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: ...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: ...wever, at the settlement conference, a new trial date was set for November 7, 2018. On or about January 19, 2018, plaintiff originally filed a Motion to Reopen Discovery and Submit Tardy Expert Witness Information before trial. The Court denied that motion on February 23, 2018. The Court specifically stated “[p]laintiff's Motion . . . To Reopen Discovery is Denied, Without Prejudice to be renewed expeditiously with full compliance with all stat...

Excerpt: ...urisdiction of this matter therefore was transferred to the Third District Court of Appeal prior to the date for responses. While plaintiff is technically correct that the responses are past due, any enforcement is stayed pending the Court of Appeal's ruling. If the ruling is affirmed, upon remand defendants will have four (4) weeks to comply with this Court's order to respond to the requests for admissions (i.e., the amount of time this C ourt o...

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: ...MMARY ADJUDICATION On July 27, 2016, plaintiff filed a Complaint alleging breach of contract, unjust enrichment, intentional tort and general negligence against numerous defendants, including Live Well. The cause of actions stem from a reverse mortgage transaction on plaintiff's personal residence. Live Well purchased the loan from defendant Global Equity, who entered into an agreement with plaintiff for a reverse mortgage on his residence. On Ju...