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...