Excerpt: ... (Gov. Code, § 946.6.) “[P]etitioner has the burden of proving by a preponderance of evidence the necessary elements for relief.” (Rodriguez v. County of Los Angeles (1985) 171 Cal.App.3d 171, 175.) While the petition contains allegations that the failure to present the claim was through “mistake, inadvertence, surprise, or excusable neglect,” such allegations are not supported by any evidence. (Ibid.; Gov. Code, § 946.6, subd. (c); Pet...

Excerpt: ...efendants have agreed to dismiss their first, sixth, eleventh, and twelfth affirmative defenses. Further, regarding the second, fourth, seventh, and tenth affirmative defenses, defendants' answer fails to state facts sufficient to constitute these defenses to the complaint. (Ibid; FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384; Metropolis Trust & Sav. Bank v. Monnier (1915) 169 Cal. 592, 596.) As to defendants' seventh affirmat...

Excerpt: ...plaintiffs Cesar Caballero and Miwok Nation (Tribe)'s objection to defendant's request for judicial notice exhibit 5 is OVERRULED AS MOOT. Plaintiffs Cesar Caballero and Miwok Nation (Tribe)'s request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The proffered documents are not relevant to the Court's determination of the instant motion. (Rowland, supra, 4 Cal.4th at p. 268 fn. 6.) Therefore, defendant Robert Chavez's objections to ...

Excerpt: ...le outcome of the litigation is the determination that the disputed property is in fact Indian trust land. If that outcome is possible, then a state court is barred from assuming jurisdiction of the case.” (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1152.) In the case of section 1360(b) the concern is not whether a federal question exists that would allow a federal court to assume jurisdiction, but rather whether a dispute over Indian l...

Excerpt: ... 214 Cal.App.4th 1047, 1057.) The Court cannot consider extrinsic evidence. (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881; Wells decl.) Based on the allegations in the complaint and the documents attached thereto, plaintiff served the three‐day notice to quit in compliance with Code of Civil Procedure section 1162(a). (See also Code Civ. Proc., § 1161a, subd. (b).) Defendant Robert Wells shall file his answer by no later than J...

Excerpt: ... separate alleged harms: denial of plaintiff's claim and an ongoing practice of unlawful or unfair conduct. (See, e.g., Complaint, ¶¶ 26‐30, 39‐48.) As monetary damages will not remedy both harms, such a remedy is inadequate. (Philpott v. Superior Court in and for Los Angeles County (1934) 1 Cal.2d 512, 517; Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303, 316; Complaint, ¶ 45.) Further, the complaint alleges that defendant c...

Excerpt: ...al.App.3d 864, 872; Peterson v. Superior Court (1982) 31 Cal.3d 147, 160; Civ. Code, § 3294; Complaint, pp. 4‐5.) While “the act of operating a motor vehicle while intoxicated may constitute an act of ‘malice' under [Civil Code] section 3294,” plaintiffs have not alleged “circumstances which disclose a conscious disregard of the probable dangerous consequences” as required. (Taylor v. Superior Court (1979) 24 Cal.3d 890, 892 & 899; D...

Excerpt: ...r otherwise show there is no factual basis for relief on any theory reasonably contemplated by the opponent's pleading. (Doe v. Good Samaritan Hosp. (2018) 23 Cal.App.5th 653, 661.) First, defendants' separate statement does not separately identify each cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion. (Cal. Rules of Court, rule 3.1350, subd. (d)(1)(A).) The first amended complaint contai...

Excerpt: ...ions is GRANTED, in the amount of $660.00 against plaintiff Yeimi Lopez. (Code Civ. Proc., §§ 2023.010, 2023.030; Marques decl., ¶ 7.) Plaintiff has failed to provide evidence that the imposition of a sanction against her would be unjust. (Code Civ. Proc., § 2023.030, subd. (a); Johns decl., ¶ 3.) Given the relative simplicity of the motion, the Court finds the requested attorney's fees unreasonable. Therefore, the Court awards sanctions for...

Excerpt: ...c. (2009) 171 Cal.App.4th 1356, 1384; FAC, ¶¶ 50‐52, 77‐83.) Further, plaintiff has adequately stated facts alleging “safety concerns posed by the vehicle.” (Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824, 836; FAC, ¶¶ 15‐16, 35‐36.) However, plaintiff's third cause of action is barred by the economic loss rule because plaintiff has failed to plead facts “demonstrat[ing] harm above and beyond a broken con...

Excerpt: ...E; Underwood decl.,¶ 4, Exh. B.) Defendant has the burden to justify his objections and fails to justify his objections based upon third party privacy rights or any other objections timely asserted. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220‐221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255.) Defendant's supplemental, amended response to FROG 12.4 is insufficient as defendant raises untimely new objections and ha...

Excerpt: ...t is well established that a former employer may properly respond to an inquiry from a potential employer concerning an individual's fitness for employment, and if it is not done maliciously such response is privileged.” (Neal v. Gatlin (1973) 35 Cal.App.3d 871, 877; see also Civ. Code, § 47, subd. (c).) The FAC alleges that defendant's response to the inquiry from a potential employer was reckless and malicious. (FAC ⁋⁋ 58‐ 65.) Defenda...

Excerpt: ...gence, negligence per se, and negligent entrustment against defendant. (FAC, pp. 4‐7.) Further, plaintiff has alleged negligence by defendant to overcome the Graves Amendment. (49 U.S.C. § 30106, subd. (a); Defendant's RJN; FAC, pp. 4‐7.) Specifically, as to the fourth cause of action for negligent entrustment, a “rental car agency is prohibited from renting a car to an unlicensed driver, and must ‘make a reasonable effort' to determine ...

Excerpt: ...) Compliance with the statutory procedures for service of process is essential to establish personal jurisdiction. (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 858.) Actual notice of the action alone is not a substitute for proper service of process and is not alone sufficient to confer jurisdiction. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 392.) A summons may be served by personal delivery of a copy of the summ...

Excerpt: ...dlord shall be precluded from recovering COVID‐19 rental debt in connection with any award of damages.” Rental Debt is defined in Code of Civil Procedure section 1179.02 subdivision (c) as “[u]npaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during the covered time period.” The covered time period is between March 1, 2020 and January 31, 2021. (Code Civ. Proc., § 1179.02, subds. (a).) In res...

Excerpt: ...2, Exhs. C‐ F.) County of Yolo's motion to compel further response to requests for admissions, set one, is DENIED. (Code Civ. Proc., § 2033.290, subd. (a).) The Court finds that plaintiff Virgrow Organics, Inc.'s supplemental responses were sufficient under the Discovery Act. County of Yolo's motion to compel further response to form interrogatories is GRANTED IN PART, only as to the request that plaintiff Virgrow Organics, Inc. produce suffic...

Excerpt: ... challenged for its fee award. With regard to the declaration of Raymond Boucher in support of plaintiff's motion for attorneys' fees, costs and expenses, the Court overrules objections 1‐2, 29‐39. The Court sustains objections 3‐28, 40. With regard to the declaration of Arielle E. Brown in support of defendant FCA's opposition to plaintiff's motion, the Court overrules all objections. With regard to the declaration of Arrielle E. Brown in ...

Excerpt: ...4th 60, 71‐72.) The previous motion filed on January 15, 2016, was a motion for summary judgment, not a motion for summary adjudication and it addressed the issue of standard of care. Defendant Daniel J. Kennedy's objection to plaintiff Brian Scaccia's separate statement is OVERRULED. Defendant Daniel J. Kennedy's objections to plaintiff's evidence numbers 1‐20 are SUSTAINED IN PART. Dr. Kennedy's objections numbers 2‐6, and 8 are SUSTAINED...

Excerpt: ...t is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subds. (e) & (f).) Plaintiff has pled her fraud cause of action with sufficient particularity, given that she is asserting defendants' nondisclosure of information. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1384; FAC, ¶¶ 90‐92, 94, 106‐110, 160‐163, 174‐178.) However, plaintiff's third cause of action is barred b...

Excerpt: ...& Snyder (1990) 217 Cal.App.3d 1509, 1512; Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2016) 6 Cal.App.5th 1207, 1215.) Petitioner Pietro Giordano's petition for writ of mandate is GRANTED IN PART, as follows: 1. The Court issues a peremptory writ of mandate, ordering respondents to: (a) make and mail or deliver to petitioner the information and financial statements required by Corporations Code section 17704.10, including a ...

Excerpt: ...(Briggs v. Briggs (1889) 80 Cal. 253, 256; Read v. Johnson (1931) 213 Cal. 432, 437.) As the cause of action continues, and the current successor in interest stands in the shoes of the original plaintiff, this Court holds that defendant must provide responses to the discovery requests propounded by or on behalf of the original plaintiff. Defendant's untimely service of responses containing objections does not divest this Court of jurisdiction to ...

Excerpt: ...on and the 60‐ day notice attached to the complaint because the Court previously denied defendant's requests for judicial notice of these documents in Case No. CV‐2019‐2712 is erroneous. (See Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82; Defendant's RJN, Exhibits 2 & 3.) Further, 85 Federal Register 55292 (Sept. 4, 2020) temporarily halts evictions for nonpayment of rent. (Defendant's RJN, Exhibit 1.) As plaintiff's complaint is n...

Excerpt: ...tal agreement regarding the property, there is no agreement for plaintiff to attach to the complaint. (Code Civ. Proc., § 1166, subd. (d)(1)(B); Complaint, ¶ 5.) Code of Civil Procedure section 1946.2 does not apply because defendants did not “continuously and lawfully” occupy the subject residence, based on the 60‐day notice to quit attached to the complaint. A civil case cover sheet is not a pleading and therefore, is not subject to dem...

Excerpt: ...itten operating agreement, at the expense of respondent Garba Wine; and (b) make available to petitioner, or his agent or attorney, for inspection during regular business hours at the office of respondent Garba Wine, the records of respondent Garba Wine described in Corporations Code section 17704.10(b)(1). (Corps. Code, § 17704.10, subd. (f); Petition, ¶¶ 7‐15, Exhibits A, B & C.) 2. The Court orders respondents to give written notice to al...

Excerpt: ...itigation activity that falls squarely within the protective reach of the Anti‐SLAPP statute. (Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733‐741.) The complaint alleges that plaintiff was injured as a result of defendant's filing of the OSC and contempt actions in the Yolo Superior Court family law case number CV‐2016‐1938. The filing of an Order to Show and affidavit for contempt is protected litigation activity under Code...