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: ...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: ...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: ...wsuit under judicial estoppel. Defendants' demurrer as to the first cause of action for “lack of standing/wrongful foreclosure” is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) Based on the language in the deed of trust, plaintiff is precluded from maintaining a cause of action premised on allegations that defendant Mortgage Electronic Registration Systems, Inc. lacked standing to initiate a foreclosure or assign its...

Excerpt: ...ENIED AS MOOT. Defendant Kennedy states that he served responses April 7, 2016. No motion to compel further responses to special interrogatories, set five, is before the Court. Monetary sanctions against defendant Kennedy are DENIED. Defendant Kennedy served responses within 30 days, excluding the stay of litigation from February 4, 2016 through March 24, 2016. (Code Civ. Proc. §§ 391.6, 2030.260, subd.(a).) Monetary sanctions against plaintiff...

Excerpt: ...s not allege that he exhausted administrative remedies as required. (Yamaha Motor Corp. v. Superior Court (1987) 195 Cal.App.3d 652, 657; cf. Plantier v. Ramona Municipal Water District (2019) 7 Cal.5th 372, 376.) The first amended complaint is also uncertain, as its allegations are not sufficient for defendant to reasonably determine what issues must be admitted or denied. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Th...

Excerpt: ...all required elements for both causes of action against defendant. (Code Civ. Proc., § 337a; H. Russell Taylor's Fire Prevention Service, Inc. v. Coca Cola Bottling Corp. (1979) 99 Cal.App.3d 711, 726‐727; Trafton v. Youngblood (1968) 69 Cal.2d 17, 25; Zinn v. Fred R. Bright Co. (1969) 271 Cal. App. 2d 597; UMF 1‐5, 12‐ 16.) Pursuant to the terms of the cardmember agreement, defendant agreed to be jointly and severally bound to the terms o...

Excerpt: ... be determined at trial. The plaintiff's complaint states a cause of action and is not legally uncertain. 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: ...r discovery despite reasonable diligence. (McKelvey v. Boeing North Am., Inc. (1999) 74 Cal.App.4th 151, superseded by statute on another point.) 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: ...D IN PART. (Cal. Rules of Court, rule 3.1348(a) [“The 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.”].) Defendant served further responses to plaintiff's first set of requests for production of docume...

Excerpt: ...able precision and with particularity sufficient to acquaint a defendant with the nature, source, and extent of his causes of action. (Youngman v. Nevada Irrigation Dist. (1969) 70 Cal.2d 240, 245.) Plaintiff has also pled sufficient facts to establish the existence of an ascertainable and sufficiently numerous class, a well‐ defined community of interest, and substantial benefits from certification that render proceeding as a class superior to...

Excerpt: ...atic stay is not revived when the case is reopened.”].) Plaintiff Rakesh Vij's request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (c).) Defendant's requests for judicial notice are GRANTED. (Evid. Code, § 452, 453.) Plaintiff's unopposed motion for summary judgment is GRANTED. (Code Civ. Proc., § 437c, subd. (a)(1).) Plaintiff has established all required elements for his unlawful detainer claim against defendant Gavin Mehl. (...

Excerpt: ...responsive separate statement, and admitted in his response to Request for Admissions to all the elements of this cause of action for Breach of Line of Credit Agreement, the Court cannot find any dispute of material fact. (Code Civ. Proc., § 437c, subd. (f)(1); Oldcastle Precast, Inc. v. Lumbermans Mut. Cas. Co. (2009) 170 Cal.App.4th 554, 568; Dec. of Tiberi ¶¶ 4 & 5, Exhibits 4 and 5.) The notice of motion does not provide notice of this Cou...

Excerpt: ...correct summons was used as Ms. Brewer has submitted to the personal jurisdiction of this Court. (Code Civ. Pro., §§ 418.10, 1014.) Ms. Brewer is ordered to answer the first amended complaint within 5 calendar days. (Cal. Rules of Court, rule 3.1320(g).) Defendant Charles Brewer's motion to set aside default is DENIED. (Code Civ. Pro., § 473, subd. (b).) Mr. Brewer did not attach a copy of his proposed pleading to the motion to set aside defau...

Excerpt: ...Code Civ. Proc., § 437c, subd. (q).) Defendant and cross‐complainant Andrew Cody's motion for summary judgment is GRANTED. (Code Civ. Proc., § 437c, subd. (a)(1).) Defendant establishes that plaintiff's action has no merit. It is undisputed that modifications to the Representation Agreement were required to be in writing and signed by all parties, and that Cody did not sign any modification. (Civ. Code, § 1698, subd. (c); UMF 3‐9.) As the ...

Excerpt: ...rs' motion for judgment on their petition for writ of mandate is DENIED. Respondent has shown that petitioners' right to access is clearly outweighed by a specific interest in nondisclosure of the records. (Gov. Code, § 6255; CBS Broadcasting, Inc. v. Sup. Ct. (2001) 91 Cal.App.4th 892, 908.) The notice of motion does not provide notice of this Court's tentative ruling system as required by Local Rule 11.4(b). Counsel for moving party, or the mo...

Excerpt: ...ion. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary judgment is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) There is a triable issue of material fact as to whether defendant failed to inspect the premises within a reasonable period of time. (UMF 5, 8; Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1203 & 1207 [“Whether a dangerous condition has existed long enough for a reasonably prudent person to have discovered it...

Excerpt: ...1085; Pub. Resources Code, § 21166; 14 Cal. Code Regs., § 15162, subd. (a).) The Court finds as follows: 1. The project provides the amount of affordable housing as required by the City's affordable housing ordinance. (Ordinance Nos. 2523, 2525; Resolution No. 18‐023.) Even if Ordinance No. 2525 was effective after the affordable housing plan was approved, petitioner has not shown that the City's action was “arbitrary, capricious or entirel...

Excerpt: ...es not consider defendant Gavin Mehl's motion in limine. Defendant's motion was not served and filed at least 16 court days before the hearing as required. (Code Civ. Proc., § 1005, subd. (b).) To the extent defendant's motion in limine seeks to exclude evidence from plaintiff's motion for summary judgment, defendant has not complied with the required format for written objections to evidence offered in support of a motion for summary judgment. ...

Excerpt: ...anctions have been paid to plaintiff. The Court GRANTS plaintiff's request for an additional $50.00 in monetary sanctions against defendant John Scaccia. (Scaccia Decl., ¶ 5; Code Civ. Proc., § 2023.030, subds. (a) & (d)(1).) If defendant fails to pay all monetary sanctions owed by November 4, 2019, the Court will entertain a motion for a terminating sanction against this defendant. Plaintiff's motion to compel further responses from defendant ...

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: ...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, &...

Excerpt: ...h sufficient evidence regarding each disputed entry in order for the Court to determine the merit of the objections. (Maemorris Sales Corp. v. Kozak (1967) 249 Cal.App.2d 998, 1003‐04.) Petitioner City of Davis's motion for attorneys' fees and costs is GRANTED IN PART. (Health & Saf. Code, § 17980.7(c)(11) & (d)(11).) The Court awards $77,570.20 in attorneys' fees, which reflects a reduction by 20% for excessive time related to the preparation...

Excerpt: ...ction is not mainly local in nature; it is transitory. The Court finds persuasive on this point, Hammon v. American Exploration & Mining Co. (1962) 203 Cal.App.2d 306, a case which neither party cites. As this action is transitory, plaintiff may properly lay venue in this county based on the location in which the contract was entered. (Code Civ. Proc., § 395.) The only admissible evidence before the Court establishes that the lease was entered i...

Excerpt: ...econd cause of action for violation of Civil Code section 1102 et seq. is OVERRULED. (Code Civ. Proc., § 430.10, subds. (e) & (f).) Plaintiff adequately identifies the parties in this cause of action and a breach of the statutory duty to disclose. (Civ. Code, §§ 1102.1, 1102.6.) Defendant's demurrer to the third cause of action for breach of “good faith (written contract)” is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, s...