Excerpt: ...ests for judicial notice are DENIED. Exhibits nos. 17‐19 are not part of the Court's file and defendants have not provided the Court with a copy of the material. (Ibid.) Defendants' motion to set aside void defaults and default judgments is GRANTED. (Code Civ. Proc., § 473, subd. (d).) The judgment is void on its face as the proofs of service show that defendants Perice Sibley and Capital Mailing Services, Inc. were not served with an amended ...

Excerpt: ...rmane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) Gillette, as trustee's motion for summary adjudication on plaintiff Protech Services, Inc.'s (“Protech”) sixth and fourteenth causes of action for fraud/concealment and computer hacking against the trust in the Yolo County Superior Court action (“Yolo action”) is DENIED. (Code Civ. Proc., § 437c, subd. (f)(1).) Res judicata and collateral estoppel cann...

Excerpt: ...660‐661.) County of Yolo, and its subsidiary entities, have absolute immunity under Government Code section 844.6. If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rule of Court 3.1312 or further notice is required. ...

Excerpt: ...'s determination of petitioners' petition for writ of mandate. (People, supra, 4 Cal.4th at p. 268, fn. 6.) Petitioners' motion to augment alleged administrative record is DENIED. Petitioners have failed to provide sufficient legal authority to overcome the well‐recognized rule, which limits the Court's review to the administrative record. (San Joaquin County Local Agency Formation Commission v. Superior Court (2008) 162 Cal.App.4th 159, 167; W...

Excerpt: ...480‐ 8488.) It also strikes $1,882.50 of the attorneys' fees for Sims, Lawrence and Arruti not related to the preparation and prosecution of the petition to release mechanic's lien and awards a total of $6,180.00 in attorney's fees. (Ibid.) The attorneys' fees shall be paid by Defendant to Plaintiff by December 31, 2019. The Court taxes the cost the of $32.85 for the certified copy to United Bakery and awards $786.15 in costs to Plaintiff. Defe...

Excerpt: ...ndant's request for monetary sanctions against plaintiff is GRANTED in the amount of $400.00. (Code Civ. Proc., §§ 2023.010, subd. (i) & 2023.020; Lafayette decl., ¶ 13.) The Court declines to award monetary sanctions for time not yet incurred. Further, sanctions are only awarded for Mr. Lafayette's time spent on the opposition because Ms. Garcia and Mr. Chun have not filed declarations substantiating their time. Mr. Lafayette's statements abo...

Excerpt: ...de of Civil Procedure section 2025.280, subdivision (a) a deposition notice can only be served on a party to the action. The District Attorney is not a party to the action. The motion to quash the deposition subpoena for personal appearance and production of documents of the person most knowledgeable, Yolo County District Attorney's Office is GRANTED IN PART. The deposition of the Yolo County District Attorney, and all of its agents, employees, o...

Excerpt: ...st, and defendant has not shown that such costs are reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (c)(4); Nelson v. Anderson (1999) 72 Cal.App.4th 111, 132.) 2. The motion to tax deposition costs is DENIED. This is an allowable cost, and plaintiff fails to demonstrate that the costs incurred were not reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5, subd. (a)(3)...

Excerpt: ... There are issues of fact as to whether the alleged acts engaged in by defendants are personnel actions. (FAC, ¶¶ 21, 22, 31, 36, 38, & 41; Sheppard v. Freeman (1998) 67 Cal.App.4th 339, 346.) Defendants' demurrer to the sixth cause of action for intentional infliction of emotional distress is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Defendants fail to demonstrate that the conduct alleged is not extreme and outrageous as a matter of ...

Excerpt: ...en the Court's order granting the motion to compel arbitration and stay the action. (Code Civ. Proc., § 1281.4.) Plaintiff Ron Prasad cites no legal authority supporting a right to conduct discovery after arbitration has been compelled and the action has been stayed. (Titan/Value Equities Group, Inc. v. Sup. Ct. (1994) 29 Cal.App.4th 482.) Proceedings on defendant J.W. Logistics, LLC's demurrer to plaintiff's complaint are STAYED pending complet...

Excerpt: ... first amended complaint is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) In order to rely on the discovery rule for delayed accrual of a cause of action, “[a] plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rule must specifically plead facts to show (1) the time and manner of discovery; and (2) the inability to have made earlier discovery despite reasonab...

Excerpt: ...dant were reasonable and in good faith. (Code Civ. Proc., § 2016.040.) Plaintiff Brian Scaccia's motion to compel further responses to requests for production, set one, from defendant Daniel Kennedy, M.D. is DENIED AS MOOT. Defendant states that amended 5 of 5 responses have been served. (Code Civ. Proc., § 2030.290, subd. (a).) Monetary sanctions are DENIED. (Code Civ. Proc., § 2030.290, subd. (d).) Defendant told plaintiff that amended respo...

Excerpt: ... nos. 1, 6‐13, 18‐21, 23, 24, 26, 29‐31, 34, 37, 41 & 42 to the declaration of Alma Ponce are SUSTAINED. The remainder of the objections are OVERRULED. The Court does not consider any evidentiary objections made within plaintiffs' response to defendant's separate statement, as they do not comply with California Rule of Court 3.1354. The Court also disregards any disputes to defendant's separate statement which do not cite the evidence relie...

Excerpt: ...m and has thereby admitted they are conforming. As they are conforming, no breach has been established. (Complaint, Exh. A, p. 2 (Buyer's Right to Inspection).) Defendant's demurrer to the second cause of action for breach of express warranty is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) While the contract disclaims express warranties, there is a factual issue as to whether other language in the contract creates an express warranty. (Kei...

Excerpt: .... and Monticello Farming, LLC's (“plaintiffs”) demurrer to the cross complaint filed by defendants and cross‐ complainants Applied Underwiters, Inc., California Insurance Company and Applied Underwriters Captive Risk Assurance Company, Inc. is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiffs fail to persuade the Court that, based on the cited legal authority, the Court should find the entirety of the RPA illegal and unenforcea...

Excerpt: ...n Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 316.) Defendant's request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).) Defendant's motion to compel the joinder of third party Amy Edwards is DENIED. (Code Civ. Proc., § 389, subd. (a).) Defendant fails to show in Ms. Edwards's absence, complete relief cannot be accorded among those already parties, or that she claims an interest relating to the s...

Excerpt: ...ablished if answers are not received by a specified date, often accompanied with costs and fees to the moving party. It is only when a party persists in disobeying the court's orders that the ultimate (“doomsday”) sanctions of dismissing the action or entering default judgment, etc. are justified. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796; Lopez v. Watchtower Bible & Tract Soc. of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) Defend...

Excerpt: ...ity to support the requirement that discovery responses must include evidentiary facts. (See Cal. Rules of Court, rule 3.1345.) Plaintiff's objections to the reply declarations in support of defendants' motion to quash are SUSTAINED, and the declarations attached to defendants' reply are STRICKEN. Defendants may not include new evidence not included in plaintiff's original moving papers in a reply. (Code Civ. Proc., § 1005, subd. (b).) Defendant...

Excerpt: ... (a).) On a motion to compel, the burden is on the objecting party to sustain the objection by detailed evidence showing precisely how much work is required to answer; conclusionary statements are not sufficient. (West Pico Furniture Co. of Los Angeles v. Sup. Ct. (1961) 56 Cal.2d 407 [declaration by manager that search of 78 branch offices would be required was insufficient; should show hours required].) Because defendants do not supply supporti...

Excerpt: ...(San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 316.) Defendant's request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).) Defendant's motion to compel the joinder of third party Amy Edwards is DENIED. (Code Civ. Proc., § 389, subd. (a).) Defendant fails to show in Ms. Edwards's absence, complete relief cannot be accorded among those already parties, or that she claims an interest relating to th...

Excerpt: ...ainder of the objections are OVERRULED. The Eskaton defendants' motion for summary judgment is DENIED. (Code Civ. Proc., § 437c, subd. (a)(1).) There are triable issues of material fact as to whether the parking block was an unsafe condition and whether the condition was obviously unsafe. (CACI 1000, 1003, 1004; Osborn v. Mission Ready Mix (1990) 224 Cal.App.3d 104, 121; Plaintiff's Separate Statement of Undisputed Facts 4, 5, 8, 9, 13, 15, 17, ...

Excerpt: ...tice is DENIED. (Evid. Code, § 452.) The subject documents are extra‐record documents. Petitioner did not give all parties notice of her intention to cite or rely upon any extra‐record documents. (Stipulation and Order, October 22, 2018, ¶ 6.) Petitioner's first amended verified petition for writ of mandate is DENIED. (Pub. Resources Code, §§ 21168, 21168.5.) The Court finds as follows: A. The Project is not exempt from the California Env...

Excerpt: ...cation was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. An affidavit has not been submitted. Furthermore, defendant has not provided a sufficient explanation for not citing the statute in its original motion. (California Correctional Peace Officers Assn. v. Virga (2010) 181 Cal.App.4th 30, 45‐48; Baldwin v. Home Savings of America (1997) 5...

Excerpt: ... court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”) Plaintiff states in his “non‐opposition” that “[t]here is correspondence not before this Court stating that Plaintiff was and is cooperating with...

Excerpt: ...de “only material facts and not any facts that are not pertinent to the disposition of the motion.” (Cal. Rules of Court, rule 3.1350(d)(2), emphasis added.) If a triable issue is raised as to any of the facts in a separate statement, the motion must be denied. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) Plaintiff has shown that a triable issue of one or more material facts exists as to this cause of action. (UMF 7, 8, &...