Excerpt: ...ies outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, 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. Page 3 of 3 It does not suffice to include within the settlement agreement a stipulation...

Excerpt: ...nd taken. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §7:292. Discovery admissions cannot be considered on a motion for judgment on the pleadings. No extrinsic evidence: The motion normally lies only for defects fully disclosed on the face of the pleading under attack or by matters of which judicial notice may be taken. Declarations or other extrinsic matters are improper. Therefore, the judge hearing the motion cannot consider ...

Excerpt: ...ar either 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. In general, where an answer totally fails to deny a material allegation, the allegation is treated as a binding admission. 5 Witkin, California Procedure (6th ed. 2021) Pleading, § 1090, p. 522. The same is true if the answer contains a proper denial, but the denial is directed to an allegation ...

Excerpt: ... driven by Defendant Bartley. (Complaint, ¶¶ 3‐5, 7, 11‐13, 15; Amendment to Complaint.) Negligence may be alleged in general terms. (Lopez v. S. Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795; Stowe v. Fritzie Hotels, Inc. (1955) 44 Cal.2d 416, 421; Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 154.) “[A]fter what was done has been stated, it is sufficient to allege that it was negligently done, without stating the particu...

Excerpt: ...he court may take judicial notice. C.C.P. § 438(d); see California Evidence Code § 452. In his answer, Defendant denied paragraphs 5, 7, 8, 11, 12, 14 of Plaintiff's complaint based on lack of information or belief. Those are the operative paragraphs alleging the elements of common counts; an unpaid debt that a defendant owes to plaintiff. 4 Witkin, California Procedure (6th ed. 2021) Pleading, § 565, p. 654. Therefore, DEFENDANT has specifica...

Excerpt: ...the court to have been reasonably incurred by the buyer in connection with the prosecution of his action. (Civ. Code, § 1794, subd. (d).) When awarding these required fees a court must make an initial determination of the actual time expended and then ascertain whether under all the circumstances of the case the amount of actual time expended and the charge for the time are reasonable. (Hanna v. MercedesBenz USA, LLC (2019) 36 Cal.App.5th 493, 5...

Excerpt: ...ng, or it is withdrawn by the moving parties, the court may proceed later in this scheduled hearing to consider argument on the demurrer and writ. Otherwise, if the disqualification motion is granted, or taken under submission, the court will discuss the resetting for hearing of the demurrer and the writ. Page 3 of 4 As the tentative ruling on the disqualification motion: Moving parties identified Penal Code §1424(a)(1) as the basis for this dis...

Excerpt: ...e of action under section 1983. As to the state law claims, any claim against a public entity must be authorized by statute. Government Code section 815. Government Code section 844.6 immunizes public entities from suits based on injury to a prisoner. The only exception to this broad immunity relevant here is Government Code section 845.6, which makes public employees and entities liable for injuries to a prisoner in certain situations, including...

Excerpt: ...he court may take judicial notice. C.C.P. § 438(d); Evidence Code § 452. In his answer, Defendant denied paragraphs 5, 7, 8, 11, 12, 14 of Plaintiff's complaint based on lack of information or belief. Those are the operative paragraphs alleging the elements of common counts; an unpaid debt that a defendant owes to plaintiff. 4 Witkin, California Procedure (6th ed. 2021) Pleading, § 565, p. 654. Therefore, DEFENDANT has specifically denied, bas...

Excerpt: ...anted to compel further responses to the following interrogatories: Form Interrogatories 15.1; 17.1; and Special Interrogatories 47‐ 51. The response to 15.1 thus far provided by FF PROPERTIES, LP dba FAIRFIELD PROPERTIES, LP (“FF”) did not include the names and addresses of each and every witness (some of which were referred to only in general descriptive terms), nor did it identify each and every document FF asserts support any denials of...

Excerpt: ...Defendant with a detailed meet and confer letter and that opposing counsel telephonically discussed the issues raised in the letter, it is evident that counsel did not engage 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....

Excerpt: ...t of Corr. and Rehab. (2006) 142 Cal.App.4th 377, 386.) To be “material”, the change in work conditions must be more than merely contrary to the employee's interests or desires, but must consist of a detrimental and substantial effect on the employee's work environment. (Ibid.; Akers v. County of San Diego (2002) 95 Cal.App.4th 1441, 1445.) “[W]orkplaces are rarely idyllic retreats, and the mere fact that an employee is displeased by an emp...

Excerpt: ...any written document bearing the signatures of the parties or their attorneys here. Instead, she relies upon some communications between the attorneys, via telephone and e‐mail, which her counsel claims constitute a written settlement agreement. E‐mails are insufficient to meet the C.C.P. section 664.6 “signature” requirement. [A] typed name at the end of an e‐mail is not, by itself, a signature under case law. Courts have held that typ...

Excerpt: ... of her cell phone records or compel her cell phone carrier, Verizon, to release the records pursuant to a subpoena duces tecum. The motion is granted with a time limitation. This case arises from a motor vehicle accident which resulted in criminal charges against Rowley and two civil cases, now consolidated. Moving parties seek Rowley's cell phone records for a brief period of time before and after the moment of the accident. Said records cannot...

Excerpt: ...recoverable in a Song‐Beverly Consumer Warranty Act (“lemon law”) action, such as the one before the court, unless they were reasonable in amount and reasonably necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subds. (a)(3), (a)(10), (c)(5) [“necessary” deposition costs and attorney's fees, inter alia, are “costs”]; Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4th 807, 816 [lemon law attorney's f...

Excerpt: ...t to meet and confer prior to filing of the motion. The Declaration of Yuki Cruse in Support of Motion shows that WINCO made adequate efforts to meet and confer prior to filing this motion. Merits of the Motion. Code of Civil Procedure section 2017.020, subdivision (a) allows a court to limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information s...

Excerpt: ...action of a purchase agreement that contains items for which Defendant may not be liable. (See, UMF 1‐4.) Additionally, although Plaintiff purports to direct this second summary adjudication motion against the second cause of action for violation of Civil Code section 1793.2(b), the damages for a violation of that subdivision are limited to “damages caused by the delay in repairing a nonconformity that did not substantially impair the car's u...

Excerpt: ...r or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. The motion is untimely. The Request for Entry of Default was filed August 20, 2020. The Default Judgment was entered September 11, 2020. The instant motion was filed August 31, 2021, almost one year after the ent...

Excerpt: ...nd for sanctions; and a motion for order deeming Requests for Admission served on Defendant Dwight Davenport admitted, and for sanctions. Defendant Dwight Davenport failed to file oppositions to either motion. Plaintiff's motion to compel responses to Requests For Production Set No. 1 is granted. By failing to timely serve responses to this discovery request and produce documents, Defendant Dwight Davenport has waived all objections. (Code Civ. P...

Excerpt: ...to reexamine their positions, and to narrow their disputes to the “irreducible minimum” before asking the court to resolve them. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §8:1159; See also Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1281, quoting Townsend v. Superior Court (1998) 61 Cal.App.4th 1431 [“'informal resolution' of discovery disputes ‘entails something more than bickering with (opposing counsel).' Rather,...

Excerpt: ..., Williams v. State of California, under Evidence Code section 452, subdivision (d) as records of the court. Claims Act Compliance. Plaintiff cannot bring a tort case against Defendant, a public employee acting in the course and scope of her employment at the time of the underlying incident, unless Plaintiff shows she properly presented a written administrative claim for her injuries to Defendant's employing public agency (the State of California...

Excerpt: ...I HATCH‐SMITH and filed June 14, 2021. The BIANCOS' second motion is to be awarded attorneys' fees and costs incurred in their partition action against PATTI E. HATCH‐SMITH (“HATCHSMITH”). Their partition action was consolidated with related cases concerning title to the property at issue (the “Property”) and monies owed to the BIANCOS for work performed. Attorneys' Fees under Code Civ. Proc., § 874.010. Code of Civil Procedure secti...

Excerpt: ...e 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 court finds Plaintiffs' counsel's declaration accompanying the motion to compel sufficient to show reasonable and good faith meet and confer efforts. (Declaration of Kevin R. Elliott at ¶¶ 8‐9, 11.) Requests for Admissions. Requests for Admissions #4‐5 r...

Excerpt: ... 119, 124, 125, 126 and 128; and denied as to interrogatories 112, 113, 116, 118, 127, 131, and 132. Plaintiffs' motion to compel further responses to Requests for Production, Set Two is granted as to requests 60, 63 and 64; and denied as to requests 54, 55 and 62. Plaintiff's counsel here identified no further meet and confer effort after Defendant filed amended responses to some of the discovery at issue in Plaintiff's motions (Special Interrog...

Excerpt: ...Communications preparatory to, or in anticipation of litigation, are protected if they concern the subject of the dispute “and [are] made in anticipation of litigation contemplated in good faith and under serious consideration”. (People ex rel. Fire Ins. Exch. v. Anapol (2012) 211 Cal.App.4th 809, 824.) Defendant presents evidence that the claim submitted to Plaintiff's surety was either “a necessary prerequisite to expected litigation or w...