Excerpt: ...itor filed an application to request that the Court set an OSC regarding the sale of real property in order to enforce the judgment. No OSC has been set. The procedures for obtaining authorization to sell real property to enforce a judgment are enacted at CCP section 704.760 to 704.780. Under CCP section 704.760, the judgment creditor must submit an application that describes the dwelling and that includes the following: a) A statement whether or...

Excerpt: ...n possession of the tangible personal property prior to trial. CCP section 512.060 permits the Court to issue a writ of possession when the Court finds the following: 1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property. 2) The undertaking requirements of Section 515.010 are satisfied. The Plaintiff provides facts in his own declaration in support of his application. Gary Algier states ...

Excerpt: ...ourt to strike any portion of a pleading that is improper or not drawn in conformity with California law. A motion to strike is the procedure to attack an improper remedy. Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561-1562. A complaint including a request for punitive damages must include allegations showing that the plaintiff is entitled to an award of punitive damages. Clauson v. Superior Court (1998) 67 Cal....

Excerpt: ...intiff's claim that the Defendant, Meyghan Hill, failed to repay a loan. The Defendant filed a Cross-Complaint against the Plaintiff and Michael Flanagan, to claim that the efforts to recover the debt involved unfair business practices and violated the Federal and California Fair Debt Collections Practices Act. In addition, the Defendant claimed in her Cross-Complaint that the loan was obtained through false representations and that the loan agre...

Excerpt: ...nts, Watts Premier, for leave to file a Cross-Complaint for an indemnity against a third party, Luis Rodriguez, because Mr. Rodriguez installed the water filter. Under CCP section 428.50, the Court may grant leave to file a Cross-Complaint in the interest of justice at any time during the course of the action. A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court. Silver Orgs. v. ...

Excerpt: ... one cause of action for Elder Abuse. This hearing concerns the demurrer and motion to strike of the Defendant, AG Arcadia, LLC, which was sued as Huntington Drive Health and Rehabilitation Center. It is the only named Defendant. 1. Demurrer to First Cause of Action for Elder Abuse The Defendant argues that this cause of action lacks sufficient facts to plead an elder abuse cause of action and that it should be pleaded as a negligence claim. A re...

Excerpt: ...ogram and by submitting fraudulent tax return information. In addition, the Defendant breached the service agreement by failing to comply with a provision that required her to provide professional services only to the Plaintiff. The Defendant breached this provision by providing unauthorized services to a business that should have been a client for the Plaintiff. CAUSES OF ACTION IN FIRST AMENDED COMPLAINT: 1) Breach of Contract 2) Fraud 3) Promi...

Excerpt: ...7) Intentional Misrepresentation 8) Unjust Enrichment 9) Wrongful Foreclosure 10) Violation of RESPA This hearing concerns the demurrers of Defendants, California Credit Union and T.D. Service Co., to the Complaint. California Credit Union was the lender and T.D. Service Co. was the party that performed the non-judicial sale of the property. The Plaintiffs did not file any opposition papers to the demurrers. In its papers, the Defendant, Californ...