Excerpt: ...set forth evidence that defendant Mateo Galvan continues in possession of real property after a three‐day written notice to quit was served upon him, where the property was sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by defendant, and the title under the sale was duly perfected. (Code Civ. Proc., § 1161a, subd. (b), (b)(3); RJN Nos. 1‐5; RFAs deemed admitted 1‐9; Reyes...

Excerpt: ... Cal.App.2d 749, 759; Miller Decl., ¶ 6, Exhibit A; Boutin Decl., ¶ 6.) The Court declines to rule upon the remaining objection to Eric Miller's declaration as the Court did not rely upon the remaining challenged paragraphs of said declaration in determining the instant motion. The Court declines to rule on plaintiffs Robert Shelton and Adrian Shelton's [evidentiary] objection to Underwood declaration as the Court did not rely upon the challeng...

Excerpt: ...h 238, 268, fn. 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817 825.) Petitioner Jennifer Marston, and the minor, Ryan Marston are DIRECTED TO APPEAR. (Cal. Rules of Court, rule 7.952.) If the parties fail to appear at the hearing and the Court has not excused their personal appearance, the petition will be denied without prejudice. No request for a hearing is required. 2 of 3 Motion for attorney's fees and common fund reduct...

Excerpt: ...constitutes “[a] significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.” (Cal. Rules of Court, rule 3.1332(c)(7), emphasis added; Renno decl., ¶¶ 2‐5.) Second, while plaintiff Krista Mitchell filed two petitions for writ of mandate in December, 2021, both petitions have since been dismissed. (See Cal. Rules of Court, rule 3.1332(c)(7).) Finally, defendant has not shown that he has...

Excerpt: ... notice request number six is DENIED as irrelevant. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) With regard to request number one, this Court can only take judicial notice of facts to the extent that they are not or cannot be disputed. (Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 375–376.) Plaintiff asks that this Court take judicial notice of the fact that defendant “Phillips 66 is a for‐hire motor carrier (USDOT n...

Excerpt: ...)(1), provides two alternative prongs to prove malice – by showing intentional conduct or by showing despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. Defendant proffers UMF 10 to address the intentional prong of the statute; however, the only admissible evidence provided to the Court in support of said UMF is defendant's self‐serving declaration. (UMF 10; Gotelli...

Excerpt: ...ubd. (a).) Specifically, defendant, as the owner of the documents at issue, directed respondent California Commission on Peace Officer Standards and Training to produce only redacted copies of said documents to petitioner Electronic Frontier Foundation; thus, in defendant's absence, the Court cannot accord complete relief between petitioner and respondent. (Id.; See Sierra Club Inc. v. Coastal Com. (1979) 95 Cal.App.3d 495, 502; Am. Writ, ¶¶ 21...

Excerpt: ...nds that the operative second amended complaint (“SAC”) is an “action on a contract”, and that the 1995 Declaration contains an attorney's fees provision that is broad enough to encompass all the causes of action found within the SAC. (Civ. Code, § 1717, subd. (a); Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc. (2012) 211 Cal.App.4th 230, 239 – 241; Lerner v. Ward (1993) 13 Cal.App.4th, 155, 159; Cruz v. Ayromloo (2007) 155 Cal.App...

Excerpt: ...e, the attorney's fees requested by petitioner for time actually spent prosecuting the instant action are reasonable. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1096; Knox Decl., ¶¶ 5 – 10, 12 – 20.) However, the Court declines to award attorney's fees for time not yet incurred ($4,500.00). (Knox Decl., ¶¶ 7, 11D, 12, Exhibit 2, p. 1.) Based on the foregoing, the Court awards defendant $37,530.00 in attorneys' fees. On the Court...

Excerpt: ...ination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) Defendant Michaels Stores, Inc.'s objections to evidence as to Mr. Petrovich's declaration paragraphs 12 and 13 and UMF nos. 79‐80 are SUSTAINED. Defendant's objections to evidence as to Mr. Petrovich's declaration paragraphs 20 through 24 and UMF nos. 28, 54, 63, 68‐78, 83, 89‐90, and 99 are OVERRULED. The Court declines to rule on defendant's other 2 of 3...

Excerpt: ...between plaintiff Swinerton Builders and all defendants in the instant action [and related actions] are subject to the mediation provisions found within the respective subcontracts. (Compl., Exhibits 1 ‐ 16, subds. (d), (e), (f).) The Court further finds that pursuant to said provisions, neither arbitration nor litigation may proceed until such mediation occurs. (See Civ. Code, §§ 1636, 1638; Templeton v. Superior Court, (2006) 144 Cal.App.4t...

Excerpt: ... (Palagin v. Paniagua Construction, Inc. (2013) 222 Cal.App.4th 124, 140; Burkes v. Robertson (2018) 26 Cal.App.5th 334, 343.) “[T]he employer must post the undertaking before it files its notice of appeal, and no later than 10 days after service of the Commissioner's order.” (Id. at p. 131, emphasis added; see also Burkes v. Robertson (2018) 26 Cal.App.5th 334, 347.) The clerk properly rejected appellant's notice of appeal because appellant ...

Excerpt: ...esult of his mistake, inadvertence, surprise, or excusable neglect. (Baratti v. Baratti (1952) 109 Cal.App.2d 917, 921; Douglas decl.) Finally, defendant has failed to establish that he filed the motion diligently after discovering the entry of default and default judgment. (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410.) The notice of motion does not provide notice of this Court's tentative ruling system as required by Local Rule 11...

Excerpt: ... Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Allegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) The court finds that plaintiff's counsel's sole meet and confer letter to defendant Cesar Pedroia's counsel on December 16, 2021, was insufficient to meet the requirements of Code of Civil Procedure section 2016.040 prior to the filing of the instant motion. (See Townsend, supra, at p. ...

Excerpt: ...aw”; thus, are not a proper basis for reconsideration. (Code Civ. Proc., § 1008, subd. (a); Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 202; see Morris v. AGFA Corp. (2006) 144 Cal.App.4th 1452.) The Court further finds that even if the assignments were considered “new or different facts, circumstances, or law”, HOA has failed to provide any explanation, much less a strong showing of diligence, as to why HOA did obtai...

Excerpt: ...red document is irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) Defendant's motion for summary adjudication as to issues 1‐3 is DENIED. (Code Civ. Proc., § 437c, subd. (p)(2).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c...

Excerpt: ...Defendant's demurrer to the second cause of action within plaintiff's complaint for unjust enrichment is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff has alleged the requisite elements to maintain this cause of action. (Prakashpalan v. Engstrom, Lipscomb & Lack (2014) 223 Cal.App.4th 1105, 1132; Am. Compl., ¶¶ 16, 40, 58.) Defendant's demurrer to the third cause of action within plaintiff's complaint for a violation of Californ...

Excerpt: ... for leave to amend. The right to amend is limited to the original complaint; there is no right to amend, without leave, an amended complaint. (See Code Civ. Proc., § 472.) Defendant South Tahoe Public Utility District's unopposed request for judicial notice of Exhibits 1 through 5 is GRANTED. (Evid. Code, §§ 452, subds. (c), (h); 453.) Defendant's demurrer to the amended complaint and each cause of action on the basis that the complaint fails...

Excerpt: ...n…” (Platypus Wear, Inc. v. Goldberg (2008) 166 Cal.App.4th 772, 787 [“Platypus”].) However, “a trial court must be wary about freely granting a party the right to file an anti‐SLAPP motion past the 60–day deadline.” (Ibid.) “In exercising its discretion in considering a party's request to file an anti‐SLAPP motion after the 60–day period, a trial court must carefully consider whether allowing such a filing is consistent wit...

Excerpt: ... dealing causes of action by alleging that ZNEA failed to pay money owed to plaintiff. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186; Thrifty Payless, Inc. v. The Americana at Brand, LLC (2013) 218 Cal.App.4th 1230, 1244; FAC, ¶¶ 51, 54.) Defendants' demurrer to plaintiff's FAC as to the third and fourth causes of action is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) “An omission to perform a contract ob...

Excerpt: ...date, the arbitration hearing has yet to occur. (Briggs Decl., ¶¶ 4, 8, 11 – 14, Exs. 3, 4.) The parties SHALL meet and confer and select a new arbitration hearing date by January 28, 2022, with said hearing to occur before the case management conference set for April 4, 2022. (See Code Civ. Proc., § 128, subds. (a)(1) – (4).) Plaintiff's request for sanctions is DENIED. (Code Civ. Proc., § 177.5.) The Court finds that plaintiff has faile...

Excerpt: ...43; Ostling v. Loring (1994) 27 Cal.App.4th 1731, 1744; Crestmar Owners Assn. v. Stapakis (2007) 157 Cal.App.4th 1223, 1230–1231 [“When amendments to a complaint contain substantive changes….a defaulting defendant against whom the court has not yet entered judgment has the right to appear in the action to answer the amended complaint”].) Defendant shall file an answer to the FAC by no later than January 3, 2022 (10 days after the hearing)...

Excerpt: ...d 597, 600; Trafton v. Youngblood (1968) 69 Cal.2d 17, 25 [“If the account is sent to the debtor and he does not object to it within a reasonable time, his acquiescence will be taken as an admission that the account is truly stated.”]; UMF 9‐16.) 2 of 2 Plaintiff has established all required elements for open book account (issue 1) against defendant. (Code Civ. Proc., § 337a; see also Interstate Group Administrators, Inc. v. Cravens, Darga...

Excerpt: ...ode Civ. Proc., § 437c, subd. (q).) Defendant's request for judicial notice is GRANTED IN PART. (Evid. Code, §§ 452, 453.) While the Court takes judicial notice of document no. 1, the Court declines to take judicial notice of documents nos. 2 and 3 because these documents are irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6 [“Rowland”].) Plaintiff's request for judicial noti...

Excerpt: ... the evidence objected to in making its determination. (Reply, p. 6.) Plaintiff's application for right to attach order is DENIED. (Code Civ. Proc., § 484.010 et seq.) Plaintiff has not “established the probable validity of the claim upon which the attachment is based.” (Code Civ. Proc., § 484.090, subd. (a)(2); Santa Clara Waste Water Co. v. Allied World National Assurance Co. (2017) 18 Cal.App.5th 881, 885.) While plaintiff has shown a pr...

Excerpt: ...ion. However, the Court does not consider this paragraph, as it is irrelevant to the disposition of the instant motion. 2 of 3 Plaintiff's motion for judgment on the pleadings is DENIED. (Code Civ. Proc., § 438, subd. (c)(1)(B).) Plaintiff has failed to show that defendant is not “beneficially interested in the controversy,” such that he lacks standing to bring the cross‐complaint. (Boorstein v. CBS Interactive, Inc. (2013) 222 Cal.App.4th...

Excerpt: ...ity.” (Jenks v. DLA Piper Rudnick Gray Cary US LLP (2015) 243 Cal.App.4th 1, 8.) Defendant has established the existence of an arbitration clause in the Residence and Services Agreement (“Agreement”), signed by plaintiff. (Faris decl., ¶¶ 4, 6, Exhibit B, pp. 20‐21.) The Court finds the case of Harris v. University Village Thousand Oaks, CCNC, LLC (2020) 49 Cal. App. 5th 847 distinguishable. The Harris court held that “Civil Code sect...

Excerpt: ... (Franklin Mint Co. v. Superior Court (2005) 130 Cal.App.4th 1550, 1558 [party seeking determination of good faith of settlement must set forth the value of the consideration paid and an evidentiary basis for that valuation, and must demonstrate that the valuation was reached in a sufficiently adversarial manner to justify the presumption that a reasonable valuation was reached].) Defendants failed to attach a copy of the settlement agreement ide...

Excerpt: ...on Universal as the Court did not rely upon the paragraphs and corresponding exhibits challenged in determining the instant motion. Plaintiff Stella Roser's motion for attorneys' fees, costs and expenses is GRANTED IN PART. (Civ. Code, § 1794, subd. (d).) For purposes of Civil Code section 1794(d), plaintiff is the prevailing party. (See Mikhov decl., ¶ 27, Exhibit D.) The Court finds the proffered hourly rates claimed by Knight Law Group reaso...

Excerpt: ...w defendants have been served with the summons and complaint. (See Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808–809; Cal. Rules of Court, rule 3.1332(c)(5), (7); Hodson decl., ¶ 3.) Additionally, plaintiff has not established that he has been unable to obtain essential testimony, documents, or other material evidence despite diligent efforts, given that the newly named defendants are not yet apart of this action. (Cal. Rules of Cour...

Excerpt: ...rounds” to overrule or sustain a demurrer or to grant or deny a motion to strike. (Code Civ. Proc., §§ 430.41, subd. (a)(4), 435.5, subd. (a)(4).) The Court also notes that the instant motion was timely filed with the Court. (Code Civ. Proc., § 1005, subd. (b).) Defendants' demurrer to plaintiff Good2Go Health's second amended complaint (“SAC”) is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) “A demurrer does not lie to a portion...

Excerpt: .... Proc., §§ 337a, 437c, subd. (p)(2); KOVR‐TV, Inc. v. Superior Court (1995) 31 Cal.App.4th 1023, 1027 – 1028; CACI 372.) Plaintiff has provided evidence of unpaid financial transactions between the parties for direct services provided by plaintiff to defendant (unrelated to third‐party transactions). (Botha Decl., ¶ 3, Ex. A.) Plaintiff has also provided evidence of unpaid financial transactions for services provided by plaintiff to a t...

Excerpt: ...al.3d 147, 160; see also Hoch v. Allied‐Signal, Inc. (1994) 24 Cal.App.4th 48, 61; Civ. Code, § 3294; Complaint, ¶¶ 11, 61‐ 62.) As to injunctive relief, plaintiffs have adequately alleged facts establishing that the alleged harm is likely to reoccur. (See Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084; and East Bay Mun. Utility Dist. v. Department of Forestry & Fire Protection (1996) 43 C...

Excerpt: ...nce cause of action against a public entity such as defendant. (Gov. Code, § 815, et seq.; Tolan v. State of California (1979) 100 Cal.App.3d 980, 985; Guzman v. County of Monterey (2009) 46 Cal.4th 887, 897.) Plaintiffs may amend their complaint by no later than October 22, 2021 (10 days after the hearing). (Cal. Rules of Court, rule 3.1320(g).) The Court notes that defendant failed to properly meet and confer “in person or by telephone” pr...

Excerpt: ...sition of the instant motion. Plaintiff's motion to enforce paragraph 11 of the January 26, 2021 stipulation and order thereon, for judgment of dismissal of Thomas Rutaganira's cross‐ complaint, and for attorney's fees and costs is DENIED. (Code Civ. Proc., § 664.6.) A motion to enforce a settlement agreement, under section 664.6, may not “be considered in an action other than the action in which the settlement was made.” (Viejo Bancorp, I...

Excerpt: ...st…be a showing of an improper purpose, i.e., subjective bad faith on the part of the attorney or party to be sanctioned.”], citation omitted; Code Civ. Proc., § 128.5, subd. (a); Cutler decl.) While final payment was received after the 90‐day deadline, defendant provided an explanation for the delay. (Universal decl., ¶¶ 34‐43.) The Court declines to award plaintiff post‐judgment interest because there was no money judgment. (Code C...

Excerpt: ...ion as the evidence objected to is not germane to the disposition of defendants Jamil L. White, individually and doing business as Louis White, P.C.'s (“defendants”) motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) The Court declines to rule on defendants' evidentiary objections made in their response to plaintiffs' separate statement because “[a]ll written objections to evidence must be served and filed separately from t...

Excerpt: ...irwan (1985) 39 Cal.3d 311, 318.) While the amended CC&Rs were recorded in 1995, plaintiffs Richard Lauckhart, and Sharon Baumgartner and Ron Baumgartner, as trustees of the Baumgartner Family Revocable Trust, have alleged that the signatures to amend the CC&Rs were fraudulently obtained. (Code Civ. Proc., § 343; Costa Serena Owners Coalition v. Costa Serena Architectural Com. (2009) 175 Cal.App.4th 1175, 1193, 1196‐1197 [“Costa Serena”]; ...

Excerpt: ...f has demonstrated that $86,152.50 of the sought attorneys' fees are attributable to time spent proving the identified RFAs. (See Code Civ. Proc., § 2033.420, subd. (a); Garcia v. Hyster Co. (1994) 28 Cal.App.4th 724, 763‐737; Vlasak supp. decl., ¶¶ 5‐8, Exhibit F.) Plaintiff is not entitled to recover for time spent drafting the instant motion because section 2033.420(a) limits the award of expenses to “reasonable expenses incurred in�...

Excerpt: ...oyee arising out of their contractual relationship.” (Jarboe, supra, 53 Cal.App.5th at p. 556, citation and internal quotation marks omitted.) “Instead, it is a dispute between an employer and the state, which alleges directly or through its agents—either the Labor and Workforce Development Agency or aggrieved employees—that the employer has violated the Labor Code.” (Id. at p. 556, citation, brackets, and internal quotation marks omitt...

Excerpt: ...d noncompliance with the Court's prior orders to provide responses to plaintiff's discovery requests and pay monetary sanctions warrants terminating sanctions. (Department of Fair Employment & Housing v. Ottovich (2014) 227 Cal.App.4th 706, 712 – 713.) Defendant's answer is stricken and a judgment by default against defendant shall be entered. (Code Civ. Proc., § 2023.030, subd. (d)(1), (4).) Plaintiff's request for monetary sanctions is GRANT...

Excerpt: ...ts for the PMK deposition ($1,140.39) is DENIED. The Court finds that these are allowable costs, defendant has demonstrated that these costs were incurred and necessary to the conduct of the litigation, and plaintiff has failed to demonstrate anything to the contrary. (Code Civ. Proc., § 1033.5, subds. (a)(3), (c)(3) & (4).) 3. The motion to tax costs for duplicative deposition transcript and for the room cancellation charge ($3,614.75) is GRANT...

Excerpt: ...aint are duplicative, and are actually a single cause of action sounding in negligence. (Code Civ. Proc., § 128, subd. (a); Schimmel v. Levin (2012) 195 Cal.App.4th 81, 87 [“Every court has the inherent power, in furtherance of justice, to regulate the proceedings of a trial before it; to effect an orderly disposition of the issues presented; and to control the conduct of all persons in any manner connected therewith. [Citations.] The exercise...

Excerpt: ... and Ms. Nugent ($300.00) reasonable. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Jackson v. Yarbray (2009) 179 Cal.App.4th 75, 93; 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.”]; Sommer decl., ¶¶ 12‐15.) Defendants' requested hours and costs spent on the special motion to strike and t...

Excerpt: ... first amended complaint (“FAC”), the Court finds that Civil Code section 895 et seq. (commonly known as the Right to Repair Act) is inapplicable to the instant action. (Acqua Vista Homeowners Assn. v. MWI, Inc. (2017) 7 Cal.App.5th 1129, 1134, 1141 ‐ 1142; see also McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241, 246 – 247; FAC, ¶¶ 4, 11‐14, 22, 32.) Specifically, plaintiff has not sued the builder of her home, and plainti...

Excerpt: ...laintiff has failed demonstrate that the sought attorneys' fees are attributable only to time spent proving the identified RFAs. (See Code Civ. Proc., § 2033.420, subd. (a); Garcia v. Hyster Co. (1994) 28 Cal.App.4th 724, 763‐ 737 [“Nothing in the bare‐bones showing made below, or in the lower court's award, reflects that any consideration was given to the fact that Hyster Company's trial preparation might extend beyond those areas covered...

Excerpt: ...endant County of Yolo. (Guzman v. County of Monterey (2009) 46 Cal.4th 887, 897; Gov. Code, § 815, et seq.) The Court also finds that the claims against defendant County of Yolo have not been pled with the requisite specificity. (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809; Mittenhuber v. City of Redondo Beach (1983)142 Cal.App.3d 1, 5 – 7; Gov. Code, § 835.) Plaintiffs may amend their complaint consistent with this order by ...

Excerpt: ...s failed to provide legal authority that Mr. Pompey's alleged conduct falls outside the scope of “unsafe working conditions” under Labor Code section 6310. (See also Lab. Code, § 6306, subd. (a).) Defendant Roudybush, Inc.'s motion to strike plaintiff's complaint is DENIED. (Code Civ. Proc., §§ 435, 436.) Plaintiff's complaint contains adequate allegations to maintain a punitive damage claim against defendant Roudybush, Inc. (Civ. Code, §...

Excerpt: ...lton's initial deposition is good cause to allow a second one to be taken. (Associated Brewers Distributing Co. v. Superior Court of Los Angeles County (1967) 65 Cal. 2d 583, 588.) The deposition shall occur on or before July 16, 2021. Defendant's motion for judgment on the pleadings is DENIED. (Code Civ. Proc., § 438.) The Court finds that plaintiffs' complaint and the Declaration of Restrictions Affecting Willowbank Addition no. 6, subdivision...

Excerpt: ...ture of the misconduct (which must be deliberate and egregious, but may or may not violate a prior court order), the strong preference for adjudicating claims on the merits, the integrity of the court as an institution of justice, the effect of the misconduct on a fair resolution of the case, and the availability of other sanctions to cure the harm. (Slesinger, supra, at p. 764, citing Aoude v. Mobile Oil Corp. (1989) 892 F.2d 1115, 1118.) The al...