Excerpt: ...that Code of Civil Procedure section 663 is inapplicable in this matter because no judgment has been entered. Code of Civil Procedure section 663 permits a court to set aside and vacate a judgment and to enter “another and different judgment” for an “incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts” materially affecting the substantial rights of the moving party. (Code Civ. Proc., § 6...

Excerpt: ...omplaint. (Cod e Civ. Proc., § 436.) Plaintiff did not seek leave of court to amend the complaint to add previously dismissed or new defendants, or to add new causes of action. (See Gross v. Dep't of Transp. (1986) 180 Cal.App.3d 1102, 1106 [a plaintiff may not amend a complaint to add a new party without leave of court after the sustaining of a demurrer].) Community Water Coalition v. Santa Cruz County Local Agency Formation Com. (2011) 200 Cal...

Excerpt: ...up LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) The Court rules on Skydance defendants' demurrer to plaintiffs Jae Phoenix (“Jae”) and Oakley Phoenix's (collectively, “plaintiffs”) first amended complaint (“FAC”) as follows: • ...

Excerpt: ...6 Cal.App.4th 968, 994; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The face of the complaint includes the three -day notice to pay rent or quit, which must strictly comply with Code of Civil Procedure section 1161(2). (Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94; see also Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600; Complaint, ¶ 9(a)(1), (e), Exhibit 1.) Code of Civil Procedure section 1161(2) provides: “When the tenant continues in p...

Excerpt: .... Rules of Cour t, rule 3.1300(d); Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [stating that “a trial court has broad discretion to accept or reject late -filed papers”].) On February 28, 2025, plaintiffs filed eight discovery motions: • Motion to compel responses and further discovery responses to plaintiffs' form interrogatories, set one, from defendant Waste Management Collection & Recycling, I...

Excerpt: ....3d 311, 318.) Th e Court finds that any alleged conduct occurring prior to January 23, 2021, is barred by the four -year statute of limitations and no amendment can cure this deficiency. (Code Civ. Proc., § 337; Bell v. Bank of California (1908) 153 Cal. 234, 245; Compl., ¶ 13.) • Defendants' demurrer to plaintiff's second cause of action for breach of fiduciary duty is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subds. (e); ...

Excerpt: ....3d 311, 318.) Th e Court finds that any alleged conduct occurring prior to January 23, 2021, is barred by the four -year statute of limitations and no amendment can cure this deficiency. (Code Civ. Proc., § 337; Bell v. Bank of California (1908) 153 Cal. 234, 245; Compl., ¶ 13.) • Defendants' demurrer to plaintiff's second cause of action for breach of fiduciary duty is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subds. (e); ...

Excerpt: ...th 927, 934, citing Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 52 [where a motion is supported by a deficient memorandum, the trial court is justified in denying the motion on procedural grounds]; see also Hood v. Gonzales (2019) 43 Cal.App.5th 57, 73 – 74, citing Sprague v. Equifax, Inc. (1985) 166 Cal.App.3d 1012, 1050 [every brief should contain a legal argument with citation of authorities on the points made and if none is furnished...

Excerpt: ...4th 927, 934, citing Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 52 [where a motion is supported by a deficient memorandum, the trial court is justified in denying the motion on procedural grounds]; see also Hood v. Gonzales (2019) 43 Cal.App.5th 57, 73 – 74, citing Sprague v. Equifax, Inc. (1985) 166 Cal.App.3d 1012, 1050 [every brief should contain a legal argument with citation of authorities on the points made and if none is furnishe...

Excerpt: ...00) 24 Cal.4th 415, 422.) Defendant East Penn Manufacturing Co.'s motion to compel arbitration of plaintiff's individual PAGA claims and stay representative PAGA claims pending the conclusion of arbitration is GRANTED. (9 U.S.C. § 1 et seq.; Code Civ. Proc, § 1281.4.) Plaintiff does not dispute that his individual PAGA claims are subject to arbitration. (See Hood v. Gonzales (2019) 43 Cal.App.5th 57, 73 – 74 [every brief should contain a lega...

Excerpt: ... Jr.'s motion for summary judgment, or in the alternative, summary adjudication, as follows: • Respondent's motion for summary adjudication as to issue number 1 and issue number 3 is DENIED. (Code Civ. Proc., § 437c, subd. (f)(1), (p)(2).) Respondent fails to meet his initial burden to show that petitioner does not have standing to bring the first and second causes of action in her Petition for Removal of Trustee filed November 2, 2022 (“Pet...

Excerpt: ...to when plaintiff Cody Reilly discovered “the facts constituting the fraud or mistake.” (Code Civ. Proc., § 338, subd. (d); see Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; see also Teitelbaum v. Borders (1962) 206 Cal.App.2d 634, 638 - 639; Hertz Drivurself Stations, Inc. v. Ritter (1937) 91 F.2d 539, 543 [a cause of action pursuant to section 338, subdivision (d), does not accrue until th...

Excerpt: ...n to compel further responses to form interrogatories, set one, and motion to compel further responses to request for production of documents, set one, are DENIED AS MOOT. (Code Civ. Proc., §§ 2030.300, 2031.310.) On February 20, 2025, defendant served amended responses and verifications to these discovery requests. (Urbanic decls., ¶ 10, Exhibits 4 & 5.) Plaintiff's requests for sanctions are DENIED. (Code Civ. Proc., §§ 2023.010, 2023.030,...

Excerpt: ...).) The Court finds that plaintiff Ashley Stewart states facts sufficient to constitute this cause of action. (Del E. Web b Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604; see Voris v. Lampert (2019) 7 Cal.5th 1141, 1150 – 1151; Zaslow v. Kroenert (1946) 29 Cal.2d 541, 550; FAC, ¶¶ 99 - 103.) Defendants' demurrer to the sixth cause of action for fraudulent concealment is OVERRULED. (Code Civ. Proc., § 430.10, subds. (e).) T...

Excerpt: ...ly filed - the applica ble two - year statute of limitations began to run on the date plaintiff was injured, December 15, 2019. (Code Civ. Proc., § 335.1; see HydroMill Co., Inc. v. Hayward, Tilton & Rolapp Ins. Associates, Inc. (2004) 115 Cal.App.4th 1145, 1153; Johnson v. Open Door Community Health Centers (2017) 15 Cal.App.5th 153, 159; see also Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1109 - 1110; Compl., ¶¶ 1, 25, 35.) If no hearin...

Excerpt: ...iled to provide the Court with any of the exhibits identified in the moving papers. (Cal. Rules of Court, rule 3.1113(b) [“The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.”]; see Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 934, citing Chavez v...

Excerpt: ...they failed to pay all required fees to continue the arbitration within the statutory deadline. (Code Civ. Proc., § 1281.98, subd. (a); Cvejic v. Skyview Capital, LLC (2023) 92 Cal.App.5th 1073, 1078.) However, the Court further finds that defendants acted with substantial justification or that other circumstances make imposition of the sanctions sought by plaintiff unjust. (Code Civ. Proc., §§ 1281.98, subd. (c), 1281.99, subd. (b); Snyder De...

Excerpt: ...an authorized pleading. ( See Code Civ. Proc., § 1005, subds. (b), (c).) The State's request for judicial notice as to item number 1 is GRANTED. (Evid. Code, §§ 452, subd. (d), 453.) However, the Court declines to take judicial notice of the facts contained therein. (See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564, citing 2 Jefferson's California Evidence Benchbook (2d ed. 1982), § 47.2, p. 1757.) The State's request for judicial notice...

Excerpt: ...va Decl., ¶ 15.) Defendant City of Davis' request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The proffered documents are not relevant to the Court's determination of this motion. (People v. Rowland (1992) 4 Cal.4th 238, 268, fn. 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notice in eith...

Excerpt: ...er of pages. Motion for rehearing on cross -defendants' motion for summary judgment: Cross -defendants William Parcell and Theresa Parcell's request for judicial notice as to Exhibits A - C and request number 4 is DENIED because the items requested are not the proper subjects of judicial notice. (Evid. Code, §§ 452, 453.) The Court construes cross - defendants' motion for rehearing on cross -defendants' motion for summary judgment as a motion p...

Excerpt: ...(a); Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 752 [“the court may take judicial notice on its own volition”].) 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 Ro...

Excerpt: ...rgument or legal au thority found in pages exceeding the maximum permitted number of pages. Defendant Regents of the University of California's request for judicial notice is GRANTED. (Evid. Code, §§ 452, subd. (d), 453.) However, while the Court may take judicial notice of the existence of each document in a court file, it can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions...

Excerpt: ...he required elements for fraudulent concealment are (1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose the fact; (3) the defendant intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would have acted differently if the concealed or suppressed fact was known; and (5) the plaintiff sustained damage as a result of the concealme...

Excerpt: ...s' replies. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [stating that “a trial court has broad discretion to accept or reject late -filed papers.”].) On the Court's own motion, plaintiffs' motions to compel defendant's further responses to request for admissions, set one, and request for production of documents, set one are CONTINUED to March 26, 2025, at 9:00 a...

Excerpt: ... see Dumas v. Los Angeles County Bd. of Supervisors (2020) 45 Cal.App.5th 348, 355; see generally Bowley Decl. ISO demurrer).) Despite this insufficiency, the Court will reach the merits of the demurrer. The Court rules on defendants' demurrer as follows: Defendants' demurrer to the first cause of action for battery is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) The Court finds that plaintiff Sheryl Cornelius has stated facts sufficient t...