Excerpt: ...s uncertain are presumptively within the defendant's knowledge. (Chen v. Berenjian, (2019) 33 Cal. App. 5th 811, 822) LAW AND MOTION TENTATIVE RULINGS DATE: November 22, 2019 TIME: 8:30 A.M. 2 Because the date of conversion of the Property is presumptively within Defendant's knowledge, the demurrer is overruled on this basis. In addition, Plaintiffs have alleged sufficient facts to allege a duty on the part of Defendants to disclose that the conv...

Excerpt: ...ND MOTION TENTATIVE RULINGS DATE: November 21, 2019 TIME: 8:30 A.M. 3 The general demurrer is sustained without leave to amend as to the 1st, 2d, 4th and 8th causes of action; and with leave to amend as to the 3rd, 5 th and 7th causes of action as follows: The 1 st, and 2d causes of action (Terrorist Death Threat, Scheme and Swindle) are not cognizable, legally recognized, causes of action. Additionally, the 2d cause of action relates to a prior ...

Excerpt: ...(2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.” (Armstrong Petroleum Corp. v. Tri‐Valley Oil & Gas Co., (2004) 116 Cal. App. 4th 1375, 1391 note 6) Here, Allied alleges: 1) Oceanside executed a “Request to Bind” in which it requested that Applied Underwriters, through its affiliates or subsidiaries, cause workers' compensation policies to be issued to Oceanside...

Excerpt: ...xcept as to privilege and in a form complying with the Code of Civil Procedure, to form interrogatories, set one, Nos. 9.1 and 9.2, special interrogatories, set one, Nos. 1, 2, 3, 5, 6, 8, 9, 11, 12, 14, 17, 20 through 24, 26, 27, 29, 30, 32, 33, 35, 36, and 39, and request for production of documents, set one, Nos. 1 through 16, as explained herein. Plaintiff Cortland T. Day shall serve such further responses on or before December 2, 2019. Concu...

Excerpt: ...titled to be compensated for "all hours reasonably spent on the matter." (Serrano v. Priest (1982) 32 Cal.3d 621, 624.) The number of hours reasonably worked is determined by reviewing the time reasonably spent on a matter, including time spent drafting and revising pleadings, meeting with clients, and preparing for and presenting the case at trial. (Serrano v. Priest (1977) 20 Cal.3d 25, 28‐29, n. 4.) An attorney's declaration that the work pe...

Excerpt: ...t the CA Building Code applies, the UPP report was prepared in support of Petitioner's permit application to correct unpermitted grading activities. The project description for Development Permit Application REV151055 says “Proposal for restorative grading”. (AR 13) Moreover, the scope of the UPP report does not include any references to any “buildings or structure or appurtenances connected or attached to such buildings or structures as re...

Excerpt: ...he following rulings: 1.The objections are overruled. Defendant is ordered to provide a further verified response producing the requested documents. 2. The objections are overruled. Defendant is ordered to provide a further verified response producing the requested documents. 3. The objections are overruled except for the objection that it improperly seeks premature disclosure of expert opinion. Defendant is ordered to provide a further verified ...

Excerpt: ...te where the pleading is defective as a matter of law, and the defect cannot be cured by further amendment. Id., at §6:646. However, unless the defect is fatal, the court should not consider the merits of the proposed pleading in deciding whether to grant leave to amend. Id., at §6:644. ...

Excerpt: ...hat burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. “Th...

Excerpt: ...yment actions done in furtherance of a supervisor's managerial role can also have a secondary effect of communicating a hostile message. This occurs when the actions establish a widespread pattern of bias.” The Miller court therefore concluded that “official employment actions constituted the evidentiary basis of the harassment cause of action, because the supervisor used those official actions as his means of conveying his offensive message�...

Excerpt: ...de a rough approximation of the plaintiff's total recovery. Additionally, the City has failed to present evidentiary support for its claim that it has no liability because it does not own or control the area on Bean Creek Road where the slide occurred. While the City refers to the declaration of Taylor Bateman as support for this claim, this declaration has not been filed. ...

Excerpt: ...has met its threshold burden of proof that Cross‐Complainants cannot establish their claims that the grab bar was defectively designed or negligently manufactured; or that any alleged defect in the grab bar was a substantial factor in causing Plaintiff to fall. Wingit has done so through the factually devoid discovery responses of these Cross‐Claimants, and by the following evidence : (1) the declaration of Sal Siston, president of Wingit, wh...

Excerpt: ...pation in the litigation is inconsistent with an intent to arbitrate. A waiver of the right to arbitrate may be implied from this conduct. Lewis v Fletcher Jones (2012) 205 Cal. App. 4th 436, 445‐446. ...

Excerpt: ...E The motion by to allow Bella Vista Italian Kitchen and Bar, LLC to intervene is denied. CCP §387 (c) requires a motion to intervene to include the proposed complaint in intervention. There is no complaint in intervention included in the motion. ...

Excerpt: ...sonable costs of a title report, with legal interest at the legal rate from time of payment, or, if before the commencement of the action, from the time the action was commenced; • Other disbursements or expenses determined by the court to have been incurred or paid for the common benefit. CCP §874.020 provides: The costs of partition include reasonable expenses, including attorney's fees, necessarily incurred by a party for the common benefit...

Excerpt: ...��; and “all reference to allegations concerning the POBRA”. (Notice of Motion, 2:3‐7). The County asserts that a February 14, 2019 letter from Thornton Kontz, as attorney for the Commission, is “the sole basis” for Petitioner's second cause of action for traditional mandamus and his claim of POBBRA violations. It asserts that this letter constitutes protected activity, because it is a communication made in connection with an official p...

Excerpt: ...ey's MPA as to Portola 5:15‐16, 13:18‐21). Summary adjudication must completely dispose of the cause of action to which it is directed. CCP §437c(f)(1). The prayer on the Fourth Cause of Action for Breach of Written Contract to Defend seeks compensatory damages and attorneys' fees, expert costs, and other litigation costs. The prayer on the Eleventh Cause of Action for Declaratory Relief for Duty to Defend seeks a judicial declaration as to ...

Excerpt: ... records pertaining to matters encompassed by this Agreement with the right to make copies of any or all thereof”. The court further finds that Plaintiff has demonstrated resulting prejudice if injunctive relief is not granted, as it will be unable to meet its reporting obligations and prepare its audit and tax returns. Defendant is ordered to provide the tenant files and financial records it maintained for CFSC within 20 days from this order. ...

Excerpt: ...ant's RJN Exh. 17 pg.262:27 & 263:4‐5 and Exhibit 18 pg. 266 ¶ C) (Branson v. SunDiamond Growers, (1994) 24 Cal. App. 4th 327, 340; Ghalehtak v. Fay Servicing, LLC, (2018) 304 F. Supp. 3d 877, 885; Dunkin v. Boskey, (2000) 82 Cal. App. 4th 171, 181.) In addition, pursuant to the Settlement and Release Agreement signed on 7/20/15 by the Court on behalf of Plaintiffs, Plaintiffs released all claims against Deutsche Bank and Ocwen. (Defendants' R...

Excerpt: ...equired by CCP §472 to obtain leave to amend before filing the SAC which again named STCA. Since STCA had been dismissed, it was a new party for purposes of serving the SAC. Plaintiff was therefore required to serve a summons along with the SAC, and to serve the SAC in compliance CCP §415.10 et seq. CRC 2.25, authorizes electronic service under certain circumstances, but only as to documents which may be served “by mail, overnight delivery or...

Excerpt: ...rovision set forth in Health & Safety Code § §25366(a), which is a defense to this cause of action. Since the defense appears on the face of the TAC, Plaintiff must plead around this defense by alleging the absence of the second condition for non‐retroactivity—that the acts of the Defendants were in violation of existing state or federal laws at the time they occurred. The court in Orange City Water Dist.v Sabic Plastics (2017) 14 Cal. App....

Excerpt: ...existence of a valid arbitration agreement. (see copy of the Purchase Agreement attached to the Brokerage's Petition to Compel Arbitration as Exh. A and also attached as Plaintiff's exhibit A in support of motion for leave to file FACf.). Plaintiffs have not met their burden of proving by a preponderance of the evidence that there is a possibility of conflicting rulings on a common issue of law or fact. Therefore arbitration is ordered among the ...

Excerpt: ...hase of the 17 year old truck. The letter demanded the return of the purchase price and unspecified costs incurred to repair the truck. The demand threatened to file an attached administrative complaint with the DMV, which contained several false statements: that a Carfax report demonstrated that there were six previous owners, when it reported five owners prior to Mr. Piccuta's purchase in January 2014; and that it had been stolen in 2005 and re...

Excerpt: ...ement, the choice of law provision in the Agreement governs the procedural aspects of the arbitration, not whether the Agreement is enforceable. (See, Rosenthal v. Great Western Fin. Securities Corp., (1996) 14 Cal. 4th 394, 409). As to whether the arbitration agreement is a contract of adhesion or unconscionable, much of the contract here complies with Civ. Proc § 1295 and Cal Health & Safety Code § 1599.81, and therefore most of the arbitrati...

Excerpt: ...esponses to Special Interrogatories from Neidin Henard • To Compel Responses to Requests for Production from Neidin Henard The motions to compel responses to Form Interrogatories, Special Interrogatories and Requests for Production from Plaintiffs Joseph and Neidin Henard, and the motion to deem Requests for Admission propounded on Plaintiff Joseph Henard admitted, are GRANTED. Although Plaintiffs served responses to this discovery after this m...