Excerpt: ...e of Peggy and Joe DeUlloa's Marital Trust's motion for entry of interlocutory judgment of partition and appointment of referee is DENIED. (Code Civ. Proc., § 872.710 et seq.) A co‐owner of property has an absolute right to partition unless barred by a valid waiver. (Orien v. Lutz (2017) 16 Cal.App.5th 957, 962.) The right of partition may be waived by contract, either express or implied. (LEG Investments v. Boxler (2010) 183 Cal.App.4th 484, ...

Excerpt: ...r negligence [incorrectly identified as the fifth cause of action] in their first amended complaint (“FAC”) 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 plaintiffs have failed to alleged facts sufficient to state this cause of action. (See Thomas v. Stenberg (2012) 206 Cal.App.4th 654, 662; Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal. 5th...

Excerpt: ...panel, the panel issued a report in which it found that petitioner violated the UC Davis Policy on Student Conduct & Discipline during an examination in a course she took during the Summer 2021 quarter. (Ibid.) On February 22, 2022, the director of the UC Davis Office of Student Support and Judicial Affairs issued a letter to petitioner indicating that the director was imposing sanctions on petitioner based upon a review of the hearing report. (I...

Excerpt: ...intiff's first cause of action [wrongful/constructive termination] within the verified first amended complaint (“FAC”) 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 this cause of action: (1) was solely brought against former defendant United Parcel Service (“UPS”); and, (2) cannot be maintained against Estrada as an individual/nonemployer d...

Excerpt: ...oup LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825.) The Court declines to rule on plaintiff's evidentiary objections to the declarations of Ed Medina, Ron Hayes, Renee Croswell and Brody Lorda, as the Court did not rely upon the paragraphs and corresponding exhibits challenged in determining the instant motion. The Court SUSTAINS plaintiff's objection to defendants' memorandum of points and authorities (“MPA”) on the ground that it exceeds...

Excerpt: ...ent or quit which overstates the rent due is ineffective and will not support an action for unlawful detainer. (Ernst Enterprises, Inc. v. Sun Valley Gasoline, Inc. (1983) 139 Cal.App.3d 355, 358.) Where, as here, forfeiture of the tenant's lease for non‐payment of rent is one of the objectives of the action, the exact amount of rent claimed to be due must be stated in the notice to pay rent or quit. (Baugh v. Consumers Associates, Limited (196...

Excerpt: ...tion by plaintiff is the legal equivalent of a judgment in plaintiff's favor. (Goodstein v. Bank of San Pedro (1994) 27 Cal.App.4th 899, 907, emphasis added.) Goodstein v. Bank of San Pedro does not establish a time limit to file a motion for attorneys' fees based upon a compromise agreement reached by the parties. The Court's file does not contain any entry of judgment, dismissal, or proof of service that notice of entry of judgment was served o...

Excerpt: ...he alternative summary adjudication. (Evid. Code, §§ 702, subd. (a), 800, 1200.) It is unnecessary for the Court to reach defendant's evidentiary objections in support of reply. (Evid. Code, §§ 1200, 403, 702.) Defendant's motion for summary adjudication as to the first cause of action (enticement of minors) is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he unlawful taking or withholding of a minor child from the custody of the pa...

Excerpt: ...der Continuing Trial, filed September 7, 2022.) That means the last day to have any discovery motion heard was September 19, 2022. (Code Civ. Proc., §§ 2016.060, 2024.020, subd. (a); see Pelton‐Shepherd Industries, 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 to reopen discovery proceedings. (Code Civ...

Excerpt: ...ank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that this cause of action: (1) was solely brought against former defendant United Parcel Service (“UPS”); and, (2) cannot be maintained against Estrada as an individual/nonemployer defendant. (Gov. Code, § 12926, 12940, subds. (a), (h); Lab. Code, §§ 98.6, 132a, 1102.5 and 6310; Jones v. Lodge at Torrey Pines Partnership (2008) 42 Cal.4th 1158, 1162 – 1164 [individuals cannot be p...

Excerpt: ... no. 1 is OVERRULED. The Court declines to rule on plaintiffs' other objections as the evidence objected to is not relevant to the disposition of the instant motion. The Court also declines to rule on plaintiffs' objection to the declaration of Matthew Schroeder as the evidence objected to is not relevant to the disposition of the instant motion. The Court further declines to rule on defendants Covenant Care Courtyard, LLC (“Courtyard”), CTR ...

Excerpt: ...nts of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) In the first amended complaint (“FAC”), plaintiff alleges that defendants, as successors in interest to signatory The Money Store (“TMS”), failed to comply wi...

Excerpt: ...nd plaintiff Mark Wang, specifically the Engagement of Legal Services agreement (“Agreement”). (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236 [Pinnacle]; Compl., ¶ 7, Exhibit 1, ¶ 16.) The Court further finds that plaintiff Kevin Wang, in his capacity as a managing member/owner of Wang Brothers, is a party to the Agreement. (Compl., ¶¶ 1 – 3, 7, Exhibit 1, ¶ 16, Exhibit 4, pp. 5 – 6, ...

Excerpt: ...he motion.”].) The Court declines to rule on defendants' objections to the declarations of Dayna Weishaar and Robert Koehler as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) The Court, in its discretion, considers plaintiff's late‐filed reply in support of her motion for summary adjudication. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners A...

Excerpt: ...amination, or to proceed with it, or to produce for inspection any document,…the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (Code Civ. Proc., § 2025.450, subd. (a), emphasis added.) A motion under subdivision (a) shall be accompanied by a meet and conf...

Excerpt: ...ck Roofing, LLC v. Travelers Casualty and Surety Company of America (2019) 413 F.Supp.3d 1122, 1129; McAllister Bros., Inc. v. A & S Trans. Corp., (1980) 621 F.2d 519, 524; Harris v. TAP Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 – 381; see e.g., Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 226 [Pinnacle] [the fact that a person may have either chosen not to read or take the time to understand ...

Excerpt: ...)(2); Gov. Code, § 12940, subds. (a), (h).) Government Code section 12940(a) makes it unlawful for an employer to discharge a person because of their physical or mental disability. (Judicial Council Of California Civil Jury Instruction [“CACI”] 2540.) Section 12940(h) makes it unlawful for an employer to discriminate against a person because that person has opposed a practice forbidden under section 12940. (CACI 2505.) “An employer has tre...

Excerpt: ...ding express warranties. Section 1793.2(d)(2) applies when the manufacturer “is unable to service or repair” the vehicle. Plaintiff's first cause of action alleges that defendant failed to comply with section 1793.2(d)(2). (FAC, ¶¶ 16, 18, 20‐26.) Defendant argues, however, that section 1793.2(d)(2) does not apply because the subject vehicle was not a “new motor vehicle” under section 1793.22(e)(2). (Id., ¶ 7 [“On May 30, 2013, Pla...

Excerpt: ...lligible and fails to state facts sufficient to constitute any clearly identified cause of action. (Code Civ. Proc., § 430.30, subds. (a), (e), (f); see also Cal. Rules of Court, rule 2.112.) If there is a reasonable possibility that the defect can be cured by amendment, it is an abuse of discretion not to grant leave to amend. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The burden of proving such reasonable possibility is squarely on the plain...

Excerpt: ...reject late‐filed papers.”].) Defendant Costco Wholesale Membership, Inc.'s motion for attorneys' fees and costs is GRANTED IN PART. (Code Civ. Proc., § 473, subd. (b).) The Court finds the proffered hourly rates reasonable. (Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 1009 [“The court may rely on its own knowledge and familiarity with the legal market in setting a reasonable hourly rate.”]; Shepard decl., ¶¶ ...

Excerpt: ...rial, the Court finds that there is no contract upon which plaintiff may recover attorney's fees. (Code Civ. Proc., §§ 1032, subd. (a)(4), 1033.5, subd. (a)(10); 1717; See Friends of Spring Street v. Nevada City (2019) 33 Cal.App.5th 1092, 1104 [in determining whether a party is a prevailing party who can recover costs, the trial court determines whether the party succeeded at a practical level by realizing its litigation objectives and whether...

Excerpt: ... McAllister Bros., Inc. v. A & S Trans. Corp. (1980) 621 F.2d 519, 524; Harris v. TAP Worldwide, LLC (2016) 248 Cal.App.4th 373, 380 – 381 [the party seeking arbitration bears the initial burden of demonstrating the existence of an arbitration agreement]; Bannister v. Marinidence Opco, LLC (2021) 64 Cal.App.5th 541, 545; see Espejo v. So. Cal. Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1062; see e.g., Pinnacle Museum Tower Assn. v. P...

Excerpt: ...s exceeding the maximum permitted number of pages. Plaintiff's motion for protective order against Thomas F. Rutaganira, Rachel Renno, and Foos Gavin Law Firm, P.C. is DENIED. (Code Civ. Proc., §§ 2030.090, 2031.060.) Plaintiff failed to show “a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., §§ 2016.040, 2030.090, subd. (a), 2031.060, subd. (a); Mitchell decl., ¶ 1; R...

Excerpt: ...t) or quit which may be enforced by summary legal proceedings, but this notice is valid and enforceable only if the lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) In the context of unlawful 2 of 4 detainers, courts have held that because of an insufficiency of the notice served upon a tenant, the complaint failed to state a cause of action and that the judgment entered...

Excerpt: ...to the conduct of the litigation. (Code Civ. Proc., § 1033.5. subds. (c)(2) – (3).) 2. The motion to strike and/or tax costs as to deposition costs ($26,891.90) is GRANTED IN PART. (Code Civ. Proc., § 1033.5. subd. (a)(3)(A).) The Court finds that plaintiff has failed to meet his burden that the late cancellation fee ($570.00), pertaining to the deposition of plaintiff's expert Paul Herbert, was reasonable and necessary to the conduct of the ...