Excerpt: ... see Dumas v. Los Angeles County Bd. of Supervisors (2020) 45 Cal.App.5th 348, 355; see generally Bowley Decl. ISO demurrer).) Despite this insufficiency, the Court will reach the merits of the demurrer. The Court rules on defendants' demurrer as follows: Defendants' demurrer to the first cause of action for battery is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that plaintiff Sheryl Cornelius has stated facts sufficient t...

Excerpt: ...6 Cal.App.3d 1107, 1113; Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 57; Nelson v. Anderson (1999) 72 Cal.App.4th 111, 132.) • Item 12 – court reporter fees: The Court finds that the $250.00 fee for a court reporter on March 17, 2016, was not in this case but in case CV -2012 - 1928. (See Estate of Bauer (1943) 59 Cal.App.2d 161, 163 [“Costs are allowable only in the action in which the costs are incurred.”].) Thus, the Court tax...

Excerpt: ...hamrock 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].) In its discretion, the Court considers defendant State of California's untimely demurrer. (Code Civ. Proc., § 430.40; see Jackson v. Doe (2011) 192 Cal. App. 4th 742, 750, citing McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 280 - 282 [the trial court's co...

Excerpt: ...chneider & Hosmer. (Notice of Change of Firm Name and Handling Attorney [filed 4/29/24].) Cross -defendants are representing themselves. (Response in Opposition, p. 1.) All documents filed in civil law cases must be filed and served electronically on parties represented by counsel. (Code Civ. Proc., § 1010.6, subd. (b)(1); Cal. Rules of Court, rule 2.250 et seq; YCR 7.1, 7.2.) Self -represented parties must be served conventionally, unless expre...

Excerpt: ...due on or before May 22, 2024. (Tapper Decl., ¶¶ 2, 3, Exhibit A.) This Court grants sanctions in the amount of $490.00. (Code Civ. Proc., §§ 2023.010, subd. (d), 2033.280, subd. (c); Tapper Decl., ¶ 4.) The Court declines to award sanctions for time not yet incurred. Defendant is directed to pay sanctions by February 28, 2025. The notice of motion does not provide notice of this Court's tentative ruling system as required by Local Rule 11.2...

Excerpt: ...ubd. (a); Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 752 [“the court may take judicial notice on its own volition.”) 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).) Plaintif...

Excerpt: ...ght discovery. (Code Civ. Proc., §§ 2017.010, 2031.310, subd. (b)(1); Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216, 224, disapproved on other grounds by Williams v. Superior Court (2017) 3 Cal.5th 531; Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98; Calcor Space Facility v. Superior Court (1997) 53 Cal.App.4th 216, 223 -224; Glenfed Develop. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117.) The Court fur...

Excerpt: ...fraud is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e); Aubry v. Tri -City Hospital Dist. (1992) 2 Cal.4th 962, 967.) The Court finds that plaintiffs Jae Phoenix and Oakley Phoenix fail to state facts sufficient to constitute this cause of action. (See Philipson & Simon v. Gulsvig (2007) 154 Cal.App.4th 347, 362; Lazar v. Superior Court (1996) 12 Cal.4th 631, 638, 645 [the elements of fraud are: (a) a misrepresentation; (b...

Excerpt: ...ch element of its breach of contract cause of action against defendants 1020 West Capitol Hotel, LLC, Guneet Bajwa, and Sushil Patel (collectively, “defendants”.) (Code Civ. Proc., § 437c, subd. (p)(1); Evid. Code, § 500; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468 [if a defendant fails to meet their burden, their motion must be denied].) The elements necessa...

Excerpt: ...tion to obtain a ttorney's fees. (Code Civ. Proc., §§ 1033.5, subd. (c)(5), 1005, subd. (b); Civ. Code, § 1717.) Further, to the extent that plaintiff challenges defendant's costs, this Court treats the opposition as a motion to tax costs. (See Alan S. v. Superior Court (2009) 172 Cal.App.4th 238, 260 [“We thus conclude that Mary's memorandum of July 31, 2008, quacked enough like a duck to be classified as a motion to strike or tax costs...

Excerpt: ... judicially notic eable. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Rutter's Practice Guide: Civil Procedure Before Trial (“Pract...

Excerpt: ...rah Noel Hazelwood (collectively, “plaintiffs”) motion for reconsideration as follows: Motion to set aside default judgment Plaintiffs' request for judicial notice of Exhibits 1 -6 are DENIED. (Evid. Code, §§ 452, 453.) The documents are not relevant to the Court's determination of this motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825; People ex rel. Lockyer ...

Excerpt: ...section 685.070, subdivision (c), which is GRANTED IN PART. (Code Civ. Proc., § 685.070, subd. (c); see Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193.) The Court finds that plaintiff Parmac 116, LLC, is not entitled to attorney's fees ($26,600.00) because attorney's fees were not awarded as part of the underlying judgment. (Code Civ. Proc., § 685.040; see King County Superior Court Judgment attached to the App. For Entr...

Excerpt: ... v. Applied Underwriters, 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).) Plaintiff Espinoza Bail Bonds' renewed motion for leave to file second amended...

Excerpt: ...lar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843, 850; Genisman v. Carley (2018) 29 Cal.App.5th 45, 49; Zavala v. Arce (1997) 58 Cal.App.4th 915, 925 –926, 946; Lake Almanor Assocs. L.P. v. Huffman -Broadway Group, Inc. (2009) 178 Cal.App.4th 1194, 1205; Ky. Fried Chicken of Cal. v. Super. Ct. (1997) Cal.4th 814, 819; Gray v. America West Airlines, Inc. (1989) 209 Cal.App.3d 76, 81; San Diego Gas & Electric Co. v. Davey Tree Surgery Co....

Excerpt: ...453.) However, “[w]hil e the courts take judicial notice of public records, they do not take notice of the truth of matters stated therein.” (People v. Long (1970) 7 Cal.App.3d 586, 591 citing Love v. Wolf (1964) 226 Cal.App.2d 378, 403; see Horne v. District Council 16 Internat. Union of Painters & Allied Trades (2015) 234 Cal.App.4th 524, 535, citing Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375.) The Court r...

Excerpt: ...identified cos ts totaling $876.16. (Cal. Rule of Court, rule 3.1700(b).) The Court finds that plaintiff Marium Abid has failed to show that the claimed costs were reasonable and necessary. (See Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 624 [if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs]; see also Oak Grove School Dist. v. City Title Ins. Co. (1963) 217 Cal.App.2d 678...

Excerpt: ...ever, due to plaintiff Matthew Rae's failure to respond to those attempts, CalSTRS was unable to do so. (Code Civ. Proc., § 2016.040; Marshall Decl., ¶¶ 14 – 18, Exhibits G – J.) CalSTRS' motion to compel plaintiff's appearance at deposition is GRANTED. (Code. Civ. Proc., §§ 2019.020, 2025.450; Marshall Decl., ¶¶ 4 - 9, Exhibits A, B.) Parties are DIRECTED TO APPEAR and be prepared to select a date on or before January 17, 2025, to con...

Excerpt: ...; Proof of Personal Service, Exhibit A [filed 11/19/24].) All documents filed in civil law cases must be filed and served electronically. (Code Civ. Proc., § 1010.6, subd. (b)(1); Cal. Rules of Court, rule 2.250 et seq; YCR 7.1, 7.2.) The period of notice is extended by two court days for all moving and supporting papers filed electronically and therefore plaintiffs' motion was untimely served on KAG. (Code Civ. Proc., §§ 1005, subd. (b), 1010...

Excerpt: ...cial notice is GRANTED. (Evid. Code, § 452, 453.) While the Court takes judicial notice of the existence of these documents, the Court does not take judicial notice of the truth of facts asserted in the documents. (Bach v. McNelis (1989) 207 Cal.App.3d 852, 864 –865; Exhibits 1 - 2.) Plaintiff's evidentiary objections in opposition are OVERRULED. (See Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808; Bach, supra, 207 Cal.App.3d at pp. 864 –8...

Excerpt: ...nt to the Court's determination of this motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6 [Rowland]; see Malek Media Group LLC v. AXQG Corp. (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].) Defendants' demurrer to first amended complaint is SUSTAINED WI...

Excerpt: ...ntiff's FAC alleges that Lamothe's role extended beyond a “typical real estate transaction” and instead was he was acting as a de facto general contractor. (FAC, p. 4.) Based on these allegations, defendants have not shown that the FAC fails to state facts sufficient to constitute this cause of action. (Ibid.) Defendants' demurrer to the second (breach of fiduciary duty) and third (violation of Business and Professions Code section 7026) caus...

Excerpt: ...its of the motion. The Court rules upon defendant's unopposed demurrer to plaintiff Miguel Mejia's first amended complaint as follows: • Defendant's demurrer to the first cause of action for negligent infliction of emotional distress is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e); Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 636 [“[t]he burden of proving such reasonable possibility is squarely on the plaintiff�...

Excerpt: ...t to deciding this motion . (Code Civ. Proc., § 437c, subd. (q).) The Court declines to rule on Alpine's objections to evidence as the evidence objected to is not relevant to deciding this motion. (Code Civ. Proc., § 437c, subd. (q).) The Court notes that it can only grant summary adjudication “if it completely disposes of a cause of action, affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c, subd. (f)...

Excerpt: ...nterest in the disclosure of the information that outweighs plaintiff's right to privacy. (Code Civ. Proc. § 2017.010; Evid. Code, § 210; e.g., Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 525; Vinson v. Superior Court (1987) 43 Cal.3d 833, 842 – 843 [“…courts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery.”]; Colonial Life & Acc. Ins. ...