Excerpt: ...asserts one sole cause of action for Violation of Homeowners Bill of Rights against Defendants, arising out of the threatened foreclosure of his residential real property. “On or about February 26, 2007, Plaintiff executed a promissory note and deed of trust…encumbering the Residence as security for a loan made to Plaintiff…in the amount of $448,000.00.” (Complaint ¶11.) Plaintiff alleges that he “defaulted on the loan sometime prior t...

Excerpt: ...laintiff seeks to file a First Amended Complaint. Plaintiff's proposed FAC is allegedly necessary where: “[t]he proposed amendments add defendants just discovered through the discovery process that was disclosed the recent production of documents [and] [t]he proposed amendments also add theories of liability that came to light in the discovery process.” (Motion 5: 7‐9.) California recognizes “a general rule of…liberal allowance of amend...

Excerpt: ...iled in conformity with the laws of this state, a court rule or order of court.” (CCP §436.) A cause of action for replevin “must describe the property sued for with that degree of certainty that an officer may be enabled to execute the process.” (Welch v. Smith (1873) 45 Cal. 230, 230.) The basis for punitive damages must be pled with specificity. Plaintiff must allege specific facts showing that Defendants' conduct was oppressive, fraudu...

Excerpt: ...the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Cal. Civ. Code §664.6.) On April 17, 2017, the Plaintiff's counsel and Defendants entered into a Settlement Agreement. Plaintiff apparently died on or about September 23, 2016. (See Opposition 4:23.) It is undisputed that Plaintiff did not personally s...

Excerpt: ...n February 23, 2016. As summarized in the Moving Papers, Plaintiff alleges that he was terminated due to his disability, and for reporting unlawful discrimination. Defendant maintains that Plaintiff was fired for‐cause—specifically for violating the company's “12‐minute policy” on four separate occasions in December 2015. Motion to Compel Further Responses to Request for Production of Documents: In the instant motion, Plaintiff seeks to...

Excerpt: ...es from a familial dispute over real property. Plaintiff PAMELA O'KANE instituted this lawsuit on December 8, 2016. On October 19, 2017, Plaintiff filed her Third Amended Complaint, which asserts the following causes of action: (1) Quiet Title to Real Property; (2) Fraud; (3) Undue Influence; (4) Financial Abuse of a Dependent Adult; (5) Undue Influence; (6) Conversion; and (7) Imposition of Constructive Trust. Defendant JACQUELINE EARLY (“Jacq...

Excerpt: ...ring. This matter is restored as an active civil case. All parties are ORDERED to appear for the already scheduled OSC Re: Entry of Default on February 9, 2018 at 8:30 a.m. in Department SE‐F. Moving Party to give notice. The motion to quash service of summons is granted. Defendants have submitted declarations attesting to their lack of actual notice of the instant lawsuit. (See generally George Reyes Decl.; See generally Michelle Reyes Decl.) ...

Excerpt: ...he plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction. (Vons Companies, Inc. v. Seabest Food, Inc. (1996) 14 Cal.4th 434, 449.) To establish general jurisdiction, a plaintiff must show that defendant's contacts with the forum are “substantial” or “continuous and systematic.” (Id. at 445.) If a defendant is not subject to general jurisdiction, it may still be subject to specific jurisdiction if ...

Excerpt: ...trike portions of Plaintiff's Complaint is MOOT. Moving Party to give notice. Defendants' request for judicial notice is GRANTED. Cal. Ev. Code §452. This contractual fraud action was filed on November 1, 2017 by Plaintiff MINA MONTEJANO. The relevant facts are as follows: “On or about October 17, 2006, Plaintiff executed a deed of trust to secure payment of a note pertaining to the Subject Property. On or about July 30, 2014, a purported trus...

Excerpt: ... with 15 days leave to amend. CCP §430.10(e). I. Defendant TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC.'s motion to strike portions of Plaintiff's First Amended Complaint is MOOT. Moving Party to give Notice. This products liability action was filed by Plaintiffs CYNTHIA STRACHAN and SELINA GARCIA on May 16, 2017. The relevant facts are as follows: “In justifiable reliance upon Defendants acts…Plaintiff Cynthia Strachan was i...

Excerpt: ...CP §436. Opposing Party to give notice. Plaintiff ADRIANA CALLEROS (“Plaintiff”) filed the instant breach of employment contract action on April 7, 2017. Plaintiff alleges, in pertinent part: “In early 2012, USG agreed to hire Calleros for a sales and customer service position. USG hoped to capitalize on Calleros' contacts in the industry and sales ability, and USG offered and Calleros' accepted the deal points for Calleros' services: a sa...

Excerpt: ...'s motion to strike portions of Plaintiff's first amended complaint is DENIED. Cal. Civ. Code §3294. Moving Party to give Notice. This action was filed in January 2017. Plaintiff alleges the following facts: On or about July 25, 2013, Plaintiff entered into two agreements with Defendants. The first agreement was a written Investment Subscription Agreement (“Subscription Agreement”) to purchase 100,000 shares of Hillhurst Worldwide Investment...