Excerpt: ...for reconsideration, a request for new trial and an appeal. First, with regard to a Motion for Reconsideration CCP section 1008 provides, in pertinent part: “(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and bas...

Excerpt: ...58. Both cases involve the same issues of whether or not the foreclosure on the property where plaintiffs are now residing at 3178 Hagen Road, Valley Springs, was wrongful. The plaintiffs are requesting to stay the unlawful detainer action pending adjudication of the title to the property. Consolidation is appropriate when there are common issues of fact and overlapping issues of law. Based on the foregoing, plaintiffs' motion for consolidation i...

Excerpt: ...loria Bodenmuller Defts Siegfried and Gloria Bodenmuller's Motion for Protective Order for Dismisal from Deposition due to Doctor's Care and Elders 01/14/19 ‐ Motion Hearing; 01/11/19 ‐ Motion‐Summary Judgment / Summary Adjudication; 01/16/19 ‐ Trial Setting Conference Tentative Rulings: PLAINTIFF'S MOTIONS TO COMPEL ANSWERS TO INTERROGATORIES AND MONETARY SANCTIONS AGAINST SIEGFRIED BODENMULLER & GLORIA BODENMULLER On 6/14/18, pl...

Excerpt: ...he First Amended Complaint; defendant timely Demurred. Defendant's demurrer as to the first, second and third cause of action is Overruled based on this Court's prior ruling. Defendant's demurrer to the fourth cause of action is Sustained, Without leave to amend. The amended cause of action merely reiterates plaintiff's prior contention that Government Code section 129409(a) confers a benefit that is not provided in the statute which only address...

Excerpt: ...unt Cattle Co. They borrowed money from Stockton Production Credit Association, but fell behind in payments. In 1983, Plaintiffs transferred their interest in the company to Defendant's husband, who in turn, granted Plaintiffs a hold harmless agreement. In 1984, Defendant's husband conveyed his interest in his home, referred to as the Mokelumne Hill property, to himself and Defendant. In February 1985, Defendant's husband died. The Credit Associa...

Excerpt: ...agreement stated plaintiff was not to use asphalt to pave the driveway that runs through defendant's property unless defendant did not move the water main. Plaintiff used asphalt, after the water main was moved, in violation of the agreement. Both parties agree that per regulations, the asphalt driveway cannot now be completely removed because it has been connected with a County road. Plaintiff alleges he had to use asphalt per County Code. The C...

Excerpt: ...e of Pendency of Action. In May 2018, defendant's motion to expunge the first notice was granted. Plaintiff sought appellate relief and the appellate court denied plaintiff's writ application. In July 2018, the order expunging the first notice was recorded. On July 3, 2018, plaintiff filed a new case, 18CV43381, involving the same property from CV35233. To date, defendants have not been served with the complaint or summons. On July 5, 2018, plain...

Excerpt: ...plaintiffs failed to comply with the notice requirements of Local Rule 3.3.7 as amended January 1, 2018. Said Local Rule explicitly includes a provision that failure to comply “may be a basis for the Court to deny the motion”. However, in light of defendant's disregard for the discovery statutes and the obligations they place on parties, the Court exercises its discretion to rule on the merits of the motion rather than its procedural shortcom...

Excerpt: ...as moved to strike paragraph 70 of the first amended complaint and the associated portion of the prayer for relief seeking injunctive and restitution relief consisting of auditing, changing, and overseeing defendant's claims practices. A motion to strike is used to challenge the legal sufficiency of all or part of a pleading, in particular to challenge pleading defects that cannot be challenged by demurrer. (CLD Construction, Inc. v City of San R...

Excerpt: ... and eventually a wine tasting room. Defendant Board of Supervisors took up the application twice, eventually denying the re‐zoning by a 3‐2 vote on August 22, 2017. Petitioner/Plaintiff then filed suit seeking to have this Court direct the Board to approve his application in essence contending the denial was arbitrary based on his tenant's small cannabis cultivation site on the parcel. Defendants' demur contending petitioner/plaintiff has no...

Excerpt: ...he information. Although defendant likely is correct on the merits that the reference to information that CPS may or even likely has is an insufficient response, the present motion suffers from two procedural flaws. Initially, the proof of service reflecting service by mail on March 23, 2018, for a hearing date of April 20, 2018, does not meet the combined minimum requirements of Code of Civil Procedure Sections 1005 and 1013. The sixteenth court...

Excerpt: ...secured by a deed of trust on the involved property. After completion of the trustee's sale, defendants herein prevailed on a separate unlawful detainer action in which plaintiff herein's defense consisted of contesting the validity of the trustee's sale. When this matter proceeded to trial, the Court took judicial notice of the unlawful detainer action and then excluded evidence on the claim of irregularity in the foreclosure process ultimately ...

Excerpt: ... cultivate cannabis that was affirmed on appeal by the County Office of Administrative Hearings. Respondents (collectively referred to as County) have demurred (and concurrently filed a motion to strike) pursuant to Code of Civil Procedure Section 430.10 contending this Court lacks jurisdiction and alternatively that petitioner's pleadings fail to constitute a causer of action and/or are uncertain, ambiguous and unintelligible. Petitioner's plead...

Excerpt: ...support of the motion acknowledges actual knowledge of the trial date as of September 1, 2017. The motion and declaration thereafter appear to somewhat place responsibility for the nonappearance on “changes related to staff” and/or failure to have “local appearance counsel conduct the bench trial” and asserts these shortcomings as “excusable neglect”. The Court is unpersuaded these assertions amount to “excusable” neglect pursuant...

Excerpt: ...ot, contending that he can only be assessed single member dues regardless of the number of lots he owns under the HOA's establishment as a tax exempt social and recreational club. Plaintiff now moves for summary adjudication on his fourth and fifth causes of action for declaratory relief and permanent injunction, respectively, contending these causes are proven as a matter of law by the sentence in defendant's verified answer admitting paragraph ...

Excerpt: ...raightforward case” which will not require more than one to two hours for a bench trial. Defendants further request that the matter be set for trial as soon as two weeks after the hearing on this motion. Initially, the Court concurs with defendants that the Court has wide discretion concerning trial management. Taking defendants' contentions that this is a “straightforward case” that will consume only 1‐2 hours for a bench trial at face v...

Excerpt: ...that soured along the way leading to the current litigation that revolves around varying descriptions of who was at fault for the falling out. Cross‐defendants have demurred to the first cause of action for breach of contract contending it cannot state a cause of action as it is based on an illegal contract as cannabis is a controlled substance under federal law, as to the third cause of action for fraud fails because it does not state its alle...

Excerpt: ...i.e., she is more than 70 years of age and plaintiff's health is such that preference is necessary to prevent prejudicing plaintiff's interest in the litigation. However, this matter is not at issue as the Court's file contains no proof of service of the first amended complaint occurring after this Court granted leave to file said pleading on 11/17/17. Additionally, there is no answer, default, or dismissal of defendant Steven Mitchell with regar...

Excerpt: ...Carlson Law Group; McCormick Barstow Sheppart Wayte & Carruth Llp Tentative Ruling: RULING ON DEFENDANT MARK BATEMAN DBA MDL HOME INSPECTIONS' MOTION FOR SUMMARY JUDGMENT Plaintiffs have alleged a total of fourteen causes of action in their second amended complaint against various defendants regarding the purchase of their residence in Angels Camp. The only cause of action contained in the first amended complaint that contains allegations as to d...

Excerpt: ...in judgments for Ponte and her attorneys in a total amount of $35,786.29 ($15,810.00 for Ponte to complete Lokey's purchase of the property under the settlement agreement, $11,886.93 for Ponte in executor's commissions and costs, and $8,089.36 for the law firm of Dambacher, Trujillo & Associates for attorney's fees and costs). Lokey has perfected appeals of this Court's Orders. Ponte now seeks relief from the stay to have this Court order the sal...

Excerpt: ...gainst the prior owners who had sold to plaintiffs, in essence contending alterations and improvements they made to the residence are the cause of the defects. The cross‐complaint alleges causes of action for indemnification, apportionment, declaratory relief, and negligence. Cross‐defendants move for summary judgment on the crosscomplaint. Defendant/cross‐complainant completed construction of the residence in 2005 after which it was purcha...

Excerpt: ... CONTINUED RECORDATION Plaintiff filed this suit in 2008 contending defendants wrongfully conducted a trustee's sale after plaintiff defaulted on a promissory note secured by a deed of trust on the involved property. After completion of the trustee's sale, defendants herein prevailed on a separate unlawful detainer action in which plaintiff herein's defense consisted of contesting the validity of the trustee's sale. When this matter proceeded to ...

Excerpt: ... coordinated actions seeking to recover damages related to a fire that started at defendant's Madonna Retreat, plaintiff Laura Sternick has filed three motions that the Court interprets as interrelated seeking relief from her failure to timely disclose expert witnesses, requesting to reopen discovery, to allow her to serve a tardy disclosure of expert witnesses and/or quash objections to notices she has served in lieu of subpoenas (presumably of ...

Excerpt: ...985.3(g) and 1987.1 contending in essence they are overly broad in scope due to the lack of specificity as to body parts and time. Defendant contends they are permissible as they are reasonably calculated to lead to the discovery of admissible evidence given the plethora of body parts and symptoms plaintiff alleges were injured in the accident. Plaintiff herself lists her alleged injured body parts as “solely to her head, neck, upper back, knee...

Excerpt: ...October 30, 2017, as no responses have ever been provided. Code of Civil Procedure §2030.260 provides that responses to interrogatories be served within 30 days and CCP § 2030.290 provides that failure to timely provide responses waives any right to exercise the option to provide writings as responses and also waives any objections. Code of Civil Procedure §2031.260 provides that responses to requests for production of documents be served with...