Excerpt: ... is properly granted where the evidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not show facts sufficient to present a triable issue of fact. (Parker v. Twentieth Century -Fox Film Corp. (1970) 3 Cal .3d 176, 181 (Parker).) The motion is not to be granted where any triable issue of material fact exists. (Ibid.) The affidavits of the moving party are strictly construed, and doubts...

Excerpt: ...��) motion to join EXPRE SS's motion to compel arbitration. The court continued the matter to its present date and requested supplemental briefing on the following question: given that the court has denied the motion to compel arbitration with regard to Plaintiff's PAGA claims, d oes the arbitration agreement mandate dismissal of Plaintiff's class claims? The court has received supplemental briefing from Plaintiff and EXPRESS. The court disrega...

Excerpt: ..., Buckhorn is an indispensable party, and must be joined in this action either as a plaintiff or as a defendant (involuntary plaintiff) under CCP Section 382. (Bank of Orient v. Superior Court (1977) 67 Cal.App.3d 588, 595). The demurrer is overruled to the extent i t is based on the contention that the cause of action for breach of contract is uncertain and fails to state facts sufficient to constitute a cause of action. The complaint alleges th...

Excerpt: ... (the “Vehicl e) from Defendant that they allege is defective due to a leaking coolant system, among other things. Plaintiffs therefore also present causes of action against Defendant for violation of the Song -Beverly Consumer Warranty Act (the “Act”). Notice of Tentative Ruling. Defendant's notices of demurrer and motion do not advise the recipient that the Solano County Superior Court uses a tentative ruling system, as is required under ...

Excerpt: ...any law]; 815.2( b) and 820.2 [immunity for public employee's act or omission when the act or omission was the result of the discretion vested in a public employee]; 815.2(b) and 821 [immunity for public employee's failure to enforce an enactment]. Enforcement of statutes and regulations is typically left to the discretion of the agency authorized to enforce, per constitutional principles. Gananian v. Wagstaffe (2011) 199 Cal.App.4th 1532, 1543 [...

Excerpt: ... accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action. (Fox v. Endo -Surgery, Inc. (2005) 35 Cal.4th 797, 807.) Plaintiff alleges that he presented the vehicle for transmission -related issues to an authorized repair f acility on August 20, 2018, September 17, 2019, September 17, 2020, and February 17, 2023. (FAC, ¶¶ 26, 29 - 30, 35.) In each of these instances, the repair facility represent...

Excerpt: ...uence by groups such as MADD, California courts found such driving can subject the driver to possible punitive damages, depending upon the history of the driver and/or the recklessness of the driving. Taylor v. Superior Court (1979) 24 Cal.3d 890; Dawes v. Superior Court (1980) 111 Cal.App.3d 82. Plaintiffs' first amended complaint alleged that moving party PAUL WESSEL (“WESSEL”) was traveling at a rate of speed not only above the speed limi...

Excerpt: ...the presence of V CUSD employee JANE DOE. 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 or her case “with reasonable precision and with particularity suff...

Excerpt: ...n alleged against it cannot be established. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements of a cause of action for dangerous condition of public property are: 1) the property owned or controlled by the p ublic entity was in a dangerous condition at the time of the injury, 2) the injury was proximately caused by the condition, 3) the type of injury sustained was a reasonably fore...

Excerpt: ...n alleged against it cannot be established. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements of a cause of action for dangerous condition of public property are: 1) the property owned or controlled by the p ublic entity was in a dangerous condition at the time of the injury, 2) the injury was proximately caused by the condition, 3) the type of injury sustained was a reasonably fore...

Excerpt: ... the Private Attorney s General Act (the “PAGA”). Defendant MAIN ELECTRIC SUPPLY COMPANY LLC (“MAIN ELECTRIC”) simultaneously moves to join EXPRESS's motion to compel arbitration and thereby also compel arbitration of Plaintiff's claims against MAIN ELECTRIC. Joinder to Moti on to Compel Arbitration. The minute order after hearing from November 6, 2023 states that the Honorable R. Michael Smith ordered EXPRESS to file its motion to compe...

Excerpt: ... reques ts judicial notice of the following document: the Senate Rules Committee Office of Senate Floor Analyses Unfinished Business SB 579, dated September 1, 2015 (a portion of the legislative history of Labor Code section 230.8). Defendant requests judicial no tice of thirteen items from the record of this case. The court takes judicial notice of all proffered items as records of official acts of the Legislature, records of a court of this st...

Excerpt: ... Standard. Code of Civil Procedure section 1032 authorizes recovery of costs for a prevailing party. Plaintiff is a prevailing party entitled to recover costs per the court's order following trial. (Defendant's Request For Judicial Notice K.) Section 1033. 5 delineates the categories of recoverable costs under section 1032 and also expressly disallows some sorts of costs. If an item of costs is not expressly allowed or disallowed it may be allowe...

Excerpt: ...73 Cal. App.4th 1189, Ventura Unified School District v. Superior Court (2001) 92 Cal.App.4th 811). CCP Section 394 does not use the term “accident”, but uses the language, “for injury occurring within […] the county.” CCP Section 394. The complaint in the prese nt case does not allege that the accident, plaintiff's injuries or the death of her son occurred, even in part, in Merced County. In their motion, defendants note that the comp...

Excerpt: ...ealing by making a frivolous and bad faith indemnity claim based on “easily and inexpensively resolved issues” cited by California's Board of Vocational Nursing & Psychiatric Technicians. (FAC, ¶ 9.) The covenant of good faith and fair dealing is an implied contrac tual term that aims to effectuate the contractual intentions of the parties by requiring that neither party to the contract will do anything to injure the right of the other to re...

Excerpt: ...t Plaintiff, BART, and MALCOLM are siblings and together the sole shareholders of CTF, a corporation engaged in tree farming, and that due to BART and MALCOLM's acts as combined majority shareholders CTF's business has been abandoned, Plaintiff as minority shareholder has been s ubjected to persistent unfairness in that she has realized little or no profit from her ownership share, and that liquidation is reasonably necessary to protect the righ...

Excerpt: ...nce by groups su ch as MADD, California courts found such driving can subject the driver to possible punitive damages, depending upon the history of the driver and/or the recklessness of the driving. Taylor v. Superior Court (1979) 24 Cal.3d 890; Dawes v. Superior Court (1980) 111 Cal.App.3d 82. Plaintiffs' first amended complaint alleged that moving party LARRY BOWIE (“BOWIE”) “rapidly approached the rear of a [car] in the same lane in fr...

Excerpt: ...ment with Defendant on May 28, 2020 because she took up to forty hours' time off to address a childcare provider and/or school closure emergency caused by the COVID -19 pandemic. The jury returned a verdict on July 21, 2023 finding in Plaintiff's favor on both causes of action and awarding her net damages of $69,500. Defendant asserts several irregularities in the proceedings that prevented it from receiving a fair trial and which support granti...

Excerpt: ...ates fact s sufficient to constitute a cause or causes of action and the defendant's answer does not state facts sufficient to constitute a defense. (Code Civ. Proc., § 438, subd. (c)(1)(A).) The grounds for such a motion must appear on the face of the pleadings o r from judicially noticeable materials. (Code Civ. Proc., § 438, subd. (d).) The standard for granting a motion for judgment on the pleadings is essentially the same as that for susta...

Excerpt: ...6-17 as a matter of law negate Plaintiff's ability to prevail on the 2nd cause of action for common counts, as there is no debt or obligation to support this claim. UMFs 18- 21 as a matter of law negate Plaintiff's ability to prevail on the 3rd cause of action for breach of the 2021 alleged oral lease agreement, as no violation of Civil Code §1947.12 can be shown. UMFs 23- 35 as a matter of law negate Plaintiff's ability to prevail on the 4th ca...

Excerpt: ...on for leave to Þle an amended complaint but neither contains a declaration per California Rules of Court Rule 3.1324, subdivision (b) specifying the e
¯ect of the proposed amendment, why the amendment is necessary and proper, when the facts giving rise to the amendment were discovered, and why amendment was not sought earlier. Further, the apparent e
¯ect of the proposed amendment is merely to clarify exactly where on Defendant's premises Pla...

Excerpt: ...ercomes demurrer: It is not necessary that the cause o action be the one intended by plainti
¯. The test is whether the complaint states any valid claim entitling plainti
¯ to relie. Thus, plainti
¯ may be mistaken as to the nature o the case, or the legal theory on which plainti
¯ can prevail. But i the essential acts o some valid cause o action are alleged, the complaint is good against a general demurrer. [Quelimane Co., Inc. v. Ste...

Excerpt: ...ry judgment on the basis that the plainti
¯ cannot establish an element of his cause of action. (Code Civ. Proc., § 437c, subd. (o)(1).) A summary judgment motion is properly granted where the evidence in support of the moving party would be su
¯icient to sustain a judgment in his favor and his opponent does not show facts su
¯icient to present a triable issue of fact. (Parker v. Twentieth Century-Fox Film Corp. (1970) 3 Cal.3d 176, 181.) The...

Excerpt: ...�'s complaint is that the parties contracted for the sale to Plainti
¯ of robots for its food processing facility but the robots delivered do not function as warranted. Timeliness of Filings. The court exercises its discretion to consider the late-Þled demurrer. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 749.) Plainti
¯'s opposition to demurrer was timely. (Code Civ. Proc., §§ 1005, subds. (b)-(c), 1010.6, 1013, subd. (g).) Legal Standard o...

Excerpt: ... to depose Plainti
¯. Plainti
¯'s second amended veriÞed complaint alleges, essentially, that she is entitled by agreement with her brothers BART and MALCOLM to one- third ownership of family business CTF and she seeks dissolution of CTF because BART and MALCOLM have mismanaged the business to her detriment. Meet and Confer E
¯orts. The court Þrst considers the adequacy of the parties' e
¯orts to meet and confer to work these issues out bef...