Excerpt: ... Air Commercial Real Estate Association Standard Industrial/commercial Single-Tenant Lease agreement (the "Lease"). This matter is on calendar for the motion by Schaefer and Scoble ("Amending Parties") pursuant to Cal. Code Civ. Proc. ("CCP") S 473 for leave to amend the Cross-complaint ("SCC"). The motion is opposed by Pearson and PPI ("Opposing Parties"). The Motion is DENIED. Facts and Procedure The original complaint in this action was filed ...

Excerpt: ...rom Defendant under CCP SS 708.030 & 2031.3(1). The unopposed Motion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Moton. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discovery to the judgme...

Excerpt: ...iv. Proc. ("CCP") S 435. The motion is DENIED. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 436(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. A moton to strike is a...

Excerpt: ...Proc. ("CCP") S 435. The motion is DENIED. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. "Where a written instrumen...

Excerpt: ...udgment in the amount of $48,013.78. The motion is DENIED. CCP S 664.6(a) provides: "If parties to #nding litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce th...

Excerpt: ...Motion is provisionally GRANTED. The Complaint The Complaint alleges that Defendants failed to comply with designated California Labor Cade ("LC") provisions during the course of his employment with Defendants, and alleges on information and belief that these defective policies were also in place for other employees. The Complaint contains a single cause of achon under PAGA for civil #naltes resulting from the following labor law violations: i) m...

Excerpt: ...on. PROCEDURAL HISTORY This achon arises from a property ownership dispute. Clark alleges that she lived with her sister, Seiffert, at 208 Indian Creek Drive, Santa Rosa, California 95409 (the "Property") for a period of roughly nine years, during which time Clark has recently discovered that Seiffert allegedly stole substantial sums of money from Clark while caring for her. (Motion for Leave Memorandum of Points and Authorities ["Motion MPA"I, 2...

Excerpt: ...and to deem requests for admissions ("RFAs") admitted under CCP S 2033.280. Defendant has filed a declaration of non-oppositon to all motions. The unopposed Motons to compel are GRANTED. The parties are ORDERED TO APPEAR on the issue of time for compliance. Plaintiff's motion to deem admissions admitted is also APPEARANCES REQUIRED. Defendant shall pay $560 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this ...

Excerpt: ... GRANTED. The Complaint The presently 0#rative First Amended Complaint ("Complaint") alleges that Defendants failed to comply with California Labor Code ("LC") provisions during the course of his employment with Defendants, and alleges on information and that these policies were also enforced on other employees. The Complaint contains causes of achon for: (i) failure to pay minimum wages; (ii) failure to pay overtime wages; (iii) failure to provi...

Excerpt: ...ward as a class, defined as: "All parents, family members, guardians or students in the United States who paid tuition to Defendant Sonoma Academy during the year(s) to 2020 for students who graduated before July 2020." SAC 115. This matter is on calendar for Defendant's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of acton. D...

Excerpt: ...) S 2025.610 to compel subsequent deposition. The Motion is GRANTED in part and DENIED in part. Goveming Law Natural persons, including parties to the action, may not be deposed more than once without a court order based on a show-ng of cause. CCP S 2025.610(a), (b); see Fairmont Ins. Co. v. Sup.Ct. (Stende") 22 cal.4th 245, 254. A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness bef...

Excerpt: ...arising initially out alleged violations of the Court's orders in another case, SCV-265225. This matter is on calendar for demurrers to all causes of action within the SAC by TRVFD, the County and Thompson pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of parties. The Demurrer is SUSTAIN...

Excerpt: ...osa, California, with causes of action for: 1) wrongful foreclosure; 2) cancellation of instrument; 3) quiet title; 4) violation of Civ. Code S 2924f; 5) violation of Civ. Code S 2923.5; and 6) violation of Business and Professions Code S 17200 et. seq. This matter is on calendar for PLM's demurrer to all causes of acton within the Complaint pursuant to CCP S 430.10(e) for failure to state facts sufficient to constitute a cause of action. Plainti...

Excerpt: ...ions to Strike A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. A motion to strike is also properly directed to unauthorized claims fo...

Excerpt: ...tant complaint against Defendant on May 8, 2023. Moving Defendant was personally served on May 25, 2023. Plaintiff requested entry of default on August 30, 2023, which was granted against Defendant. Defendant filed the instant motion to set aside the default on September 19, 2023. Plaintiff has filed no opposition to the motion. Governing Law "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a ...

Excerpt: ...oth Fire and Hunsaker. Evidentiary and Procedural Issues A. Citations The Court previously raised the issue that Plaintiff c:ited Bagdadi v. Go Daddy Software, Inc. (2CM) 154 Cal.App.4th 1176 and Anderson v. Continental Insurance, Co. (1992) 6 Cal.App.4th 1659, in the motions. When the Court sought to get clarification as to these decisions, and whether they somehow countermand the decisions in R & B Auto Center, Inc. v. Farmers Group, Inc. (2W6)...

Excerpt: ..., which are part of the Confidentiality of Medical Information Act ("CMIA"). This matter is on calendar for Defendants' demurrer to all causes of acton within the Complaint pursuant to CCP S 430.10(e) for failure to state facts sufficient to consttute a cause of action. The Demurrer is SUSTAINED with leave to amend. Legal Standards A. Demurrers Generally A demurrer can be used only to challenge defects that appear on the face of the pleading unde...

Excerpt: ...intiffs' request for an Order to Show Cause re: Contempt for violations of court orders, and for TRVFD's request to dissolve the preliminary injunction issued August 4, 2021. As to the Contempt, the matter is APPEARANCES REQUIRED. The motion to dissolve the preliminary injunction is DENIED. Underlying Facts Plaintiffs' causes of action are predicated on allegations of violations of the use Permit issued for TRVFD's property adjoining the property...

Excerpt: ...plitter which caused Plaintiff's injury. Defendant's undisputed Material Facts ("DUMF") '1 1. Defendant did not have any responsibility for creation of the wood splitter, or its transition into the market place. DUMF '1 3-5. Defendant borrowed the wood splitter. DUMF '12. The Burdens on Summary Judgment and Adjudication A. Generally Summary adjudication "shall be granted if all the papers submitted show that there is no triable issue as to any ma...

Excerpt: ... dismissal. The motion is DENIED. Governing Law A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee." CCP S 656. However, "[tlhe right to a new trial is purely statutory, and a motion for a new trial can be granted only on one of the grounds enumerated in the statute." Fomco, Inc. u Joe Maggio, Inc. (1961) 55 cal.2d 162, 166. The verdict may be vacated and any other decisio...

Excerpt: ...ow Cause re Dismissal for lack of prosecution on December 15, 2022. The OSC hearing was set for February 16, 2023. Plaintiff nor their counsel appeared at the February 16, 2023 hearing. The case was dismissed as a result of Plaintiff's non-appearance. This motion was filed August 7, 2023. The parties signed a stipulation settling the matter in October of 2022. Governing Law "The court may, upon any terms as may be just, relieve a party or his or ...

Excerpt: ...ory fraud (the "FAC"). This matter is on calendar for Defendant's demurrer to the seventh cause of action within the FAC pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of achon and CCP S 430.10(f) for uncertainty. Defendant's demurrer to Plaintiff's First Amended Complaint is OVERRULED. Governing Law A. Standard on Demurrer A demurrer can be used only to challenge defects that appe...

Excerpt: ...er with KFH and Health Plan, "Defendants"), and Does 1-50, arising out of Defendants' care of Decedent. This matter is on calendar for the petition by the Defendants to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendants' petition to compel arbitration and stay proceedings is DENIED. l. Facts and Procedure The Decedent signed an "Enrollment Application" in April of 2004. See Woods Declaration in Support ("Woods Decl."...

Excerpt: ...ional interference with economic relations; 8) intentional infliction of emotional distress; 9) declaratory relief; 10) quiet title; and 11) injunctive relief. This matter is on calendar for the moton by Flint for summary judgment of the SAC or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c). Summary judgment is DENIED. Summary adjudication is GRANTED in part and DENIED in part. l. Evidentiary and Pleading Issues...

Excerpt: ...mplaint for fraud (See Declaration of Amin Kazemini ["Kazemini Decl."l, Exhibit A, the "Cross-complaint"), as during discovery Plaintiff produced two seemingly conflicting copies of the underlying lease. Moving Defendant alleges that the Plaintiff has created a fraudulent copy. Plaintiff does not attach a copy of the Lease to the Complaint. Moving Defendant argues that he should be allowed to file the cross-complaint as it is compulsory. l. Le I ...