Excerpt: ...l., 4 — 11, Exhibits A— F.) Zero Net Energy Alliance, Inc. shall prov-de a verified response to plaintiffs discovery request, without objections, by July 1, 2023. 2 of 3 Plaintiff's request for sanctons is GRANTED IN PART in the amount of $720M. (Code Civ. Proc., SS 2023.030, subd. (a), 2031.3[n, subd. (c); Cal. Rules of Court, rule 3.1348; Pleau-Fuller Decl., '1 11.) The Court declines to award sanctions for time not yet incurred. If no hear...

Excerpt: ...Dist. (1992) 2 Cal.4th 962, 967; Jones v. Awad (2019) 39 Cal.App.5th 1200, 1207 [the elements of a cause of action for premises liability are the same as those for negligencel.) The Court finds that plaintiffs' complaint fails to state facts sufficient to constitute a cause of action for premises liability. (Donnell v. California Western School of Law (1988) 200 Cal.App.3d 715, 725 — 726; See Rakestraw v. California Physicians' Serv. (2000) 81 ...

Excerpt: ...round that the memorandum of costs was filed prematurely. 2 of 2 2. Regarding defendant's deposition costs, service of process, and fees for electronic filing or service, this Court DENIES the motion to tax costs. These are all allowable costs. (Code Civ. Proc., S 1033.5, (a)(3)(A), They were also incurred, reasonably necessary to the conduct of the litigation, and reasonable in amount. (Code Civ. Proc., S 1033.5, subd. (c).) 3. Regarding defenda...

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: ...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: ...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: ...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 ...