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...