Excerpt: ...eged facts to state this cause of action. (Davis v. (1943) 61 Cal.App.2d 788, 794; citing Burkett v. Griffith (1891) 90 Cal. 532, 541; Am. Compl„ 11 — 13, 49— 53; Exhibits. E— G.) The motion as to plaintiff's sixth cause of action for intentional interference with contractual relationship is GRANTED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., S 438, subd. see Blank v. Kirwan (1985) 39 cal.3d 311, 318.) The court finds that defendant Scott T...

Excerpt: ...or committing fraud and forgery in court waiver fee by lying under penalty or [sic.] perjury under oath in court as follows: Defendant/respondent's motion to deem plaintiffs/pebtoners to be vexatious litigants is DENIED. (Code Civ. Proc., S 391.) The Court finds that defendant/respondent has failed to establish the requisite elements for this Court to deem plaintiff/petitoners to be vexatious litigants. (Ibid.; Morton v. Wagner (2007) 156 cal.App...

Excerpt: ...N PART. (9 U.S.C. S 1, et seq.; Code Civ. Proc., S 1281.2.) The Court finds that plaintiff Martinez Narez's individual PAGA claims are subject to the executed arbitration agreement(s) within plaintiff's employment file. (Stenson Decl., '1 8, Exhibits 1 — 6; Op., p. 2, II. 3—4.) However, the Court finds that the California Supreme Court, in the case of Adolph v. Uber Technologies, Inc. (Case No. S274671), is presently reviewing the issue of wh...

Excerpt: ... have established that there are a triable issues of material fact as to duty, breach of duty and causation. (Civ. Code, S 1714; Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917; T.H. v. Novartis Pharmaceuticals corp. (2017) 4 cal.5th 145, 163; Knight v. Jewett (1992) 3 cal.4th 296, 315; Cabral v. Ralphs Grocery co. (2011) 51 Cal.4th 764, 771 ["in the absence of a statutory provision establishing an exception to the general rule of Civil Co...

Excerpt: ...is Court exercises its discretion to allow the costs of travel to the hearing on December 15, 2022. (Code Civ. Proc., S 1033.5, subd. (c)(4).) A prevailing party is entitled "as a matter of right" to recover costs in any acton or proceeding unless a statute expressly provides otherwise. (Segal v. ASICS America Corp. (2022) 12 Cal.5th 651, 658, quotation marks in original; Code Civ. Proc., S 1032, subd. (b).) Section 1033.5 sets forth the types of...

Excerpt: ...App.4th 742, 749, citing McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 280.) The Court rules upon defendant Larry French's demurrer to [and motion to strike] plaintiff's complaint as follows: Defendant's demurrer to plaintiff's complaint based upon the statute of limitations set forth in Code of Civil Procedure section 366.2(a) and lack of standing as a result thereof is DENIED. (Code Civ. Proc., S 430.10, subd. The Court finds tha...

Excerpt: ...on Inc. dba KDC Construction and defendant McCandless & Associates Inc. have each filed a joinder in defendants Valley Star Partners, LLC, Mitch Engstrom, and Mark Engstrom's motion to require vexatious litigant plaintiff to furnish security. Plaintiff Howard Herships acknowledges in his opposition that Cirks and McCandless have joined in the moton. (See plaintiff's opposition, p. 2.) Plaintiff does not dispute that Cirks and McCandless can join ...

Excerpt: ...nfer process was insufficient shall not be grounds to overrule or sustain a demurrer." l.) Respondent's demurrer to the second, sixth and seventh causes of action on the ground that Randall Wilson is an indispensable party is OVERRULED. (Code Civ. Proc., SS 389, 430.10, subd. (d).) The Court finds that while petitioner Bradford G. Crandall. Sr.'s petition does contain allegations that Mr. Wilson may be a joint tortfeasor, respondent has failed to...

Excerpt: ...f negating an element of this cause of action — that plaintiff Eseosa D. Osunde was performing competently in the position he held. (Code Civ. 2 of 3 Proc„ S 437c, subd. (p)(2); Gov't. Code, S 12940, subd. (a); Moore v. Regents of Univ. of Cal. (2016) 248 Cal.App.4th 216, 235; Guz v. Bechtel Nat'l Inc. (2Cm) 24 cal.4th 317, 355; UMFs 29—43, 51 53, 55, 58, 60-62, 54, 65.) The court further finds that plaintiff has failed to identify admissib...

Excerpt: ...the remainder of the proffered documents [Attachments 2, 3, 5 and 6] as they are not relevant to the Court's determination of the instant motion. (Evid. Code, SS 452, 453; 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.) Accordingly, defendants Robert Chavez, Sky Webb, and Michael Williams' objection...

Excerpt: ...ivil Procedure sections 1010.6 or 1013 and 1170.8. (Cal. Rules of Court, rule 3.1347(a).) This Court notes, however, that plaintiff filed a substantive, written response on May 11, 2023, that does not assert deficient notice. Regarding the opposition: If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be served and filed on or before the court day before the hearing. (Cal. Rules of Cour...

Excerpt: ...ber 19 is DENIED. (Code Civ. Proc., S 2031.310.) The Court finds that the terms "employment practices", "policies", "procedures" and "discussed" are vague ambiguous and overbroad and does not specifically describe each individual item sought or by reasonably particularizing each category of item sought. (Code Civ. Proc., S 2031.030, subd. (c)(2); Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 222; see Dauis Decl. [filed ...

Excerpt: ...ds that defendants/cross-complainants may not recover fees incurred as to the first cause of achon in plaintiff West Sacramento Hospitality, 3 of 3 LLC's complaint for breach of contract, which was voluntarily dismissed on December 1, 2022. (Civil Code, S 1717, subd. RJN, Exhibits A, B; Folsom Decl., Exhibit D, '1 24.) The Court also finds that while defendants/cross-complainants are the prevailing party on the second and third causes of action [...

Excerpt: ...." l.) Petitioners challenge respondents County of Yolo and Yolo County Board of Supervisors' (collectively, "the County") January 11, 2022 certification of the Environment Impact Report ("EIR") for the Teichert Shiner Mining and Reclamation Project ("Project") and approval of the Project. Petitioners assert that the EIR relied upon for approval of the Project fails to satisfy the requirements of California Environmental Quality Act ("CECA"). (Pu...

Excerpt: ...vil Procedure secton 664.6. (Settlement agreement, '1 17.) Plaintiff and defendants have both invited this Court to enter final judgment in this matter. (Plaintiff's motion, p.6; defendants' opposition, p. 5.) The paramount rule governing the interpretation of contracts is to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as it is ascertainable and lawful [citation]. (City of Chino v. Jackson (...

Excerpt: ...) 174 Cal.App.4th 1453, 1458 [facts of which a party seeking reconsideration was aware of at the time of the original ruling are not "new or different facts," as would support a trial court's grant of reconsideration]; see also Lucas v. Santa Maria Public Airport Dist. (1995) 39 Cal.App.4th 1017, 1028.) The Court also finds that plaintiff failed to file an affidavit in support of this motion, as required. (Code Civ. Proc., S 1008, subds. (a), (b)...

Excerpt: ...rer is SUSTAINED IN PART, as noted. (Code Civ. Proc., S 430.10.) 1. Defendants' joint demurrer on the ground that plaintiff lacks capacity to sue is OVERRULED AS MOOT. (Code Civ. Proc„ S 430.10, subd. (b), 377.32; Ruff decl., 1-6, Ex. A.) 2. Defendants' joint demurrer on the ground that Ruff II is a duplicative action is SUSTAINED IN PART WITHOUT LEAVE TO AMEND, as noted. (Code CIV. Proc., S 430.10, subd. Defendants' joint demurrer to plaintiff...

Excerpt: ... Jamie Wagner's objections to the declaration of Daniel Johnson are SUSTAINED. (Hayman v. Block (1985) 176 Cal.App.3d 629, 638—639; Evid. code, SS 210, 403, 350, 352, 702(a), 800.) All other requests are DENIED and all other objections are OVERRULED. Defendant Jamie Wagner's motion for summary judgment is GRANTED. (Code Civ. Proc., S 437c, subd. Plaintiff asserts two causes of action against Wagner, both dependent on Wagner being the owner of t...

Excerpt: ... set for October 3, 2022. (See Stipulation and Order Continuing Trial, filed September 7, 2022.) The last day to have any discovery motion heard was September 19, 2022. (Code Civ. Proc„ SS 2016.060, 2024.020, subd. (a); see Pelton-Shepherd Industries, 2 of 3 Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th , supra, at p. 1572.) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate ...

Excerpt: ...fornia Rules of Court, rule 3.1345(d). (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892.) The Court further finds that defendant has failed to include any legal argument in fts supporting memorandum of points and authorities regarding plaintiff Eseosa Osunde's provision of verifications to his responses to defendant's request for admission and special interrogatories; thus, fails to comply with California Rules of Court, rule 3.113(b). Finally...

Excerpt: ...fs are estopped from repudiating defendant's enforcement of the express arbitration provision found in the Retail Installment Sale Contract — Simple Finance Charge (With Arbitration Provision) ("Sales Contract") between plaintiff Thomas McGregor ("Mr. McGregor") and Hoblit Chrysler Jeep Dodge Inc. (erroneously sued as and Hoblit Chrysler Jeep Dodge Ram) ("Hoblit"). (Felisilda, supra, 53 Cal.App.5th 486, 495— 499; Sandhu Decl., '1 2, Exhibit A...

Excerpt: ...lic Health ("CDPH") is GRANTED. (Code Civ. Proc., S 1987.1.) The Court finds that CDPH has no authority to disclose any of the requested documents to plaintiffs, and that plaintiffs must request the documents in the possession of CDPH through the Freedom of Information Act. (45 C.F.R. S 2.1, et seq., 45 C.F.R. S 5.1, et seq.; see In re Complex Blood Bank Litigation (1991) 812 F.Supp. 160, 151 [documents may only be produced in private litigation ...

Excerpt: ...fornia Rules of court, rule 3.1345(d). (Mills v. U.S. Bank (2008) 166 cal.App.4th 871, 892.) The court further finds that defendant has failed to include any legal argument in its supporting memorandum of points and authorities regarding plaintiff Eseosa Osunde's provision of verifications to his responses to defendant's request for admission and special interrogatories; thus, falls to comply with California Rules of Court, rule 3.113(b). Finally...

Excerpt: ...ioned Ricardo Alexander Ocampo, individually, and on behalf of all others similarly situated v. NorCal Beverage co., Inc., case No. 30-2021-01226173-CU-OE-CXC. is GRANTED. (Evid. code, S 452, subd. (d); RJN, Ex. A.) Defendant's request for judicial notce of plaintiff Ricardo Alexander Ocampo's first amended complaint is GRANTED. (Evid. Code, S 452, subd. (d); RJN, Ex. A.) Defendant's motion to stay is GRANTED. The Orange County Superior Court exe...

Excerpt: ...eminent domain action is DENIED as not relevant to a material issue before the Court. (People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422.) Plaintiff Sierra Northern Railway's moton for partial consolidation and phased trial is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE. (Code Civ. Proc., S 1048; Cal. Rules of Court, rule 3.350.) This Court grants the moton to consolidate cases CV2022-0479 and CV-2022-1546 based upo...

Excerpt: ...' demurrer on the ground that cross-complainant Sherwood Harbor Marina, LLC lacks capacity to sue is OVERRULED. A special demurrer to cross-complaint may be filed on the ground that the person who filed the pleading does not have the legal capacity to sue. (Code Civ. Proc„ S 430.10, subd. (b).) But capacity to sue is not a required element of any of the cross-complainant's causes of action and thus, the purported lack of capacity to sue is not ...

Excerpt: ... of defendant's motion. (Code Civ. Proc., S 437c, subd. (q).) The Court rules upon defendant's motion for summary adjudication as follows: The Court GRANTS defendant's moton as to the first cause of action in the second amended complaint ("SAC") for disparate treatment. (Code Civ. Proc., S 437c, subd. (f)(l).) The Court finds that defendant has met its initial burden of negating an element of this cause of action — that plaintiff was performing...

Excerpt: ...l 2 court days required for electronic servicel.) This motion needed to be filed on or before February 16, 2023, but was not filed until February 24, 2023. This motion needed to be served on or before February 14, 2023, but was not served until February 24, 2023. 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 notce is required. Sky Webb's mo...

Excerpt: ...g defendant's enforcement of the express arbitration provision found in the Retail Installment Sale Contract – Simple Finance Charge (“Sales Contract”) between plaintiff and Hanlees Chrysler Dodge Jeep Ram Kia (“Hanlees”). (Felisilda, supra, 53 Cal.App.5th 486, 495 – 499; Azemoon Decl., Exhibit A.) The Court finds that based upon the plain language of the Sales Contract, plaintiff expressly agreed to arbitrate her claims against a non...

Excerpt: ...st cause of action for harassment within plaintiff's verified second amended complaint (“SAC”) 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 plaintiff failed to exhaust administrative remedies as to Estrada. (Gov. Code, § 12960, subd. (c); Okoli v. Lockheed Technical Operations Co. (1995) 36 Cal.App.4th 1607, 1613; citing Martin v. Lockheed Mi...

Excerpt: ...agement conference. City of West Sacramento, Jesse Moore and County of Yolo's demurrer: The Court rules upon defendants City of West Sacramento, Jesse Moore and County of Yolo's (“defendants”) demurrer to plaintiff Gaven Zunie Mager's complaint as follows: The Court SUSTAINS WITH LEAVE TO AMEND defendants' demurrer to the third cause of action for negligence against defendant Moore. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff fails to ...

Excerpt: ...e lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Where insufficient notice has been served upon a tenant, an unlawful detainer complaint fails to state a cause of action. (See Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675.) Strict compliance with statutory notice requirements is a prerequisite to filing an unlawful detainer action. (DHI Cherry G...

Excerpt: ...r production nos. 16-18 (manuals and agreements) is GRANTED IN PART. RFP no. 16 is too broad in scope and is construed as all warranty claims policy and procedure manuals that would apply to the subject vehicle from 2020 to the present. General Motors LLC is directed to produce a privilege log identifying documents withheld on the grounds privilege or work product. Plaintiff's motion to compel further response to requests for production nos. 19-2...

Excerpt: ...herein. (Code Civ. Proc. § 437c, subd. (d); Evid. Code, §§ 403, subd. (a)(1) & (2), 702; see Tropeano Decl., ¶¶ 1 – 13.) The Court SUSTAINS plaintiff's objections 14 – 16 to the Declaration of Piero Tropeano on the ground the declarant failed to properly lay a foundation for/authenticate Exhibits B, C and E through G. (Evid. Code, §§ 403, subd. (a)(3), 1400; see Tropeano Decl., ¶ 14.) The Court SUSTAINS plaintiff's objection to Exhibi...

Excerpt: ...us, a demurrer will be sustained only where the pleading is defective on its face. (Ibid.) We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. (Ibid.) We accept the factual allegations of the complaint as true and also consider matters which may be judicially noticed. (Ibid.) Plaintiff's officer's verification substantially conforms with statutory requirements. (See...

Excerpt: ...ble only if the lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Where insufficient notice has been served upon a tenant, an unlawful detainer complaint fails to state a cause of action. (See Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675.) Strict compliance with statutory notice requirements is a prerequisite to filing an unlawful detainer action....

Excerpt: ...hicle that caused injury to plaintiff. (See Dodge Center v. Superior Court (1988)199 Cal.App.3d 332, 341; see also Blake v. Moore (1984) 162 Cal.App.3d 700, 706; CACI 724.) However, given Zipcar's concession, and plaintiff's argument that the requested documents could lead to the discovery of admissible evidence, Zipcar shall produce all documents regarding the termination of any Zipcar membership of any Zipcar member for violating Zipcar's polic...

Excerpt: ...ce. (Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 793.) Moving defendants have challenged jurisdiction by bringing a motion to quash. Plaintiff's opposition does not set forth that moving defendants were served by personal service, or that moving defendants were served by substitute service at any defendant's dwelling house, usual place of abode, or his usual place of business, or usual mailing address, or that moving def...

Excerpt: ...complaint, and all references to said Exhibits and/or “Attachments” in said complaint. Anti‐SLAPP Special Motion to Strike: The Court SUSTAINS defendants' evidentiary objections to the documents attached as Exhibit A to plaintiff's opposition. (Evid. Code, §§ 403, subd. (a)(3), 1200, 1400; See Sambrano v. City of San Diego (2001) 94 Cal.App.4th 225, 237.) The Court notes that even if the Court considered plaintiff's late‐filed request f...

Excerpt: ...¶ 1‐13, Exs. A‐J; plaintiff's separate statement; Code Civ. Proc., § 2031.310, subds. (b)(1), (2).) Code compliance Plaintiff argues that this Court should compel further response to multiple requests for production on the basis that defendants' responses do not comply with the requirements of the Discovery Act. The instant motion to compel further response pertains to requests for production of documents served June 15, 2022 and demanding ...

Excerpt: ... (Cal. Rules of Court, rule 3.1300(c) [proof of service of the moving papers must be filed no later than five court days before the hearing]; Code Civ. Proc., § 1005, subd. (b) [all moving papers must be filed and served 16 court days prior to the hearing, with an additional 5 court days required for mail service].) The Court also finds that petitioner has failed to provide a sworn declaration supporting the attorney's fees allegedly incurred. (...

Excerpt: ... to provide responses to form interrogatories – set one, and for sanctions; 2 of 3 • Motion to compel Shazia Jabeen to provide responses to special interrogatories – set one, and for sanctions; • Motion to compel Shazia Jabeen to provide responses to requests for production of documents – set one, and for sanctions; • Motion to deem admitted Muhammad Younas Malik's requests for admission, set one, to Ahsan Iqbal, and for sanctions; �...

Excerpt: ...s' Service (2000) 81 Cal.App.4th 39, 43; Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967.) The Court finds that plaintiff has failed to state any facts regarding an interest claimed by RD 2035 that is adverse to plaintiff's ownership and possession of the subject property sufficient to constitute this cause of action. (Code Civ. Proc., § 760.010, et seq.; South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 740; see West v. J...

Excerpt: ...here is another action pending between the same parties on the same cause of action. (Code Civ. Proc., § 430.10.) A demurrer tests the pleading alone, and not the evidence or the facts alleged. (Mitchell v. State Dept. of Public Health (2016) 1 Cal.App.5th 1000, 1007, as modified on denial of reh'g (Aug. 22, 2016).) Thus, a demurrer will be sustained only where the pleading is defective on its face. (Ibid.) We treat the demurrer as admitting all...

Excerpt: ...16‐18 (manuals and agreements) is GRANTED IN PART. RFP no. 16 is too broad in scope and is construed as all warranty claims policy and procedure manuals that would apply to the subject vehicle from 2016 to the present. Plaintiff's motion to compel further response to requests for production nos. 19‐29 (policies and procedures, training materials) is GRANTED. Plaintiff's motion to compel further response to request for production no. 30 (techn...

Excerpt: ...y Ins. Co. (2004) 116 Cal.App.4th 968, 994, as modified on denial of reh'g (Mar. 30, 2004).) In ruling on a demurrer, a court cannot consider the substance of declarations, matter not subject to judicial notice, or documents judicially noticed but not accepted for the truth of their contents. (Ibid.) Defendant asserts that the complaint is defective because it fails to define the property adequately and no drawing or map is attached to the compla...

Excerpt: ... proof because the consideration exception to the recreational use immunity statue applies. (Civ. Code, § 846, subd. (d)(2); Gordon v. Havasu Palms, Inc. (2001) 93 Cal.App.4th 244, 255; citing Ornelas v. Randolph (1993) 4 Cal.4th 1095, 1100; Pacific Gas & Electric Co. v. Superior Court (2017) 10 Cal.App.5th 563, 586 [payment of any consideration for permission to enter property for a recreational purpose abrogates the immunity under section 846 ...

Excerpt: ...inds that: (1) plaintiffs have established every element of the fourth cause of action in plaintiffs' second amended complaint against National for negligence; and, (2) National has failed to show that a triable issue of one or more material facts exists as to this cause of action, or a defense thereto. (Code Civ. Proc., § 437c, subd. (p)(1); Civ. Code, § 1714; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843; Ladd v. County of San ...

Excerpt: ...t, in May and June 2022, respectively, is not a sufficient excuse for the failure of the depositions at issue to have been taken in advance of the current trial date. (Lucas v. George T.R. Murai Farms, Inc. (1993) 15 Cal.App.4th 1578, 1586 [the decision to grant or deny a continuance is committed to the sound discretion of the trial court]; Beckman v. Waters (1911) 161 Cal. 581, 588 [denial of motion to continue trial was not an abuse of discreti...

Excerpt: ...)(2).) However, the Court finds that defendant has failed to meet its burden of proof on the remaining claimed costs in this category. (See Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 624.) Defendant's opposition to the instant motion fails to cite to the specific documents attached to defendant's memorandum of costs (“Memo) supporting the costs claimed, and the documents attached to the Memo fail to make any reference to the item(s) within the...

Excerpt: ...e of Peggy and Joe DeUlloa's Marital Trust's motion for entry of interlocutory judgment of partition and appointment of referee is DENIED. (Code Civ. Proc., § 872.710 et seq.) A co‐owner of property has an absolute right to partition unless barred by a valid waiver. (Orien v. Lutz (2017) 16 Cal.App.5th 957, 962.) The right of partition may be waived by contract, either express or implied. (LEG Investments v. Boxler (2010) 183 Cal.App.4th 484, ...

Excerpt: ...r negligence [incorrectly identified as the fifth cause of action] in their first amended complaint (“FAC”) 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 plaintiffs have failed to alleged facts sufficient to state this cause of action. (See Thomas v. Stenberg (2012) 206 Cal.App.4th 654, 662; Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal. 5th...

Excerpt: ...panel, the panel issued a report in which it found that petitioner violated the UC Davis Policy on Student Conduct & Discipline during an examination in a course she took during the Summer 2021 quarter. (Ibid.) On February 22, 2022, the director of the UC Davis Office of Student Support and Judicial Affairs issued a letter to petitioner indicating that the director was imposing sanctions on petitioner based upon a review of the hearing report. (I...

Excerpt: ...intiff's first cause of action [wrongful/constructive termination] within the verified first amended complaint (“FAC”) 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 this cause of action: (1) was solely brought against former defendant United Parcel Service (“UPS”); and, (2) cannot be maintained against Estrada as an individual/nonemployer d...

Excerpt: ...oup LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825.) The Court declines to rule on plaintiff's evidentiary objections to the declarations of Ed Medina, Ron Hayes, Renee Croswell and Brody Lorda, as the Court did not rely upon the paragraphs and corresponding exhibits challenged in determining the instant motion. The Court SUSTAINS plaintiff's objection to defendants' memorandum of points and authorities (“MPA”) on the ground that it exceeds...

Excerpt: ...ent or quit which overstates the rent due is ineffective and will not support an action for unlawful detainer. (Ernst Enterprises, Inc. v. Sun Valley Gasoline, Inc. (1983) 139 Cal.App.3d 355, 358.) Where, as here, forfeiture of the tenant's lease for non‐payment of rent is one of the objectives of the action, the exact amount of rent claimed to be due must be stated in the notice to pay rent or quit. (Baugh v. Consumers Associates, Limited (196...

Excerpt: ...tion by plaintiff is the legal equivalent of a judgment in plaintiff's favor. (Goodstein v. Bank of San Pedro (1994) 27 Cal.App.4th 899, 907, emphasis added.) Goodstein v. Bank of San Pedro does not establish a time limit to file a motion for attorneys' fees based upon a compromise agreement reached by the parties. The Court's file does not contain any entry of judgment, dismissal, or proof of service that notice of entry of judgment was served o...

Excerpt: ...he alternative summary adjudication. (Evid. Code, §§ 702, subd. (a), 800, 1200.) It is unnecessary for the Court to reach defendant's evidentiary objections in support of reply. (Evid. Code, §§ 1200, 403, 702.) Defendant's motion for summary adjudication as to the first cause of action (enticement of minors) is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he unlawful taking or withholding of a minor child from the custody of the pa...

Excerpt: ...der Continuing Trial, filed September 7, 2022.) That means the last day to have any discovery motion heard was September 19, 2022. (Code Civ. Proc., §§ 2016.060, 2024.020, subd. (a); see Pelton‐Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th , supra, at p. 1572.) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings. (Code Civ...

Excerpt: ...ank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that this cause of action: (1) was solely brought against former defendant United Parcel Service (“UPS”); and, (2) cannot be maintained against Estrada as an individual/nonemployer defendant. (Gov. Code, § 12926, 12940, subds. (a), (h); Lab. Code, §§ 98.6, 132a, 1102.5 and 6310; Jones v. Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158, 1162 – 1164 [individuals cannot be p...

Excerpt: ... no. 1 is OVERRULED. The Court declines to rule on plaintiffs' other objections as the evidence objected to is not relevant to the disposition of the instant motion. The Court also declines to rule on plaintiffs' objection to the declaration of Matthew Schroeder as the evidence objected to is not relevant to the disposition of the instant motion. The Court further declines to rule on defendants Covenant Care Courtyard, LLC (“Courtyard”), CTR ...

Excerpt: ...nts of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) In the first amended complaint (“FAC”), plaintiff alleges that defendants, as successors in interest to signatory The Money Store (“TMS”), failed to comply wi...

Excerpt: ...nd plaintiff Mark Wang, specifically the Engagement of Legal Services agreement (“Agreement”). (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236 [Pinnacle]; Compl., ¶ 7, Exhibit 1, ¶ 16.) The Court further finds that plaintiff Kevin Wang, in his capacity as a managing member/owner of Wang Brothers, is a party to the Agreement. (Compl., ¶¶ 1 – 3, 7, Exhibit 1, ¶ 16, Exhibit 4, pp. 5 – 6, ...

Excerpt: ...he motion.”].) The Court declines to rule on defendants' objections to the declarations of Dayna Weishaar and Robert Koehler as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) The Court, in its discretion, considers plaintiff's late‐filed reply in support of her motion for summary adjudication. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners A...

Excerpt: ...amination, or to proceed with it, or to produce for inspection any document,…the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (Code Civ. Proc., § 2025.450, subd. (a), emphasis added.) A motion under subdivision (a) shall be accompanied by a meet and conf...

Excerpt: ...ck Roofing, LLC v. Travelers Casualty and Surety Company of America (2019) 413 F.Supp.3d 1122, 1129; McAllister Bros., Inc. v. A & S Trans. Corp., (1980) 621 F.2d 519, 524; Harris v. TAP Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 – 381; see e.g., Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 226 [Pinnacle] [the fact that a person may have either chosen not to read or take the time to understand ...

Excerpt: ...)(2); Gov. Code, § 12940, subds. (a), (h).) Government Code section 12940(a) makes it unlawful for an employer to discharge a person because of their physical or mental disability. (Judicial Council Of California Civil Jury Instruction [“CACI”] 2540.) Section 12940(h) makes it unlawful for an employer to discriminate against a person because that person has opposed a practice forbidden under section 12940. (CACI 2505.) “An employer has tre...

Excerpt: ...ding express warranties. Section 1793.2(d)(2) applies when the manufacturer “is unable to service or repair” the vehicle. Plaintiff's first cause of action alleges that defendant failed to comply with section 1793.2(d)(2). (FAC, ¶¶ 16, 18, 20‐26.) Defendant argues, however, that section 1793.2(d)(2) does not apply because the subject vehicle was not a “new motor vehicle” under section 1793.22(e)(2). (Id., ¶ 7 [“On May 30, 2013, Pla...

Excerpt: ...lligible and fails to state facts sufficient to constitute any clearly identified cause of action. (Code Civ. Proc., § 430.30, subds. (a), (e), (f); see also Cal. Rules of Court, rule 2.112.) If there is a reasonable possibility that the defect can be cured by amendment, it is an abuse of discretion not to grant leave to amend. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The burden of proving such reasonable possibility is squarely on the plain...

Excerpt: ...reject late‐filed papers.”].) Defendant Costco Wholesale Membership, Inc.'s motion for attorneys' fees and costs is GRANTED IN PART. (Code Civ. Proc., § 473, subd. (b).) The Court finds the proffered hourly rates reasonable. (Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 1009 [“The court may rely on its own knowledge and familiarity with the legal market in setting a reasonable hourly rate.”]; Shepard decl., ¶¶ ...

Excerpt: ...rial, the Court finds that there is no contract upon which plaintiff may recover attorney's fees. (Code Civ. Proc., §§ 1032, subd. (a)(4), 1033.5, subd. (a)(10); 1717; See Friends of Spring Street v. Nevada City (2019) 33 Cal.App.5th 1092, 1104 [in determining whether a party is a prevailing party who can recover costs, the trial court determines whether the party succeeded at a practical level by realizing its litigation objectives and whether...

Excerpt: ... McAllister Bros., Inc. v. A & S Trans. Corp. (1980) 621 F.2d 519, 524; Harris v. TAP Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 – 381 [the party seeking arbitration bears the initial burden of demonstrating the existence of an arbitration agreement]; Bannister v. Marinidence Opco, LLC (2021) 64 Cal.App.5th 541, 545; see Espejo v. So. Cal. Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1062; see e.g., Pinnacle Museum Tower Assn. v. P...

Excerpt: ...s exceeding the maximum permitted number of pages. Plaintiff's motion for protective order against Thomas F. Rutaganira, Rachel Renno, and Foos Gavin Law Firm, P.C. is DENIED. (Code Civ. Proc., §§ 2030.090, 2031.060.) Plaintiff failed to show “a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., §§ 2016.040, 2030.090, subd. (a), 2031.060, subd. (a); Mitchell decl., ¶ 1; R...

Excerpt: ...t) or quit which may be enforced by summary legal proceedings, but this notice is valid and enforceable only if the lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) In the context of unlawful 2 of 4 detainers, courts have held that because of an insufficiency of the notice served upon a tenant, the complaint failed to state a cause of action and that the judgment entered...

Excerpt: ...ure on her discovery verification is invalid. (See, e.g., Cal. Rules of Court, rule 2.257; Hunt decl., ¶ 7, Exhibit C.) Further, defendant's response to request for production, no. 1, substantially complies with Code of Civil Procedure sections 2031.210(a) and 2031.220. (Code Civ. Proc., § 2031.310, subds. (a), (b)(1); Hunt decl., ¶ 7, Exhibit C.) Although plaintiff has shown good cause justifying the discovery sought by the demand, plaintiff ...

Excerpt: ...to the conduct of the litigation. (Code Civ. Proc., § 1033.5. subds. (c)(2) – (3).) 2. The motion to strike and/or tax costs as to deposition costs ($26,891.90) is GRANTED IN PART. (Code Civ. Proc., § 1033.5. subd. (a)(3)(A).) The Court finds that plaintiff has failed to meet his burden that the late cancellation fee ($570.00), pertaining to the deposition of plaintiff's expert Paul Herbert, was reasonable and necessary to the conduct of the ...

Excerpt: ...¶ 9.) Defendant failed to make all payments pursuant to the Court's December 29, 2021, order dismissing, without prejudice, the instant action and retaining jurisdiction pursuant to California Code of Civil Procedure 664.6, which was based upon the stipulation for settlement and entry of judgment (“Stipulation”) between the parties filed on December 27, 2021. (Mahfouz II Decl., ¶¶ 5 – 7, 9, Exhibit A.) However, as the parties did not exp...

Excerpt: ... the motion.”].) The Court declines to rule on defendants' objections to the declarations of Dayna Weishaar and Robert Koehler as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) The Court, in its discretion, considers plaintiff's late‐filed reply in support of her motion for summary adjudication. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners...

Excerpt: ...tted document are difficult to read. Regarding Exhibit 4 (“1967 putative agreement” among Alpine County and the South Tahoe Public Utility District, referred to in the cross complaint, without exhibits), it appears multiple pages/paragraphs have been omitted from the copy submitted to the Court. Regarding Exhibit 5 (“1973 agreement” among STPUD and USA, Bureau of Land Management, referred to in the 1967 agreement, without exhibits), there...

Excerpt: ... to the motion.”].) The Court does not reach plaintiff's objections to the declaration of Michael J. Perrotti, Ph.D. Also, the Court declines to rule on plaintiff's evidentiary objections to the video footage submitted by defendants Kenneth Paulson and Barbara Paulson (“defendants”). (Defendants' Compendium of Evidence [“COE”], Exhibit F.) Such evidence is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, ...

Excerpt: ...wer does not state facts sufficient to constitute a defense to the complaint. (Ibid.; Plaintiff's RJN, Exhibit A; Pang v. Beverly Hosp., Inc. (2000) 79 Cal.App.4th 986, 989–990; Murillo v. Superior Court (2006) 143 Cal.App.4th 730, 736.) Given defendant's admissions, the defects cannot be cured by amendment. (See Virginia G. v. ABC Unified School Dist. (1993) 15 Cal.App.4th 1848, 1852.) Plaintiff's request for costs is DENIED WITHOUT PREJUDICE....

Excerpt: ...responses to defendant's special interrogatories, set one. (Roy decl., ¶ 10; McCoy decl. ISO reply, ¶ 11.) As a result, defendant is no longer seeking further responses to many of its form interrogatories, set one. (McCoy decl. ISO reply, ¶¶ 11‐13.) Despite agreeing to supply further responses to the form interrogatories still at issue, plaintiff has not provided such responses. (Id., ¶ 15.) Further, plaintiff has not offered any justifica...

Excerpt: ...intiff has satisfied the requirements for mandatory relief under section 473(b). (Martin Potts & Associates, Inc., supra, 244 Cal.App.4th at p. 443; Withee decl.) Specifically, plaintiff's motion was accompanied by an attorney's affidavit attesting to his mistake, inadvertence, surprise, or 2 of 2 neglect, which caused plaintiff's case to be dismissed. (Code Civ. Proc., § 473, subd. (b); see, e.g., Withee decl., ¶¶ 2, 13.) It is irrelevant whe...

Excerpt: ... party at trial. (See Friends of Spring Street v. Nevada City (2019) 33 Cal.App.5th 1092, 1104 [in determining whether a party is a prevailing party who can recover costs, the trial court determines whether the party succeeded at a practical level by realizing its litigation objectives and whether the action yielded the primary relief sought in the case]; Statement of Decision, p. 17 (“SOD”).) 1. The motion to tax deposition costs ($6,311.75)...

Excerpt: ...at he has no right to a jury trial with regard to his cause of action based upon Health and Safety Code section 1278.5. (Plaintiff's Memorandum of Points and Authorities, p. 1.) Second, this Court concludes that the gist of plaintiff's cause of action based upon Business and Professions Code section 2056 is equitable, rather than legal, and that plaintiff therefore has no right to a jury trial on that cause of action. Under California law, the ri...

Excerpt: ...ess and Professions Code section 2056. SDH has not met its burden to show that a required element of plaintiff's first cause of action cannot be established. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849, as modified (July 11, 2001).) It is unnecessary to reach plaintiff's second cause of action as SDH has not established that it is 2 of 7 entitled to judgment as a matter of law. (Code Civ. ...

Excerpt: ...923.5 is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that plaintiffs Maricela Sanabria and Miguel Sanabria have alleged facts sufficient to state this cause of action. (Civ. Code, § 2923.5; Barrionuevo v. Chase Bank, N.A. (2012) 885 F.Supp.2d 964, 975 – 977, Compl., ¶¶ 13, 22, 23, Exhibit D.) Defendants' demurrer as to the second cause of action for violation of Civil Code section 2924(a)(1) is SUSTAINED WITHOUT LEAVE...

Excerpt: ...30.10, subd. (f).) As a prerequisite to filing an unlawful detainer action, a tenant must be served with either three, 30, or 90 days' notice, depending on the individual's status as a tenant. (Code Civ. Proc., §§ 1161, 1161a, 1161b; The Bank of New York Mellon v. Preciado (2013) 224 Cal.App.4th Supp. 1, 6.) The notice served upon defendants is not fatally uncertain as it provides sufficient 3‐day notice based upon defendants' legal status as...

Excerpt: ...ges and finds that [Pruco] is guilty of malice, oppression, or fraud in accordance with Section 3294.” (See also Torres v. Automobile Club of So. California (1997) 15 Cal.4th 771, 777–779.) However, Pruco has failed to establish that this Court should bifurcate the entire punitive damages portion of the trial from the liability portion of the trial. (See Code Civ. Proc., § 3295; Evid. Code, § 352.) Pruco's motion to bifurcate breach of cont...

Excerpt: ...r, and address of the person to whom the rent payment shall be made, and if payment may be made personally, the usual days and hours that person will be available to receive the payment. (Code Civ. Proc., § 1161(2).) Moving defendants have not shown that the Court lacks subject matter jurisdiction or that the complaint is fatally uncertain merely because the 3‐day notice to pay rent or quit provided optional in‐person payment terms and also ...

Excerpt: ...ek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825 [“Any matter to be judicially noticed must be relevant to a material issue.”].) Plaintiff Sierra Northern Railway's objections to defendants' request for judicial notice are DENIED AS MOOT, given this Court's ruling on defendants' request for judicial notice. Defendants' demurrer to the complaint is OVERRULED. (Code Civ. Proc., § 430.10, subds. (a), (e).) Defendants demur to pla...

Excerpt: ...z, Jr.'s third cause of action for premises liability is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that plaintiffs have sufficiently alleged facts to state this cause of action against Courtyard and CTR. (Kesner v. 2 of 4 Superior Court (2016) 1 Cal.5th 1132, 1159, internal citations omitted; See Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619; Vasquez v. Residential Investments, Inc. (2004) 118...

Excerpt: ....) The Court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown. (Code Civ. Proc., § 2032.320, subd. (a).) Sun Growers has shown good cause for the proposed defense examination. Plaintiff has placed her mental state in controversy by claiming severe emotional distress. (Complaint, ¶ 33; see Vinson v. Superior Court (1987) 43 Cal.3d 833, 839.) With regard to the standard diagnostic testing ...

Excerpt: ...demurrer to the complaint as to the first cause of action (violation of Civil Code section 2923.6(c)) is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) Civil Code section 2923.6(c) prohibits a mortgage servicer or beneficiary from recording a notice of default or notice of sale, or conducting a trustee's sale “while the complete first lien loan modification application is pending.” However, plaintiff's complaint does ...

Excerpt: ... rule 8.278(d)(1)(D).) Accordingly, this Court cannot determine (a) how much of the requested costs are recoverable and (b) if such recoverable costs are reasonable. (Ibid.) 2. As to item no. 10 for attorney's fees ($1,000.00), petitioner has not filed a noticed motion to claim attorney's fees on appeal as required. (See Cal. Rules of Court, rule 8.278(d)(2), 3.1702(c).) Further, based on the record before the Court, petitioner was never represen...

Excerpt: ...f has failed to show “a reasonable and good faith attempt at an informal resolution” of the discovery dispute prior to filing the instant motion. (Code Civ. Proc., §§ 2016.040, 2031.310, subd. (b)(2); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) The Court finds that plaintiff's meet and confer efforts were insuffic...

Excerpt: ...cted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.” (Ibid.; Castro v. Superior Court (2004) 116 Cal.App.4th 1010, 1018.) Based on the evidence before the Court, the Court does not find that plaintiffs acted with substantial justification or that the imposition of attorneys' fees and costs would be unjust. (Taylor decl., ¶ 2, Exhibit A.) Accordingly, defendants are entitled t...

Excerpt: ...6.040, 2025.450, subd. (b)(2); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) The Court finds that respondent's meet and confer efforts were insufficient to meet the requirements of Code of Civil Procedure section 2016.040. (See Townsend, supra, at p. 1439 [a reasonable and good faith attempt at informal resolution entails...

Excerpt: ...e specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Title 24 Code of Federal Regulations part 5.2005 requires a covered housing provider to provide to each of its tenants the notice of occupancy rights under the Violence Against Women Act (“VAWA”) and certification form with any notification of eviction. (24 C.F.R. § 5.2005(a)(2)(iii).) A notice to pay rent or quit served by a covered housing provide...

Excerpt: ...ribed notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Where forfeiture of the tenant's lease for non‐ payment of rent is one of the objectives of the action, the exact amount of rent claimed to be due must be stated in the notice to pay rent or quit. (Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 674.) Where notice is insufficient, a complaint fails to state a cause of action. (See Baugh v. Consumers Ass...