Excerpt: ...n to compel further responses to form interrogatories, set one, and motion to compel further responses to request for production of documents, set one, are DENIED AS MOOT. (Code Civ. Proc., §§ 2030.300, 2031.310.) On February 20, 2025, defendant served amended responses and verifications to these discovery requests. (Urbanic decls., ¶ 10, Exhibits 4 & 5.) Plaintiff's requests for sanctions are DENIED. (Code Civ. Proc., §§ 2023.010, 2023.030,...

Excerpt: ...to when plaintiff Cody Reilly discovered “the facts constituting the fraud or mistake.” (Code Civ. Proc., § 338, subd. (d); see Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; see also Teitelbaum v. Borders (1962) 206 Cal.App.2d 634, 638 - 639; Hertz Drivurself Stations, Inc. v. Ritter (1937) 91 F.2d 539, 543 [a cause of action pursuant to section 338, subdivision (d), does not accrue until th...

Excerpt: ...).) The Court finds that plaintiff Ashley Stewart states facts sufficient to constitute this cause of action. (Del E. Web b Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604; see Voris v. Lampert (2019) 7 Cal.5th 1141, 1150 – 1151; Zaslow v. Kroenert (1946) 29 Cal.2d 541, 550; FAC, ¶¶ 99 - 103.) Defendants' demurrer to the sixth cause of action for fraudulent concealment is OVERRULED. (Code Civ. Proc., § 430.10, subds. (e).) T...

Excerpt: ...ly filed - the applica ble two - year statute of limitations began to run on the date plaintiff was injured, December 15, 2019. (Code Civ. Proc., § 335.1; see HydroMill Co., Inc. v. Hayward, Tilton & Rolapp Ins. Associates, Inc. (2004) 115 Cal.App.4th 1145, 1153; Johnson v. Open Door Community Health Centers (2017) 15 Cal.App.5th 153, 159; see also Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1109 - 1110; Compl., ¶¶ 1, 25, 35.) If no hearin...

Excerpt: ...iled to provide the Court with any of the exhibits identified in the moving papers. (Cal. Rules of Court, rule 3.1113(b) [“The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.”]; see Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 934, citing Chavez v...

Excerpt: ...they failed to pay all required fees to continue the arbitration within the statutory deadline. (Code Civ. Proc., § 1281.98, subd. (a); Cvejic v. Skyview Capital, LLC (2023) 92 Cal.App.5th 1073, 1078.) However, the Court further finds that defendants acted with substantial justification or that other circumstances make imposition of the sanctions sought by plaintiff unjust. (Code Civ. Proc., §§ 1281.98, subd. (c), 1281.99, subd. (b); Snyder De...

Excerpt: ...an authorized pleading. ( See Code Civ. Proc., § 1005, subds. (b), (c).) The State's request for judicial notice as to item number 1 is GRANTED. (Evid. Code, §§ 452, subd. (d), 453.) However, the Court declines to take judicial notice of the facts contained therein. (See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564, citing 2 Jefferson's California Evidence Benchbook (2d ed. 1982), § 47.2, p. 1757.) The State's request for judicial notice...

Excerpt: ...va Decl., ¶ 15.) Defendant City of Davis' request for judicial notice 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 eith...

Excerpt: ...er of pages. Motion for rehearing on cross -defendants' motion for summary judgment: Cross -defendants William Parcell and Theresa Parcell's request for judicial notice as to Exhibits A - C and request number 4 is DENIED because the items requested are not the proper subjects of judicial notice. (Evid. Code, §§ 452, 453.) The Court construes cross - defendants' motion for rehearing on cross -defendants' motion for summary judgment as a motion p...

Excerpt: ...(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).) Defendant Ro...

Excerpt: ...rgument or legal au thority found in pages exceeding the maximum permitted number of pages. Defendant Regents of the University of California's request for judicial notice is GRANTED. (Evid. Code, §§ 452, subd. (d), 453.) However, while the Court may take judicial notice of the existence of each document in a court file, it can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions...

Excerpt: ...he required elements for fraudulent concealment are (1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose the fact; (3) the defendant intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would have acted differently if the concealed or suppressed fact was known; and (5) the plaintiff sustained damage as a result of the concealme...

Excerpt: ...s' replies. (Cal. Rules of Court, rule 3.1300(d); 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.”].) On the Court's own motion, plaintiffs' motions to compel defendant's further responses to request for admissions, set one, and request for production of documents, set one are CONTINUED to March 26, 2025, at 9:00 a...

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: ...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...