Excerpt: ...handful of cases of importance on when an arbitration provision contained in a handbook constitutes an enforceable arbitration agreement. They focus on matters such as whether the employee signed an acknowledgment of receipt of the handbook which expressly referred to the arbitration provision; whether the arbitration provision is specifically identified in the handbook's table of contents; whether the arbitration provision is highlighted in any ...

Excerpt: ...of a sales contract for a car (the “Vehicle”) that contained a serious latent manufacturing defect (the “Engine Defect”). 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 ess...

Excerpt: ... SHARMA's Motions to Access Property and Expunge Lis Pendens TENTATIVE RULING Page 2 of 3 Defendant and Cross‐Complainant RAJ KUMAR SHARMA (“SHARMA”) moves to expunge the lis pendens filed November 30, 2020 on the real property at 7403 Porter Road, Dixon, CA 95620 (the “Property”). SHARMA also moves to be permitted to access the Property for purposes of performing repairs and showing the Property for sale. The Property is at issue in a ...

Excerpt: ...pp.5th 453, 458.) Plaintiff has not made a showing of inability to meaningfully access the courts. This court previously denied a motion from Plaintiff for appointment of counsel in part because Plaintiff, by his successful maintenance of this case and another in another court department, showed that he enjoyed meaningful access to the courts. Plaintiff has not shown that the situation has changed. Evidence Code section 730 authorizes the court t...

Excerpt: ...nia, including a blood draw. Plaintiff resides in Reno, Nevada. Procedure for Discovery via Physical Examination. Code of Civil Procedure section 2032.220 provides that any defendant in a personal injury case may demand, without leave of court, that the plaintiff submit to one physical examination, so long as the examination is not “painful, protracted, or intrusive” and is not set to take place more than seventy‐five miles away from the pl...

Excerpt: ...er Code of Civil Procedure section 430.30, subdivision (a). The court declines to take judicial notice of JENNIFER's proffered items. The lease between the parties is not a fact or proposition beyond reasonable dispute. Plaintiff's complaint is already a part of the record. 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 ...

Excerpt: ...pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Counsel for Defendant declares that the parties conferred over Plaintiff's original complaint and this process led to the filing of the 1AC. (Declaration of Gregory P. Wayland in Support of Demurrer at ¶¶ 3‐5.) Counsel declares his perception that the 1AC corrects no flaws of the original complaint. (Id. at ¶ 6.) Accordingly, counsel felt that a phone call on May 19, 2022 that was ...

Excerpt: ... efforts to meet and confer to work these issues out before resorting to a discovery motion. Code of Civil Procedure section 2016.040 requires a declaration “showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion” to compel. 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.4...

Excerpt: ... information and under a false representation of GOMEZ's ability to later repurchase the Property from SHARMA. 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: ...ff and KYLE BAKA subsequently granted their interests in that Property to KAREN BAKA. KAREN BAKA filed a probate petition in case FPR051416 on March 30, 2022 implicating the same deeds. The dispute between the parties concerns, among other issues, whether or not the Property is properly an asset of a trust created by Mark Duvall prior to his death. Court's Probate Jurisdiction. “Jurisdiction” refers in the truest sense to a court's authority ...

Excerpt: ...course and scope of employment with COMCAST, caused an automobile collision with Plaintiff. Plaintiff alleges that ALCANTARA was driving in a dangerous condition due to being severely tired, and that he drove in such a condition with COMCAST's approval. Plaintiff requests punitive damages against COMCAST for its acts causing and/or approving ALCANTARA's alleged dangerous driving. Legal Standard. Code of Civil Procedure section 436, subdivision (a...

Excerpt: ...ased on the same alleged defects existing or developing within one year of purchase. The Song‐Beverly Consumer Warranty Act imposes specified duties on manufacturers of consumer goods sold in California for which an express warrant is given. (Civ. Code § 1793.2(a).) A consumer good is specially defined as “any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes”. (Civ. C...

Excerpt: ....040.) The meet and confer declaration submitted by Plaintiff simply concludes that counsel “met and conferred extensively” without any supporting facts describing what actions were taken in an effort to meet and confer or the scope of discussions between counsel. (Decl. of Ramsdell, ¶ 9.) At best, Plaintiff's counsel establishes that he sent one meet and confer letter, which has not been provided to the court, and received a response to tha...

Excerpt: ...Plaintiff to produce the audio recording of her physical examination before Defendant must produce the report of that examination. Plaintiff fails to present a valid reason for withholding the recording and preventing the examiner from preparing a potentially more accurate report. Defendant shall deliver a copy of the report of the examination to Plaintiff within 30 days of service of, or access to, Plaintiff's audio recording of the examination....

Excerpt: ... of action to which the demurrer was sustained”. (Cmty. Water Coalition v. Santa Cruz County Local Agency Formation Comm'n (2011) 200 Cal.App.4th 1317, 1329.) “The plaintiff may not amend the complaint to add a new cause of action without having obtained permission to do so”. (Ibid.; Harris v. Wachovia Mortgage (2010) 185 Cal.App.4th 1018, 1023.) Additionally, Plaintiff has not cured the defects previously identified in the court's ruling o...

Excerpt: ... to an unreasonable risk of injury. (Rowland v. Christian (1968) 69 Cal.2d 108, 119; Barnes v. Black (1999) 71 Cal.App.4th 1473, 1478; Medina v. Hillshore Partners (1995) 40 Cal.App.4th 477, 481; Seaber v. Hotel Del Coronado (1991) 1 Cal.App.4th 481, 488.) Page 2 of 2 Plaintiff has been deemed to have admitted that the premises “was maintained safely at the time” of her alleged injury and that Defendant Parkview “is not liable to [Plaintiff...

Excerpt: ...rally operates prospectively to declare future rights, rather than to redress past wrongs.” (Jolley v. Chase Home Fin., LLC (2013) 213 Cal.App.4th 872, 909; Babb v. Superior Court (1971) 3 Cal.3d 841, 848.) There is no basis for declaratory relief if only past wrongs are involved. (Osseous Tech. of Am., Inc. v. DicoveryOrtho Partners, LLC (2010) 191 Cal.App.4th 357, 366; County of San Diego v. State of Cal. (2008) 164 Cal.App.4th 580, 607‐608...

Excerpt: ...ons (the “Property”). (Evid. Code, § 452, subd. (d); Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264‐265 [judicial notice of recorded documents], disapproved on other grounds in Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 939 at fn. 13.) Sufficiency of Pleading. “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) 1...

Excerpt: ...nd agreement requirements of the CITY OF BENICIA (“CITY”), by successfully obtaining an encroachment permit and entering into an encroachment agreement with CITY [UMFs 1‐18 and evidence cited in support thereof]. Defendant also failed under Benicia Municipal Code §1.10.040 to timely file an administrative challenge of either of the administrative citations issued against him [UMFs 58 and 64, and evidence cited in support thereof]. Summary ...

Excerpt: ...ity discrimination, (5) retaliation, (6) retaliation under the Family and Medical Leave Act (the “FMLA”) and California Family Rights Act (the “CFRA”), and (7) wrongful termination. Defendant alternatively and in addition moves for summary adjudication on the issue of its liability for punitive damages. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of act...

Excerpt: ...t reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. [Khoury v. Maly's of Calif., Inc. (1993) 14 CA4th 612, 616, 17 CR2d 708, 710 (citing text); A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 CA5th 677, 695, 251 CR3d 423, 439] Comment: Otherwise, judges usually make short shrift of demurrers for uncertainty. They expect counsel to clear up any ambiguities through disco...

Excerpt: ...ENTIC FAIRFIELD LLC TENTATIVE RULING A preliminary question posed by the filing of these demurrers is whether a party named as a “real party in interest”, but not a “respondent” or “defendant”, and against whom no causes of action are clearly identified, and no charging allegations of wrongdoing made specific to that party, is one who can challenge the causes of action in the pleading by way of demurrer. The term “real party in inte...

Excerpt: ...ing is so produced, the testimony of the witness concerning such matter shall be stricken.” Here, a colossal series of delays occurred. First, the deposition, which was being taken remotely via Zoom, did not start at the appointed time although defense counsel and court reporter were ready and waiting. Thirteen minutes after the deposition was to begin, Hawkins and his attorney appeared on Zoom. Hawkins was unprepared to review documents remote...

Excerpt: ...” if the filing of the petition then causes the agency to produce the responsive documents, before the petition is ruled upon by the court. Sukumar v. City of San Diego (2017) 14 Cal.App.5th 451, 463‐464. In the present case, Respondent CITY OF FAIRFIELD (“CITY”) did produce some responsive documents, at various times, all after the filing of this writ petition in September 2018. The total number of pages of these later‐produced documen...

Excerpt: ... court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff's objections 1 through 6 to the Declaration of Kirsten White in Support of Defendant's Motion for Summary Judgment (White) are overruled. Ms. White establishes a foundation for her expertise in relevant matters. Plaintiff's objection 18 to her deposition testimony at page 41, line 23 to pa...