Excerpt: ...al argument, this court granted moving party leave to respond to Robledo's late filed declaration. In addition, the court allowed leave to file supplemental briefing on whether or not the contents of the declaration raised a triable issue of fact as to any of the causes of action. In addition, the court was going to further consider arguments of counsel concerning the Intentional Infliction of Emotional Distress (“IIED”) claim. In response, D...

Excerpt: ... section 2966, 4) negligence, 5) accounting, and 6) unfair business practices. Thereafter, on 1/9/18 Plaintiffs filed a First Amended Complaint (“FAC”) alleging 8 causes of action, including the original 6 causes of action plus 7) intentional representation, and 8) negligent misrepresentation. Page 8 of 11 Defendant demurs asserting that the facts set forth in the original verified Complaint are distinctly different than those in the FAC and ...

Excerpt: ...aring for 3/26/18. Opposition was to be filed on or before 3/13/18, and reply Page 2 of 3 on or before 3/19/18). The court's order also provided that all members were to be provided notice at least 20 days before the hearing either via e‐mail or first‐class mail, pursuant to Civil Code section 4040, based on each member's preferred method of communication. Although the court order provide 20 days' notice the code provides 15 days' notice whic...

Excerpt: ...iled this motion timely. This argument fails. The mandatory relief provisions of section 473(b) are in pertinent part as follows: “[T]he court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his ...

Excerpt: ...itle to Plaintiff's real and personal property through an alleged fraudulent investment scam. Demurring Defendant, 5AIF Sycamore 1, LLC (“5AIF”) loaned money that was used to purchase one of subject pieces of real Page 3 of 4 property, the Shadow Mountain property, and is named on and demurs to the 10th cause of action for false promise, 14th cause of action for declaratory relief, 15th cause of action to quiet title and 16th cause of action ...

Excerpt: ...g, LLC agreed “to provide Premier Passover with temporary Event and Banquet staff…” for a 7‐day Passover celebration at the Westin Mission Hills Resort in Rancho Mirage in April, 2014. (SAC, Exh. A; SAC ¶ 24.) Spherion alleges that Spherion is a partnership, that Defendants Barry and Simon Werner are the owners of D KMR Tours, D Baruch Erblich is the owner of Defendant Afikoman Tours, that all are partners in Premier Passover a partnersh...

Excerpt: ...r future based on the two‐year discretionary dismissal of a mechanics lien action, pursuant to Civil Code sections 8462 and 8554. Code of Civil Procedure section 1048(b) provides that the court may “in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy” order a separate trial of any issue. Plaintiff Orr Builders designed and completed the improvement to property, which is at...

Excerpt: ...ry adjudication as to the 4th and 5th causes of action. Defendants move the court for summary judgment, or in the alternative for summary adjudication, as to Plaintiff Rosario Robledo as to all causes of action. The undisputed material facts are as follows: Plaintiff Rosario Robledo (“Robledo”) was hired by Defendant DNS2 Management LLC (“DNS2”) on December 1, 2011 when DNS2 purchased La Quinta McDonald's #13695. (Decl. Stacey Shalhoub ¶...

Excerpt: ... 3 day notice to terminate the lease. On 8/13/17, while Peraza was still in possession of the premises Kogut changed the locks to the premises and prevented Peraza from accessing the premises. Kogut failed to provide an itemized statement and return of Peraza's deposit of $500. In addition, Kogut has failed and refused to return Peraza's personal property worth in excess of $8,000 located inside the premises. Defendant Connie Kogut moves the cour...

Excerpt: ...s a home. Feltz claims that the hole was covered and obscured by grass. Feltz has named both Ironwood HOA (HOA) and landscapers A.K. Landscaping Maintenance, Inc. (AK) as defendants. The HOA's motion is based upon the grounds that there is no triable issue of fact as to the 4th cause of action for declaratory relief on its cross complaint that A.K. owes the HOA a duty to defend and indemnify the HOA from Feltz' claim. There is a triable issue of ...

Excerpt: ...ree speech or petition rights as defined in Code of Civil Procedure section 425.16(e). (Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 330; see also Weil & Brown, ¶ 7:244.) A lawsuit qualifies for a special motion to strike under section 425.16 if it arises from an act “in furtherance of the person's right of petition or free speech under the United States or California Constitution.” (Code Civ. Proc. § 425.16(b)(1)...

Excerpt: ...with Plaintiff/Cross Defendant, Linda Kelley, his mother, in which he agreed to would rent the house to her “for a period not to exceed 2 years or until Cross‐Complainant sold the Subject Property, whichever came first…” (Cross‐complaint ¶ 5.) Casale also alleges that on March 12,2007 Kelley entered into a secret agreement with Patricia Reinhart, the executor of his grandmother's estate, that resulted in Kelley creating an recording a ...

Excerpt: ...ntended to properly notice the IME for February 2018, well in advance of the discovery cut‐off date. However, in January 2018, Plaintiff served supplemental interrogatory responses that indicated she had moved to Texas. DRMC determined that the costs to either fly their expert to Texas or to retain a Texas‐based physician to do the exam and thereafter travel to California for trial were both cost prohibitive and burdensome on DRMC. As a resul...

Excerpt: ...e complaint or cross complaint for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrer. As part of the meet and confer process, the defendant or cross‐defendant shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The plaintiff or cross‐plaintiff shall provide legal support ...

Excerpt: ...Motion for summary adjudication of the 8, 9, 10 and 11th causes of action denied. Defendants move the court for summary judgment, or in the alternative for summary adjudication, as to Plaintiff Patricia Olmedo. Procedural Issues: The court notes that Plaintiff's separate statement in opposition did not comply with CRC, rule 3.1350(f)(2). In response to UMFs Nos. 4, 46, 48, 49 and 51, Plaintiff disputed the facts, but failed to cite any evidence i...

Excerpt: ...ecifically, Plaintiff has failed to allege facts which show that she is entitled to the protections afforded by HBOR in that Plaintiff alleges that she submitted two completed loan modification applications, one in August 2015 and then, for some unexplained reason, another in February 2016, but that Wells Fargo recorded a Notice of Default in November 2015 and Notice of Sale in February 2016. Because Plaintiff has not alleged specific dates for h...

Excerpt: ... Mitchell, a contractor, against Lents and the estate of Dunlap to recover for monies allegedly owed for construction work done on a house in Indian Wells and for damages suffered as a result of claims by Lents that Mitchell had stolen Lents' personal property. Thereafter, Lents filed a cross complaint against Mitchell for, among other things, breach of contract conversion, and elder abuse and against Blake Dunlap as the Page 3 of 5 Executor of t...

Excerpt: ... that Jerry had in the past invested money though a company named Thrive, a nonparty, that Thrive had offered Jerry a subscription agreement to Jerry in an investment in a large Texas apartment complex through one of its subsidiaries LHTL but that LHTL placed the investment in Lents name alone, as instructed by Lents, despite the fact that the check for the investment having been Page 2 of 5 drawn on Jerry's account. Essentially, Blake complains ...

Excerpt: ...cts sufficient to constitute a cause of action and/or is uncertain. The FAC alleges that moving parties owed Plaintiffs a fiduciary duty to perform their duties in a competent and reasonable manner as real estate professionals in assisting Plaintiffs to investigate and purchase the property. The FAC alleges that moving parties represented Plaintiffs in purchasing the property at issue in this case. In particular, the FAC alleges that moving parti...

Excerpt: ...ut of (1) alleged oral statements made by Defendant Eva Greenberg about Plaintiff Sanford Greenberg, her then husband, a Page 7 of 8 physician, to Plaintiff's staff, patients and other members of the medical community that Plaintiff suffers from dementia and is unable to adequately perform his professional duties (¶ 7), (2) publication of various documents on social media that Plaintiff was a member of a gay bondage website and was looking for c...

Excerpt: ... stated that Respondents Nicasio and Maria Campos were the sole owners of the property, but both were deceased. Death certificates were attached to the Petition, marked as Exhibit C. No probate proceeding could be located concerning the Page 3 of 8 property. Community Restoration Corporation held a legal interest in the property in the form of a deed of trust. According to subsequent filings, two days after the filing of the petition for a receiv...

Excerpt: ...ment scam. Demurring Defendant, Sycamore 1, LLC loaned money that was used to purchase one of subject pieces of real property, the Shadow Mountain property, and is named on and demurs to the 10th c/a for false promise, 14th c/a for declaratory relief, 15th c/a to quiet title and 16th c/a for wrongful foreclosure. Essentially, Plaintiff claims that her transfer of title to the Shadow Mountain property is void because Defendant Biyikoglu forged the...

Excerpt: ...ied admission? If not, for each response that is not an unqualified admission: (a) State the number of the request; (b) State all facts upon which you base your response; (c) State the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) Identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or th...

Excerpt: ...ward of sanction on the grounds that Plaintiff's assertion of the attorney‐client privilege lacks merit. Timeliness of Motion: The opposition states that the parties agreed to an extension of January 2, 2018, to bring the motion to compel, but that service was not completed until January 4, 2018. Defendant in reply asserts that the motion was timely as a supplemental privilege log (which disclosed for the first time that Fagan was withholding t...

Excerpt: ...150, 1159.) Ordinarily, the judge will not consider the validity of the proposed amended pleading in deciding whether to grant leave to amend. Grounds for demurrer or motion to strike are premature. After leave to amend is granted, the opposing party will have the opportunity to attack the validity of the amended pleading. (See Kittredge Sports Co. v. Sup.Ct. (Marker, U.S.A.) (1989) 213 Cal.App.3d 1045, 1048.) Note that although it is true that s...