Excerpt: ... Roberto Carlos T orres and Luis Gonzalez's request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The documents are irrelevant to the Court's determination of this motion. (Malek Media Group LLC, supra, 58 Cal.App.5th at p. 825.) Defendants' objections to plaint iffs' request for judicial notice are OVERRULED AS MOOT, as the Court is denying plaintiffs' request for judicial notice. Defendants' supplemental request for judicial notic...

Excerpt: ..., ru le 3.1320, subd. (a); Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193 [the trial court may construe a pleading labeled as one type of motion to be a different type of motion].) Defendant's request for judicial notice is GRANTED. (Evi d. Code, §§ 452, subd. (d), 453.) The Court notes that defendant has failed to file a declaration identifying the parties' attempt(s) to meet and before the filing of this demurrer, as r...

Excerpt: ...p. (2020) 58 Cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) The Court propo ses to take judicial notice of the dates of enactment of 33 U.S.C. sections 701c -1 (Hune 28, 1938), 703 (March 1, 1917) and 704 (May 15, 1928.) (Evid. Code, §§ 452, subd. (a), 455, subd. (a).)...

Excerpt: ...ourt to present to the Court informati on relevant to: (1) the propriety of taking judicial notice of the matter; and (2) the tenor of the matter to be noticed. (Evid. Code, § 455, subd. (a).) Defendant/cross -complainant Thomas Rutaganira's (“defendant”) request for judicial notice is GRANTE D. (Evid. Code, §§ 452, 453.) Defendant's motion for terminating sanctions, or in the alternative, issue sanctions is GRANTED. (Code Civ. Proc., §§...

Excerpt: ... in a reply brief. (:igh Sierra Rural Alliance v. County of Plumas (2018) 29 Cal.App.5th 102, 112 fn. 2.) The rule is that points raised in the reply brief for the first time will not be considered, unless good reason is shown for failure to present th em before. (=bid.) Mendoza v. Trans Valley Transport (2022) 75 Cal.App.5th 748, 770 [an issue not adequately raised in moving papers is forfeited]. Defendants' demurrer to plaintiff Erika Krebs' fi...

Excerpt: ...on CalST RS' motion to compel plaintiff's further responses to requests for production of documents, set one, as follows: • CalSTRS' motion as to request nos. nos. 1, 2, 4, 5, 7, 10, 11, 13 – 17, 19 – 30, 33, 38, 39, 57, 70 – 74 and 77 -80 is GRANTED. (Code Civ. Pro c., § 2031.310, subd. (a)(3).) The Court finds that the requested information is reasonably calculated to lead to the discovery of admissible evidence and plaintiff's object...

Excerpt: ...t Company, LLC's demurrer: Petrovich Development Company, LLC's (“Petrovich”) request for judicial notice as to Exhibit A is GRANTED. (Evid. Code, §§ 452, subd. (d), 453.) Petrovich's request as to the remaining items are DENIED as they are not relevant to the C ourt's determination of this demurrer. (Evid. Code, §§ 452, 453; People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th ...

Excerpt: ...Court, rule 3.1354.) The Court finds that: (1) Madeline E. Miller does not have personal knowledge of the contents of Exhibits C, F, I – K, M and O – S, attached to her declaration; (2) Timothy G. Yeung does not have personal knowledge of the contents of Exhibi t A, attached to his declaration; (3) Israel Herrera does not have personal knowledge of the contents of Exhibit A, attached to his declaration; and (4) these documents contain one or...

Excerpt: ... counts (Whaley Note). In their moving papers, plaintiffs state: “Concurrent with this Motion, Plaintiffs are filing a Request for Dismissal without Prejudice as to their Third and Fourth Causes of Action for Common Counts.” (Memo. Pts. & Auths., p. 1.) However, the Court's file contains no request for dismissal as to the third and fourth causes of action, and plaintiffs do not address these causes of action in their motion. (Code Civ. Proc...

Excerpt: ... in his declaration. (Ibid.; Mink v. Superior Court (1992) 2 Cal.App.4th 1338, 1342 , citation omitted [“[T]he party seeking reconsideration must provide not only new evidence but also a satisfactory explanation for the failure to produce that evidence at an e arlier time.”]; In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468 [“…facts of which the party seeking reconsideration was aware at the time of the original ruling are not “...

Excerpt: ... Webb's moti on to compel further responses to special interrogatories, set one, as to nos. 21, 56, 63, and 65 -67 is DENIED AS MOOT. (Code Civ. Proc., § 2030.300.) On July 12, 2024, defendant served amended responses to these requests. (Cravens decl., ¶ 25, Exhibit X.) Plaintiff's motion to compel further responses to special interrogatories, set one, as to nos. 23, 24, and 26 is DENIED. (Code Civ. Proc., § 2030.300.) Plaintiff has failed to ...

Excerpt: ... 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) The Court rules on defendants' demurrer to plaintiff Gloria Garcia's verified first amended complaint (“FAC”), as follow s: • Defendants' demurrer on the ground of lack of capacity to sue is OVERRULED. (Code Civ. Proc., § 430.10, subds. (b).) The Court finds that the allegations defendants rely on in t...

Excerpt: ...ral form interrogatories and employment form interrogatories as follows: CalSTRS' motion as to interrogatory numbers 2.12, 6.6, 10.1, 12.6, 204.2, 207.2, 208.2 and 210.6 is GRANTED. (Code Civ. Proc., § 2030.300.) The Court finds that plaintiff has failed to justi fy his failure to provide full and complete responses to these interrogatories and/or to justify his objections to said interrogatories. (Code Civ. Proc., §§ 2030.210, 2030.220, 2030...

Excerpt: ...2024 , at 3:00 p.m. at 2150 Appian Way, Suite 100, Pinole, California. (Bangle decl., ¶ 8.) Defendant will reimburse plaintiff for all reasonable expenses and costs associated with traveling to and from the medical examination. (Id., ¶ 9.) The nature, scope , conditions, and manner of examination are as follows: • The examining physician will ask, and plaintiff shall answer, questions relating to the nature and extent of the injuries alleged ...

Excerpt: ...rs, Inc. (2017) 17 Cal.App.5th 806, 820, fn. 5.) The Court shall afford each party reasonable opportunity before the cause is submitted for decision by the Court to present to the Court information relevant to: (1) the propriety of taking judicial notice of the matter; and (2) the tenor of the matter to be noticed. (Evid. Code, § 455, subd. (a).) Motion to strike amendment to complaint: Defendants Ronald Y. Chaung, Linda F. Chaung and Ted K. Cha...

Excerpt: ...person most qualified (“PMQ”) regarding staffing and acuity levels is GRANTED as to RPD nos. 1 – 12, 20 – 23, and 25 – 31. (Code Civ. Proc., §§ 2025.450, 2025.480.) The Court finds plaintiffs have shown good cause justifying the production of the documents des cribed in the amended notice of deposition for the time period of one year before Gerald Gibbon's (“Mr. Gibbons”) residence at Courtyard to six months after Mr. Gibbons' r...

Excerpt: ... to consti tute a cause of action for fraud given that plaintiff alleges that there are “various misrepresentations of fact or false promises” made by defendant but only identifies one alleged misrepresentation made by Alex Duncan. (Philipson & Simon v. Gulsvig (2007 ) 154 Cal.App.4th 347, 362 [“Fraud is required to be pleaded with specificity.”]; Lazar v. Superior Court (1996) 12 Cal.4th 631, 638; see Committee on Children's Television...

Excerpt: ...s on defen dants' demurrer, as follows: Defendants' demurrer to the first cause of action for battery is OVERRULED. (Code Civ. Proc., § 430.10, subds. (e).) The Court finds that plaintiff Terry Chaffin has stated facts sufficient to constitute this cause of action. (So v. Shin (2013) 212 Cal.App.4th 652, 669; Ashcraft v. King (1991) 228 Cal.App.3d 604, 613 [in an action for civil battery the element of intent is satisfied if the evidence show...

Excerpt: ...ssue of the Court's failure to rule on it has been waived. Nonetheless, the Court finds that at the time plaintiff filed said request for judicial notice, plaintiff did not provide the adverse party with sufficient notice of the request and DENIES the req uest on this ground. (Evid. Code, § 453, subd. (a); see Smith v. Hatch (1969) 271 Cal.App.2d 39, 49.) The Court declines to rule on plaintiff's evidentiary objections as they were not timely ...

Excerpt: ...meowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [stating that “a trial court has broad discretion to accept or reject late -filed papers”].) Defendants Dominic Mario Greco and Pineapple Xpress Corporation dba Bold Real Estate's ( collectively, “Broker Defendants”) motion to compel arbitration and for an order staying the proceedings is GRANTED. (Code Civ. Proc., §§ 1281, 1281.2.) In determining whether to grant a motion to c...

Excerpt: ...ound that the original complaint was not brought by a guardian ad litem on behalf of Jill Doe is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The FAC, which supersedes the original complaint filed on October 4, 2023, was brought by Jill Doe's guardian ad litem on Jill Doe's behalf. (See Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054; FAC, p. 1; see Order re guardian ad litem entered Oct. 5, ...

Excerpt: ... (Se e Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [stating that “a trial court has broad discretion to accept or reject late -filed papers.”].) The Court declines to rule on defendants' evidentiary objections to Mr. Krause's declaration and the request for judicial notice because the Court is not considering these documents. Defendants' special motion to strike is GRANTED. (Code Civ. Proc., § 425...

Excerpt: ...akes judicial notice of Exhibits 1 -9 and 12- 20, the Court declines to take judicial notice of the remaining exhibits because these documents are irrelevant to the Court's determination of the motion. (Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825 [“Any matter to be judicially noticed must be relevant to a material issue.”]; Evid. Code, § 452, subd. (d).) Defendant/cross -complainant Thomas Rutaganira's (“defendant”...

Excerpt: ...Gov. Code, § 11513, subds. (c), (d); Evid. Code, §§ 1220, 1280; Gananian v. Zolin (1995) 33 Cal.App.4th 634, 639 [the object of the hearsay rule exception pursuant to section 1280 is to eliminate the calling of each witness involved in the preparation of the re cord and substitute the record of the transaction instead]; see Lake, supra, 6 Cal.4th at pp. 455 – 456, 461 – 462; see also McDonald v. Gutierrez (2004) 32 Cal.4th 150, 155, 158 �...

Excerpt: ...) 220 Cal.App.4th 534, 541; Westra v. Marcus & Millichap Real Estate Investment Brokerage Co., Inc. (2005) 129 Cal.App.4th 759, 763 [“[g]enerally speaking, one must be a party to an arbitration agreement to be bound by it or invoke it”].) Defendant is not a party to either the retail installment sale contract (“Sales Contract”) or the arbitration provision contained within the Sales Contract that was entered into between plaintiff Jared Y...