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2023.11.13 Motion for Costs 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2023.11.13
Excerpt: ...endant's motion for costs is GRANTED IN PART, as follows: 1. The motion as to deposition costs ($6,848.20) is GRANTED IN PART. The Court finds that only of these costs are expressly allowed and were reasonably necessary to the conduct of the litigation. (Code Civ. Proc., SS 1032, 1033.5. subds. Cal. Rules of Court, rule 3.1700; see Melnyk v. Robledo (1975) 64 Cal.App.3d 618, 624.) 2. The motion as to prc„cess server costs ($1,950.00) is GRANTED...
2023.05.15 Motion to Compel Further Responses 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2023.05.15
Excerpt: ...ivil Procedure sections 1010.6 or 1013 and 1170.8. (Cal. Rules of Court, rule 3.1347(a).) This Court notes, however, that plaintiff filed a substantive, written response on May 11, 2023, that does not assert deficient notice. Regarding the opposition: If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be served and filed on or before the court day before the hearing. (Cal. Rules of Cour...
2022.12.21 Motion to Tax Costs 427
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.12.21
Excerpt: ...)(2).) However, the Court finds that defendant has failed to meet its burden of proof on the remaining claimed costs in this category. (See Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 624.) Defendant's opposition to the instant motion fails to cite to the specific documents attached to defendant's memorandum of costs (“Memo) supporting the costs claimed, and the documents attached to the Memo fail to make any reference to the item(s) within the...
2022.12.20 Motion for Entry of Interlocutory Judgment of Partition 225
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.12.20
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, ...
2022.12.15 Petition for Writ of Administrative Mandate 596
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.12.15
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...
2022.12.15 Demurrer 297
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.12.15
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...
2022.12.09 Motion for Summary Adjudication 497
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.12.09
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...
2022.11.29 Motion for Attorney Fees 629
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.11.29
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...
2022.11.22 Motion for Summary Adjudication 115
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.11.22
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...
2022.11.16 Demurrer 297
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.11.16
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...
2022.10.21 Motion to Compel Arbitration 013
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.10.21
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 ...
2022.10.21 Motion for Summary Adjudication 637
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.10.21
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...
2022.10.20 Demurrer 427
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.10.20
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...
2022.10.18 Demurrer 895
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.10.18
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...
2022.10.13 Motion for Attorney Fees 147
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.10.13
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., ¶¶ ...
2022.10.11 Motion for Attorney Fees 143
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.10.11
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...
2022.10.05 Motion to Strike or Tax Costs 230
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.10.05
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 ...
2022.10.05 Motion to Compel Further Responses 935
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.10.05
Excerpt: ...ure on her discovery verification is invalid. (See, e.g., Cal. Rules of Court, rule 2.257; Hunt decl., ¶ 7, Exhibit C.) Further, defendant's response to request for production, no. 1, substantially complies with Code of Civil Procedure sections 2031.210(a) and 2031.220. (Code Civ. Proc., § 2031.310, subds. (a), (b)(1); Hunt decl., ¶ 7, Exhibit C.) Although plaintiff has shown good cause justifying the discovery sought by the demand, plaintiff ...
2022.10.04 Motion to Set Aside Dismissal, Enter Judgment 235
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.10.04
Excerpt: ...¶ 9.) Defendant failed to make all payments pursuant to the Court's December 29, 2021, order dismissing, without prejudice, the instant action and retaining jurisdiction pursuant to California Code of Civil Procedure 664.6, which was based upon the stipulation for settlement and entry of judgment (“Stipulation”) between the parties filed on December 27, 2021. (Mahfouz II Decl., ¶¶ 5 – 7, 9, Exhibit A.) However, as the parties did not exp...
2022.09.28 Motion for Summary Judgment 115
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.09.28
Excerpt: ... to the motion.”].) The Court does not reach plaintiff's objections to the declaration of Michael J. Perrotti, Ph.D. Also, the Court declines to rule on plaintiff's evidentiary objections to the video footage submitted by defendants Kenneth Paulson and Barbara Paulson (“defendants”). (Defendants' Compendium of Evidence [“COE”], Exhibit F.) Such evidence is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, ...
2022.09.13 Motion to Vacate 147
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.09.13
Excerpt: ...intiff has satisfied the requirements for mandatory relief under section 473(b). (Martin Potts & Associates, Inc., supra, 244 Cal.App.4th at p. 443; Withee decl.) Specifically, plaintiff's motion was accompanied by an attorney's affidavit attesting to his mistake, inadvertence, surprise, or 2 of 2 neglect, which caused plaintiff's case to be dismissed. (Code Civ. Proc., § 473, subd. (b); see, e.g., Withee decl., ¶¶ 2, 13.) It is irrelevant whe...
2022.09.07 Motion to Tax Costs 143
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.09.07
Excerpt: ... party at trial. (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 the action yielded the primary relief sought in the case]; Statement of Decision, p. 17 (“SOD”).) 1. The motion to tax deposition costs ($6,311.75)...
2022.08.24 Demurrer 479
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.08.24
Excerpt: ...ek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825 [“Any matter to be judicially noticed must be relevant to a material issue.”].) Plaintiff Sierra Northern Railway's objections to defendants' request for judicial notice are DENIED AS MOOT, given this Court's ruling on defendants' request for judicial notice. Defendants' demurrer to the complaint is OVERRULED. (Code Civ. Proc., § 430.10, subds. (a), (e).) Defendants demur to pla...
2022.08.18 Motion to Compel Medical Exam 759
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.08.18
Excerpt: ....) The Court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown. (Code Civ. Proc., § 2032.320, subd. (a).) Sun Growers has shown good cause for the proposed defense examination. Plaintiff has placed her mental state in controversy by claiming severe emotional distress. (Complaint, ¶ 33; see Vinson v. Superior Court (1987) 43 Cal.3d 833, 839.) With regard to the standard diagnostic testing ...
2022.08.18 Demurrer 749
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.08.18
Excerpt: ...demurrer to the complaint as to the first cause of action (violation of Civil Code section 2923.6(c)) is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) Civil Code section 2923.6(c) prohibits a mortgage servicer or beneficiary from recording a notice of default or notice of sale, or conducting a trustee's sale “while the complete first lien loan modification application is pending.” However, plaintiff's complaint does ...
2022.08.11 Motion to Compel Further Responses 528
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.08.11
Excerpt: ...f has failed to show “a reasonable and good faith attempt at an informal resolution” of the discovery dispute prior to filing the instant motion. (Code Civ. Proc., §§ 2016.040, 2031.310, subd. (b)(2); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) The Court finds that plaintiff's meet and confer efforts were insuffic...
2022.07.29 Motion to Sever Complaint-in-Intervention and Set Immediate Trial Date 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.07.29
Excerpt: ...as these documents are irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) The Court construes Bridge Partners' motion to sever complaint‐in‐intervention as a motion to bifurcate and GRANTS said motion. (Code Civ. Proc., § 1048, subd. (b); see Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725, 738, fn. 3 [“Code of Civil Procedure section 1048 no longer authorizes sever...
2022.07.29 Motion for Costs 595
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.07.29
Excerpt: ... include: filing, motion and jury fees (§ 1033.5, subd. (a)(1)) and service of process by a public officer, registered process server, or other means (§ 1033.5, subd. (a)(4)). If service is by a registered process server, the recoverable cost is the amount actually incurred in effecting service…unless those charges are successfully challenged by a party to the action. (§ 1033.5, subd. (a)(4)(B).) An award of costs shall be subject to the fol...
2022.07.28 Motion to Compel Further Responses 651
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.07.28
Excerpt: ...isclosure of information which is not relevant to the subject matter of the action and will not lead to the discovery of admissible evidence. (Coy v. Superior Court (1962) 58 Cal.2d 210, 220; Columbia Broadcasting System, Inc. v. Superior Court for Los Angles Co. (1968) 263 Cal.App.2d 12, 19 [if interrogatories are so framed as to require the disclosure of relevant as well as irrelevant matter, the trial court in the exercise of its discretion ma...
2022.07.27 Motion to Reconsider 297
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.07.27
Excerpt: ...il Procedure section 1008 is DENIED. (Code Civ. Proc., § 1008, subd. (a).) The Court finds that plaintiff has failed to provide any “new or different facts, circumstances, or law” upon which relief can be granted. (Ibid.; See In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468 [facts of which a party seeking reconsideration was aware of at the time of the original ruling are 2 of 2 not “new or different facts,” as would support a tr...
2022.07.26 Motion to Compel Further Responses 269
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.07.26
Excerpt: ...to the hearing, with an additional 2 court days required for electronic service].) The Court also finds that plaintiff has failed to show “a reasonable and good faith attempt at an informal resolution” of the discovery dispute prior to filing the instant motion. (Code Civ. Proc., §§ 2016.040, 2030.300, subd. (b)(1); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Allegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. ...
2022.07.22 Demurrer 229
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.07.22
Excerpt: ...pp.3d 596, 600.) Courts have held that because of insufficient notice served upon a tenant, an unlawful detainer complaint failed to state a cause of action. (Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675 [the defect was failure to state amount of rent owed].) Plaintiff sets forth that defendant Mohammad Iqbal filed for chapter 7 bankruptcy on April 8, 2021, effectuating an automatic stay against existing creditors. (Plain...
2022.07.15 Motion for Leave to File Complaint, for Attorney Fees 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.07.15
Excerpt: ...transactions or occurrences as the cause[s] of action which the plaintiff alleges in his complaint.” (Code Civ. Proc., §§ 426.10, subd. (c), 428.10, subd. (b); Heshejin v. Rostami (2020) 54 Cal.App.5th 984, 993‐994; Young decl., ¶ 1, Exhibit A.) However, El Macero has not shown that its causes of action against plaintiff were “in existence at the time of service of the answer.” (Heshejin, supra, 54 Cal.App.5th at p. 993; see also Crock...
2022.07.12 Demurrer 216
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.07.12
Excerpt: ...gency as such is a statement of ultimate fact.” (Skopp v. Weaver (1976) 16 Cal.3d 432, 439.) Consequently further allegations explaining how this fact of agency originated become unnecessary. (Id.) Plaintiffs have set forth allegations of agency that are sufficient to withstand demurrer. (See complaint, ¶¶ 14, 17, 21, 22.) However, respondeat superior is a theory of vicarious liability, not an independent cause of action. (See Hilts v. Solano...
2022.06.30 Motion for Leave to Intervene 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.06.30
Excerpt: ...idge Partners”) request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The proffered documents are irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) Proposed intervenors' motion for leave to intervene is DENIED. (Code Civ. Proc., § 387.) For both mandatory and permissive intervention, the party seeking to intervene must make a timely application to the court. (Code...
2022.06.23 Demurrer 163
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.06.23
Excerpt: ...rate treatment. (Gov. Code, § 12940, subd. (a); Guz v. Bechtel Nat., Inc. (2000) 24 Cal.4th 317, 354; Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604 [the sole issue raised by a general demurrer is whether the facts pleaded state a valid cause of action – not whether they are true; thus, no matter how unlikely or improbable, plaintiff's allegations must be accepted as true for the purpose of ruling on the demurrer]...
2022.06.16 Motion to Quash, for Protective Order 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.06.16
Excerpt: ... Proc., § 2025.410, subd. (c); Underwood decl., ¶¶ 21‐22, Exhibits 15‐16.) Bridge Partners' motion for protective order is GRANTED IN PART. (Code Civ. Proc., § 2025.420, subd. (b).) The Court finds that Bridge Partners has established good cause for a protective order, which allows parties and their counsel to appear via Zoom (or similar method). (Ibid.) However, the Court limits to the sought protective order to only non‐deponent indiv...
2022.06.14 Motion for Summary Adjudication 948
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.06.14
Excerpt: ... Code, §§ 452, 453.) The proffered documents are irrelevant to the Court's determination of the instant motion. (Rowland, supra, 4 Cal.4th at p. 268, fn. 6.) Plaintiffs' motion for summary adjudication as to the first cause of action (elder abuse) is DENIED. (Code Civ. Proc., § 437c, subd. (p)(1).) Plaintiffs have failed to establish that defendants took Kaneezan Iqbal's property for wrongful use, with the intent to defraud, or by undue influe...
2022.06.07 OSC Re Preliminary Injunction 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.06.07
Excerpt: ...via P. Boehme should not be held in contempt, filed May 26, 2022. (Evid. Code, §§ 452, subd. (d), 455, subd. (a).) The Court shall afford each party reasonable opportunity before the cause is submitted for decision by the Court to present to the Court information relevant to (1) the propriety of taking judicial notice of the matter and (2) the tenor of the matter to be noticed. (Evid. Code, § 455, subd. (a).) Defendant Doris Wacker's request f...
2022.06.03 Motion to Strike or Tax Costs 411
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.06.03
Excerpt: ...ere reasonably necessary to the conduct of the litigation. (Code Civ. Proc., § 1033.5. subds. (c)(2) – (4).) 2. The motion to strike/tax costs as to court reporter fees ($15,051.59) is GRANTED IN PART. The Court finds that while the court reporter's appearance fee at court proceedings is a recoverable cost, the transcripts from those proceedings were not “ordered by the court.” (Code Civ. Proc., § 1033.5, subds. (a)(9), (11); Gov. Code, �...
2022.06.01 Motion to Dismiss for Lack of Subject Matter 703
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.06.01
Excerpt: ...ion to dismiss for lack of subject matter jurisdiction, lack of standing by plaintiff as follows: The Court construes the issue of the name of/who is the proper plaintiff [standing], including Jack Duran's representation thereof, as a motion for reconsideration of plaintiff D‐Q University Board of Trustees' motion for preliminary injunction, which the Court DENIES. (Code Civ. Proc., § 1008, subd. (a); Sole Energy Co. v. Petrominerals Corp. (20...
2022.05.31 Motion for Judgment on the Pleadings 427
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.05.31
Excerpt: ...e of action alleges that, notwithstanding the express warranties provided to him, defendant violated this provision. (Complaint, ¶¶ 7, 14, 19‐20.) However, defendant asserts that plaintiff's claim for breach of express warranty fails because the subject vehicle was not a “new motor vehicle” as required. (See Civ. Code, §§ 1793.2, subd. (d)(2), 17.22, subd. (e)(2); Complaint, ¶ 7 [“On May 30, 2013, Plaintiff purchased a used 2011 Hyun...
2022.05.24 Motion to Expunge Lis Pendens 948
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.05.24
Excerpt: ...ermination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6 [“Rowland”].) Defendants' request for judicial notice in support of reply is DENIED because this document is irrelevant to the Court's determination of the instant motion. (Rowland, supra, 4 Cal.4th at p. 268, fn. 6.) Defendants' motion to expunge lis pendens is GRANTED. (Code Civ. Proc., § 405.31.) Expungement of the lis pendens is mandated “if the plead...
2022.05.12 Motion to Compel Deposition 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.05.12
Excerpt: ...), 2016.040; Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431–433; Underwood decl., ¶¶ 5‐14, Exhibits 6‐ 8; Cohen decl., ¶¶ 4‐8.) Denial is without prejudice, however, to permit further informal meet and confer efforts aimed at resolving the matter. (Code Civ. Proc., § 2016.040; Obregon, supra, 67 Cal.App.4th at pp. 433–436.) Plaintiff's requests for sanctions are...
2022.05.10 Motion for Summary Adjudication 350
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.05.10
Excerpt: ...les of Court, rule 3.1354(b); See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 531–532.) The Court declines to rule on defendant's evidentiary objections to the Declaration of Aish Khalil, objections 1 and 2, as the evidence objected to is not germane to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) The Court OVERRULES defendant's objections to the Declaration and Second Declaration of Purnima...
2022.04.28 Motion to Compel Further Responses 475
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.04.28
Excerpt: ...de verifications to support his substantive responses to the subject discovery by no later than May 13, 2022. As defendant Hernandez provided timely, hybrid responses (containing objections and substantive responses) to the subject discovery, defendant has not waived his objections. (Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657‐ 658 [“Food 4 Less”].) Regarding plaintiff's request for further responses, pla...
2022.04.26 Application for Right to Attach Order 243
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.04.26
Excerpt: ... 453.) Plaintiff's application for right to attach order as to Flower of Life is GRANTED. (Code Civ. Proc., § 484.010 et seq.) Plaintiff has satisfied the applicable requirements. (See Code Civ. Proc., §§ 483.010, 484.020, 484.090.) First, the claim upon which the attachment is based is one upon which an attachment may be issued. (Code Civ. Proc., §§ 483.010, 484.090, subd. (a)(1).) Plaintiff's conversion cause of action against Flower of Li...
2022.04.13 Motion to Disqualify Opposing Counsel 271
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.04.13
Excerpt: ...c., § 128, subd. (a)(5); People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145–1146.) Defendant does not have standing to bring the present motion to disqualify. (Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356– 1357; cf. Blue Water Sunset, LLC v. Markowitz (2011) 192 Cal.App.4th 477, 485‐486 & 481.) While a non‐client party may bring a motion to disqualify “whe...
2022.04.13 Motion for Protective Order 437
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.04.13
Excerpt: .... (b); Sibley decl., ¶ 14.) Further, plaintiff has provided sufficient justification for propounding 39 special interrogatories on defendant Sibley. (Code Civ. Proc., §§ 2030.040, subd. (b), 2030.030; see Usher v. White (2021) 64 Cal.App.5th 883, 896–897.) Defendants' motion for protective order regarding requests for admissions and form interrogatories is GRANTED IN PART. (Code Civ. Proc., § 2033.080.) With the exception of requests for ad...
2022.04.07 Motions for Summary Adjudication 223
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.04.07
Excerpt: ...AGUILAR 219 through AGUILAR 238. This Court SUSTAINS defendant David Drake's (“Drake”) objections to videos AGUILAR 219 through 223 and AGUILAR 225 as late evidence not authorized by this Court's order of February 4, 2022. This Court considers only videos AGUILAR 224 and AGUILAR 226 which had previously been submitted as attachments to the declarations of Yasmine Salmeron and Raymond Ruano, both filed with the Court January 21, 2022, in suppo...
2022.04.05 Motion for Protective Order 247
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.04.05
Excerpt: ...r duplicative; (2) obtainable from some other source that is more convenient, less burdensome or less expensive; or, (3) unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. (Code Civ. Proc., § 2019.030, subd. (a)(1), (2); Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 672; Murillo v. Superior Court (2006) 143 Cal.App.4th 7...
2022.04.01 Motion to Compel Responses 209
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.04.01
Excerpt: ...ing the instant motion. (Code Civ. Proc., §§ 2016.040, 2030.300, subd. (b)(1), 2031.310, subd. (b)(2), 2033.290, subd. (b)(1); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431–433; Holland decl., ¶¶ 5‐14, Exhibits 6‐10.) 2 of 2 Bridge Partners' request for sanctions is DENIED. (Code Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h), 2033.290, subd. (d).) Bridge...
2022.03.28 Motion for Prejudgment Interest 411
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.03.28
Excerpt: ...v. Santa Fe Pacific Pipelines, Inc. (2014) 231 Cal.App.4th 134, 201‐202 [“The term ‘damages' refers to the monetary sum assessed by a court against a wrongdoer for the commission of a legal wrong of a private nature.”], emphasis in original; Watson Bowman Acme Corp. v. RGW Construction, Inc. (2016) 2 Cal.App.5th 279, 293 [“prejudgment interest is an element of damages, not a cost of litigation.”].) The notice of motion does not provid...
2022.03.15 Motion for Protective Order 243
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.03.15
Excerpt: ...burden and expense.” (Code Civ. Proc., § 2025.420, subd. (b); see also Poeschl v. Superior Court In and For Ventura County (1964) 229 Cal.App.2d 383, 385‐387 [“the existence of such advantages alone will ordinarily not constitute good cause for changing the normal timing of discovery or justify a conclusion that such timing will result in ‘annoyance, embarrassment or oppression.”]; see generally Radcliffe decl.) Further, defendant has ...
2022.03.10 Demurrer, Motion to Strike 935
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.03.10
Excerpt: ...ision giving rise to the instant action is a disputed fact that the Court may not decide upon demurrer. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114 – 115.) The parties are DIRECTED TO APPEAR for the case management conference. Motion to Strike: Defendant's request for judicial notice is DENIED. (Evid. Code, §§ 452, subd. (c), 453; Cal. Rules of Court, rule 3.1113, subd. (l); Post v. Prati (1979) 90 Cal.A...
2022.03.04 Motion for Summary Adjudication 115
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.03.04
Excerpt: ...he motion.”].) The Court does not reach plaintiff's objections to the declaration of Michael J. Perrotti, Ph.D. Defendants' 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 parent or guardian entitled to such custody constitutes an actionable tort.” (Surina v. Lucey (1985) ...
2022.03.01 Applications for Right to Attach Order 243
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.03.01
Excerpt: ...id. Code, §§ 452, 453.) The Court takes judicial notice of nos. 2‐7. (Evid. Code, § 452, subd. (d).) However, the Court declines to take judicial notice of no. 1 as the proffered document is irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6.) 2 of 3 Defendant and Flower of Life's objection to the declaration of Pete Stathis as to no. 10 is OVERRULED. The Court declines to rule ...
2022.02.18 Motion for Judgment on the Pleadings 527
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.02.18
Excerpt: ... 2020; and (3) plaintiff Virgrow Organics, Inc.'s Second Amended Complaint (“SAC”) filed with this Court October 27, 2020. (Evid. Code, §§ 452, subd. (d), 453.) The Court also takes judicial notice of RJN number (6) County of Yolo Ordinance No. 1502 filed August 6, 2018, representing Title 5, Chapter 20 of the Yolo County Code regarding marijuana cultivation in effect February 5, 2019. (RJN, Ex. C; Evid. Code, §§ 452, subd. (b), 453.) Def...
2022.01.26 Motion for Terminating Sanctions, Monetary Sanctions 477
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.26
Excerpt: ...tinued noncompliance with the Court's prior orders to provide verified discovery responses to plaintiffs, and to pay monetary sanctions, warrants terminating sanctions. (Ibid.; Department of Fair Employment & Housing v. Ottovich (2014) 227 Cal.App.4th 706, 712 – 713; Schoech Decl., ¶¶ 4 – 12, 15 – 25, Ex. D.) Price's answer and cross‐complaint are hereby stricken and a judgment by default shall be entered against him. (Code Civ. Proc., ...
2022.01.21 Demurrer 297
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.21
Excerpt: ... Doutherd's second through eighth causes of action (racial discrimination; fraud by employer UPS Freight (concealment and misrepresentation); employment discrimination by UPS Freight harassment and retaliation; additional specific acts of employment discrimination by UPSF, harassment and retaliation after filing 2017 complaint; employment discrimination, lack of accommodation by UPS Freight; medical discrimination and retaliation claims, employer...
2022.01.20 Motions to Compel Responses 397
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.20
Excerpt: ...9.) However, according to defendant's counsel, plaintiff Yuri Romanyuk (“Yuri”) failed to provide any response to the written discovery. (Mayer decl. ISO reply for Yuri written discovery, ¶ 4.) Further, plaintiff Svetlana Romanyuk (“Svetlana”) (1) only provided responses to defendant's form interrogatories and special interrogatories and (2) those responses were unverified. (Mayer decl. ISO reply for Svetlana written discovery, ¶ 4; Mel...
2022.01.20 Motion to Compel Arbitration and for Stay of Proceedings 217
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.20
Excerpt: ..., Inc., Cache Creek Cultivators, Inc., and Cache Creek Cannabis, Inc., are bound by the arbitration provisions contained within the Shareholder Agreements. (SAC, Exhibits A, C.) The Court also finds that defendants Mohammed Adi and MJ Greenfield are estopped from denying they were aware of and benefitted from the Shareholder Agreements containing the arbitration provisions; thus, are also bound by said provisions. (Civ. Code, § 1589; Crowley Mar...
2022.01.11 Motion to Compel Compliance with Subpoenas to Obtain Mental Health Records 223
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.11
Excerpt: ...DENIED. (Code Civ. Proc., § 2025.480.) The Court finds that the instant motion to compel with regard to the subpoena for plaintiff's health/psych records served upon Advanced Psychiatric Associates is untimely as it was filed/served more than 60‐days after provision of Advanced Psychiatric Associates' response to said subpoena. (Code Civ. Proc., § 2025.480, subd. (b); see Board of Registered Nursing v. Superior Court of Orange County (2021) 5...
2022.01.07 Motion for Writ of Mandate 172
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.07
Excerpt: ... Proc., § 1085.) The Court finds that respondent has met its burden of proof under the catch‐all exception to the Public Records Act. (Govt. Code, § 6255, subd. (a); Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325, 1388 ‐ 1389.) The Court finds that respondent has shown that the public interest served by not disclosing the videos clearly outweighs the public interest served by disclosure of the videos as follows: (1) Disclosure of ...
2022.01.07 Motion for Protective Order 217
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.07
Excerpt: ...he controversy raised by the complaint in the instant action was governed by an arbitration agreement. (Radcliffe Decl., ¶ 5; Second Am. Compl., Exs. A, C.) The Court further finds that defendants' discovery requests, requests for site inspections, and deposition notices were premature and placed an undue burden upon plaintiffs; thus, should have been withdrawn, or at the very least postponed, pending the outcome of a motion to compel arbitratio...
2022.01.06 Motion for Leave to File SAC 729
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.06
Excerpt: ...n to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v. Superior Court of Cal. In and For Los Angeles County (1959) 172 Cal.App.2d 527, 530.) While defendant City of...
2022.01.05 Motion for Terminating Sanctions 569
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.05
Excerpt: ...to engage in the discovery process, warrants terminating sanctions. (Code Civ. Proc., § 2023.030, subd. (d)(3); Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 993 [terminating sanctions 3 of 3 are appropriate after repeated failures to provide discovery responses after being ordered to do so]; Wilcoxson Decl., ¶¶ 4 – 9.) The Court orders that this action is DISMISSED WITH PREJUDICE. The Court notes defendants' counsel's statement...
2022.01.04 Demurrer 295
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2022.01.04
Excerpt: ...AINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subds. (e), (f); Aubry v. Tri‐City Hospital Dist. (1992) 2 2 of 3 Cal.4th 962, 967.) The Court finds that the FAC fails to allege, verbatim, the essential terms of the written contract at issue. (See Rodenberry v. Rodenberry (1996) 44 Cal.App.4th 634, 654; Bowden v. Robinson (1977) 67 Cal.App.3d 705, 718; FAC, ¶¶ 4 – 6, 15 – 17.) The Court further finds that exhibit 1 to the FAC (the...
2021.12.20 Motion to Compel Responses 286
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.12.20
Excerpt: ...finds that on December 1, 2021, Anderson served a verification to its “further, further” responses to said interrogatories, which were originally served (unverified) on November 1, 2021. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409; Brazier Decl., ¶ 16, Ex, 16; Garratt Decl., ¶ 6, Ex. B.) Sundt's motion to compel “further, further” responses to special interrogatories, set three,...
2021.12.17 Application for Discovery Relief 045
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.12.17
Excerpt: ...nder uninsured motorist arbitrations”].) The Court finds that applicant has not placed his mental health at issue by filing the present claim with respondent Farmers Insurance Exchange, and respondent acknowledges that it does not seek psychological or psychiatric records. (See Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1017.) Therefore, the Court limits the subject subpoenas to exclude any medical records related to applicant's mental ...
2021.12.14 Motion for Judgment on the Pleadings 573
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.12.14
Excerpt: ... constitute a defense to the complaint. (Ibid; Compl., ¶¶ CC‐1, CC‐2.) Based upon defendant Martha Q. Baeza's admission in her answer, the Court also finds that the defect cannot be cured by amendment, and defendant has not met her burden of showing otherwise. (Pang v. Beverly Hosp., Inc. (2000) 79 Cal.App.4th 986, 989–990; Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 636; see Blank, supra, 39 Cal.3d at p. 318; Answer, ¶ 3(b).) The no...
2021.12.07 Motion for Judgment on the Pleadings 141
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.12.07
Excerpt: ...ss he can demonstrate harm above and beyond a broken contractual promise.” (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) “Conduct amounting to a breach of contract becomes tortious only when it also violates an independent duty arising from principles of tort law.” (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 515.) A “[p]laintiff cannot recover economic damages resulting from negli...
2021.12.03 Motion for Writ of Mandate 172
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.12.03
Excerpt: ... Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [a trial court has broad discretion to accept or reject late‐filed papers].) Respondent the Regents of the University of California's request for judicial notice is GRANTED. (Evid. Code, §§ 452, subds. (c), (d), 453.) Petitioner's motion for writ of mandate directed to respondent is DENIED. (Code Civ. Proc., § 1085.) The Court finds that respondent has met its burden of proof under the catch...
2021.11.19 Demurrer 047
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.11.19
Excerpt: ... that a licensed contractor was required to perform the “site work” identified in the contract at issue between plaintiff and defendant Valley Star Partners, LLC. (Bus. & Prof. Code, §§ 7000, 7026, 7028, 7031; FAC, Ex. A, and exhibit C attached thereto.) The Court also finds that based upon the allegations of the FAC, and the exhibits attached thereto, plaintiff sufficiently alleges that at least some of the “site work” for which plaint...
2021.11.18 Motion to Quash Subpoena 895
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.11.18
Excerpt: ...claimed damages. (Evid. Code, §§ 912, 980; Seahaus La Jolla Owners Assn. v. Superior Court (2014) 224 Cal.App.4th 754, 767; citing Lipton v. Superior Court (1996) 48 Cal.App.4th 1599, 1611–1612 [the scope of discovery extends to any information that reasonably might lead to other evidence that would be admissible at trial].) As to plaintiff's motion quashing the use of documents in this litigation with Bates numbering WM 001419 through WM 001...
2021.10.27 Application for Preliminary Injunction, Motion to Disqualify Counsel 228
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.10.27
Excerpt: ...pearance in the instant action based upon the filing of their motion to disqualify. (See In re Strong's Estate (1942) 54 Cal.App.2d 604, 611 [process is waived by a general appearance, in person or by attorney, entered in the action, or by some act equivalent thereto, such as the filing of a pleading in the case or by otherwise recognizing the authority of the court to proceed in the action].) However, the Court also finds that there are no proof...
2021.10.26 Demurrer 243
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.10.26
Excerpt: ...187 Cal.App.4th 1017, 2 of 5 1030, fn. 7; American Indian Model Schools v. Oakland Unified School Dist. (2014) 227 Cal.App.4th 258, 275–276.) Cross‐ defendant's request for judicial notice in support of reply is DENIED. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 [“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers.”]; see also People v. Rowland (1992) 4 Cal.4th 238, 268...
2021.10.13 Motion for Summary Judgment, Adjudication 895
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.10.13
Excerpt: ...served and filed separately from the other papers…in opposition to the motion.” (Cal. Rules of Court, rule 3.1354(b).) The Court declines to rule on defendant's evidentiary objections to plaintiff's evidence as the evidence objected to is not germane to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary adjudication as to the first cause of action for wrongful term...
2021.10.05 Demurrer 939
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.10.05
Excerpt: ...w when the educational institution makes a specific promise to provide an educational service, such as a failure to offer any classes or a failure to deliver a promised number of hours of instruction.” (Kashmiri v. Regents of University of California (2007) 156 Cal.App.4th 809, 826.) However, unless there was a formal agreement between defendant and its students or an express statement by defendant that it intends to be bound, any alleged agree...
2021.09.24 Motion to Set Aside Default 295
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.09.24
Excerpt: ...leyea v. Campbell (1994) 8 Cal.4th 975, 980 [“Because the law favors disposing of cases on their merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.”]; Colderbank Decl., ¶¶ 2‐14.) Further, defendant has shown “diligence in making the motion after discovery of the default.” (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410; Colderbank Decl., ¶¶ 16‐40.) Defendant's...
2021.09.23 Motion for Consolidation 243
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.09.23
Excerpt: ...ey Boosalis, Mara Getz, and Eric Parise's first amended complaint seeks relief for conversion of the same property identified in plaintiff First Centaur's conversion cause of action for Case No. CV‐2018‐ 1444. (Compare defendant's RJN, no. 3, ¶¶ 59‐61 and defendant's RJN, no. 5, ¶¶ 61‐66, 68.) Moreover, defendant's cross‐complaints filed in each case seek nearly identical factual and legal determinations, only against different part...
2021.09.15 Motion for Terminating Sanctions, Monetary Sanctions 750
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.09.15
Excerpt: ...'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 Stcyr shall be entered. (Code Civ. Proc., § 2023.030, subd. (d)(1), (4).) Plaintiffs' request for monetary sanctions is GRANTED, in the amount of $740.00 against defendant Stcyr. By continuing to di...
2021.09.14 Motion to Enforce Arbitration Agreement 114
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.09.14
Excerpt: ... § 1281.2, 1284.) The case of Felisilda v. FCA US LLC ((2020) 53 Cal.App.5th 486) is binding on this Court. The Court thus finds that plaintiff is estopped from repudiating defendant's enforcement of the express arbitration provision found in the Retail Installment Sales Contract (“Contract”) between plaintiffs and Hoblit Chrysler Jeep Dodge. (Felisilda, supra, 53 Cal.App.5th 486, 495 – 499; Universal Decl., Ex. A.) The Court finds that ba...
2021.09.10 Motion for Judgment on the Pleadings 165
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.09.10
Excerpt: ...he Court finds that plaintiff Hossam Buzgheia failed to record his mechanic's lien pertaining to the work of improvement he performed on defendants' property within the requisite statutory time frame; thus, has waived his right to bring the instant action. (Civ. Code, §§ 8180, subd. (a), 8412, subds. (a)(1), (a)(3); Howard S. Wright Construction Co. v. BBIC Investors (2006) 136 Cal.App.4th 228, 237, 240; See Stanislaus Lumber Co. v. Pike (1942)...
2021.09.09 Motion to Reopen Discovery 411
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.09.09
Excerpt: ...roducts, Inc. (2008) 165 Cal.App.4th 1568, 1586–1587.) The Court finds that defendant did not act with diligence in obtaining a hearing to compel plaintiff's compliance. (Code Civ. Proc., § 2024.050, subd. (b)(2).) Specifically, plaintiff produced the subject spreadsheet, CTGA‐0002507, on August 17, 2020 and the corresponding privilege log on October 19, 2020. (Campbell decl., ¶¶ 8, 10.) Defendant waited until July 9, 2021 to request an un...
2021.09.03 Motion to Deem RFAs Admitted, for Terminating Sanctions or OSC Re Contempt 477
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.09.03
Excerpt: ...re due on or before June 11, 2021. (Schoech Decl., ¶ 6.) Plaintiffs' request for monetary sanctions is GRANTED, in the amount of $900.00 against defendant. (Code Civ. Proc., §§ 2023.010, 2023.020, 2033.280, subd. (c); Schoech Decl., ¶ 9.) Defendant shall pay these sanctions by October 3, 2021. Motion for terminating sanctions or an order to show cause re contempt against defendant: Plaintiffs' request for judicial notice is GRANTED. (Evid. Co...
2021.09.03 Motion for Contempt 033
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.09.03
Excerpt: ...Proc., § 1211; Koehler v. Superior Court (2010) 181 Cal.App.4th 1153, 1169 [stating that “indirect contempt requires there be an initiating affidavit, and without one any contempt order is void.”].) Contempt requires “(1) a valid order, (2) knowledge of the order, (3) ability to comply with the order, and (4) willful failure to comply with the order.” (In re Ivey (2000) 85 Cal.App.4th 793, 798; see also Lyon v. Superior Court of Los Ange...
2021.08.27 Motion for Summary Adjudication 522
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.08.27
Excerpt: ...tions to plaintiff's evidence as the evidence objected to is not germane to the disposition of defendant's motion for summary adjudication. (Code Civ. Proc., § 437c, subd. (q).) Defendant's motion for summary adjudication as to the first cause of action (breach of contract) is GRANTED. (Code Civ. Proc., § 437c, subd. (p)(2).) Defendant has shown that there was not “an actual withholding of benefits due” and therefore, there can be no breach...
2021.08.17 Motion to Compel Further Responses 747
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.08.17
Excerpt: ...ndoza Decl., ¶ 4, Ex. A.) Defendant/cross‐complainant's motion to compel defendant Anytime Fitness, LLC's further responses to special interrogatories, set two, is DENIED AS MOOT. (Code Civ. Proc., § 2030.300.) Defendant Anytime served second supplemental responses to special interrogatories, set two, numbers 34 – 40, on July 15, 2021. (Mendoza Decl., ¶ 4, Ex. A.) The Court declines to rule upon the adequacy of defendant Franchise's or def...
2021.07.13 Motion to Strike 397
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.07.13
Excerpt: ...iffs have sufficiently pled allegations in the first amended complaint to support a prayer for punitive damages. (Civ. Code, § 3294; Taylor v. Superior Court (1979) 24 Cal.3rd 890, 895 – 896, 899; Pfeifer v. John Crane, Inc. (2013) 220 Cal.App.4th 1270, 1299; Compl., second cause of action‐general negligence, ¶ GN‐1.) The notice of motion provides notice of this Court's tentative ruling system; however, the notice cites to previous Local ...
2021.07.01 Motion to Compel Further Responses 751
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.07.01
Excerpt: ...that NGEC has failed to show good cause for responsive documents after 2016. (Code Civ. Proc., §§ 2031.310, subd. (b)(1), 2017.020, subd. (a); FACC, ¶ 30.) Therefore, the Court limits the timeframe of subject requests from 2014 to 2016. In all other respects, the Court finds that NGEC is entitled to the sought documents. Based on the allegations in the FACC, the subject discovery is relevant to defendants' determination of damages. (Code Civ. ...
2021.06.30 Motion for Summary Adjudication 533
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.06.30
Excerpt: ...ministrative remedies regarding this cause of action by not filing an administrative complaint with the Department of Fair Employment and Housing (“DFEH”) that included a charge of sexual harassment, or conduct corresponding thereto, within one year of the date the alleged unlawful practice occurred. (Former Gov. Code, § 12960, subd. (d), amended by stats. 2019, c. 709 (A.B.9), § 1, eff. Jan. 1, 2020; Wills v. Superior Court (2011) 195 Cal....
2021.06.25 Motion for Judgment on the Pleadings 889
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.06.25
Excerpt: ...or judgment on the pleadings is DENIED. (Code Civ. Proc., § 438.) The Court finds that plaintiff Manzar Qayyum's allegation in the complaint that a partnership existed is a question of fact that cannot be determined upon motion for judgment on the pleadings. (Billups v. Tiernan (1970) 11 Cal.App.3d 372, 379; see Spier v. Lang (1935) 4 Cal.2d 711, 716; Compl., ¶ 10.) Defendants' motion to bifurcate is DENIED. (Code Civ. Proc., §§ 598, 1048, su...
2021.06.23 Motion for Judgment on the Pleadings 243
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.06.23
Excerpt: ... second amended complaint (“SAC”) is DENIED. (Code Civ. Proc., § 438, subd. (c)(1)(B).) Defendant has failed to establish that plaintiffs' SAC does not state facts sufficient to constitute causes of action against defendant. (Ibid.) The first cause of action is not mooted by Casey Boosalis' removal as a director of Capay Valley Floriculture because plaintiffs also seek a determination as to whether defendant was properly removed as director....
2021.06.15 Motion to Compel Compliance with Subpoena 663
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.06.15
Excerpt: ...5.) On balance, the Court concludes that non‐party Rebecca Kozlowski's (“Kozlowski”) privacy interest in her financial documents is outweighed by the sought documents' direct relevance and unavailability through less intrusive means. (SCC Acquisitions, Inc. v. Superior Court (2015) 243 Cal.App.4th 741, 754‐755; Barrett decl., ¶¶ 11, Exhibit 9.) However, the Court finds the requests overbroad as to time. (See Code Civ. Proc., § 2017.010...
2021.06.07 Motion for Leave to File Amended Answer 155
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.06.07
Excerpt: ...ITHOUT PREJUDICE. (Code Civ. Proc., §§ 473, 576.) Defendant has not stated what allegations are proposed to be added and/or deleted and where, by paragraph and line number. (Cal. Rules of Court, rule 3.1324(a).) Further, defendant has failed to file a supporting declaration stating: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) t...
2021.06.03 Motion for Leave to File Amended Complaint 751
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.06.03
Excerpt: ...1) when the facts giving rise to the amended allegations were discovered; and (2) the reasons why the request for amendment was not made earlier. (Cal. Rules of Court, rule 3.1324(b).) Further, plaintiff has failed to show justification for the long, unexcused delay in seeking amendment, and the proposed amendments would require the parties to conduct additional discovery. (Rainer v. Buena Community Memorial Hosp. (1971) 18 Cal.App.3d 240, 258 [�...
2021.06.02 Motion for Judgment on the Pleadings 243
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.06.02
Excerpt: ...rt to determine “the validity of any election or appointment of any director” and therefore, plaintiffs cannot obtain relief under Corporations Code section 709. (Morrical v. Rogers (2013) 220 Cal.App.4th 438, 452, 457; FAC, ¶¶ 32‐44.) While the FAC also cites to other sections of Corporations Code, these statutes do not provide a basis for plaintiffs to obtain the requested relief. (Corp. Code, §§ 12360, 12362; FAC, ¶¶ 42‐44.) As t...
2021.05.27 Motion for Summary Adjudication 286
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.05.27
Excerpt: ...8 to the Brazier declaration is OVERRULED. 3 of 4 • Objections nos. 1‐6 to the Teixeira declaration are OVERRULED. • Objections nos. 7‐13 to the Teixeira declaration are SUSTAINED. The Court does not reach Andersen's other evidentiary objections as the evidence objected to is not germane to the disposition of the instant motion. (Code Civ. Proc., § 437c, subd. (q).) Andersen's motion for summary adjudication is GRANTED. (Code Civ. Proc.,...
2021.05.26 Motion to Compel Discovery Responses, Production of Docs 569
Location: Yolo
Judge: Cortes, Sonia 9
Hearing Date: 2021.05.26
Excerpt: ...Proc., §§ 2023.010, 2023.020, 2030.290, 2031.300, 2033.280.) The Court finds that plaintiff did not misuse the discovery process, acted with substantial justification, and other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., §§ 2023.010, 2023.020, 2030.290, subd. (c), 2031.300, subd. (c); DeSantis Decl., ¶¶ 2 – 4.) The Court also finds that plaintiff served a response in substantial compliance with Code of Civ...

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