Excerpt: ...2,77.) The com plaint must sufficiently allege every element of the cause of action and state the Plaintiff's standing to sue to properly state a cause of action. (Shaeffer v. Califa Farms, LLC (2020) 44 Cal. App. 5th 1125, 1134.) The pleading must state ultimate facts which, when taken as a whole, apprise the Defendant of the factual basis of the claim. While the court must assume the truth of all facts properly pled, or judicially noticeable fa...

Excerpt: ...hat t he parties acted with substantial justification. Page 2 of 5 **Please contact Judicial Courtroom Assistant, Wendy Guerrero, at (831) 636 -4057 x129 or [email protected] with any objections or concerns. Motion 2 Plaintiff's Motion to Strike Prel iminary Statement from ACCO Engineered Systems' Untimely Responses to the First Set of Special Interrogatories is DENIED. To properly respond to each discovery request, each answer or obj...

Excerpt: ...son most qual ified to respond to a discrete area of inquiry. While it is true that natural persons may only be deposed once without leave of court or consent of the deponent, governmental entities, such as Defendant are not natural persons. Moreover, the person most k nowledgeable is not deposed as a natural person, but rather as the voice of the entity in question, whether that be a corporation, an association, or as here, a governmental entit...

Excerpt: ... section 452 require s the Court to construe the allegations of pleadings liberally. (Porten v. Univ. of San Francisco (1976) 64 Cal.App.3d 825, 833.) In addition, in considering a Demurrer, the Court must accept as true all facts alleged in the Complaint. (Fundin v. Chicago Pneumatic Tool Co. (1984) 152 Cal.App.3d 951, 955.) As to the Fourth Cause of Action, Cross -Complainant has sufficiently pled facts to constitute a cause of action for wrong...

Excerpt: ...ry to its defense. (Rosenthal v. Great Western Fin. Securities Corp. (1995) 14 Cal. 4th 394, 413.) There is strong policy in favor of the arbitrability of contracts. (Eriksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak St. (1983) 35 Cal. 3d. 312, 323.) under both the Federal Arbitration act and the California Arbitration act, given the public policy objectives of the acts, "any doubts regarding arbitrability of a dispute are resolved i...

Excerpt: ...n 15 calendar days of this order. Defendant General Motors' Motion to Compel Defendant's Motion to Compel the Deposition of Plaintiff is DENIED. When a party is served with a deposition notice but fails either to appear for examination or to proceed with it, or to serve a written objection to the notice at least three calendar days before the scheduled date for the deposition, the party giving notice may move for an order to compel the deponent's...

Excerpt: ...emurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) The court does not look to a plaintiff's ability to prove the allegations in the complaint, or whether they will be able to make such proofs in assessing whether the complaint is legally sufficient. (Alcorn v. Anbro Eng'g, Inc. (1970) 2 Cal. 3rd 493,496.) A complaint "is suffic:ient if it alleges ulti...

Excerpt: ...sideration Defendant's Motion for Reconsideration is DENIED. A party may seek a reconsideration of a court's order or ruling within 10 days of the issuance of the order, on the basis that reconsideration is warranted by the discovery of new facts or new law. (Cal. Code of Civ. Proc. 51008.) There are no new facts or law presented in this motion, nor should the court exercise discretion to grant relief in the face of Defendant's ongoing failure to...

Excerpt: ... Documents, Set One, on Caltrans. The requests at issue, generally, seek records and reports involving or occurring near the location of the incident that is subject to the current lawsuit. Caltrans replied to each request that, "despite a diligent search and reasonable inquiry into the requested documents, Defendant is unable to comply because the requested documents are not in Defendant's possession." Plaintiffs rely on the existence of a state...

Excerpt: ...ndards Enforcement v. Davis Moreno Constr. Inc. (2011) 193 Cal.App.4th 560, 570.) Such a motion may be filed at any time. (See Manson, Inver & York v. Black (2009) 176 Cal.App.4th 36, 42.) However, a judge may deny the moton if the defendant has not exercised diligence in seeking relief after discovering the mistake and if the plaintiff has been prejudiced by the lack of diligence. (See Rappleya v. Campbell (1994) 8 Cal.4th 975, 983-984.) Here De...

Excerpt: ... 4th 758, 768.) Ordinarily, a request for the court to reconsider a prior decision must be made within ten days after the service of notice of the entry of the underlying order (CCPS1008(a).) However, this tme constraint is inapplicable when a party renews a motion or the court, sua sponte, reconsiders an order when there has been a change in law. Therefore, the court determines that based on the announcement of the decision in Garcia v. Superior...

Excerpt: ...ially and unilaterally scheduled, for October 13, 2022. Defendant served their objections to the foregoing on Plaintiff one day prior to the date scheduled for the deposition. Defendant objected to all of the areas of inquiry on the bases of relevance, over‐breadth, burdensomeness, privilege (attorney‐client), and trade secret information. On September 27, 2022, Plaintiff served Defendant by email with the Request for Production of Documents,...

Excerpt: ... would be produced, or are otherwise non-complaint. Similarly, Defendant requests monetary sanctions of $1800 pursuant to CCP §2023.010.2023.020. 2023.030, and 2033.290(c), representing the reasonable expenses including fees incurred as a result of non-compliant responses and the failure to meet and confer in good faith to informally resolve the dispute. In general, any party may obtain discovery by inspecting, copying, testing, or sampling docu...

Excerpt: ...e the court issued its order, the Objector has also failed to state new or different laws as a basis for the motion. In the absence of new or different facts, the motion for reconsideration must be denied. The Objector's motion to amend pleadings and set aside the order of May 26, 2022 pursuant to Code of Civil Procedure 473 is also DENIED. While the Objector is correct that the policy of the courts favors disposition of matters on their merits, ...

Excerpt: ...ncluding but not limited to the costs of his medical care, wage loss, and loss of earning capacity. (Complaint ¶¶ 7,8.) Based on the alleged damages Defendant subpoenaed records on February 7, 2022 from Marine Diving Solutions, LLC, the company which Plaintiff is both owner and employee. The subpoena was accompanied by a notice to consumer or employee and for objections. The Defendant received neither objections nor the requested documents by M...

Excerpt: ...earing date on the motion, which defeats the motion to deem admitted. (St. Mary's v. Superior Court (2014) 223 Cal. App. 4th 762, 776‐ 778.) Defendant's motion to be relieved from waiver of all objections for lack of timely response to discovery is GRANTED. Review of the correspondence recounting counsel's communication to extend time to respond to discovery shows an intent to stay formal discovery until thirty days (30) after mediation had occ...

Excerpt: ...nctions is denied. The court finds that the deponent and counsel acted with substantial justification and that monetary sanctions would be unjust. Although the substitution of counsel occurred on the eve of the deposition, Mr. Stockton was only given less than two full business days to respond with new dates. The evidence presented indicates that the witness was ill and therefore unavailable for the deposition. Finally, on multiple occasions, Mr....

Excerpt: ...ent. (See Medix Ambulance Serv. Inc. v. Superior Court (2002) 97 Cal.App.4th 109, 118.) Regarding the Third Cause of Action, there is no private right of action for civilly enforcing Penal Code section 653.2. (See Cal. Penal Code §637.2.) As for the Fourth Cause of Action: False Light Invasion of Privacy, the words and phrases allegedly used by Defendant Resendiz are non‐actionable for purposes of this particular cause of action. False light �...

Excerpt: ... action were made without leave of court and beyond the scope of the order permitting leave to amend and Plaintiff failed to seek leave to amend beyond the scope of the order. For these same reasons, the Motion to Strike is GRANTED as to the newly named defendant, San Benito County Board of Supervisors. Demurrer The demurrer is SUSTAINED with leave to amend as to Plaintiff's Amended Complaint. Plaintiff must file and serve any amended complaint n...

Excerpt: ...p.3d 1071, 1081 (emotional and mental distress, pain and suffering, humiliation, and damage to reputation); Cooper v Jevne (1976) 56 Cal.App.3d 860, 871 (fraud); Shelton v Superior Court (1976) 56 Cal.App.3d 66, 82 (loss of consortium); Miller v Hoagland (1966) 247 Cal.App.2d 57, 60 (slander); Collins v County of Los Angeles (1966) 241 Cal.App.2d 451, 454 (false arrest and imprisonment); Tietz v Los Angeles Unified Sch. Dist. (1965) 238 Cal.App.2...

Excerpt: ...wing that a cause of action has not merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material facts. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant...

Excerpt: ...ensome. Regarding Form Interrogatory No. 17.1, the court is not persuaded that a party is prohibited from asking a party to prove a negative. The language of Form Interrogatory essentially allows for that since the interrogatory allows one party to ask another for proof in support of a negative response to a request for admission. Regarding the claim that the requests seek to obtain trade secrets or attorneyclient privilege, the Defendants fail t...

Excerpt: ...ain a statement of facts constituting the cause of action, in ordinary and concise language (Cal. Civ. Proc. §425.10(a)(1)), and should allege ultimate facts that, as a whole, apprise the defendant of the factual basis of the claim. (Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) In determining whether a complaint states facts sufficient to constitute a cause of action, the judge may consider all material facts pleaded in the complaint a...

Excerpt: ... Medix Ambulance Serv. Inc. v. Superior Court (2002) 97 Cal.App.4th 109, 118.) Plaintiff shall file any amended complaint within 20 days. Motion to Strike First amended complaint is stricken without leave to amend as to Defendants Velazquez and the City of Hollister. Defendants are entitled to mandatory attorneys' fees in the amount of $9,694.50. (Cal. Civ, Proc. §425.16(c)(1).) Plaintiff cannot amend the complaint to reallege the same cause of ...

Excerpt: ...Superior Court (2002) 97 Cal.App.4th 109, 118.) Plaintiff shall file any amended complaint within 20 days. Motion to Strike First amended complaint is stricken without leave to amend as to Defendants Velazquez and the City of Hollister. Defendants are entitled to mandatory attorneys' fees in the amount of $9,694.50. (Cal. Civ, Proc. §425.16(c)(1).) Plaintiff cannot amend the complaint to reallege the same cause of action against defendants after...

Excerpt: ... tort that arise out of the contract. (Santisas v. Goodin (1998) 17 Cal.4th 599, 619.) Here, the Option Agreement so provides for attorneys' fees “in any legal action…for enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys'' fees and other ...

Excerpt: ... the same or similar circumstances. (Ibid.) Moreover, the law strongly favors trial and disposition on the merits. (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1419.) Here, the court is satisfied with the evidence supporting the moving parties' contention that their actions related to this case were impacted by the difficulty in communicating with attorney Andrew Dai because of the language barrier. Adding to this confusion was the recent Covid‐19...

Excerpt: ... factual basis of the claim. (Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) Less specificity in pleading the facts in the complaint is permitted when the defendant may be assumed to have knowledge of the facts at least equal, if not superior, to that possessed by the plaintiff. (Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th, 221, 236.) A demurrer shall be overruled if the allegations of the complaint adequately state a...

Excerpt: ...t is sought for no purpose other than the recovery of the claim on which the attachment is based; and 4) the amount to be secured by the attachment is greater than zero. (Cal. Code of Civ. Proc. §§483.010, 484.090.) Here, the evidence submitted by Plaintiffs sufficiently support the causes of action in the complaint that would result in damages of $500,000.00, that they are based on a contract and is unsecured, that the attachment is sought for...

Excerpt: ...the proceeding. [Citation.] Examples of extrinsic fraud are: … failure to give notice of the action to the other party, and convincing the other party not to obtain counsel because the matter will not proceed (and then it does proceed). [Citation.] The essence of extrinsic fraud is one party's preventing the other from having his day in court.” (City and County of San Francisco v. Cartagena (1995) 35 Cal.App.4th 1061, 1067.) “To set aside a...

Excerpt: ...urrer is also sustained as to the First Cause of Action as it fails to allege sufficient facts to constitute a cause of action against Jaime De La Cruz. A plaintiff's complaint need only meet fact‐pleading requirements: it must contain a statement of facts constituting the cause of action, in ordinary and concise language (Cal. Civ. Proc. §425.10(a)(1)), and should allege ultimate facts that, as a whole, apprise the defendant of the factual ba...

Excerpt: ... the same or similar circumstances. (Ibid.) Moreover, the law strongly favors trial and disposition on the merits. (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1419.) Here, the court is satisfied with the evidence supporting the moving parties' contention that their actions related to this case were impacted by the difficulty in communicating with attorney Andrew Dai because of the language barrier. Adding to this confusion was the recent Covid‐19...

Excerpt: ... factual basis of the claim. (Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) Less specificity in pleading the facts in the complaint is permitted when the defendant may be assumed to have knowledge of the facts at least equal, if not superior, to that possessed by the plaintiff. (Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th, 221, 236.) A demurrer shall be overruled if the allegations of the complaint adequately state a...

Excerpt: ...erial fact as to each cause of action, claim for damages or issue of duty. (Cal. Civ. Proc. §437c(f)(1).) When the plaintiff is the moving party, the court determines if it has met its burden under CCP Section 437c(p) by proving each element of a cause of action entitling the moving party to judgment on that cause of action. (Ibid.; Riverside County Community Facilities Dist. V. Bainbridge 17 (1999) 77 Cal.App.4th 644, 653.) The court's function...

Excerpt: ...ction 2032.320(e)(1).) This order is conditioned on the Defendant's advancement of the examinee's reasonable expenses and costs for travel to the place of examination, which shall include mileage, lodging and meals for both Refugio Hurtado Perez and Maria L. Hurtado, as well as lost wages for Maria L. Hurtado. An advance payment of estimated costs in the amount of $1,500 shall be paid to Plaintiff's counsel no later than October 25, 2021. Additio...

Excerpt: ... complaint. Therefore, the original complaint controls. Here, the Superior Court for the County of Fresno is proper under Code of Civil Procedure section 395.5, which states, “(a) corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to...

Excerpt: ...uments are withheld based on privilege, Plaintiff is to provide a code‐compliant privilege log by October 7, 2021. Regarding monetary sanctions, monetary sanctions shall be imposed unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Cal. Civ. Proc. §2023.030(a).) Here, the parties met and conferred several months ago, Plaintiff...

Excerpt: ...aised by the Rose, et al. v. County of San Benito appeal, are sufficiently similar to those presented here to justify a stay. Both cases Page 4 of 4 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634‐ 4911 concern whether the Board of Supervisors intended to confer a vested contractual right when providing employee and retiree health benefits under the PEMHCA. Although the motion to stay is granted, this order spec...

Excerpt: ...there is a complete defense to the cause of action. The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material facts. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment carries the burden of persuasion and/or production by presenting evidence that would require such a trier of fact not to find any underlying material...

Excerpt: ...on in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.” (Cal. Civ. Proc. §405.) Here, the FACC pleads a cause of action that would affect the use of an easement. (See FACC ¶¶102‐106.) Cross‐Complainants have established the probable...

Excerpt: ...pleaded, cannot be established, or that there is a complete defense to the cause of action. The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material facts. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment carries the burden of persuasion and/or production by presenting evidence that would require such a trier of ...

Excerpt: ...nce drafted a report following Plaintiff's claim. Defendant's insurance denied the claim. Subsequently, in late 2019 and early 2020, Defendant replaced the water storage tanks. Defendant was personally served on July 24, 2020. Plaintiff's now move for sanctions against Defendant for removing the water storage tanks, which are the subject of this litigation. Although there is no evidence that Defendant remove the tanks with the intent to destroy o...

Excerpt: ...ause of action cannot be established. (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he defendant bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. [Citation.] If the defendant carries the burden of production, the burden shifts to the plaintiff to make his or her own prima facie showing of the existence of a triable issue of fact.” (McGonnell v. Kaiser Gypsum Co. (20...

Excerpt: ...e otherwise regulating trade secrets. (b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.” In determining whether a claim has been displaced by CUTSA, courts look to whether such a claim depends on the existe...

Excerpt: ... a nondisclosure by the manufacturer to the eventual purchaser must be passed on. (OCM Principal Opportunities Fund, L.P. v. CIBC World Markets Corp. (2007) 157 Cal.App.4th 835, 859.) “(I)t would be anomalous if liability for damages resulting from fraudulent concealment were to vanish simply because of the fortuitous event of an intervening resale.” (Id. at 859‐860.) Additionally, Plaintiff has alleged that Defendant was acting as an agent...

Excerpt: ...termine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a ...

Excerpt: ...response deadlines several times. During that time, an answer to the cross‐complaint was filed and served by LCR, thus making Interrogatory Number 15.1 relevant and not premature as of the date of the supplemental response. As a result, the current response is inadequate in that it is an objection only. Regarding Special Interrogatories 6 and 10‐19 the motion is GRANTED as the most recent responses are inadequate and the requests are relevant...

Excerpt: ...termine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a ...

Excerpt: ...etermine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a...

Excerpt: ...etermine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a...

Excerpt: ...ty of others. (Ibid.) Malice does not require actual intent to harm. (Pfeifer v John Crane, Inc. (2013) 220 Cal.App.4th 1270, 1299.) Conscious disregard for the safety of another may be sufficient. (Ibid.) A conscious disregard of the rights or safety of others means a conscious disregard of the probability that the actor's conduct will result in injury to others. (See, e.g., Taylor v Superior Court (1979) 24 C3d 890, 895 (person who drinks alcoh...

Excerpt: ...the defendant intends to cause injury, or despicable conduct carried on by the defendant that a willful and conscious disregard of the rights or safety of others. (Ibid.) Malice does not require actual intent to Page 2 of 3 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634‐4911 harm. (Pfeifer v John Crane, Inc. (2013) 220 Cal.App.4th 1270, 1299.) Conscious disregard for the safety of another may be sufficient. (Ib...

Excerpt: ...intiff has demonstrated that Buzzetta signed the original lease and a Personal Guarantee in his capacity as a surety, and that there was a failure to pay the promised amount, Buzzetta has met his burden of showing the existence of a triable issue of one or more material facts as it pertains to a complete defense to Page 2 of 3 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634‐ 4911 Plaintiff's causes of action aga...

Excerpt: ...e right to be free from a particular injury, regardless of the legal theory on which liability for the injury is based. (Planning & Conservation League v. Castaic Lake Water Agency (2009) 180 Cal.App.4th 210, 227.) Even if two actions involve the same general subject matter, but involve distinct episodes of purported non‐compliance, the doctrine of res judiciata does not apply. (Id. at 228.) Here, Petitioner's brought two causes of action in ca...

Excerpt: ...ract has the burden of demonstrating that the plaintiff's choice of venue is not proper under any of the statutory grounds. (Mitchell v. Superior Court (1986) 186 Cal.App.3d 1040, 1046.) When parties to an action make a motion for a change of venue, it is incumbent on them to make a complete showing requiring the change. (Sequoia Pine Mills, Inc. v. Superior Court of Tuolumne County (1968) 258 Cal. App. 2d 65, 65.) Here, Plaintiff submitted compe...

Excerpt: ... operative Complaint. The three positions Page 2 of 4 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634‐4911 at issue (Hourly Rate Sales Representatives (“Hourly RSR”); Route Sales Support (“RSS”), and Regional Inside Sales Associates (“RISA”)) were paid, in part, on a commission basis. Plaintiffs are entitled to seek discovery of evidence relating to whether the entire class can be certified. (Ogden v...

Excerpt: ...th and last stated cause of action and that cause of action was only against Airpark. None of the remaining causes of action incorporate Paragraphs 85 through 92, which make up the fifth cause of action. Since the fifth cause of action was resolved and are no longer the subject of a pending action, and because the allegations are not included as a basis for any cause of action against the Defendant Atlantic Specialty, the requests are irrelevant....

Excerpt: ....) The amended answer must be filed and served within five (5) calendar days. The plaintiff has ten days after service of the amended answer to demurrer to the amended answer. (CCP Section 471.5(b).) The parties are ordered to attend the hearing to address the Plaintiff's motion for summary judgment. ...

Excerpt: ...ty of prevailing on the claim. (Taus v. Loftus (2007) 40 Cal.4th 683, 703.) First, the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity because the Cross‐Complaint's claims arise out of Plaintiff's filing of the Complaint. (See Rusheen v. Cohen (2006) 37 Cal.4th 148, 1056.) In particular, Cross‐Defendant's Cross‐Complaint is based, in part on Plaintiff's Complaint and wheth...

Excerpt: ...ty, therefore, the second cause of action is superfluous and Plaintiff is therefore precluded from pursuing these two, duplicative theories. While this Court agrees with the City's interpretation of the Diaz case, the Sixth District Court of Appeal held that a demurrer is not the proper vehicle to eliminate duplicative or redundant causes of action. (See Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 889‐890.) The...

Excerpt: ...ssary, but billing timesheets are not necessary. (See Sweetwater Union High Sch. Dist. v Julian Union Elementary Sch. Dist. (2019) 36 Cal.App.5th 970, 995.) California Code of Civil Procedure Section 1021.5 allows for the court to award attorneys' fees to a successful party against an opposing party in any action, which resulted in the enforcement of an important right affecting the public interest. Such an award may only be made if the court fin...

Excerpt: ...ction for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” (Cal. Civil Code §3294(a).) “‘Malice' means conduct which is intended by the defendant to cause injury to the Page 2 of 3 45...

Excerpt: ...ablishing the probable validity of its real property claims. (See Code of Civ. Proc. Section 405.30; Howard S. Wright Constr. Co. v. Superior Court (2003) 106 Cal.App.4th 314, 319.) The evidence presented shows that there is an express condition precedent under the Option Agreement, which was not satisfied at the expiration of the Option Term, thereby excusing Defendants from further performance. The Plaintiff had the obligation to convert the la...

Excerpt: ...en no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) A defendant moving for summary judgment has met his or her burden of showing a cause of action has no merit if the defendant has shown that one or more elements of the plaintiff's cause of action cannot be established. (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he defendant bears an initia...

Excerpt: ... to the entity. (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 906.) If a government claim is denied, a lawsuit must be brought within six months of the denial. (Cal. Gov't Section 945.6.) Here, the claim was rejected on September 28, 2015 and the lawsuit was filed approximately two year later, well after the statute of limitations had expired. Plaintiff claims that the District is estopped from claiming that this lawsuit is untimely filed becaus...

Excerpt: ...ls to state facts sufficient to state a cause of action. “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long settled rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. We also consider matters which may be judicially noticed.'” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal s...

Excerpt: ...sion of time. While an extension was not required by law, Plaintiff denied the request and responded with an 84‐page letter demanding a response from Wells Fargo within three days – the day before Thanksgiving. Moreover, Wells Fargo eventually produced supplemental discovery responses by the deadline that it had originally requested. II. Demurrer Filed by Barrett, Daffin, Frappier, Treder & Weiss (BDFTW) The demurrer to the First Amended Comp...

Excerpt: ...third and fourth causes of action against the District are dismissed with prejudice. The evidence presented by Plaintiffs does not trigger any mandatory reporting requirements under California Penal Code Section 11164 et seq. Issue No. 2 – Government Code Section 820.9 provides immunity to members of a school district's Board of Trustees for any act or omission of the public entity or advisory body. Plaintiffs have failed to present any admissi...

Excerpt: ...92) 5 Cal.App.4th 34, 54 fn. 22, Code of Civil Procedure §1032(a)(4).) The Court further finds that the claims for trade secret misappropriation were made in bad faith. As Defendants point out, the facts that served as the underlying basis for the Second Action were facts generally accessible to the public and, therefore, they cannot be trade secrets as no value may be derived from them. (See Cal. Civil Code §3426.1(d), SASCO v. Rosendin Electr...

Excerpt: ...pleading within 30 days of service of the Second Amended Complaint. Plaintiffs allegations in the FAC against Wells Fargo, the successor in interest to WSB, relates solely to loan modification and the foreclosure process. In particular, the allegations are that Wells Fargo denied Plaintiffs a HAMP modification, mishandled a modification application, wrongfully foreclosed on their property and failed to comply with statutory notice of default requ...

Excerpt: ..., of alcohol in his blood. (Cal. Veh. Code §§13558(c)(2), 13357(b)(2).) “The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make impr...

Excerpt: ...g in the Superior Court of Sacramento entitled Vincent Bruccheri, Mario Contreras, and Jerry McNeely v. Aramark Uniform Services, LLC., Case No. 34‐2017‐ 00223408‐CU‐ OE‐GDS (Bruccheri). The claims in Moore and Bruccheri encompass and overlap with Plaintiff Deluna's claims in the present action, including whether Aramark may be held liable for Page 3 of 3 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634�...

Excerpt: ...t cannot appoint the Public Guardian because the County of San Benito does not have currently have a Public Guardian. Defendants' unopposed Motion to Compel Plaintiff's Verified Responses to Form Interrogatories, Set One, Request for Production, Set One, and to Compel Plaintiff's Deposition is GRANTED. This Court previously continued this matter at the request of Page 2 of 3 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (...

Excerpt: ...t fails to state the specific statute for relief, he does cite to Fidelity Creditor Services Inc v. Browne (2001) 89 Cal.App.4th 195, 204 as grounds for the proposition that the failure to properly serve the summons and complaint constituted grounds to vacate the renewal of a judgment. In Fidelity Creditor Services the judgment debtor moved to vacate the renewal of judgment pursuant to Code of Civil Procedure Section 473.5. In order to vacate jud...

Excerpt: ...st for Monetary Sanctions pursuant to Code of Civil Procedure Section 396b is GRANTED. In light of Plaintiff's counsel's delay in responding to Defendants' request to stipulate to transfer the matter, the Defendant is awarded $1,320.00 as a sanction for the costs and fees associated with bringing this motion. ...