Excerpt: ... 10, 11, 14-20, and 23-25 are SUSTAINED. Objection 22 is sustained to the degree it represents Defendants' belief of Plaintiff's position. The balance are OVERRULED. Governing Law A lis pendens notice is an instrument recorded against real property that gives notice of a pending lawsuit affecting title to the property. "A lis pendens clouds title until the litigation is resolved or the lis pendens is expunged, and any party acquiring an interest ...

Excerpt: ...under Code of Civil Procedure ("CCP") S 2031.310. This matter is on calendar for five (5) motions by the parties, to which their dispositions are as follows: 2. 3. 4. 5. Smash's Motion to Com#l Compliance with the Court's Order, filed July 25, 2023 is DENIED. Monetary sanctions requests from both parties are DENIED. Smash's Motion for Sanctons for Failure to Comply with Discovery Orders, filed July 27, 2023 is DENIED as to issue and evidence sanc...

Excerpt: ...therance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...." CCP S 187 states in full: "When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are als...

Excerpt: ...itten Air Commercial Real Estate Association Standard Industrial/commercial Single-Tenant Lease agreement (the "Lease"). This matter is on calendar for the motion by the Plaintiff for summary adjudication pursuant to Cal. Cade Civ. Proc. ("CCP") S 437(c). For the reasons set forth below, the motion for summary adjudication as to the first cause of action is DENIED. The motion for summary adjudication as to issues 2 and 3 enumerated in the notice ...

Excerpt: ...tion 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 Motion. 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 judgment debtor in order to facilitate collection of the judgment. Pa...

Excerpt: ...r is on calendar for Judgment Creditor's moton to set aside under CCP S 473(d) the renewed judgment entered on March 8, 2023, as Defendant was under the protection of a bankruptcy stay at the time of renewal. The court has the power to set aside any void order upon the motion of a party. CCP S 473(d). "The filing of a bankruptcy proceeding operates as a stay of 'the commencement or continuation of a judicial action or proceeding against the debto...

Excerpt: ...ies 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 the settlement until #rformance in full of the terms of the settlement." CCP S 654.6(b) provid...

Excerpt: ...r is on calendar for the motion to compel deposition of the Administrator(s) of Defendant's facility where Decedent received care for the timeframe covering 09/25/20 through 05/16/21 ("Administrator's Notice"), and for the deposition of Michele Larrew ("Larrew Notice"), and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The Administrator's Notice contains forty-two (42) document requests, Larrew's Notice contains ...

Excerpt: ...nst all Defendants for failure to have a workers compensation policy in place. (See generally, Complaint.) The named defendants include the following: Ridgefront Properties, LLC, ("Ridgefront") which owns real property in Mendocino County, including real property located at 78500 Rd. 343, Covelo, California ("Property"), but has no employees and conducts no business other than leasing property. (UMF, 1-3.) Greenhouse Family Farms, LLC, ("Greenhou...

Excerpt: ...ments violate Civil Code section 896(a) standards for water issues, including unintended passage of water beyond, around, or through designated moisture barriers at doors, windows, patio and deck doors, roofs, roofing systems, decks, decking, stucco, exterior walls, and more. The FAC adds that there are signs of water intrusion behind the building paper and the building sheathing is compromised with rot above a window. Plaintiffs named several de...

Excerpt: ...Welf. & Ins. Code ("WIC")) S 15600 et seq.; 3) wrongful death caused by medical malpractice. This matter is on calendar for two (2) motions. First, Defendant's demurrer to the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP S 430.10(f) for uncertainty, Second, Defendant's moton to strike pursuant to CCP S 435 et seq. Of note, Plaintiff's Opposition to the...

Excerpt: ...ction for alleged violations of California Labor Code S 2698. This matter is on calendar for Defendants' motion for dismissal or a stay due to the existence of a class action in federal court based on the same alleged labor code violations. The motion is DENIED. Governing Authorities Stays and Concurrent Federal Jurisdiction California courts maintain the inherent power to stay proceedings in the interests of justice and to promote judicial effic...

Excerpt: ... he suffered during the course of that employment. This matter is on calendar for the petition (styled as a "motion") by the Medical Group to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Providence has filed a joinder tothe petition. Defendants' petition to compel arbitration and stay proceedings is GRANTED. Facts and Procedure This matter arises out of an employment relationship between the Plaintiff and Annadel. Plainti...

Excerpt: ...r the petition (styled as a "motion") 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 CONTINUED to August 18, 2023. The Basis for the Motion Defendant moves to compel arbitration based on arbitration agreements allegedly signed by each of the Plaintiffs on January 18, 2022. See Declaration of Deisy Hernandez, Exhibit A (the "Arbitration A...

Excerpt: ...breach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b); 3) breach of implied warranty under the Act. This matter is on calendar for the motion to compel deposition of person most knowledgeable, and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The unopposed Motion is GRANTED. Defendants are ordered to produce their person(s) most knowledgeable as to the subject matters in...

Excerpt: ...ierrez ("Gutierrez"), (all together, "Cross-Defendants"), Ashley Eib ("Eib"), Marie Young ("Young", dismissed), Margherita Gudenzi ("Gudenzi", dismissed), Michael Sean McGuire ("McGuire", now dismissed), and Does 1-50 alleging fifteen causes of action. This matter is on calendar for the moton by the Cross-Defendants for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c). The Motion is GRANTED in ...

Excerpt: ...ction 22 is sustained to the degree it represents Defendants' belief of Plaintiff's position. The balance are OVERRULED. Governing Law A lis pendens notice is an instrument recorded against real property that gives notice of a pending lawsuit affecting title to the property. It clouds title and prevents the transfer of the property until the litigation is resolved. Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523. It is a remedy which must be ...

Excerpt: ...he presently operative cross-complaint (the "Cross- Complaint") against defendants William B. Kelly ("William") as trustee of the Thomas P. Kelly, Jr. 1999 Dated May 8, 1999 (the "Trust"), and John A. Kelly ("John", together with William, "Cross-Defendants") arising out of Cross-Defendant's alleged mishandling in managing the affairs of the Trust. This matter is on calendar for Thomas's motion for sanctions against John's counsel, Mark Clausen ("...

Excerpt: ...at she has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. Plaintiff's unopposed request for judicial notice is GRANTED. The legal effect of the court's order deeming matters admitted is judicially noticed. A plaintiff is entitled to judgment on the pleadings if "the complaint states facts sufficient to consttute a cause or causes of action against the defendant and the answer does n...

Excerpt: ...acated because the parties reached a settlement which awarded Plaintiff attorneys' fees and costs, but left the matter to further stipulation or order of the Court. This matter is on calendar for Plaintiff's motion for attorneys' fees and costs pursuant to the parties' settlement agreement and Cal. Civ. code S 1794. The Motion is GRANTED, in the amount of $81,328.58. The Basis for Fees Cal. Civ. Code S1794(d) provides: "Ifthe buyer prevails in an...

Excerpt: ...he motion is DENIED without prejudice. 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 the settlement until #...

Excerpt: ...ter the judgment was entered in 2016 per her interest in the property. The Petition is GRANTED in part, and DENIED in part without prejudice. Relevant Law Under CC section 2924j(a), absent an interpleader action, within 30 days of execution of a trustee's deed resulting from a sale with proceeds remaining after payment of the creditor, etc., the trustee must send notice to all persons with recorded interests in the property. Subdivision (b) requi...

Excerpt: ...ant motion to declare Defendant a vexatious litigant under Cal. Code of Civil Procedure ("CCP"), S 391. The moton is GRANTED. Governing Law The vexatious litigant statutes were created to curb misuse of the court system by those acting in pro per who repeatedly relitigate the same issues. Hupp v. Solera Oak Valley Greens Ass'n. (2017) 12 Cal.App.5th 1300, 1311. "These persistent and obsessive litigants' abuse of the legal system 'not only wastes ...

Excerpt: ...ant under Code of Civil Procedure ("CCP") S 2030.290, (2) Plaintiff's motion to compel of documents ("RPODs") from Defendant under CCP S and (3) Plaintiff's Motion to deem requests for admissions ("RFAs") admitted under CCP S 2033.280. The Motions are GRANTED. Defendant shall serve verified responses to FIS and RPODs, free of objections, within twenty (20) days of notice of entry of the order on this Motion. Plaintiff's motion to deem admissions ...

Excerpt: ...n of Documents Nos. 1-3, 9, 14-16, 31-33, 37-96, 107 and 108, and (3) Motion to Compel Defendant General Motors LLC, Further Responses to Special Interrogatory Nos. 14, 40-45, and 55. Defendant opposed all three motions by contending Plaintiff failed to meet and confer in good faith, that all its responses are proper, and Plaintiff improperly seeks trade secret material. Plaintiff does not seek sanctions in any motion. The Court also received a r...