Excerpt: ...d not consider the evidence to in making its ruling. Defendants Schilling Robotics, LLC ("Schilling") and FMC Technologies, Inc.'s ("FMC") objections to plaintiffs' evidence as to the declaration of Roy K. Suh nos. 17- 21 are SUSTAINED. The Court declines to rule on the other objections because the Court did not consider the evidence objected to in making its ruling. This Court does not consider the evidence submitted with plaintiffs Veronica Gar...

Excerpt: ...vacates its order denying the petition for writ of administrative mandamus and enters a new judgment granting the petition and (2) remands the matter back to the University for further proceedings consistent with the opinion by the Third District Court of Appeal. (See remittitur to trial court clerk, filed December 28, 2022; Hampton v. Superior Court in and for Los Angeles County (1952) 38 Cal.2d 552, 655—656 ["The trial court is empowered to a...

Excerpt: ...decline to consider any argument or legal authority found in pages exceeding the maximum permitted number of pages. Motion to compel further responses to special interrogatories: Petitioner's motion to compel further responses to special interrogatories, set one, is DENIED. (Code Civ. Proc., S 2030.300, subd. (a).) Petitioner has failed to make an adequate showing that the discovery requests at issue are likely to aid in the resolution of the par...

Excerpt: ...2020) 58 Cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2WO) 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 issuel.) Defendants' demurrer to first amended complaint of plaintiff State of California, by and through the Department of Water Resources is SUSTAINED and the case is DISMISSED WITHOUT PREJUDICE. (Code Civ. Proc., SS 389, s...

Excerpt: ...an open book account aga-nst defendant Davis Williams Adams aka Davis W. Adams, and defendant has failed to show that a triable issue of one or more material facts exists as to this claim or a defense thereto. (Code Civ. Prw SS 337a, 437c, subds. (b)(3), (p)(l); Aguilar, supra, 25 Cal.4th at p. 862; Lyons v. Security Pacific National Bank (1995) 40 Cal.App.4th l[nl, IW5 — Interstate Group Administrators, Inc. v. Cravens, Dargan & Co. (1985) 174...

Excerpt: ...ithout leave to amend defendant Hotel Winters, LLC's demurrer and (2) dismissing defendant Hotel Winters, LLC from this case, matters embraced by plaintiff's pending appeals. As such, the portion of plaintiff's moton challenging those orders of January 25, 2023, and February 15, 2023, is STAYED PENDING APPEAL. Plaintiff also seeks to challenge the orders made by Judge Mock on June 23, 2023. Multiple orders were made on that date. Plaintiff has no...

Excerpt: ... reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., S 1033.5, subds. (c)(2) & (3); Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) The costs were incurred to collect, review and documents in response to petitioners' Public Records Request — so that petitioners could prepare the administrative record. (See Coalition for Adequate Review v. City and County of San Francisco (2014) 229 Cal.App.4th 1043, 1055 [a petition...

Excerpt: ...rder pursuant to California Rules of Court, rule 3.1312 or further notice is required. Byrd's motion: On the Court's own motion, cross-defendant Justin Byrd's ("Byrd") motion for attorney's fees and costs is CONTINUED to September 7, 2023, at a.m. in Department 11. Byrd is DIRECTED to billing records and/or invoices from Scott Radcliffe in support of the claimed attorney's fees, and a supporting supplemental declaration from Mr. Radcliffe, which ...

Excerpt: ...aintiff timely filed its opposition without objecting to this deficiency. The Court deems this deficiency waived. Defendants' request for judicial notice is DENIED. (Evid. Code, SS 452, 453.) The proffered documents are not relevant to the Court's determination of this motion. (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.) Defendants' motion for summary judgment or, in...

Excerpt: ...he Court finds that defendants were the prevailing party on the second and third causes of action [for fraud and negligent misrepresentation, respectively), only, within plaintiff West Sacramento Hospitality, LLC's complaint. (Civil Code, S 1717, subd. RJN, Exhibits A, B; Folsom Decl., Exhibit D, '1 24.) However, defendants fail show that their 75%-25% apportionment within the billing records [for work performed to defend against plaintiff's comp...

Excerpt: ...of action for products liability - design defect — is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (d); Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 952, 967.) The Court finds that plaintiffs have failed to allege the requisite elements of this claim; thus, the FACfails to allege facts sufficient to constitute a cause of action against Braun for products liability — design defect. (Code Civ. Proc., S 430.10, subd. (d)...

Excerpt: ... "a trial court has broad discretion to accept or reject late-filed papers."]; Code Civ. Proc., S 437c, subd. (b)(2).) Plaintiff Julie Su, State Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California's request for judicial notice is GRANTED. (Evid. Code, SS 452, 453.) Defendants' objections to plaintiffs request for judicial notice are OVERRULED. (See Evid. Code, SS 1200, 702, 800, 140...

Excerpt: ...rt case number 34-2020- • on July 14, 2020, in case No. CV-2020-948, Nazia and Malik filed a complaint for financial elder abuse, civil suit for fraud, and forgery against defendants Shazia, Mohsan, Sadia Naseem ("Sadia"), and Ahsan (collectively "defendants"). This complaint was also filed on behalf of Zafar Iqbal. • On January 8, 2021, the Sacramento Superior Court transferred the 00280149 case to this Court. Upon receipt, this Court labele...

Excerpt: ... broad discretion to accept or reject late-filed papers."]; Code Civ. Proc., S 437c, subd. (b)(2).) Plaintiff Julie Su, State Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California's request for judicial notice is GRANTED. (Evid. Code, SS 452, 453.) Defendants' objections to plaintiff's request for judicial notice are OVERRULED. Defendants' objections to evidence in support of oppositi...

Excerpt: ...judgment. (See Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410; Armando Ortega decl., '1 2; Priscilla Ortega decl., '1 2; Payravi decl., pp. 1-2, Exhibits 1-3.) Second, based on the evidence before the Court, the default and default judgment were taken against defendants as the result of their mistake and excusable neglect. (Barat v. Baratti (1952) 109 Cal.App.2d 917, 921; Code Civ. Proc., S 473, subd. (b); see also Lasalle v. Vogel (2...

Excerpt: ...ents attached thereto. (Evid. Code, SS 452, 453.) Defendant's request for judicial notice file with defendant's reply is DENIED. (Evid. Code, SS 452, 453.) New arguments may not be raised for the first time in a reply brief. (High 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 pr...

Excerpt: ...quests for production of documents, set one, is DENIED. (Code Civ. Proc., SS 2030.290, 2031.300, 2033.280.) "A separate statement is not required...[w]hen no response has been provided to the request for discovery..." (Cal. Rules of Court, rule 3.1345(b).) But, here, plaintiff did provide responses to the discovery and therefore, defendant must file a moton to compel further discovery with a separate statement. (See cal. Rules of court, rule 3.13...

Excerpt: ....4th 415, 422.) Defendant Covenant Care Courtyard's motion to strike is DENIED. (Code Civ. Proc., SS 435- 437.) Standing requirements will vary from statute to statute based upon the intent of the Legislature and the purpose for which the particular statute was enacted. (Blumhorst v. Jewish Family Services of Los Angeles (2005) 126 Cal.App.4th 993, 1000.) We turn to section 1430, subdivision (b). (Nevarrez v. San Marino Skilled Nursing & Wellness...

Excerpt: ...sonable attorney's fees. Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (Code Civ. Proc„ S 1032, (b).) The statute defines "prevailing party" as including "a defendant in whose favor a dismissal is entered...." (Code Civ. Proc., S 1032, subd. (a)(4).) Hotel Winters is a preva-ling party as a defendant in whose favor a dismissal was entered. The...

Excerpt: ...1161(2) which states that a tenant is guilty of unlawful detainer if they fail to pay their rent and then subsequently fail to comply with a three-day to pay rent or quit order. Plaintiff has stated facts sufficient to constitute a cause of action. (Code Civ. Proc., S 430.10, subd. (e).) Those facts include: 1. Plaintiff is a limited liability company which owns the real property located within the above-described judicial district and commonly k...

Excerpt: ...from defendant after unsuccessful attempts to repair plaintiffs' vehicle, and defendant declined to do so. (Code Civ. Proc, S 338; Britton v. Girardi (2015) 235 Cal.App.4th 721, 734; Compl., 23.) The Court further finds that plaintiffs have stated facts sufficient to consttute a cause of action for fraudulent inducement concealment. (See Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1382 — 13...

Excerpt: ...Ie Civ. Prcyc., S 2030.300; see Sole Energy Co. v. Petrominerals Corp. (2W5) 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].) The Court finds that this motion was not timely filed. (Code Civ. Pru., SS 1013, subd. (a) [service is complete at the time of the but any period of notice and any right or duty to do any act or make any response within any or on a date cert...

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...