Excerpt: ...ned by the trial court.” (Getz v. Superior Court (2021) 287 Cal.Rptr.3d 722, 740.) Pending is petitioner's motion for attorney fees and costs. (See Gov. Code § 6259(d).) 1. Preliminary Matters Petitioner's request for judicial notice of Exhibits 1, 3, and 4 is granted. (Evid. Code § 452(d)(1), (h).) Petitioner's objection numbers 1–6 to the Declaration of Lynn Garcia, counsel for respondent, are overruled. 2. Attorney Fees Under the CPRA, �...

Excerpt: ...n opposition, defendant filed a statement re: plaintiff's motion to compel. There was no reply in the court's file when this ruling was prepared. “(a) The party to whom an inspection demand has been directed shall respond separately to each item or category of item by any of the following: ¶ (1) A statement that the party will comply with the particular demand for inspection and any related activities. ¶ (2) A representation that the party la...

Excerpt: ... Kirkpatrick was acting in the course and scope of employment and not merely commuting to work at the time of the subject accident as defendant Lytx, Inc. knowingly recruited him from Reno, mandated he work from San Diego, he was being compensated by defendant Lytx, Inc. to relocate, and was travelling from his former residence in Reno, Nevada to relocate to his place of employment in San Diego, California at the time of the subject accident. On ...

Excerpt: ...voke the prior order.” (Code of Civil Procedure § 1008(a).)1 Pending is petitioner's timely motion for reconsideration of the court's October 29, 2021, Ruling (served Nov. 1, 2021). Included with the motion is a declaration from Patrick Ellis, an expert in Digital Forensic Consultant. There are new facts stated in the declaration. Therefore, the court will consider the motion for reconsideration. The court allowed the prior petitioner's and re...

Excerpt: ...e notice by that date. Defendants demur to the complaint on the sole ground that the 60 day notice was void, because the notice merely states that the property will be removed from the market for at least 12 months and does not state it had actually been removed from the market at the time the 60 day notice was served. Defendants argue: that just cause for termination under of Civil Code, § 1179.05(3)(a) requires actual removal and not just mere...

Excerpt: ...ring this action to trial to October 4, 2021. On August 19, 2021 the El Dorado County Superior Court issued the 6th Administrative Order Granting Emergency Relief due to COVID‐19 and the State of Emergency due to the Caldor Fire, which suspended civil jury trials during the period of August 20, 2021 and September 17, 2021, with trials to be set on or after September 21 2021. On September 14, 2021 the El Dorado County Superior Court issued the 7...

Excerpt: ... cause of action, because defendant Overholtzer was not a tenant in possession, he did not rent, control, maintain, or own any of the equipment on the premises, and did not employ plaintiff; and the premises liability cause of action can not be proven against him, because he was not a tenant in possession of the property, he did not rent, control, maintain, or own any of the equipment on the premises, the willful failure to warn theory under Civi...

Excerpt: ...ing is the City's demurrer to the FAC. 1. STANDARD OF REVIEW A demurrer is directed at the face of the complaint and to matters subject to judicial notice. (Code of Civ. Proc. § 430.30(a).) “It is not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which he describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading.” (Comm'n on Children's Television...

Excerpt: ...in the amount of $7,260. The proof of service declares that notice of the hearing and the moving papers were served on petitioner Kumar's counsel by mail on January 3, 2022. At the time this tentative ruling was prepared there was no opposition in the court's file Recovery of Fees in Civil Harassment Action “The prevailing party in any action brought under this section may be awarded court costs and attorney's fees, if any.” (Code of Civil Pr...

Excerpt: ...class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court intends to certify the class for the purpose of final approval of the settlement. 2. SETTLEMENT 2.1 Legal Principles “When, as here, a class settlement is negotiated prior to formal clas...

Excerpt: ...15 acknowledgement of receipt of the summons and complaint. The acknowledgement of receipt was filed on September 24, 2020. Default was entered against both defendants on November 24, 2020. Defendants' motion for relief from default as filed on January 12, 2022. Defendants move to set aside the default as the parties stipulated to in the written joint stipulation, dated March 23, 2021. Defendants argue: due to mistake, inadvertence, and excusable...

Excerpt: ...is bound by a written agreement to arbitrate. 1. LEGAL PRINCIPLES The California Arbitration Act (“CAA”), Code of Civil Procedure §§ 1280, et seq., sets forth “a comprehensive scheme regulating private arbitration in this state.” (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9.) California has a “ 'strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution.' [Citations.]” (Ibid....

Excerpt: ... documents without objections. The motion does not request the court to deem admitted requests for admission. Plaintiff requests an award of monetary sanctions in the amount of $690. The proof of service in the court's file declares that on January 12, 2022 notice of the hearing and copies of the moving papers were served by mail to defense counsel. Defendant opposes the motion on the following grounds: defendant's verified responses to the subje...

Excerpt: ... closing or locking the Parties' common gate to Highway 49 at any time that the Cross‐Complainants Fieseler are at home.” The Tates appealed from the judgment. On January 24, 2012 the Third District Court of Appeal issued its decision on appeal affirming the judgment in full. On March 7, 2012 plaintiffs filed a petition for writ of review with the California Supreme Court. On April 11, 2012 the California Supreme Court denied the petition for...

Excerpt: ...over tenants of unit L; if defendants failed to make any of the specified payments, the plaintiff may file without notice an ex parte declaration in support of a request for a writ of possession and cancellation of the agreement and seek entry of judgment in the amount of $2,165.51, less payments made; upon payment of $2,156.51, provided no monthly rent payment is outstanding, the plaintiff will dismiss the lawsuit; and the court retained jurisdi...

Excerpt: ...r, account for about 81% of deaths due to COVID for the U.S. population. Plaintiff opposes defendant's request because defendant resides less than 75 miles from the deposition location and plaintiff does not oppose defendant wearing a mask. Neither party cited any law in the motion or the opposition. Defendant provided case law in the reply; however, this raises due process concerns because plaintiff is prevented from responding in writing to def...

Excerpt: ... well as injunctive relief and an award of attorney fees and costs. Defendants Inman and Danette's Brick Oven Pub were voluntarily dismissed from the action with prejudice upon plaintiff's request on December 23, 2021. Proofs of service filed on November 23, 2021 declare that the registered process server served defendants Jennette Waldow and Jennette Waldow d.b.a. Apple Bistro the summons and complaint and other litigation documents on November ...

Excerpt: ...uest. On November 4, 2021 defendant filed her points and authorities in support of the request; on November 24, 2021 petitioners/plaintiffs filed a response/opposition; on November 30, 2021 defendant filed her reply. At the hearing on December 3, 2021 defense counsel would not stipulate to a Commissioner hearing the matter and stated she wanted Judge Sullivan to hear the matter as she is familiar with the pleadings. The hearing was continued to J...

Excerpt: ...ivil Procedure § 437c(h). That subsection provides: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application t...

Excerpt: ...on. On November 4, 2021 the court entered its order adopting the tentative ruling as the ruing of the court overruling the demurrers to the 1st amended complaint and denying the motion to strike. On November 4, 2021 the clerk served the November 4, 2021 minute order by mail to plaintiff's counsel and defense counsel. Defendants move for reconsideration of the court's order denying defendants' motion to strike and overruling their demurrers to the...

Excerpt: ...e pleadings on the grounds that the complaint states a cause of action against defendant to collect the alleged debt, that defendant's answer does not raise a material issue of fact, and that it does not state a defense to the complaint. The proof of service in the court's file declares that on January 6, 2022 defendant was served the moving papers and notice of this hearing by mail to defendant's address of record. A memorandum of costs seeking ...

Excerpt: ...istrict (Recreation District) filed a 1st Amended Complaint asserting causes of action for quiet title, declaratory relief, trespass to land, trespass to chattel, and nuisance. On September 3, 2021 the court denied defendants' motion to expunge lis pendens On September 30, 2021 defendants filed a demurrer to the 1st amended complaint. The 1st amended demurrer to the 1st amended complaint was filed by defendants Byrd, Rodarte, Wilson's, and Saunde...

Excerpt: ...titioner filed a response to the real party in interest's answer and opposition. On December 13, 2021 respondent California Unemployment Insurance Appeals Board filed an answer to the petition. “(a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discret...

Excerpt: ... agents is not required.”; and “The problem with the allegations of the 2nd amended complaint related to the claim for punitive damages is that plaintiff has not cited allegations that an officer, director, or managing agent of the defendant corporations personally engaged in, authorized, and/or ratified the alleged misconduct.” The court granted ten days leave to amend as “…there is a reasonable possibility the plaintiff can sufficient...

Excerpt: ...thew Cossoul, and Matthew Cossoul, individually, commenced this action in October 2018. In 2019, Matthew and Nolann dismissed their claims to the complaint, with prejudice. As such, the only remaining cause of action is plaintiff's 1st C/A for negligence/premises liability/failure to warn. Pending is defendant Kirkwood Community Association's (“KCA”) Motion for Summary Judgment or Adjudication, made on the following grounds: (1) primary assum...