Excerpt: ...egarding failure to exh aust administrative remedies may be considered on demurrer].) Defendants' request for judicial notice [filed on February 26, 2024]. as to document 5 (Exhibit E), is DENIED. (Evid. Code, §§ 452, 453.) The proffered document is not relevant to the Court's d etermination of the demurrer or motion to strike. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 81...

Excerpt: ... v. Lawndale Elementary School Dist. (2021) 72 Cal.App.5th 113, 131 - 132, 137 -138; FAC, ¶¶ 35- 39.) WCS' demurrer as to the seventh (intentional misrepresentation), eighth (concealment), ninth (promise without intention of performing), and tenth (negligent misrepresentation) causes of action are OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) WCS has not shown that the FAC fails to state facts sufficient to constitute these causes of acti...

Excerpt: ...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 rules on defendant's demurrer to plaintiff Steven Bennett's first amended complaint (“FAC ” ) as follows: The demurrer to plaintiff's fourth cause of action [fraud] is OVERRULED. (Code Civ. Proc., 431.10, subd. (e).) The Court fi nds that plaintiff has pled facts suff icient to state ...

Excerpt: ...DENIED . (Code Civ. Proc., § 1094.5; see Lake v. Reed (1997) 6 Cal.4th 448, 456 – 457.) The Court finds as follows: 1. Respondent California Department of Motor Vehicles did not abuse its discretion in admitting Exhibits 1 and 2 at the hearing. (Veh. Code, § 135 57, subd. (a); 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 ...

Excerpt: ...§ 452, 453.) The proffered documents are not relevant to the Court's determination of this motion. (Rowland, supra, 4 Cal.4th at p. 268, fn. 6; see Malek, supra, 58 Cal.App.5th at p. 825; Lockyer, supra, 24 Cal.4th at p. 422.) The Court rules upon cross -defendants Ronal d and Linda Chuang's (“the Chuangs”) request for judicial notice as follows: • The Court GRANTS the Chaungs' request as to document 1. (Code. Civ. Proc., § 425.16, subd. ...

Excerpt: ... Omidv ar (collectively, “cross -defendants”) filed an untimely reply. (Code Civ. Proc., § 1005, subd. (b) [all reply papers must be filed with the court and a copy served on each party at least five court days before the hearing].) Despite being untimely, the C ourt will consider cross-complainants' opposition and cross -defendants' reply. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (20...

Excerpt: ... P roc., § 437c, subd. (q).) The Court rules on defendants' motion for summary judgment and summary adjudication as follows: The motion for summary judgment on the ground that plaintiff was not a licensed contractor is DENIED. (Code Civ. Proc., § 437c, subd . (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The Court finds that defendants have failed to meet their initial burden of showing that plaintiff was required to ...

Excerpt: ...e SAC on th e ground that it fails to state any cause of action against individual defendants Trevor Tauzer, Claire Tauzer, and Mark Tauzer. (Code Civ. Proc., § 430.10; see Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that plaintiffs have failed to all ege facts sufficient to maintain any cause of action against these individual defendants. (Lab. Code, § 558.1; Usher v. White (2021) 64 Cal.App.5th 883, 896 - 897; see Noe v. Supe...

Excerpt: ...quired. (Code Civ. Proc., § 430.41, subd. (a)(3); Broghammer Decl., McNeil Decl., McNeill Decl.) Still, the Court will reach the merits of these parties' demurrers. (Code Civ. Proc., § 430.41, subd. (a)(4).) The Court rules upon the requests for judicial notice as follo ws: • The Court GRANTS Mogavero's request for judicial notice (Evid. Code, §§ 452, subds. (c), (d), 453.) • The Court GRANTS defendant Villara Corporation's (“Villara”...

Excerpt: ......

Excerpt: ... of Jonathan Ruff, Richard Throp, and Ellisha Thorp agree that a protective order is proper to safeguard defendants' confidential information. (Plaintiffs' conditional nonopposition, p. 2.) However, plaintiffs request revisions to defendants' propos ed protective order. (See Kronenberg decl., ¶ 7, Exhibit 5.) The Court orders the following revisions to defendants' proposed protective order: 1. Addition of a sharing provision that mimics the sha...

Excerpt: ...., § 877.6.) The Court finds that Thermacor Process, Inc. (“Thermacor”) has failed to demonstrate that this settlement is so far “out of the ballpark” in relation to the Tech - Bilt factors “as to be inconsistent with the equitable objectives of the statute.” (Tech -Bilt, Inc. v. Woodward -Clyde & Associates (1985) 38 Cal.3d 488, 499- 500 [“Tech-Bilt”]; C ode Civ. Proc., § 877.6, subd. (d) [“The party asserting the lack of go...

Excerpt: ...Lauryn Stockert, is an indispensable party to this case, and why DWS is precluded from joining her in this case as a defendant. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [stating that a demurrer's limited purpose is “to test the legal sufficiency of a complaint”].) Defendant further fails to establish that this cause of action, as presently plead, fails as a matter of law. (Ibid.; Complaint ¶¶ 8, 13 -16.) Defendant's d...

Excerpt: ...ion].) Defendant County of Yolo's request for judicial notice is GRANTED. (Evid. Code, §§ 452, subd. (b), (h), 453.) The Court rules on defendant's demurrer to plaintiffs Michele Flores and Ryan Campbell's petition for writ of mandate and complaint (“Pet. & Compl.'), as follows: Defendant's demurrer to the first cause of action [writ of mandate] is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e); Aubry v. Tri -City Hosp...

Excerpt: ...es t for judicial notice as to all other documents is DENIED. (Evid. Code, §§ 452, 453.) The proffered 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 v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or ...

Excerpt: ...k 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 rules on defendant's unopposed demurrer to plai ntiff Ryan Stanfield's first amended complaint as follows: The demurrer to plaintiff's fourth cause of action [fraud] is OVERRULED. (Code Civ. Proc., 431.10, subd. (e).) The Court finds that plaintiff has pled facts su...

Excerpt: ....) Plaintiff Michael Bisch's motion to set aside orders by a disqualified judge as void and remedy the disqualified judge's failure to disclose conflict is DENIED. Plaintiff seeks to set aside all orders rendered by Judge Rosenberg. Plaintiff's motion specifically seeks to set aside an order issued on October 17, 2023, denying plaintiff's motion to resolve discovery dispute (“discovery dispute order”). However, Judge Fall presided over th...

Excerpt: ... 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).) Cross -defendant's first amended request for j udicial notice is GRANTED IN PART. (Evid. Code, §§ 452, 453.) The Court takes judicial notice of Exhibits 1 -5 and 7 -8. (Evid. Code, § 452, subd. (d).) However, the Court declines to take j...

Excerpt: ...300(c) [“Proof of service of the moving paper must be filed no later than five court days before the time appointed for the hearing”].) The Court also notes that petitioner has failed to show a reasonable and good faith attempt at informal resolu tion of each issue presented prior to the filing of this motion. (Code Civ. Proc., §§ 2016.040, 2025.280, subd. (b); Green Decl., ¶ 12, Exhibit 10.) Oppenheim's request for judicial notice is D...

Excerpt: ...the docume nts. (Evid. Code, §§ 452, 453.) The proffered documents are not relevant 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 [M alek]; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [Lockyer] [a precondition to the taking of judicial notice in either its mandatory or permissive form m...

Excerpt: ...(a), 395, subd. (a), 396b, subd. (a).) “Where an action is brought against both corporate and individual defendants, venue is proper for the action as a whole if it is correct as to any defendant.” (Buran Equip. Co. v. Superior Court (1987) 190 Ca l.App.3d 1662, 1666 [emphasis added].) “[T]ort claims against a corporation [may] . . . be tried in any county in which the ‘liability arises' as well as in the county where the corporation's pr...

Excerpt: ... (1992 ) 2 Cal.4th 962, 967.) The Court finds that the FAC fails to state facts sufficient to constitute this cause of action because plaintiff failed to file the requisite affidavit. (Civ. Code, § 1780, subd. (d).) The demurrer to the sixth cause of action (ne gligence) is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e); see Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that as the basis for the sixth c...

Excerpt: ...that plaintiffs have failed to state facts sufficient to constitute a cause of action for all plaintiffs. (Lab. Code, § 226, subds. (f), (h); Johnson v. Clark (1936) 7 Cal.2d 529, 536 [a complaint is invulnerable to general demurrer if on any theory it states a cause of action]; see Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) • Defendant's demurrer to the second cause of action for a violation of Labor Code s...

Excerpt: ...; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825 [Malek]; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [Lockyer] [a precondition to the taking o judicial notice in either its mandatory or permissive orm must be relevant to a material issue].) Deendant South Tahoe Public Utility District's request or judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The pro
¯ered documents are not relev...

Excerpt: ...nt to constitute this cause of action. Plainti
¯ alleges that her termination was substantially motivated by complaints about a rumor, which was not based upon her gender, and no amendment can cure this deÞciency of the complaint. (Gov. Code, § 12940, subd. (a); Caldwell v. Paramount UniÞed School Dist. (1995) 41 Cal.App.4th 189, 202, fn.7; Guz v. Bechtel Nat., Inc. (2000) 24 Cal.4th 317, 354, fn. 21; Blank v. Kirwan (1985) 39 Cal.3d 311, 318...

Excerpt: ...., Zinn decl. [Þled January 12, 2024], ¶¶ 30-48; Tsivyan decl. [Þled January 26, 2024], ¶¶ 2-4.) If no hearing is requested, this tentative ruling is e
¯ective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required. Defendant's motions to compel further responses to discovery Plainti
¯'s request for judicial notice in opposition to defendant's motions to compel further discovery respo...

Excerpt: ...to compel defendant City of Davis (“defendant”) to further respond to request for production of documents, set one, is GRANTED IN PART. (Code Civ. Proc., § 2031.310.) As to RFP nos. 1-8, and 14, the Court Þnds that defendant must produce the requested documents in its possession, custody, or control from 2009 to present. (See Code Civ. Proc., §§ 2031.210, subd. (a)(1), 2031.220.) As to RFP nos. 4-8, and 12, defendant has not provided a ve...

Excerpt: ...ods 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 declines to rule on defendant's evidentiary objections to plainti
¯'s evidence as the evidence objected to is not germane to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary judgment is GRANT...

Excerpt: ... LLC's urther response to demand or production numbers 1 & 2 is GRANTED. (Code Civ. Proc., § 2031.310.) Deendant agreed to supplement its responses to requests 1 & 2, but plainti
¯ has not yet received them. (Smith decl., ¶ 13, Ex. 10, 12/11/23 e-mail exchange.) Deendant is DIRECTED to serve supplemental responses by February 7, 2024. • Plainti
¯'s motion to compel deendant's urther responses to demand or production numbers 3, 5, & 1...

Excerpt: ...tute this cause of action. Plaintiff alleges that her termination was substantially motivated by complaints about a rumor, which was not based upon her gender, and no amendment can cure this deficiency of the complaint. (Gov. Code, S 12940, subd. (a); Caldwell v. Paramount Unified School Dist. (1995) 41 Cal.App.4th 189, 202, fn.7; Guz v. Bechtel Nat., Inc. (2000) 24 cal.4th 317, 354, fn. 21; Blank v. Kirwan (1985) 39 cal.3d 311, 318; compl., 11 �...

Excerpt: ... Kaplan has produced evidence establishing that his conduct did not fall below the requisite standard of care, negating the breach of duty element. (Hanson v. Grode (1999) 76 Cal.App.4th 501, 606-607; UMFs 1-18; Shen decl., 3, 6, 17, 19.) Plaintiff has not shown that a triable issue of material fact exists. (Code Civ. Proc., S 437c, subd. (p)(2).) If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant...

Excerpt: ...laire Tazuer, and Mark Tauzer. (Code Civ. Proc., S 430.10; Aubryv. Tri-City Hospital Dist. (1992) 2 Cal.4th 952, 967.) The Court finds that plaintiffs have failed to allege facts sufficient to maintain any cause of action against these individual defendants based upon alter ego liability or joint and several liability. (Lab. Code, S 558.1; see Leek v. cooper ( 2011) 194 cal.App.4th 399, 415; see also Noe v. superior court (2015) 237 cal.App.4th 3...

Excerpt: ...ncertainty as a basis for their demurrer. (Cal. Rules of Court, rule 3.1320(a) ["Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross- complaint, or answer, or to specified causes of action or defenses."l; see also Code Civ. Proc., S 430.60; Notice of demurrer, p. 2.) Defendants' unopposed demurrer to the FAC based on the failure to state a cause of action is OVERRULED. (Code Civ...

Excerpt: ... 6; 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].) The Court rules upon plaintiff's motion for judgment on the pleadings as follows: • The moton is DENIED as it pertains to plaintiff's verified complaint stating facts s...

Excerpt: ...cument is genuine and accurate. [Citation]" ; Compl., 26.) Defendants' demurrer to plaintiffs' complaint as to defendant Cheryl walker, individually, is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (e); cal. Rules of court, rule 3.1320(g); see Buss v. J. O. Martin co. (1966) 241 cal. App. 2d 123, 133; Aubry v. Tn-City Hospital Dist. (1992) 2 Cal.4th 962, 967.) The Court finds that, based on the ShortForm Settlement Agreement e...

Excerpt: ...e causes of action are not duplicative. (Award Metals, Inc. v. Superior Court (1991) 228 Cal.App.3d. 1128, 1135; Palm Springs Villas II Homeowners Assn„ Inc. v. Parth (2016) 248 cal.App.4th 268, 290; complaint, 25-33, 72-76.) WCS' demurrer as to the fourth cause of action (sexual battery) is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (e).) The complaint fails to allege this cause of action with sufficient particularity. (C...

Excerpt: ...tute this cause of action. Plaintiff alleges that her termination was substantially motivated by complaints about a rumor, which was not based upon her gender, and no amendment can cure this deficiency of the complaint. (Gov. Code, S 12940, subd. (a); Caldwell v. Paramount Unified School Dist. (1995) 41 Cal.App.4th 189, 202, fn.7; Guz v. Bechtel Nat., Inc. (2000) 24 cal.4th 317, 354, fn. 21; Blank v. Kirwan (1985) 39 cal.3d 311, 318; compl., 11 �...

Excerpt: ... document is genuine and accurate. [Citation]" ; Compl., 26.) Defendants' demurrer to plaintiffs' complaint as to defendant Cheryl walker, individually, is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc„ S 430.10, subd. (e); cal. Rules of court, rule 3.1320(g); see Buss v. J. O. Martin co. (1966) 241 cal. App. 2d 123, 133; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967.) The Court finds that, based on the ShortForm Settlement Agreem...

Excerpt: ...ion. (Code Civ. Proc., 916, subd. (a); see Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 189— 190, 196 199.) The case management conference set for this date is hereby VACATED. If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required. Moton to stay: Defendant request for judicial notice as to Item K is GRANTED. (E...

Excerpt: ... see Leek v. Cooper (2011) 194 Cal.App.4th 399, 417; Compl., 5, 9, 10, 13.) Defendants' motion asto the second cause of action for recovery under quantum meruit is DENIED. (Code Civ, Proc., S 438.) The Court finds that defendants have failed to provide any argument or legal authority that this cause of action is inconsistent with an oral [versus written] contract. (Cal. Rules of Court, rule 3.113(a); see Quantum Cooking Concepts, Inc. v. LV Assoc...

Excerpt: ... 187, 193 [the nature of a motion is determined by the nature of the relief sought, not by the label attached to it].) All papers opposing a motion must be filed with the court and a copy served on each party at least 9 court days before the hearing, unless the court or judge has prescribed a shorter time. (Code Civ. Proc., S 1005, subd. (bj.) Plaintiffs' opposition was filed on November 14, 2023. Nine court days before the hearing date (November...

Excerpt: ...court finds that this cause of action may not be maintained against a public entity like defendant. (See Kim v. Regents of University of California (2000) 80 Cal.App.4th 160, 164 — 165.) Defendant's demurrer to the second cause of action for intentional infliction of financial losses is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (e); Aubry v. Tri-City Hospital Dist. (1992) 2 cal.4th 962, 967.) The court finds that plaintif...

Excerpt: ...paration; thus, the Court taxes the claimed costs in the amount of $180.00. (Code Civ. Proc., S 1033.5, subds. (a)(l), (c)(2); Melnyk v. Robledo (1976) 54 Cal.App.3d 618, 624.) • Item 4— deposition costs ($26,141.39): The Court finds defendant has claimed fees that are unsupported by the documentation provided, or relates to fees for expert witness that are expressly not allowed; thus, the Court taxes the claimed costs in the amount of $15,77...

Excerpt: ...ition. (Cal. Rule of Court, rule 3.1300(d); see Juarez v. Wash Depot Holdings, Inc. (2018) 24 Cal.App.5th 1197, 1202; see also 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 rules upon Yolo County's demurrer and motion to strike plaintiffs' second amended complaint ("SAC") as follows: Yolo County's demurr...

Excerpt: ...., S 437c, subd. (q).) The Court declines to rule on defendants' objections to evidence as the evidence objected to is not relevant to deciding this motion. (Code Civ. Proc., S 437c, subd. This Court construes defendants' motion for summary judgment or, in the alternative, motion for summary adjudication as a motion for summary judgment. (See Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193 [the nature of a motion is determi...

Excerpt: ...; see Leek v. Cooper (2011) 194 Cal.App.4th 399, 417; Compl., 5, 9, 10, 13.) Defendants' motion asto the second cause of action for recovery under quantum meruit is DENIED. (Code Civ, Proc., S 438.) The Court finds that defendants have failed to provide any argument or legal authority that this cause of action is inconsistent with an oral [versus written] contract. (Cal. Rules of Court, rule 3.113(a); see Quantum Cooking Concepts, Inc. v. LV Asso...

Excerpt: ...35.5, subd. (a)(4).) Demurrer: Polley's demurrer to the third cause of action (civil RICO 18 U.S.C. S 1961 et seq.) within defendants/cross-complainants Ravinder Tumber and You Only ive Once Farms LLC's ("cross- complainants") cross-complaint is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 957.) The Court finds that the cross-complaint fails to state facts sufficient to constitu...

Excerpt: ... Cal.App.4th 187, 193 [the nature of a motion is determined by the nature of the relief sought, not by the label attached to itl.) All papers opposing a motion must be filed with the court and a copy served on each party at least 9 court days before the hearing, unless the court or judge has prescribed a shorter time. (Code Civ. Proc., S 1005, subd. (b).) Plaintiffs' opposition was filed on November 14, 2023. Nine court days before the hearing da...

Excerpt: ...ails to demonstrate that the costs incurred were not reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., S 1033.5, subd. (a)(l); Chacon decl., "1 2-7.) 3. The motion to tax deposition costs ($25,068.68) is GRANTED IN PART. As to "Transcript - Aptus Court Reporting Transcript of Dr. Din Interview 12/31/21" ($2,055.59), this is a discretionary cost, and defendant has failed to show that this cost was reasonable and necessar...

Excerpt: ...alek]; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [ex rel. Lockyer) [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) Defendants Dignity Health and Dignity Community Care's request for judicial notice is GRANTED. (Evid. Code, SS 452, subd. (d), 453.) Plaintiff's motion for relief from stay is DENIED. The Court finds that plaintiff has fa...

Excerpt: ...n plaintiff's response to the FROG and RPD. Defendant failed to provide any factual arguments or legal authority within its memorandum of points and authorities in support of this aspect of the motion, as required. (Cal. Rules of Court, rule 3.1113(b); Code Civ. Proc„ 52031.310, subd. he Court DENIES the motion as to the objections contained within plaintiff's supplemental responses to defendant's discovery requests, which were provided in resp...

Excerpt: ...earms dealer within California. (Opposition, pp. 2 & 8.) Further, this Court finds that, as owner of the "Group 2" firearms, Lorenzo can direct the disposition of these weapons to a licensed firearms dealer for subsequent sale. (See Henderson v. United States (2015) 575 U.S. 622, 530-631; see also Penal Code, SS 30800, subds. & (c) ["possession of any assault weapon... in violation of this chapter is a public nuisance"], emphasis added, 30605, 30...

Excerpt: ...) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notce in either its mandatory or permissive form must be relevant to a material issuel.) The Court declines to rule on Gunn's objections to the declaration of Thomas Patrick Jr., as the Court did not rely upon the challenged declaration in determining this motion. The Court rules upon plaintiff Peter C. Craig and cross-defendant Pacific Livestock, Inc.'s motion to tax costs as follow...

Excerpt: ...ted to is not relevant to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., S 437c, subd. (q).) The Court declines to rule on defendant's evidentiary objections to plaintiffs' evidence as the evidence objected to is not relevant to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., S 437c, subd. (q).) Defendant's motion for summary judgment is GRANTED. (Code Civ. Proc., S 437c, subd. (p)(2); ...

Excerpt: ...e Civ. Proc., S 425.16, subd. (c)(l).) On September 27, 2021, this Court granted cross- defendants' special moton to strike. (Code Civ. Proc„ S 425.16.) On November 3, 2021, the Court awarded cross-defendants, as the prevailing defendants, $30,555.00 in attorney's fees and $466.85 in costs. (Code Civ. Proc„ S 425.15, subd. (c)(l).) Cross-complainants appealed both orders. On July 28, 2023, this Court received the remittitur from the Third Dis...

Excerpt: ...s ("Zipcar") objections to evidence nos. 1-3 are OVERRULED. The Court declines to rule on Zipcar's remaining objections as the evidence objected to is not relevant to deciding this moton. Civ. Proc., S 437c, subd. (q).) The Court declines to rule on plaintiff's objection to Officer Diaz's video and transcript as the evidence objected to is not relevant to deciding this motion. (Code Civ. Proc., S 437c, subd. (q).) Plaintiff's motion for summary a...

Excerpt: ...ubmitted 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, S 455, subd. Defendant Xinyao Zhou's demurrer and motion to strike are STAYED, pursuant to this Court's inherent authority, pencrng resolution of defendant's appeal, filed on April 12, 2023, Third District Court of Appeal Case No. C098326, and any s...

Excerpt: ...endant's motion for costs is GRANTED IN PART, as follows: 1. The motion as to deposition costs ($6,848.20) is GRANTED IN PART. The Court finds that only of these costs are expressly allowed and were reasonably necessary to the conduct of the litigation. (Code Civ. Proc., SS 1032, 1033.5. subds. Cal. Rules of Court, rule 3.1700; see Melnyk v. Robledo (1975) 64 Cal.App.3d 618, 624.) 2. The motion as to prc„cess server costs ($1,950.00) is GRANTED...

Excerpt: ...strikes the following language from the complaint as to City, only: • „ improperly controlled/enforced speed limits in the above-described roadway, thereby created a hazard and increasing the potential for catastrophic injury and death. (Compl., 38e.) • had other defects or conditions that contributed to the SUBJECT INCIDENT. (Compl., 38g.) The notice of motion provides notice of this Court's tentative ruling system; however, the notice cit...

Excerpt: ...t-A-Car Co. of San Francisco (2000) 79 Cal.App.4th 1127, 1133- 1134 ["When the liability issues are so interrelated that it would have been impossible to separate them into claims for which attorney fees are properly awarded and claims for which they are not, then allocation is not required." l; see also Cruz v. Fusion Buffet, Inc. (2020) 57 Cal.App.5th 221, 235—236; Adams decl., "15-7.) The Court finds that the hourly rates requested by plaint...

Excerpt: ...h 1403, 1420." Further, "the court's discretion to deny a motion under the statute is limited to circumstances where it is clear that the mistake, inadvertence, or neglect was inexcusable, or where it is clear that the withdrawal or amendment would substantially prejudice the party who obtained the admission in maintaining that party's action or defense on the merits. (ld. at pp. 1420—1421.) The Court finds that defendant's admissions were the ...

Excerpt: ...15, 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 SUSTAINS IN PART defendants Regents of the university of California ("Regents") Tracy Grissom ("Grissom") and Mary Elizabeth Floyd's ("Floyd") (collectively "defendants") objections to evidence offered by plaintiff, number 1, on the basis that the third sentence in paragraph 12 of William M. Bowen's...

Excerpt: ...d. Code, SS 452, 453; Code Civ. Proc., S 1005, subd. (b).) Defendant James Murray's general and special demurrer is OVERRULED. (Code Civ. Proc„ 430.10, subds. (e), First, based on the complaint and matters judicially noticeable, defendant has failed to show that plaintiff is not the owner of the property. (See Donabedian, supra, 115 Cal.App.4th at p. 994; Complaint, '14.) Second, defendant has not established that the three- day notce to pay re...

Excerpt: ...eprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion." (Morgan v. Superior Court of Cal. In and For Los Angeles County (1959) 172 Cal.App.2d 527, 530.) First, the Court finds that plaintiff did not unreasonably delay in seeking to amend the complaint. (Cf. Fisher v. Larsen (1982) 138 Cal.App.3d 627, 649; Tsivyan decl., "1 4-7.) Second, the Court acknowledges that "t...

Excerpt: ...tion of the motion. The Court rules upon defendants' objection to the declaration of Jenaya Calderilla, D.O., as follows: • The Court declines to rule on defendants' objections numbers 5 through 7 12 — 15]. The Court finds that the evidence objected to is not relevant to the disposition of this moton. • The Court OVERRULES defendants' objections numbers 1 through 4, 8 and 9 1, 4— 11, 16, 17]. (Evid. Code, S 801.) • The Court SUSTAINS de...

Excerpt: ...; PLCM Group v. Drexler (20W) 22 cal.4th 1084, 1095; Christian Research Institute v. Alnor (2008) 155 cal.App.4th 1315, 1320 1322; City of Colton v. Singletary (2012) 206 Cal.App.4th 751, 784; see Quantum Ctnking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 934; citing Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 52; Lipow Decl., 3, 4, 8, Exhibit 1; Lipow Decl. ISO reply, "1 2 — 5.) However, the Court finds that plain...

Excerpt: ...t the costs incurred were not reasonable and necessary to the conduct of the litigation. Civ. Proc., S 1033.5, subd. (a)(l); Chacon decl., 2-7.) 3. The motion to tax deposition costs is GRANTED IN PART. As to "Transcript - Aptus Court Reporting Transcript of Dr. Din Interview 12/31/21," this is a discretionary cost, and defendant has failed to show that this cost was reasonable and necessary to the conduct of the litigation. (Code Civ. Proc„ S ...

Excerpt: ...rt, rule 3.1113(b); see Quantum Ctnking Concepts, Inc. v. LV Inc. (2011) 197 Cal.App.4th 927, 934; citing Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 52 [where motion is supported by a deficient memorandum, the trial court is justified in denying the moton on grounds].) The Court also notes that this motion was not timely filed based upon the original hearing date of this motion. (Code Civ. Proc., S 1005, subd. (b) [all moving papers must ...

Excerpt: ...(e).) Therefore, the demurrer is properly overruled if one cause of action "is not vulnerable to [this] objection." (Shook v. Pearson (1950) 99 Cal.App.2d 348, 351; Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599, see also Cal. Rules of Court, rule 3.1320(a).) The FAC contains sufficient factual allegations to support a cause of action for breach of fiduciary duty. (Meister v. Mensinger (2014) 230 Cal.App.4th 381, 395; Quelimane Co. v. Stewart Title...

Excerpt: ..., impracticable, or futile" to bring this matter to trial during the pendency of plaintiff River's Side at Washington Square Homeowners Association's ("HOA") writ of mandate challenging this Court's Order on the River's Side defendants' demurrer to HOA's third amended complaint. (Code Civ. Proc, S 583.340, subd. (c); Christin v. superior court (1937) 9 cal.2d 526, 533see setov. Szeto (2022) 86 cal.App.5th 76, 86; see also Kaye v. Mount La Jolla H...

Excerpt: ...uring, LLC's verified answer to plaintiff Bradley Ashmore's complaint — because it was never filed with the Court. The Court notes that as defendant Proterp Manufacturing, LLC, has never made a formal appearance in this action, the opposition to this motion is only being considered as being filed by defendant Proterp Holdings, LP (hereinafter "defendant"). Plaintiff's motion for attorney's fees is GRANTED IN PART. (CINIe Civ. Proc., SS 685.040 ...

Excerpt: ...three-phased trial as described in petitioner's moving papers will be conducive to expedition, economy and the ends of justice, the convenience of the witnesses, and the overall efficiency of the handling of this litigation will be promoted. The notice of motion does not provide notice of this Court's tentative ruling system as required by Local Rule 11.2(b). Counsel for moving party, or the moving party if unrepresented by counsel, is ordered to...

Excerpt: ...on the same cause of action." (Code Civ. Proc., S 430.10, subd. (c).) However, there are different primary rights asserted in Ruff I (Case No. 0.1-2021-1246) and Ruff II (Case No. 01-2022-1762). (Quiroz v. seventh Ave. center (2006) 140 cal.App.4th 1256, 1278-1279; Bush v. superior court (1992) 10 cal.App.4th 1374, 1384.) While Ruff I asserts injuries to decedent's heirs, Ruff II pleads injuries to decedent. (See Quiroz, supra, 140 Cal.App.4th at...

Excerpt: ... Cal.App.5th 1076, 1089 ["New evidence is generally not permitted with reply papers." l.) Defendant's special motion to strike is GRANTED IN PART. (Code Civ. Proc„ S 425.16.) "Litigation of an ant-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims arise from protected activity in which the defendant has engaged." (Bonni v. St. Joseph Health System (202...

Excerpt: ...shifts to the responding party to justify the objection. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) The Court finds that plaintiff John Eldon Studarus has failed to meet his burden of justifying the objections to the discovery sought. (Ibid.) Plaintiff is directed to file further responses to defendant's requests for inspection (set one) nos. 1-15, with responsive documents, by October 13, 2023. Defendant's request for sanctions i...

Excerpt: ..., 349; Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081 ["plaintiff has the burden of proving that an amendment would cure the defect"]; Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 636 ["It]he burden of proving such reasonable possibility is squarely on the plaintff"]; see Sarkisian Decl., 2—11, Exhibits A, G, H.) The Court finds that plaintiff has failed to allege facts sufficient to constitute this cause of action. (Gov. Code...

Excerpt: ...d not consider the evidence to in making its ruling. Defendants Schilling Robotics, LLC ("Schilling") and FMC Technologies, Inc.'s ("FMC") objections to plaintiffs' evidence as to the declaration of Roy K. Suh nos. 17- 21 are SUSTAINED. The Court declines to rule on the other objections because the Court did not consider the evidence objected to in making its ruling. This Court does not consider the evidence submitted with plaintiffs Veronica Gar...

Excerpt: ...vacates its order denying the petition for writ of administrative mandamus and enters a new judgment granting the petition and (2) remands the matter back to the University for further proceedings consistent with the opinion by the Third District Court of Appeal. (See remittitur to trial court clerk, filed December 28, 2022; Hampton v. Superior Court in and for Los Angeles County (1952) 38 Cal.2d 552, 655—656 ["The trial court is empowered to a...

Excerpt: ...decline to consider any argument or legal authority found in pages exceeding the maximum permitted number of pages. Motion to compel further responses to special interrogatories: Petitioner's motion to compel further responses to special interrogatories, set one, is DENIED. (Code Civ. Proc., S 2030.300, subd. (a).) Petitioner has failed to make an adequate showing that the discovery requests at issue are likely to aid in the resolution of the par...

Excerpt: ...2020) 58 Cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2WO) 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 issuel.) Defendants' demurrer to first amended complaint of plaintiff State of California, by and through the Department of Water Resources is SUSTAINED and the case is DISMISSED WITHOUT PREJUDICE. (Code Civ. Proc., SS 389, s...

Excerpt: ...an open book account aga-nst defendant Davis Williams Adams aka Davis W. Adams, and defendant has failed to show that a triable issue of one or more material facts exists as to this claim or a defense thereto. (Code Civ. Prw SS 337a, 437c, subds. (b)(3), (p)(l); Aguilar, supra, 25 Cal.4th at p. 862; Lyons v. Security Pacific National Bank (1995) 40 Cal.App.4th l[nl, IW5 — Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174...

Excerpt: ...ithout leave to amend defendant Hotel Winters, LLC's demurrer and (2) dismissing defendant Hotel Winters, LLC from this case, matters embraced by plaintiff's pending appeals. As such, the portion of plaintiff's moton challenging those orders of January 25, 2023, and February 15, 2023, is STAYED PENDING APPEAL. Plaintiff also seeks to challenge the orders made by Judge Mock on June 23, 2023. Multiple orders were made on that date. Plaintiff has no...

Excerpt: ... reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., S 1033.5, subds. (c)(2) & (3); Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) The costs were incurred to collect, review and documents in response to petitioners' Public Records Request — so that petitioners could prepare the administrative record. (See Coalition for Adequate Review v. City and County of San Francisco (2014) 229 Cal.App.4th 1043, 1055 [a petition...

Excerpt: ...rder pursuant to California Rules of Court, rule 3.1312 or further notice is required. Byrd's motion: On the Court's own motion, cross-defendant Justin Byrd's ("Byrd") motion for attorney's fees and costs is CONTINUED to September 7, 2023, at a.m. in Department 11. Byrd is DIRECTED to billing records and/or invoices from Scott Radcliffe in support of the claimed attorney's fees, and a supporting supplemental declaration from Mr. Radcliffe, which ...

Excerpt: ...aintiff timely filed its opposition without objecting to this deficiency. The Court deems this deficiency waived. Defendants' request for judicial notice is DENIED. (Evid. Code, SS 452, 453.) The proffered 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.) Defendants' motion for summary judgment or, in...

Excerpt: ...he Court finds that defendants were the prevailing party on the second and third causes of action [for fraud and negligent misrepresentation, respectively), only, within plaintiff West Sacramento Hospitality, LLC's complaint. (Civil Code, S 1717, subd. RJN, Exhibits A, B; Folsom Decl., Exhibit D, '1 24.) However, defendants fail show that their 75%-25% apportionment within the billing records [for work performed to defend against plaintiff's comp...

Excerpt: ...of action for products liability - design defect — is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (d); Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 952, 967.) The Court finds that plaintiffs have failed to allege the requisite elements of this claim; thus, the FACfails to allege facts sufficient to constitute a cause of action against Braun for products liability — design defect. (Code Civ. Proc., S 430.10, subd. (d)...

Excerpt: ... "a trial court has broad discretion to accept or reject late-filed papers."]; Code Civ. Proc., S 437c, subd. (b)(2).) Plaintiff Julie Su, State Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California's request for judicial notice is GRANTED. (Evid. Code, SS 452, 453.) Defendants' objections to plaintiffs request for judicial notice are OVERRULED. (See Evid. Code, SS 1200, 702, 800, 140...

Excerpt: ...rt case number 34-2020- • on July 14, 2020, in case No. CV-2020-948, Nazia and Malik filed a complaint for financial elder abuse, civil suit for fraud, and forgery against defendants Shazia, Mohsan, Sadia Naseem ("Sadia"), and Ahsan (collectively "defendants"). This complaint was also filed on behalf of Zafar Iqbal. • On January 8, 2021, the Sacramento Superior Court transferred the 00280149 case to this Court. Upon receipt, this Court labele...

Excerpt: ... broad discretion to accept or reject late-filed papers."]; Code Civ. Proc., S 437c, subd. (b)(2).) Plaintiff Julie Su, State Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California's request for judicial notice is GRANTED. (Evid. Code, SS 452, 453.) Defendants' objections to plaintiff's request for judicial notice are OVERRULED. Defendants' objections to evidence in support of oppositi...

Excerpt: ...judgment. (See Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410; Armando Ortega decl., '1 2; Priscilla Ortega decl., '1 2; Payravi decl., pp. 1-2, Exhibits 1-3.) Second, based on the evidence before the Court, the default and default judgment were taken against defendants as the result of their mistake and excusable neglect. (Barat v. Baratti (1952) 109 Cal.App.2d 917, 921; Code Civ. Proc., S 473, subd. (b); see also Lasalle v. Vogel (2...

Excerpt: ...ents attached thereto. (Evid. Code, SS 452, 453.) Defendant's request for judicial notice file with defendant's reply is DENIED. (Evid. Code, SS 452, 453.) New arguments may not be raised for the first time in a reply brief. (High 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 pr...

Excerpt: ...quests for production of documents, set one, is DENIED. (Code Civ. Proc., SS 2030.290, 2031.300, 2033.280.) "A separate statement is not required...[w]hen no response has been provided to the request for discovery..." (Cal. Rules of Court, rule 3.1345(b).) But, here, plaintiff did provide responses to the discovery and therefore, defendant must file a moton to compel further discovery with a separate statement. (See cal. Rules of court, rule 3.13...

Excerpt: ....4th 415, 422.) Defendant Covenant Care Courtyard's motion to strike is DENIED. (Code Civ. Proc., SS 435- 437.) Standing requirements will vary from statute to statute based upon the intent of the Legislature and the purpose for which the particular statute was enacted. (Blumhorst v. Jewish Family Services of Los Angeles (2005) 126 Cal.App.4th 993, 1000.) We turn to section 1430, subdivision (b). (Nevarrez v. San Marino Skilled Nursing & Wellness...

Excerpt: ...sonable attorney's fees. Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (Code Civ. Proc„ S 1032, (b).) The statute defines "prevailing party" as including "a defendant in whose favor a dismissal is entered...." (Code Civ. Proc., S 1032, subd. (a)(4).) Hotel Winters is a preva-ling party as a defendant in whose favor a dismissal was entered. The...

Excerpt: ...1161(2) which states that a tenant is guilty of unlawful detainer if they fail to pay their rent and then subsequently fail to comply with a three-day to pay rent or quit order. Plaintiff has stated facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430.10, subd. (e).) Those facts include: 1. Plaintiff is a limited liability company which owns the real property located within the above-described judicial district and commonly k...

Excerpt: ...from defendant after unsuccessful attempts to repair plaintiffs' vehicle, and defendant declined to do so. (Code Civ. Proc, S 338; Britton v. Girardi (2015) 235 Cal.App.4th 721, 734; Compl., 23.) The Court further finds that plaintiffs have stated facts sufficient to consttute a cause of action for fraudulent inducement concealment. (See Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1382 — 13...

Excerpt: ...Ie Civ. Prcyc., S 2030.300; see Sole Energy Co. v. Petrominerals Corp. (2W5) 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].) The Court finds that this motion was not timely filed. (Code Civ. Pru., SS 1013, subd. (a) [service is complete at the time of the but any period of notice and any right or duty to do any act or make any response within any or on a date cert...

Excerpt: ...l., 4 — 11, Exhibits A— F.) Zero Net Energy Alliance, Inc. shall prov-de a verified response to plaintiffs discovery request, without objections, by July 1, 2023. 2 of 3 Plaintiff's request for sanctons is GRANTED IN PART in the amount of $720M. (Code Civ. Proc., SS 2023.030, subd. (a), 2031.3[n, subd. (c); Cal. Rules of Court, rule 3.1348; Pleau-Fuller Decl., '1 11.) The Court declines to award sanctions for time not yet incurred. If no hear...

Excerpt: ...Dist. (1992) 2 Cal.4th 962, 967; Jones v. Awad (2019) 39 Cal.App.5th 1200, 1207 [the elements of a cause of action for premises liability are the same as those for negligencel.) The Court finds that plaintiffs' complaint fails to state facts sufficient to constitute a cause of action for premises liability. (Donnell v. California Western School of Law (1988) 200 Cal.App.3d 715, 725 — 726; See Rakestraw v. California Physicians' Serv. (2000) 81 ...