Excerpt: ...round that the memorandum of costs was filed prematurely. 2 of 2 2. Regarding defendant's deposition costs, service of process, and fees for electronic filing or service, this Court DENIES the motion to tax costs. These are all allowable costs. (Code Civ. Proc., S 1033.5, (a)(3)(A), They were also incurred, reasonably necessary to the conduct of the litigation, and reasonable in amount. (Code Civ. Proc., S 1033.5, subd. (c).) 3. Regarding defenda...

Excerpt: ...eged facts to state this cause of action. (Davis v. (1943) 61 Cal.App.2d 788, 794; citing Burkett v. Griffith (1891) 90 Cal. 532, 541; Am. Compl„ 11 — 13, 49— 53; Exhibits. E— G.) The motion as to plaintiff's sixth cause of action for intentional interference with contractual relationship is GRANTED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., S 438, subd. see Blank v. Kirwan (1985) 39 cal.3d 311, 318.) The court finds that defendant Scott T...

Excerpt: ...or committing fraud and forgery in court waiver fee by lying under penalty or [sic.] perjury under oath in court as follows: Defendant/respondent's motion to deem plaintiffs/pebtoners to be vexatious litigants is DENIED. (Code Civ. Proc., S 391.) The Court finds that defendant/respondent has failed to establish the requisite elements for this Court to deem plaintiff/petitoners to be vexatious litigants. (Ibid.; Morton v. Wagner (2007) 156 cal.App...

Excerpt: ...N PART. (9 U.S.C. S 1, et seq.; Code Civ. Proc., S 1281.2.) The Court finds that plaintiff Martinez Narez's individual PAGA claims are subject to the executed arbitration agreement(s) within plaintiff's employment file. (Stenson Decl., '1 8, Exhibits 1 — 6; Op., p. 2, II. 3—4.) However, the Court finds that the California Supreme Court, in the case of Adolph v. Uber Technologies, Inc. (Case No. S274671), is presently reviewing the issue of wh...

Excerpt: ... have established that there are a triable issues of material fact as to duty, breach of duty and causation. (Civ. Code, S 1714; Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917; T.H. v. Novartis Pharmaceuticals corp. (2017) 4 cal.5th 145, 163; Knight v. Jewett (1992) 3 cal.4th 296, 315; Cabral v. Ralphs Grocery co. (2011) 51 Cal.4th 764, 771 ["in the absence of a statutory provision establishing an exception to the general rule of Civil Co...

Excerpt: ...is Court exercises its discretion to allow the costs of travel to the hearing on December 15, 2022. (Code Civ. Proc., S 1033.5, subd. (c)(4).) A prevailing party is entitled "as a matter of right" to recover costs in any acton or proceeding unless a statute expressly provides otherwise. (Segal v. ASICS America Corp. (2022) 12 Cal.5th 651, 658, quotation marks in original; Code Civ. Proc., S 1032, subd. (b).) Section 1033.5 sets forth the types of...

Excerpt: ...App.4th 742, 749, citing McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 280.) The Court rules upon defendant Larry French's demurrer to [and motion to strike] plaintiff's complaint as follows: Defendant's demurrer to plaintiff's complaint based upon the statute of limitations set forth in Code of Civil Procedure section 366.2(a) and lack of standing as a result thereof is DENIED. (Code Civ. Proc., S 430.10, subd. The Court finds tha...

Excerpt: ...on Inc. dba KDC Construction and defendant McCandless & Associates Inc. have each filed a joinder in defendants Valley Star Partners, LLC, Mitch Engstrom, and Mark Engstrom's motion to require vexatious litigant plaintiff to furnish security. Plaintiff Howard Herships acknowledges in his opposition that Cirks and McCandless have joined in the moton. (See plaintiff's opposition, p. 2.) Plaintiff does not dispute that Cirks and McCandless can join ...

Excerpt: ...nfer process was insufficient shall not be grounds to overrule or sustain a demurrer." l.) Respondent's demurrer to the second, sixth and seventh causes of action on the ground that Randall Wilson is an indispensable party is OVERRULED. (Code Civ. Proc., SS 389, 430.10, subd. (d).) The Court finds that while petitioner Bradford G. Crandall. Sr.'s petition does contain allegations that Mr. Wilson may be a joint tortfeasor, respondent has failed to...

Excerpt: ...f negating an element of this cause of action — that plaintiff Eseosa D. Osunde was performing competently in the position he held. (Code Civ. 2 of 3 Proc„ S 437c, subd. (p)(2); Gov't. Code, S 12940, subd. (a); Moore v. Regents of Univ. of Cal. (2016) 248 Cal.App.4th 216, 235; Guz v. Bechtel Nat'l Inc. (2Cm) 24 cal.4th 317, 355; UMFs 29—43, 51 53, 55, 58, 60-62, 54, 65.) The court further finds that plaintiff has failed to identify admissib...

Excerpt: ...the remainder of the proffered documents [Attachments 2, 3, 5 and 6] as they are not relevant to the Court's determination of the instant motion. (Evid. Code, SS 452, 453; 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.) Accordingly, defendants Robert Chavez, Sky Webb, and Michael Williams' objection...

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...

Excerpt: ...ber 19 is DENIED. (Code Civ. Proc., S 2031.310.) The Court finds that the terms "employment practices", "policies", "procedures" and "discussed" are vague ambiguous and overbroad and does not specifically describe each individual item sought or by reasonably particularizing each category of item sought. (Code Civ. Proc., S 2031.030, subd. (c)(2); Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 222; see Dauis Decl. [filed ...

Excerpt: ...ds that defendants/cross-complainants may not recover fees incurred as to the first cause of achon in plaintiff West Sacramento Hospitality, 3 of 3 LLC's complaint for breach of contract, which was voluntarily dismissed on December 1, 2022. (Civil Code, S 1717, subd. RJN, Exhibits A, B; Folsom Decl., Exhibit D, '1 24.) The Court also finds that while defendants/cross-complainants are the prevailing party on the second and third causes of action [...

Excerpt: ...." l.) Petitioners challenge respondents County of Yolo and Yolo County Board of Supervisors' (collectively, "the County") January 11, 2022 certification of the Environment Impact Report ("EIR") for the Teichert Shiner Mining and Reclamation Project ("Project") and approval of the Project. Petitioners assert that the EIR relied upon for approval of the Project fails to satisfy the requirements of California Environmental Quality Act ("CECA"). (Pu...

Excerpt: ...vil Procedure secton 664.6. (Settlement agreement, '1 17.) Plaintiff and defendants have both invited this Court to enter final judgment in this matter. (Plaintiff's motion, p.6; defendants' opposition, p. 5.) The paramount rule governing the interpretation of contracts is to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as it is ascertainable and lawful [citation]. (City of Chino v. Jackson (...

Excerpt: ...) 174 Cal.App.4th 1453, 1458 [facts of which a party seeking reconsideration was aware of at the time of the original ruling are not "new or different facts," as would support a trial court's grant of reconsideration]; see also Lucas v. Santa Maria Public Airport Dist. (1995) 39 Cal.App.4th 1017, 1028.) The Court also finds that plaintiff failed to file an affidavit in support of this motion, as required. (Code Civ. Proc., S 1008, subds. (a), (b)...

Excerpt: ...rer is SUSTAINED IN PART, as noted. (Code Civ. Proc., S 430.10.) 1. Defendants' joint demurrer on the ground that plaintiff lacks capacity to sue is OVERRULED AS MOOT. (Code Civ. Proc„ S 430.10, subd. (b), 377.32; Ruff decl., 1-6, Ex. A.) 2. Defendants' joint demurrer on the ground that Ruff II is a duplicative action is SUSTAINED IN PART WITHOUT LEAVE TO AMEND, as noted. (Code CIV. Proc., S 430.10, subd. Defendants' joint demurrer to plaintiff...

Excerpt: ... Jamie Wagner's objections to the declaration of Daniel Johnson are SUSTAINED. (Hayman v. Block (1985) 176 Cal.App.3d 629, 638—639; Evid. code, SS 210, 403, 350, 352, 702(a), 800.) All other requests are DENIED and all other objections are OVERRULED. Defendant Jamie Wagner's motion for summary judgment is GRANTED. (Code Civ. Proc., S 437c, subd. Plaintiff asserts two causes of action against Wagner, both dependent on Wagner being the owner of t...

Excerpt: ... set for October 3, 2022. (See Stipulation and Order Continuing Trial, filed September 7, 2022.) The last day to have any discovery motion heard was September 19, 2022. (Code Civ. Proc„ SS 2016.060, 2024.020, subd. (a); see Pelton-Shepherd Industries, 2 of 3 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 ...

Excerpt: ...fornia Rules of Court, rule 3.1345(d). (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892.) The Court further finds that defendant has failed to include any legal argument in fts supporting memorandum of points and authorities regarding plaintiff Eseosa Osunde's provision of verifications to his responses to defendant's request for admission and special interrogatories; thus, fails to comply with California Rules of Court, rule 3.113(b). Finally...

Excerpt: ...fs are estopped from repudiating defendant's enforcement of the express arbitration provision found in the Retail Installment Sale Contract — Simple Finance Charge (With Arbitration Provision) ("Sales Contract") between plaintiff Thomas McGregor ("Mr. McGregor") and Hoblit Chrysler Jeep Dodge Inc. (erroneously sued as and Hoblit Chrysler Jeep Dodge Ram) ("Hoblit"). (Felisilda, supra, 53 Cal.App.5th 486, 495— 499; Sandhu Decl., '1 2, Exhibit A...

Excerpt: ...lic Health ("CDPH") is GRANTED. (Code Civ. Proc., S 1987.1.) The Court finds that CDPH has no authority to disclose any of the requested documents to plaintiffs, and that plaintiffs must request the documents in the possession of CDPH through the Freedom of Information Act. (45 C.F.R. S 2.1, et seq., 45 C.F.R. S 5.1, et seq.; see In re Complex Blood Bank Litigation (1991) 812 F.Supp. 160, 151 [documents may only be produced in private litigation ...

Excerpt: ...fornia Rules of court, rule 3.1345(d). (Mills v. U.S. Bank (2008) 166 cal.App.4th 871, 892.) The court further finds that defendant has failed to include any legal argument in its supporting memorandum of points and authorities regarding plaintiff Eseosa Osunde's provision of verifications to his responses to defendant's request for admission and special interrogatories; thus, falls to comply with California Rules of Court, rule 3.113(b). Finally...

Excerpt: ...ioned Ricardo Alexander Ocampo, individually, and on behalf of all others similarly situated v. NorCal Beverage co., Inc., case No. 30-2021-01226173-CU-OE-CXC. is GRANTED. (Evid. code, S 452, subd. (d); RJN, Ex. A.) Defendant's request for judicial notce of plaintiff Ricardo Alexander Ocampo's first amended complaint is GRANTED. (Evid. Code, S 452, subd. (d); RJN, Ex. A.) Defendant's motion to stay is GRANTED. The Orange County Superior Court exe...