nts. Even if proofs of service had been filed, the application could not be granted. Another requirement for a writ of possession is that there be sufficient evidence to establish the likely location of the vehicle. C.C.P. §512.010(b)(4) requires: A statem ent, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private ...

Excerpt: ...with respect to the allegations that defendant made defamatory statements during the prior litigation between him and his former employers, including plaintiff BROWN. (Complaint, pp. 7, 8, 9). These statements were allegedly made in or connected to a judicial proceeding, na mely, the prior litigation between the parties filed in San Joaquin County. Therefore, they constitute “protected activity” under CCP Section 425.16(e). Once defendant es...

Excerpt: ...s. The court did not rece ive timely opposition to this motion. Defendants' opposition was filed April 9, 2024; timely opposition was due April 4, 2024, nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) However, the court finds GREEN's meet and confer effo rts inadequate. Counsel for GREEN declares that counsel sent CHANG and YEN a meet and confer letter regarding Page 1 of 4 their perceived deficient discovery respons...

Excerpt: ...]. Defendant filed no responsive pleading in this action. The settlement agreement signed by Defendant in April 2021 and filed by Plaintiff, for which Plaintiff paid a first appearance fee on behalf of Defendant, is not a court -captioned document which provides an add ress of record provided to the court for Defendant to be later served by mail with any new filings. C.C.P. §1014. Plaintiff's inclusion of boilerplate language in the middle o...

Excerpt: ...e complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint must allege facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) 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 ...

Excerpt: ...aration, but it made no effort to provide information about when the class action claims were discovered, or explain why they were not brought sooner. In addition, leave to amend can be denied when it appears the new allegations would not survive a later motion challen ge, such as by demurrer. Congleton v. National Union Fire Ins. Co. (1987) 189 Cal.App.3d 51, 62, quoting 5 Witkin, California Procedure (3d ed. 1985) Pleading, §1121, pp. 537- 538...

Excerpt: ...ve any settlement of any civil action filed pursuant to [the PAGA]” and that any proposed settlement must be submitted to the Labor and Workforce Development Agency simultaneously with the court. The trial court's task in reviewing a PAGA settlement is to ensure that the settlement is fair, adequate, and reasonable, as well as meaningful and consistent with the PAGA's goal of public benefit through increased enforcement of labor law. (Moniz v...

Excerpt: ...n auto loan financed by Plaintiff for a 2017 Jeep Grand Cherokee. Plaintiff alleged Defendants not only failed to return the vehicle but secreted it so that Plaintiff was unable to repossess the vehicle. Defendants, who are self -represented, answered the complaint on April 4, 2023 and thereafter filed a succession of pleadings including a cross -complaint, a declaration unattached to any motion, a surety bond, a motion to quash, a motion to st...

Excerpt: ...out the harassment but failed to take “immediate and appropriate corrective action.” (Gov. Code § 12940(j)(1); Roby v. McKesson (2009) 47 Cal.4th 686, 707; Mathieu v. Norrell Corp. (2004) 115 Cal.App.4th 1174, 1185.) Similarly, the employer must “take all reasonable steps Page 1 of 6 necessary to prevent discrimination and harassment from occurring”, which includes the prompt investigation of any claims. (Gov. Code § 12940(k); Cal. Fair...

Excerpt: ...ndants. Even if proofs of service had been filed, the application could not be granted. Page 3 of 6 Another requirement for a writ of possession is that there be sufficient evidence to establish the likely location of the vehicle. C.C.P. §512.010(b)( 4) requires: A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private pl...

Excerpt: ...d to answ er a cross-complaint that duplicated the answer to the complaint; it did not prohibit a cross -complaint that was duplicative of the complaint. Moreover, the cross -complaint in the present case is not duplicative of the complaint. While the complaint seek partition by sale to a third party, the cross- complaint seeks partition by sale of one co -tenant's interest to the other cotenant. Page 2 of 6 The demurrer is sustained with leave t...

Excerpt: ...s are sought” fo r these requests. (Evid. Code § 1043(b)(1).) To the extent that Plaintiff seeks the personnel records of Lieutenant Kresha, Chief Cantrell, and Interim Chief Tibbett, the motion is denied. Plaintiff has not demonstrated good cause for production of the se records, having failed to adequately articulate how the discovery sought would lead to evidence relevant to any claim made by Plaintiff or a “specific factual scenario” ...

Excerpt: ...n deposition notices or business records subpoenas, the moving party must engage in meet and confer efforts to try to resolve the disputes. C.C.P. §2031.310(b)(2) [requests for production]; C.C.P. §2025.450(b)(2) [documents requested in deposition notice]; C.C.P. §§2 020.020(b), 2020.030 and 2025.450(b)(2) [documents requested in business records subpoena]. Page 2 of 5 The trial court has discretion in determining whether adequate meet and co...

Excerpt: ...t could be enforced]. Residents of a continuing care retirement community (CCRC) are also protected by Civil Code §1953(a)(4), and cannot be compelled to arbitrate renter -type claims against the property owner. Harris v. University Village Thousand Oaks CCRC LL C (2020) 49 Cal.App.5th 847, 850 -851 [finding the arbitration provisions in the dwelling lease or rental agreements void, despite the trial court's Page 2 of 4 characterization of thos...

Excerpt: ...ded complaint, which at its heart alleges that Plaintiff, now an adult, suffered childhood sexual abuse from Defendant EDWARD HEARN, a teacher, while attending a DUSD school, and in turn DUSD's own cross- complaint against DOLPHINS for indemnity based on those allegations. Leg al Standard. A defendant may move for judgment on the pleadings on the basis that the complaint against him does not state facts sufficient to constitute a cause of action....

Excerpt: ...legations t hat Defendant RODRIGO GONZALEZ MENDOZA, acting in the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure secti...

Excerpt: ...ions that M ENDOZA, acting in the scope of his employment with Defendant MEDIC AMBULANCE SERVICE, INC. (“MEDIC”), caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to the motion. Code of Civil Procedure sec tion 2023.030 permits a court to impose various sanctions on a party that misuses the discovery process. These sanctions range from monetary penalties to barring the use of eviden...

Excerpt: ...,000 to pursu e the action if the court finds “no reasonable possibility that prosecution of the action . . . will benefit the limited liability company or its members.” The deadline for filing such a motion is 30 days from service of the summons and complaint. Corpor ations Code §17709.02(b). WATERS was personally served with summons and complaint on November 6. Page 2 of 4 On December 4, another attorney in the office of WATERS' counsel...

Excerpt: ...in this case. (Code Civ. Proc., § 1005, subd. (b).) Plainti
¯'s opposition was not Þled and served until January 25, 2024, after the date by which Defendant was required to Þle a reply. The court disregards Plainti
¯'s severely tardy opposition. Claim Presentation Requirements. Plainti
¯ cannot bring a tort case against Defendant, a public entity, unless Plainti
¯ shows he properly presented a written administrative claim for his injuries ...

Excerpt: ... Mgmt. Dist. v. City o Los Angeles (2021) 71 Cal.App.5th 314, 319-320.) In act, “the only manner in which the insurer may exercise those powers [to provide a deense or a suspended corporation in a civil action upon a claim or personal injury pursuant to Revenue and Tax Code § 19719] is by intervening in the lawsuit under Code o Civil Procedure section 387 and asserting any deenses on behal o its insured.” (Kauman & Broad Communitie...

Excerpt: ...i-SLAPP motion is entitled to reasonable attorneys' fees and costs. (Code Civ. Proc., § 425.16, subd. (c); Ketchum v. Moses (2001) 21 Cal.4th 1122, 1130 (Ketchum).) A motion for fees may follow a successful anti-SLAPP motion even where the order on that anti-SLAPP motion has been appealed. (Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461.) Such an award of fees and costs is limited to those incurred making and defending the re...

Excerpt: ...); Jackson v. Doe (2011) 192 Cal App.4th 742, 749.) The demurrer is sustained as to the third cause of action for elder abuse. In order to state a cause of action for elder abuse against Defendants, all fictional business entities, a plaintiff had to plead, with particularity, the statutory elements of the violation. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, Page 2 of 3 790.) Among the required elements are facts showing that ...

Excerpt: ... action against it for negligent 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 ("SUTTER")'s hospital on September 3, 2020. The court has not received opposition from FERGUSON. Objections to Evidence. MITCHELL refers to her "Evidentiary Objection No. 1" to U...

Excerpt: ...at his vehicle was directly behind Plaintiff's vehicle and that Defendant Tirado told the responding offcer that he had managed to come to a complete stop but Defendant Wong collided with his vehicle and pushed it into Plaintiff's vehicle. (UMF 2, 5.) None of the asserted undisputed facts establish that Plaintiff is unable to prove that Defendant failed to Page 5 of 7 exercise reasonable care in driving behind Plaintiff or that Defendant's conduc...

Excerpt: ...ing a mediation apparently consisting of more than one session with Thomas Healy, Esq. Five years later, a motion was filed by Ramirez to enforce the settlement on October 28, 2016 and set for hearing on January 13, 2017 before Judge Beeman. After the motion was filed but before the hearing, Murphy's counsel filed an ex parte application to be relieved as attorney of record. On the date of the hearing another attorney appeared for Murphy and info...

Excerpt: ...xists. Conversion is "any act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his rights therein." Fisher v. Machado (1996) 50 Cal.App.4th 1069, 1072. A wrongful act, such as negligence in breaching a duty of care, creates the possibility of strict liability for any damages that result. Burlesc:i v. Petersen (1998) 68 Cal.App.4th 1062, 1065. Plaintiff has filed a declaration asserting that he prov...

Excerpt: ...ope of employment with TRUMPET as she drove her vehicle to an appointment at a TRUMPET patient's home, injured pedestrian MARK NEES and thereby also caused BLANCA NEES to suffer damages from loss of consortium. Page 4 of 6 Objections to Evidence. Plaintiffs' objections to TRUMPET's use of TRUMPET's and KARR'S discovery responses in TRUMPET's separate statement of undisputed material facts are sustained. Code of Civil Procedure section 2030.410 on...

Excerpt: ...hearing, and to which the court did not sustain objec
Ÿons by the other. The par
Ÿes also appear to agree that the General Plan does not include speciÞc deÞni
Ÿons for its language restric
Ÿng the providing of “basic municipal services” for “urban development” outside of CITY's urban limit line. Is it fair to characterize the main area of disagreement between the par
Ÿes is whether the General Plan is ambiguous as to whether water ...

Excerpt: ...ized under California law for vacating a judgment, including the incorrect calculation of interest. However, in addition to vacating the current sister-state judgment, the court can also issue a different judgment to take its place, if finds it appropriate to do so. (a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground tha...

Excerpt: ...ation apparently consisting of more than one session with Thomas Healy, Esq. Five years later, a moton was filed by Ramirez to enforce the settlement on October 28, 2016 and set for hearing on January 13, 2017 before Judge Beeman. After the motion was filed but before the hearing, Murphy's counsel filed an ex parte application to be relieved as attorney of record. On the date of the hearing another attorney appeared for Murphy and informed Judge ...

Excerpt: ...gage in the interactive process, (5) retaliation for requesting leave, (6) retaliation for complaining about discrimination, (7) wrongful termination, (8) defamation, (9) intentional infliction of emotional distress, (10) failure to pay minimum wage, (11) Page 5 of 14 failure to pay for all hours worked, (12) failure to pay overtime, (13) failure to provide rest periods, (14) failure to keep records, and (16) unfair business practices. The absenc...

Excerpt: .... The case concerns a sales contract for a 2017 Jeep Grand Cherokee vehicle. The court has not received opposition to the motion. Legal Standard. A plaintiff may move for summary adjudication as to one or more causes of action within an action if the plaintiff contends that there is no defense to the cause of action. (Code Civ. Proc., S 437c, subd. (f)(l).) A crossdefendant may move for summary judgment on the basis that the plaintiff cannot esta...

Excerpt: ...tion that the investigator's communications with each witness is being compiled and will be produced, renders much of the remaining part of this motion moot. However, to ensure CITY has produced all responsive nonprivileged documents (and documents whose privilege was waived by CITY's assertion of its new affirmative defense), CITY shall serve further verified responses to Request for Production No. 4, and Form Interrogatories 115.1 and 215.2, wi...

Excerpt: ...using and Employment Act (the "FEHA"), additionally fails due to PROCTOR's lack of a right-to sue notce from the Department of Fair Employment and Housing (the "DFEH"). Summarized, Plaintiffs' complaint alleges that Plaintiffs rented residential property from Defendants and that the property has numerous serious habitability issues. Legal Standard. "The function of a demurrer is to test the suffciency of the complaint as a matter of law." (Holida...

Excerpt: ...amount identified in the settlement agreement. Defendant's opposition argued that (1) the court was not presented with a request to retain jurisdiction, because the settlement agreement containing such a request was not filed with the court before this motion; (2) the settlement agreement fails to include a "time is of the essence" provision; and (3) the settlement agreement fails to contain an acceleration clause. As to court jurisdiction, no di...

Excerpt: ...or to the hearing." (Minutes (11/2/23).) The proof of service had to be filed on or before December 7, 2023, or five court days prior to the hearing. (Cal. Rules of Court, rule 3.1300(c).) Defendant Winnresidential's Motion to Strike Defendant Winnresidential California, LP's motion to strike punitive damages from Plaintiff's first amended complaint is granted with leave to amend. A defendant's failure to meet and confer prior to filing the motio...

Excerpt: ...section 436, subdivision (a) permits a court to strike out any irrelevant, false, or improper matter inserted in any pleading, upon a moton or in its discretion. The court understands that the parties agree that the reference to Government Code section 835, relating to public entity liability for the dangerous condition of its property, is in the complaint in error. (Motion to Strike at p. 2, fn. 1.) The references to Government Code secton 815.6...

Excerpt: ... 437c(p)(1); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements for a breach of contract are: 1) a contract, 2) plaintiff's performance, 3) defendant's breach, and 4) damages. (Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1112.) It is undisputed that Defendant applied for and entered into a written loan agreement with Plaintiff, Plaintiff performed by disbursing the amount of the lo...

Excerpt: ...tters, leave to amend is granted. On the first count (cause of action) for violation of CIPA: Penal Code 5630 precludes one who, "in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable". Thus, "interception" must be simultaneous (i.e., contemporaneous) with the website user's transmission of informati...

Excerpt: ...heories or unusual circumstances in this case. Yet to date, plaintiff's counsel has propounded 24 sets of written discovery including 5 sets of Form Interrogatories, 2 sets of Form Interrogatories (Employment), 6 sets of Special Interrogatories remarkably totaling more than 116 questions, 5 sets of Requests for Admission and 6 sets of Requests for Production. In addition, Plaintiff has taken 5 depositions including the store manager, 2 assistant ...

Excerpt: ... estate in the Common Area" (UMF 2), that Defendant made adverse claims to Plaintiff's title by employing "personal property, including without limitation four dining tables, ten chairs and multiple heat lamps which fully and completely occupy it, and Defendant has surrounded the Subject Common Area with large potted plants, and a 'Planter Box Barrier'" (IJMF 14) to assert an exclusive or possessory interest in the Page 7 of 7 property (UMF 3), a...

Excerpt: ... damaged by erosion substantially caused by VACAVILLE's use and maintenance of its Alamo Creek drainage easement and a sixty-inch storm drain outfall ninety-two feet upstream and connected to land VACAVILLE owns. Objections to Evidence. In ruling on a moton 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., S 437c, subd. Plaintiff's objection...

Excerpt: ...o oppositions were received to either motion. The motions are granted. The truth of the matters specified in Plaintiff's Request for Admissions, Set One as to DEBORAH M. REED-JACK are deemed admitted, and the genuineness of the documents set forth in Plaintiff's Request for Admissions, Set One are deemed admitted. Page 3 of 3 The truth of the matters specified in Plaintiff's Request for Admissions, Set One as to KEVIN J. REED are deemed admitted,...

Excerpt: ...79 and 1102, fraud, negligent misrepresentation, and negligence. Plaintiffs allege that Moving Defendants brokered a sale of real property (the "Property") on behalf of the seller and failed to disclose "defects in the electrical system." (Complaint at '1 63.) Plaintiffs additionally allege that they have been disturbed twice in the night by persons who previously purchased marijuana from the Propertvs seller. (ld. at 33.) Plaintiffs additionally...

Excerpt: ...esponses to interrogatories and requests for production, the moving party must engage in meet and confer efforts to try to resolve the disputes. [interrogatories]; [requests for production]. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the moton. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past his...

Excerpt: ...in propria persona by filing an Answer to the original Complaint on November 24, 2021. He attended Case Management Conferences on June 14, 2022, October 25, 2022 and December 20, 2022. He failed to file an opposition to, or attend the September 1, 2022 hearing on Plaintiff's Motion to Compel discovery responses. The order on the Motion to Com#l was discussed by the Court during the Case Management Conference on October 25, 2022, which Defendant a...

Excerpt: ...negligent failure to warn, and negligent supervision of a minor. Plaintiff alleges that she suffered childhood sexual abuse from Defendant EDWARD HEARN ("HEARN") and that DUSD is liable on the basis that it employed HEARN as a substitute teacher while Plaintiff attended Dixon High School and as a swim coach for the school swim team of which Plaintiff was a member. DUSD raises seven issues in its moton: (1) that Government Code section 905, subdiv...

Excerpt: ...Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817 [appellate court approved over in fees attributable to the motion for attorney fees]. However, only the latter and not the former are subject to any significant multiplier, to compensate for such factors as risk and delay in recovering attorneys fees. Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 580-582. The court's role is to review the claims for attorneys fees, and m...

Excerpt: ... the 'game' element out of trial preparation". (Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 375.) "A principal purpose of the new discovery act is to facilitate expeditious dispositon of litigation" and "[i]t would contravene that purpose to require two steps in a discovery proceeding where one suffices." (Laddon v. Superior Court (1959) 167 Cal.App.2d 391, 396.) Regardless of whether Defendant legitimately construed Plaintiff's reque...

Excerpt: ...the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure section 2016.040 requires a declaration "showing a reasonable and go...

Excerpt: ... would support judgment on the pleadings in favor of Defendants, probably with leave to correct these deficiencies, if they can be corrected (the court finds the discovery responses by SKINNER suggestive but not conclusive as to her lack of standing to pursue a survivor action following the death of the named plaintiff). Nevertheless, summary judgment is proper here because Defendants presented suffcient evidence to negate the element of breach o...

Excerpt: ...A, acting in the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure section 2016.040 requires a declaration "showing a reas...

Excerpt: ...f 4 the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure secton 2016.040 requires a declaration "showing a reasonable and...

Excerpt: ...to prevent Plaintiff from taking possession of the property, they may file with the court an undertaking in the amount of to cover potential costs and damages that may be sustained as a result of Plaintiff's failure to gain possession. (Code Civ. Proc. S 515.020.) The levying offcer is not authorized to enter a private place to take possession of the property. Plaintiff has not provided the court with any competent evidence establishing probable ...

Excerpt: ...lege breach of the implied Page 2 of 3 warranty of habitability and related claims with regard to real property (the "Property") rented from Defendants. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work discovery issues out before resorting to a motion to compel further responses. The trial court has discretion in determining whether adequate meet and confer efforts preceded the fil...

Excerpt: ...edure section 435, subdivision (a) permits a court to strike out any irrelevant, false, or improper matter inserted in any pleading, upon a motion or in its discretion. Irrelevant matters are those not essential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc., S 431.10.) "The grounds for a moton to strike s...

Excerpt: ...the arbitration agreement. The contract to rent the storage space and inclusive of the arbitration provision was provided by UHAUL (and Plaintiff also attached a copy to the complaint, and has not disputed that she signed the contract). The arbitration provision also contains a waiver of the right to pursue or participate in representative actions. Page 2 of 7 Plaintiff's opposition to this motion to compel arbitration raised two basic arguments:...

Excerpt: ... every original purchaser executed a purchase agreement that included a requirement that all post-closing disputes would be resolved pursuant to a separately executed "Individual Dispute Resolution Agreement" and a "Master Dispute Resolution Declaration". (Decl. of Kelly, 3, Exh. 1, S 20.) The "Declaration" set forth the claims process, including the "mandatory arbitration procedures [for] all post-closing Disputes between Declarant and Owner". (...

Excerpt: ...c policy. Summarized, Plaintiff argued that Defendant terminated her employment because she made whistleblower complaints; Defendant argued that it terminated her employment for the legitimate independent reason that she unnecessarily included patient health information ("PHI") in those complaints in violation of company policy and direct warnings. Legal Standard. Bases for a new trial moton include, as relevant, irregularities in the proceedings...

Excerpt: ...home (the "Property") from Defendants VLADISLAV FRENK ("FRENK") and AIDA NAFTALIYEV. Notice of Tentative Ruling. ALLIANCE's notce of demurrer does not advise the recipient that the Solano County Superior Court uses a tentative ruling system, as is required under Local Rule 3.9, subdivision (d). ALLIANCE is cautioned to observe local rules going forward. Legal Standard on Demurrer. "The function of a demurrer is to test the sufficiency of the comp...

Excerpt: ...ve golf car. The court has received S&S's reply to Plaintiff's opposition to the motion, as well as S&S's reply to Plaintiff's response to S&S's proffered undisputed material facts. The court has not received a response by S&S to Plaintiff's proffered undisputed material facts. Objections to Evidence. In ruling on a motion for summary judgment or adjudication the court need only rule on those evidentiary objections that it deems material to its d...

Excerpt: ... system, as is required under Local Rule 3.9, subdivision (d). Plaintiffs are cautioned to observe local rules in future filings. Legal Standard on Demurrer. Code of Civil Procedure section 430.20 authorizes a party to demur to an answer to the party's complaint where the answer does not state facts sufficient to constitute a defense. Demurrers to complaints and demurrers to answers generally follow the same analytical process. (South Shore Land ...

Excerpt: ...nlimited to limited jurisdiction, on motion by a defendant filed by the time that defendant must file its initial responsive pleading. C.C.P. 5403.040(b) permits later-filed motions to reclassify, but only if "The moving party shows good cause for not seeking reclassification sooner". Page 2 of 2 WALMART's motion made no showing of gtnd cause for the six to seven month delay in filing here. Even if WALMART's motion had been timely filed and timel...

Excerpt: ...ch the defendant acted on behalf of the plaintiff in a transaction, and either misled or failed to fully disclose information they should have known, which was a substantial factor in causing the plaintiff harm. CACI 4111; Civil Code 51573. Fraud (intentional misrepresentation) involves making a knowing misrepresentation with intent to induce reliance, causing justifiable reliance and harm. Behnke v. State Farm General Ins. Co. (2011) 196 Cal.App...

Excerpt: ...es of motions (although the captions of the notces bear the correct date, as does Plaintiff's oppositions), and to claim that Defendant's counsel had failed to adequately meet and confer before filing the motions. Plaintiff specifically argued that the failure of Defendant's counsel to request an informal discovery hearing precluded a finding of adequate meet and confer efforts. There is no authority for this proposition, nor has Plaintiff's coun...

Excerpt: ...hat is subject to the jurisdiction of the court or the relief demanded in the action would exclude the party from any interest in the property. Strict compliance is required to obtain leave to serve by publication. County of Riverside v. Superior Court (1997) 54 Cal.App.4th 443, 450. Further, constitutional principles of due process of law require that service by publication be used only as a last resort. Watts v. Crawford (1995) 10 Cal.4th 743, ...

Excerpt: ...h); 2. That there is no meritto each of the Defendants' affirmative defense allegations in their Amended Answer to Plaintiff's Third Cause of Action in their Third Amended Complaint for Unruh violations. In support of her Motion, Plaintiff submits four declarations: from herself, her counsel, and two experts, David Atkin, M.D„ and Steve Schraibman, CASP, AIA. She does not prov-de a Separate Statement of undisputed Material Facts. b. Opposition:...

Excerpt: ...ey's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. Where a contract provides for attorney's fees, as set forth above, that provision shall be c...

Excerpt: ...aintiff, now an adult, suffered childhood sexual abuse from Defendant EDWARD HEARN ("HEARN"), a DOLPHINS employee. 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...

Excerpt: ...ictim". (Thing v. La Chusa (1989) 48 cal.3d 644, 667-658; Bird v. Saenz (2002) 28 cal.4th 910, 915.) A bystander may be aware that an injury-producing event is causing injury to the victim without visually observing the exact moment of injury. (Krouse v. Graham (1977) 19 Cal.3d 59, 76; Wilks v. Hom (1992) 2 Cal.App.4th 1254, 1271; see, Bird, 28 Cal.4th at 916 ["To be sure, Thing's requirement that the plaintiff be contemporaneously aware of the i...

Excerpt: ...ugs and/or controlled substances were in her system at the tme of October 25, 2021 motor vehicle collision." Timeliness of Motion. Code of Civil Procedure section 1987.1 gives the trial court power to quash, modify, or direct conditional compliance with a subpoena upon a party's motion. The court may make any order as appropriate to protect the subpoenaed entity from unreasonable demands. Code of Civil Procedure section 1985.3, subdivision (g) mo...

Excerpt: ...bd. (b), 2016.040.) Defendant's counsel's declaration accompanying its motion to compel states that since denial of Defendant's previous motion for leave to conduct a mental examination on February 22, 2023 the parties have met and conferred by phone and email. (Declaration of Simone M. Leighty in Support of Motion at "1 7-8, Exhibit F.) Subsequent to these discussions Defendant served a new demand for examination on March 13, 2023, to which Plai...

Excerpt: ...us and cause for its denial". (Cal. Rules of Court, rule 3.1113, subds. (a)-(b).) Additionally, on the court's own motion, the court vacates the entry of default on January 19, 2023. Plaintiff's proof of service of the summons and complaint, on a Judicial Council form that explicitly instructs the user "not [to] use this form to show service of a summons and complaint", establishes a failure to satisfy statutory requirements for service of a summ...

Excerpt: ...e deposition was unilaterally set, which is incorrect. In fact, Plaintiff's counsel requested dates on which Steve Circosta would be available, but Defendant's counsel failed to respond. Decl. of David Perkins, "11.) In response, Plaintiff's counsel extended an offer to meet and confer which was unsuccessful. The Court notes that the deposition notice was already for a remote deposition and Plaintiff indicated to defense counsel that the depositi...

Excerpt: ...00 case management fee on February 7, 2023, Page 3 of 3 due upon receipt or no later than 30 days from the date of the invoice. On March 3, 2023 a reminder was sent by AAA to Defendant and the message was relayed to the person responsible for approving large expenditures; however, he was on vacation and did not respond to Defendant's general counsel until March 7 with the approval. However, the payment was not issued. On March 14, 2023, AAA sent ...

Excerpt: ... discovery issues out resorting to a motion to compel further responses. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. (Obregon v. Superior Court (1998) 67 Cal.App.4th 424 (Obregon) [factors include complexity of discovery issues, history of counsel in prior disputes, judge's gut feeling; sending one brief letter 13 days prior to deadline to file motion was not sufficient...

Excerpt: ...d due to a defective golf car. Plaintiff has stated that he does not oppose this motion. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (Code Civ. Proc., S 437c, subd. A summary judgment motion is pro#rly granted where the evidence in support of the moving party would be suffcient to sustain a judgment in his favor and his opponent does not show facts s...

Excerpt: ...ver, a constitutional or statutory provision must identify a clear, nondiscretionary duty to act upon the facts alleged or an abuse of discretion in how [respondent] chose to act" and a petition must "show that there is some specific statutory mandate that was violated by the [public entity]." (In re Dohner (2022) 79 Cal.App.5th 590, 598-599, internal quotations and citations omitted.) Petitioner has not established that Respondent owed a clear, ...

Excerpt: ... discovery issues out before resorting to a motion to compel further responses. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. (Obregon v. Superior Court (1998) 67 Cal.App.4th 424 (Obregon) [factors include complexity of discovery issues, history of counsel in prior disputes, judge's gut feeling; sending one brief letter 13 days prior to deadline to file motion was not suf...

Excerpt: ... Defendant, was assaulted by train passenger Susanna Campos and her daughter Angie Campos, who was waiting for Susanna at Suisun Station. Objections to Evidence. 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„ S 437c, subd. (q).) The court finds the first two of Defendant's three objections to Plaintiff's evidence im...

Excerpt: ...rnia Environmental Quality Act (the "CEQA"). additionally moves to dismiss the petition on the same grounds upon which he bases his demurrer. The court takes judicial notice under Evidence Code section 452, subdivision (c) of Exhibit A, constituting the notice of exemption stating the categorical exemption of U-18-01-MR1 from the CEQA filed May 5, 2022. The petition was filed on July 26, 2022. Public Resources Code section 21157, subdivision (d) ...

Excerpt: ...cation. (NBC subsidiary (KNBC-TV), Inc. v. superior court (1999) 20 cal.4th 1178, 1208; Mercury Interactive Corporation v. Klein (2007) 158 Cal.App.4th 60, 84.) Accordingly, a court record must not be filed under seal without a court order. (Cal. Rules of Court, rule 2.551(a).) Such an order must not be based solely on the agreement of the parties. (Cal. Rules of Court, rule 2.551(a).) A party seeking the sealing of a court record must file a wri...

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: ...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: ...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: ...(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: ...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: ...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: ...s. Any insufficiency in these supplemental responses must be raised by a new motion Page 5 of 5 accompanied by a meet and confer declaration demonstrating a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc. § 2016.040.) To meet this meet and confer requirement, counsel must engage in a “serious effort at negotiation and informal resolution” that amounts to a sufficient �...

Excerpt: ...021, plaintiff's counsel sent a notice for defendant's deposition to take place on April 6, 2021, more than a month before the date set for plaintiff's deposition. A litigation battle ensued, with neither side conceding. Depositions were repeatedly set and canceled. Other issues arose. A delay in prosecution was the ultimate result. Page 2 of 5 The lawsuit is now 26 months old and neither the deposition of the plaintiff nor the deposition of the ...

Excerpt: ... to the sales contract. Nor was FCA US LLC an “employee, agent, successor, or assign” of the dealer. Further, FCA US LLC may not enforce the arbitration clause under the doctrine of equitable estoppel or as a third party beneficiary. In contending that the arbitration clause applies to FCA US LLC under the doctrine of equitable estoppel, defendant primarily relies on Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486. However, in that case, t...

Excerpt: ...ocedure sections 1281.97 and 1281.98 provide that where a party responsible under an arbitration agreement for payment of arbitration fees fails to pay required fees within thirty days of the fees' due date that party waives its right to compel the other party to continue with arbitration. The waiver of that right affords the other party certain privileges, most relevantly the ability to withdraw from arbitration and proceed in state court and th...

Excerpt: ..., or assign” of the dealer. Further, FCA US LLC may not enforce the arbitration clause under the doctrine of equitable estoppel or as a third party beneficiary. In contending that the arbitration clause applies to FCA US LLC under the doctrine of equitable estoppel, defendant primarily relies on Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486. However, in that case, the dealer, who was a signatory to the sales contract, had been named as a d...

Excerpt: ...r from either Plaintiff's motion or Michelle Lim's declaration, or from Defendant's opposition or Sat Sang Khalsa's declaration that there was ever an actual agreement to stay discovery. Lim did not submit any emails or letters between the attorneys, although she referred to them in her declaration. Khalsa submitted some emails. Neither party submitted any emails or letters relating to or responding to the February 15, 2022 email from Lim to Khal...

Excerpt: ...tentional, willful, or fraudulent are insufficient. (Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872; G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “[T]he act of operating a motor vehicle while int...