Excerpt: ... Plaintiff informed Defendant Ryan that Plaintiff needed her job at Short Circuit Electric (SCE) and wanted to keep their relationship professional and not cross any lines. Defendant SCE responded that that Defendant “has insufficient information or belief to answer”. 2. Defendant's First, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Fourteenth, Sixteenth, Seventeenth, Twentieth, Twenty‐ First, Twenty‐Fifth, Twent...

Excerpt: ... Plaintiff informed Defendant Ryan that Plaintiff needed her job at Short Circuit Electric (SCE) and wanted to keep their relationship professional and not cross any lines. Defendant SCE responded that that Defendant “has insufficient information or belief to answer”. 2. Defendant's First, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Fourteenth, Sixteenth, Seventeenth, Twentieth, Twenty‐ First, Twenty‐Fifth, Twent...

Excerpt: ...plaint on the grounds that they fail to state allegations sufficient to constitute a cause of action against it. The Court rules as follows: 1. FIRST CAUSE OF ACTION ‐ LIBEL: Vicarious liability of County of Amador for action of Defendant Forster, Member of its Board of Supervisors. Sustained without leave to amend for failure to state a valid cause of action necessary to establish vicarious liability against County of Amador for the acts of De...

Excerpt: ...t plead specific facts to establish every element of a cause of action. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879.) A court should treat a demurrer as admitting all material facts that are properly pled, but need not accept conclusions, contentions or deductions of law or fact. (Blank, 39 Cal.3d at 318.) Plaintiff is required to plead factual allegations addressing the elements of each cause of action. Although pleadings are ...

Excerpt: ...ause of action. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879.) A court should treat a demurrer as admitting all material facts that are properly pled, but need not accept conclusions, contentions or deductions of law or fact. (Blank, 39 Cal.3d at 318.) Plaintiff is required to plead factual allegations addressing the elements of each cause of action. Although pleadings are to be liberally construed, they must nonetheless set for...

Excerpt: ...ection. Defendant's requests are GRANTED. Demurrer A demurrer challenges the sufficiency of a complaint based on defects that appear on its face or from matters that are subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; CCP §430.10.) To survive a demurrer, a complaint must plead specific facts to establish every element of a cause of action. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879.) A court should tre...

Excerpt: ...n Department 1. Plaintiff's Motion to file First Amended Complaint is DENIED without prejudice. CRC 1.21(a) provides: “Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented.” (Emphasis added.) Plaintiff filed a proof of service on November 10, 2021 showing Defendant Shawn Karai, dba New York Family Fitness, was personally served with the motion on October 14, 2021...

Excerpt: ...as a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. … (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of...

Excerpt: ...on new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. CCP §1008(a) (emphasis added). R...

Excerpt: ...al economy, increase potential settlement, and avoid prejudice to Defendant SUN 49er. Defendant argues that due to Plaintiff ADAMS intoxication at the time of the fall, liability is strongly contested, but will only take 5 days or less to try, including jury selection, while the damages issues are more complex, and due to the number of witnesses and expert witnesses, will take closer to 30 to 35 days to try. (Witzman Decl., ¶ 3, ¶ 9.) Defense c...

Excerpt: ...orp. (1992) 4 Cal.App.4th 857, 879.) A court should treat a demurrer as admitting all material facts that are properly pled, but need not accept conclusions, contentions or deductions of law or fact. (Blank, 39 Cal.3d at 318.) Plaintiff is required to plead factual allegations addressing the elements of each cause of action . Although pleadings are to be liberally construed, they must nonetheless set forth essential facts with reasonable precisio...

Excerpt: ...e of Plaintiff's fax transmission is unsupported by legal authority. Plaintiff's request is DENIED. Timeliness: The court's ruling was served by mail on September 23, 2021. Plaintiff's motion for reconsideration was filed on October 13, 2021 and a “Second Amended” motion for reconsideration was filed on October 14, 2021. Plaintiff attaches a purported copy of the stamped envelope from the court alleging it shows that the ruling was not actual...

Excerpt: ...quest for judicial notice is granted. Motion to Strike Per CCP §436, the court may, upon a motion made pursuant to CCP §435 or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleading” or strike “out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Twenty‐First Affirmative Defense: Plaintiff moves ...

Excerpt: ...s is DENIED. 1) Plaintiff's Motion for Order for Forensic Document Examination: Plaintiff's motion alleges that in response to discovery requests, Defendant provided a copy of an “Addendum to Membership Agreement” and that the purported signature of Plaintiff on that agreement is a forgery . Plaintiff now seeks an order that Defendant pay for “all expenditures for the forensic examination”. Plaintiff provides no legal authority for the no...

Excerpt: ... on contracts).) Plaintiff's requests attorneys' fees in the amount of $2,500, pursuant to Civil Code § 1717: (a) In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specif...

Excerpt: ...ontractor's License pursuant to Ev. Code § 452. (Defendant's P&A's, pg. 7, lines 7‐25.) Plaintiff objects on the grounds that the document (building permit) has not been authenticated and the request does not include the declaration of any witness with personal knowledge of Exhibit A. Further, Defendant offers no authenticated copy of Dave Evans' license. The listing of a name and number on an application for a building permit is not sufficien...

Excerpt: ...s granted. 2. All pleading and papers filed in this case. No objection, Plaintiff's request is granted. 3. The court's order dated April 19, 2021 granting Plaintiff's Motion to Compel the Deposition of Debbie LaVielle and Production of Documents and the court's order dated August 23, 2021, granting Plaintiff's Motion to Compel the Deposition of the PMK regarding Admission and resetting the Motion to Strike and Request for Sanctions to October 4, ...

Excerpt: ...s showing reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (CCP §2016.040.) While the moving party's declaration and the transcript attached show that Mr. Fick did attempt, several times throughout Mr. Faro's deposition, to communicate to Mr. Small that Mr. Faro's conduct was unacceptable, this does not constitute a sufficient meet and confer declaration stating facts showing reasonable and good ...

Excerpt: ...nt.” (Opposition, Exh. 2.) There is no objection. Plaintiff's request for judicial notice should is GRANTED. Law and analysis: Defendant first seeks relief from the judgment under CCP § 473(b), for “mistake”. However, CCP § 473(b) provides, in part, “Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made wi...

Excerpt: ...e any Property Levied Upon Pursuant to the Writ filed September 28, 2021 is STRICKEN. California Code of Civil Procedure § 1008 governs motions for reconsideration. Subdivision (a) provides: When an application for an order has been made to a judge, or to a court, and refused in whole or in part… any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or differ...

Excerpt: ...sted as to that tentative ruling and it was adopted by the court on August 9, 2021. “… the pendency of an appeal does not divest the trial court of jurisdiction to determine ancillary or collateral matters which do not affect the judgment on appeal. (Silver v. Gold (1989) 211 Cal.App.3d 17, 26.) Whether a matter is “embraced” in or “affected” by a judgment within the meaning of section 916 depends upon whether postjudgment trial court...

Excerpt: ...s and Restrictions of Jackson View, recorded December 19, 2006 with the Amador County Recorder as Document No. 2006‐0014765‐00. (Defendant's RJN Exh. B.) 3. Deed of Trust, recorded June 29, 2007, with the Amador County Recorder as Document No. 2007‐0007342‐00. (Defendant's RJN Exh. C.) 4. Modification of Deed of Trust, recorded December 31, 2007, with the Amador County Recorder as Document No. 2007‐0013669‐00. (Defendant's RJN Exh. D....

Excerpt: ...e Code §§ 452(b)(g)(h). (Defendant's Accompanying Statement of Evidence, Exh. 11.) 4. At all times relevant, Dr. Robert Russell was Superintendent of the Amador County Office of Education pursuant to Evidence Code §§ 452(g)(h). 5. At all times relevant, Dr. Amy Slavensky was Superintendent of the Amador County Unified School District pursuant to Evidence Code §§ 452(g)(h). 6. On April 28, 2020, Plaintiff filed a complaint alleging sexual ha...

Excerpt: ...lified Regarding the History of Centerline Rumble Strips on State Route 16 2. Motion to Compel the Deposition of Caltrans Person Most Qualified Regarding the Roadway Departure Safety Implementation Plan and Centerline Rumble Strips 3. Motion to Compel the Deposition of Caltrans Custodian of Records These matters need to be discussed at the hearing on August 19, 2021. In reviewing the three motions, the defendant Department of Transportation throu...

Excerpt: ...at the trial court shall take judicial notice of any matter specified in Section 452 if the party requests it and: Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and furnishes the court with sufficient information to enable it to take judicial notice of the matter. Plaintiff objects to request for judicial notice of the Order issued by the...

Excerpt: ... the length of time since the incident, the court finds that Defendant's motion needs to be addressed and that Plaintiff should have the opportunity to respond to the legal argument in Defendant RUSHING's Reply. Therefore, the court orders the hearing date is continued to the date above, and that Plaintiff may file further responsive pleadings no later than five (5) calendar days prior to the hearing. Unless a hearing is requested, this ruling is...

Excerpt: ...nt. There are no objections to Defendant's request(s) for judicial notice. Defendant's request is GRANTED. Court rules on evidentiary objections as follows: Opposing party Plaintiff made no evidentiary objections. Moving party Defendant made the following objections to Plaintiff's Statement of Undisputed Facts and Plaintiff's Response to Defendant's Undisputed Material Facts: • Objection No. 1 – UMF's Nos. 1, 2, 3, 5, 6, and 8. Pursuant to CC...

Excerpt: ...nt to Evidence Code § 452(d). Defendants' request for judicial notice is GRANTED. Summary Judgment A plaintiff in an action for unlawful detainer may move for summary judgment; this is wholly consistent with the basic statutory purposes of unlawful detainer – a speedy determination of the right to possession. (Knowles v. Robinson (1963) 60 Cal.2d 620, 625; Gonzales v. Jim Properties (1974) 37 Cal.App.3d 1029.) (Summary judgment process applica...

Excerpt: ...� 29 of the SAC. In summary, paragraphs 23‐29 of the SAC allege negligence per se is presumed from Defendant's violations of applicable building codes requiring sidewalks and curbs conform to specific standards and that the violation was a direct cause of Plaintiff's injury. Negligence per se is an evidentiary doctrine codified at Ev. Code § 669. It creates a presumption of negligence if four elements are established: (1) the defendant violate...

Excerpt: ...but are declarants in Defendants Summary judgment/Summary Adjudication Motion. The court notes, infra, that the Plaintiffs Consolidated Declarations in support of the Motion to Compel are not specific as to the page or paragraph of the Defendant's expert's declarations that are “factually incorrect”. Further, the court declines to search through the declarations of Nelson and Rossetter to determine where the plaintiffs allegations regarding t...

Excerpt: ...s of improper conduct at his last job to defense counsel in cases where officer testified . (Exh. A.) Objection Although the court may take judicial notice of the decision law of another jurisdiction , defendant does not proffer its first two requests for judicial notice for that purpose (there are no citations to the proffered authority in its supporting memorandum of points and authorities.) (See Evid. Code Section 452.) Instead, defendant pres...

Excerpt: ...necessary costs or delay. In support of the motion, Plaintiff argues that the factual issues of both cases are very similar. Dr. Salerno performed a laparoscopic inguinal hernia repair with 3D Bard mesh on both JACK and JUDSON. Both JACK and JUDSON's surgeries failed and both allege they failed because Dr. Salerno failed to properly place the Bard mesh over the hernia defect. Both JACK and JUDSON allege Dr. Salerno dismissed their concerns and re...

Excerpt: ... 137 S. Ct. 1773, 1779.) A California court's ability to exercise personal jurisdiction over a defendant based on contacts with a state depends on the nature and quality of defendant's “contacts” with the state. U.S. Supreme Court decisions recognize two types of jurisdiction: (1) general jurisdiction and (2) specific (or case‐linked or limited). (Bristol‐Meyers Squibb Co., supra at pp.1779‐1780.) Jurisdiction over a defendant can be ei...

Excerpt: ...482.) Demurrer A demurrer challenges the sufficiency of a complaint based on defects that appear on its face or from matters that are subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; CCP §430.10.) To survive a demurrer, a complaint must plead specific facts to establish every element of a cause of action. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879.) A court should treat a demurrer as admitting all mater...

Excerpt: ...he court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of settlement. The notice, application, and proposed order shall be given by certified mail, return receipt requested. Proof of service shall be filed with the court. Within 25 days of mailing the notice, application, and proposed order, or within 20 days or p...

Excerpt: ...djudication (filed September 2, 2020) as to Plaintiffs' First Amended Complaint (based primarily on which Statute of Limitations applies ‐‐ UCC 3‐118(a) or CCP 337(a)) Determining whether a Statute of Limitations has run or not is ordinarily a question of fact; however, determining which Statute of Limitations applies is a question of law. It is the duty of the trial court to make that determination. (Marron v. Superior Court (2003) 108 Cal...

Excerpt: ...92) 4 Cal.App.4th 857, 879.) A court should treat a demurrer as admitting all material facts that are properly pled, but need not accept conclusions, contentions or deductions of law or fact. (Blank, 39 Cal.3d at 318.) A court may consider judicially noticeable facts in ruling on a demurrer. (CCP §430.30(a); Stormedia Inc., v. Superior Court (1999) 20 Cal.4th 449, 457 n.9.) Plaintiff is required to plead factual allegations addressing the elemen...

Excerpt: ...on for summary judgment or summary adjudication of issues, burden is on plaintiff to prove every element necessary to establish its right to relief it seeks and to disprove every affirmative defense asserted against it ; until that point, defendant has no burden to produce opposing evidence or to disprove anything at all. (United Community Church v. Garcin (1991) 231 Cal.App.3d 327.) Plaintiff's points and authorities and separate statement fail ...

Excerpt: ...f the default in the manner set forth in paragraph 2 of the Stipulation for Conditional Entry of Judgment filed December 28, 2015; 2) A record of all payments made by Defendant pursuant to the Stipulation, and; 3) A detailed description as to Plaintiff's efforts to contact Defendant at all known addresses, email and otherwise, in regard to both the notice of the default and the service of the instant motion. Parties are ordered to personally appe...

Excerpt: ...d within the 10 year period of enforceability provided by CCP § 683.130(a): (a) In the case of a lump‐sum money judgment or a judgment for possession or sale of property, the application for renewal of the judgment may be filed at any time before the expiration of the 10‐year period of enforceability provided by Section 683.020 or, if the judgment is a renewed judgment, at any time before the expiration of the 10‐year period of enforceabil...

Excerpt: ...ght to object, including objections based on privilege or the protection for work product. (CCP § 2031.300(a).) Although Plaintiff did make some attempt to meet and confer before filing the instant motion , meet and confer efforts are not mandatory where no responses whatsoever have been received. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905‐906.) Where no response is received, the party making the demand may move for an order compe...

Excerpt: ... confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer”. Further, the Memorandum is unsigned by Defendant and was improperly served under CCP § 1013. DEMURRER The function of a demurrer is to test the legal sufficiency of a pleading . (Rakestraw v. Cal. Physicians' Servic...

Excerpt: ...nostic and Statistical Manual of Mental Disorders, (DSM‐5), Exhibit 1.3‐4, DSM‐5 Diagnostic Criteria for PTSD pursuant to Evidence Code §§ 452(d)(h). Defendant objects to Plaintiff's request on the grounds of lack of authentication, lack of expert testimony and irrelevance. (Evid. Code §§§ 1400, 720, 122, 210) Objection sustained. Factual Summary On or about January 12, 2020, Defendant, Nadine Raymond, commented on a Facebook post of B...

Excerpt: ...hall be granted when the moving party demonstrates "that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law CCP Section 437c(c). In making its decision the court may rely on affidavits, declarations, or matter of which judicial notice may be taken. CCP Section 437c(b). On plaintiff's motion for summary judgment or summary adjudication of issues, burden is on plaintiff to prove ev...

Excerpt: ...leading . (Rakestraw v. Cal. Physicians' Service (2000) 81 Cal.App.4th 39, 42) In reviewing the sufficiency of a complaint against a general demurrer, the court treats the demurrer as admitting all material facts properly pleaded, as well as matters which may be judicially noticed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) However, contentions, deductions or conclusions of fact or law are insufficient to constitute a cause of action . (Id.) Fa...

Excerpt: ... (Rakestraw v. Cal. Physicians' Service (2000) 81 Cal.App.4th 39, 42) In reviewing the sufficiency of a complaint against a general demurrer, the court treats the demurrer as admitting all material facts properly pleaded, as well as matters which may be judicially noticed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) However, contentions, deductions or conclusions of fact or law are insufficient to constitute a cause of action . (Id.) “A pleadi...

Excerpt: ...set three) Special interrogatory number 6; Request for production number 11 “List of names and addresses of any provider of a collateral source payments affected by Government Code Section 985; and the amount provided to Richard Prasad from each collateral source” Plaintiff is ordered to provide complete and non‐evasive responses to include any additional provider who provided treatment to Richard Prasad from July 17, 2018 to present. In ad...

Excerpt: ...A and DOES 1 through 10, inclusive, knowingly, willfully, and purposefully operated Defendant's vehicle on the public streets and highways after knowingly, willfully and purposefully ingesting intoxicating substances to the point of legal intoxication. Defendant GARCIA and DOES 1 though 10', inclusive, operation of a vehicle while intoxicated at unsafe speeds and in a reckless manner caused the collusion with Plaintiff 's vehicle. These actions c...

Excerpt: ...requests the court take judicial notice of the complete record and file in Amador Superior Court Case No . 17 CR 26191‐03 pursuant to Evidence Code §§ 452 and 453. Plaintiff's request for judicial notice is granted as the contents of the file are relevant in showing the conflict between the parties is personal, and not of public interest. Evidentiary Objections – Moving Party Defendant Objection No. 1 – Declaration of Cameron Crocker, p. ...

Excerpt: ...E RULING: PART 3 In their Reply, Defendant argues such statements, made in the course of a judicial proceeding, are completely privileged and cannot form the basis for a slander cause of action citing Civil Code § 47 and Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss & Karma, Inc. (1986) 42 Cal.3d 1157, 1163. (Reply, p. 2 lines 12‐16) However, the court in Flatley v. Mauro, 39 Cal.4th 299 at 324 did not find the privilege to be so absol...