Excerpt: ...y) causes of action in plaintiff Gaven Zunie Magers' first amended complaint (“FAC”). (Code of Civ. Proc., § 437c, subds. (f)(1), (p)(2).) The Court finds that defendants have met their burden of showing that plaintiff's negligence cause of action against Moore has no merit. (Ibid.) The e lements of a cause of action for negligence are: (1) a legal duty to use due care; (2) breach of such duty; and (3) the breach was the proximate or legal c...

Excerpt: ...dicial notice as to Exhib its 1 – 5 and 7 – 11 is GRANTED; however, while the Court may take judicial notice of the legal effect of these documents, the Court declines to take judicial notice of the truth of matters stated therein. (Evid. Code, §§ 452, subds. (g), (h), 453; see Sco tt v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754 -755; see also Love v. Wolf (1964) 226 Cal.App.2d 378, 403.) The Court rules on Defendants' demur...

Excerpt: ...lameda (2013) 21 6 Cal.App.4th 161, 174 -175; Salud Decl., ¶¶ 3 – 5.) The Court further finds that there are no grounds contained within the writ for the Court to consider the motion, much less provide the relief requested. (Cal. Rules of Court, rule 3.1113(b); see Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 934; citing Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 52 [where a motion is supported by ...

Excerpt: ...for judicial notice; however, while the Court may take judicial not ice of the legal effect of these public documents, the Court declines to take judicial notice of the truth of matters stated therein. (Evid. Code, §§ 452, subd. (h), 453; see Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754 -755; see also Love v. Wolf (1964) 226 Cal.App.2d 378, 403.) • The Court DENIES HOA's request for judicial notice submitted with its rep...

Excerpt: ...ee 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 permissive form must be relevant to a material issue].) Th e Court declines to rule on plaintiff Deann M. Riley's objections to evidence as the evidence objected to is not germane to the disposition of Universal's motion for summar...

Excerpt: ...and costs. (Ibid.; Pfeiff er Venice Properties v. Bernard (2002) 101 Cal.App.4th 211, 215.) “In determining the fee award pursuant to section 425.16,” this Court utilizes the lodestar method. (Jackson v. Yarbray (2009) 179 Cal.App.4th 75, 93.) Based on its knowledge and familiarit y with the Yolo County legal market, the Court finds that $400.00/hour is a reasonable rate for Ms. MacGregor and Ms. Jackson, $350.00/hour is a reasonable rate for...

Excerpt: ...ad litem for minors J.A., A.J., and N.J. Hazelwood and motion to strike as follows: Demurrer The Korda defend ant's demurrer to the first cause of action (fraudulent inducement) is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) Code of Civil Procedure section 338(d) provides for a three -year statute of limitations for an action based upo n fraud or mistake. (Code Civ. Proc., § 338, subd. (d).) The Court finds the lat...

Excerpt: ...r judicial notice as to Ex hibits 1 – 5 and 7 – 11 is GRANTED; however, while the Court may take judicial notice of the legal effect of these documents, the Court declines to take judicial notice of the truth of matters stated therein. (Evid. Code, §§ 452, subds. (g), (h), 453; see Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754 -755; see also Love v. Wolf (1964) 226 Cal.App.2d 378, 403.) The Court rules on Defendants' de...

Excerpt: ... Roberto Carlos T orres and Luis Gonzalez's request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The documents are irrelevant to the Court's determination of this motion. (Malek Media Group LLC, supra, 58 Cal.App.5th at p. 825.) Defendants' objections to plaint iffs' request for judicial notice are OVERRULED AS MOOT, as the Court is denying plaintiffs' request for judicial notice. Defendants' supplemental request for judicial notic...

Excerpt: ..., ru le 3.1320, subd. (a); Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193 [the trial court may construe a pleading labeled as one type of motion to be a different type of motion].) Defendant's request for judicial notice is GRANTED. (Evi d. Code, §§ 452, subd. (d), 453.) The Court notes that defendant has failed to file a declaration identifying the parties' attempt(s) to meet and before the filing of this demurrer, as r...

Excerpt: ...p. (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 permissive form must be relevant to a material issue].) The Court propo ses to take judicial notice of the dates of enactment of 33 U.S.C. sections 701c -1 (Hune 28, 1938), 703 (March 1, 1917) and 704 (May 15, 1928.) (Evid. Code, §§ 452, subd. (a), 455, subd. (a).)...

Excerpt: ...ourt to present to the Court informati on 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/cross -complainant Thomas Rutaganira's (“defendant”) request for judicial notice is GRANTE D. (Evid. Code, §§ 452, 453.) Defendant's motion for terminating sanctions, or in the alternative, issue sanctions is GRANTED. (Code Civ. Proc., §§...

Excerpt: ... in a reply brief. (:igh Sierra Rural Alliance v. County of Plumas (2018) 29 Cal.App.5th 102, 112 fn. 2.) The rule is that points raised in the reply brief for the first time will not be considered, unless good reason is shown for failure to present th em before. (=bid.) Mendoza v. Trans Valley Transport (2022) 75 Cal.App.5th 748, 770 [an issue not adequately raised in moving papers is forfeited]. Defendants' demurrer to plaintiff Erika Krebs' fi...

Excerpt: ...on CalST RS' motion to compel plaintiff's further responses to requests for production of documents, set one, as follows: • CalSTRS' motion as to request nos. nos. 1, 2, 4, 5, 7, 10, 11, 13 – 17, 19 – 30, 33, 38, 39, 57, 70 – 74 and 77 -80 is GRANTED. (Code Civ. Pro c., § 2031.310, subd. (a)(3).) The Court finds that the requested information is reasonably calculated to lead to the discovery of admissible evidence and plaintiff's object...

Excerpt: ...t Company, LLC's demurrer: Petrovich Development Company, LLC's (“Petrovich”) request for judicial notice as to Exhibit A is GRANTED. (Evid. Code, §§ 452, subd. (d), 453.) Petrovich's request as to the remaining items are DENIED as they are not relevant to the C ourt's determination of this demurrer. (Evid. Code, §§ 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 ...

Excerpt: ...Court, rule 3.1354.) The Court finds that: (1) Madeline E. Miller does not have personal knowledge of the contents of Exhibits C, F, I – K, M and O – S, attached to her declaration; (2) Timothy G. Yeung does not have personal knowledge of the contents of Exhibi t A, attached to his declaration; (3) Israel Herrera does not have personal knowledge of the contents of Exhibit A, attached to his declaration; and (4) these documents contain one or...

Excerpt: ... counts (Whaley Note). In their moving papers, plaintiffs state: “Concurrent with this Motion, Plaintiffs are filing a Request for Dismissal without Prejudice as to their Third and Fourth Causes of Action for Common Counts.” (Memo. Pts. & Auths., p. 1.) However, the Court's file contains no request for dismissal as to the third and fourth causes of action, and plaintiffs do not address these causes of action in their motion. (Code Civ. Proc...

Excerpt: ... in his declaration. (Ibid.; Mink v. Superior Court (1992) 2 Cal.App.4th 1338, 1342 , citation omitted [“[T]he party seeking reconsideration must provide not only new evidence but also a satisfactory explanation for the failure to produce that evidence at an e arlier time.”]; In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468 [“…facts of which the party seeking reconsideration was aware at the time of the original ruling are not “...

Excerpt: ... Webb's moti on to compel further responses to special interrogatories, set one, as to nos. 21, 56, 63, and 65 -67 is DENIED AS MOOT. (Code Civ. Proc., § 2030.300.) On July 12, 2024, defendant served amended responses to these requests. (Cravens decl., ¶ 25, Exhibit X.) Plaintiff's motion to compel further responses to special interrogatories, set one, as to nos. 23, 24, and 26 is DENIED. (Code Civ. Proc., § 2030.300.) Plaintiff has failed to ...

Excerpt: ... 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 defendants' demurrer to plaintiff Gloria Garcia's verified first amended complaint (“FAC”), as follow s: • Defendants' demurrer on the ground of lack of capacity to sue is OVERRULED. (Code Civ. Proc., § 430.10, subds. (b).) The Court finds that the allegations defendants rely on in t...

Excerpt: ...ral form interrogatories and employment form interrogatories as follows: CalSTRS' motion as to interrogatory numbers 2.12, 6.6, 10.1, 12.6, 204.2, 207.2, 208.2 and 210.6 is GRANTED. (Code Civ. Proc., § 2030.300.) The Court finds that plaintiff has failed to justi fy his failure to provide full and complete responses to these interrogatories and/or to justify his objections to said interrogatories. (Code Civ. Proc., §§ 2030.210, 2030.220, 2030...

Excerpt: ...2024 , at 3:00 p.m. at 2150 Appian Way, Suite 100, Pinole, California. (Bangle decl., ¶ 8.) Defendant will reimburse plaintiff for all reasonable expenses and costs associated with traveling to and from the medical examination. (Id., ¶ 9.) The nature, scope , conditions, and manner of examination are as follows: • The examining physician will ask, and plaintiff shall answer, questions relating to the nature and extent of the injuries alleged ...

Excerpt: ...rs, Inc. (2017) 17 Cal.App.5th 806, 820, fn. 5.) 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).) Motion to strike amendment to complaint: Defendants Ronald Y. Chaung, Linda F. Chaung and Ted K. Cha...

Excerpt: ...person most qualified (“PMQ”) regarding staffing and acuity levels is GRANTED as to RPD nos. 1 – 12, 20 – 23, and 25 – 31. (Code Civ. Proc., §§ 2025.450, 2025.480.) The Court finds plaintiffs have shown good cause justifying the production of the documents des cribed in the amended notice of deposition for the time period of one year before Gerald Gibbon's (“Mr. Gibbons”) residence at Courtyard to six months after Mr. Gibbons' r...

Excerpt: ... to consti tute a cause of action for fraud given that plaintiff alleges that there are “various misrepresentations of fact or false promises” made by defendant but only identifies one alleged misrepresentation made by Alex Duncan. (Philipson & Simon v. Gulsvig (2007 ) 154 Cal.App.4th 347, 362 [“Fraud is required to be pleaded with specificity.”]; Lazar v. Superior Court (1996) 12 Cal.4th 631, 638; see Committee on Children's Television...