Excerpt: ...tiffs obtained a loan secured by a deed of trust from Defendant, and while the parties were communicating in an attempt to modify the loan, First American, the trustee on the deed, recorded a Notice of Default and Election to Sell. Plaintiff alleges Wells Fargo made numerous representations that the loan modification request was being considered and that the sale had been suspended, but the sale went forward in the course of these discussions and...

Excerpt: ... 2. Demurrer (Defendants, Appleby Property Management, Olive Crest Homeowners Association, and Ara Agopian) a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer,...

Excerpt: ...23. The cross-complaint includes causes of action for breach of written contract, breach of the covenant of good faith and fair dealing, unfair business practices, and equitable indemnity. 2. Motion to Vacate Default a. Procedural History Prestige filed the cross-complaint on 5/02/23. Prestige served the cross-complaint on Cross- Defendants on 7/23/23. On 8/23/23, Cross-Defendants filed an answer to the cross-complaint, but the Clerk rejected it ...

Excerpt: ...d the hearing on the motion to 11/09/23. The Court ordered the parties to prepare a joint statement re: SROGs remaining in dispute. The Court also ordered the parties to continue to meet and confer concerning RPDs, which were scheduled for hearing on 11/09/23, and to submit a joint statement of RPDs remaining in dispute as well. 2. Joint Statements On 10/30/23, Plaintiff filed joint statements of items remaining in dispute re: SROGs and RPDs. Onl...

Excerpt: ...efendants repeatedly asked for dates for the deposition, but none were provided. Defendants therefore move to compel Plaintiff's deposition. The motion to compel is granted. CCP §2025.450. Counsel must meet and confer forthwith to agree on a date, time, and location for the deposition. If Plaintiffs' attorney does not meaningfully engage in the meet and confer process within the next five days, Defendants may unilaterally set the deposition at a...

Excerpt: ...iled the operative Second Amended Complaint (“SAC”). Plaintiff alleges that her daughter, Marlee Sage Butler (“Marlee”) was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On July 15, Marlee stopped breathing and became unresponsive and required intubation. On July 18, 2020, after two tests for brain death were performed, Marlee was pronounced dead. The SAC includes causes of action fo...

Excerpt: ...On 7/25/22, Defendant filed a cross-complaint against Palmcrest House, LLC, which was the tenant to whom Defendant leased the property, and the tenant who in turn subleased the property to Plaintiff. The cross-complaint includes causes of action for declaratory relief, breach of contract, and indemnity. On 10/03/22, Palmcrest House, LLC filed a cross-complaint against Plaintiff and Defendant, alleging claims for declaratory relief, indemnity, and...

Excerpt: ...filed the deed of trust on the property. Plaintiff filed the complaint on 3/26/21. The Clerk, at Plaintiff's request, entered Defendant's default on 11/04/21. On 11/17/21, after a default judgment prove-up hearing, the Court issued judgment in favor of Plaintiff and against Defendant. The judgment makes clear that Plaintiff owns the subject property and Defendants have no interest in the subject property. It also makes clear that the promissory n...

Excerpt: ...On 7/25/22, Defendant filed a cross-complaint against Palmcrest House, LLC, which was the tenant to whom Defendant leased the property, and the tenant who in turn subleased the property to Plaintiff. The cross-complaint includes causes of action for declaratory relief, breach of contract, and indemnity. On 10/03/22, Palmcrest House, LLC filed a cross-complaint against Plaintiff and Defendant, alleging claims for declaratory relief, indemnity, and...

Excerpt: ...filed the deed of trust on the property. Plaintiff filed the complaint on 3/26/21. The Clerk, at Plaintiff's request, entered Defendant's default on 11/04/21. On 11/17/21, after a default judgment prove-up hearing, the Court issued judgment in favor of Plaintiff and against Defendant. The judgment makes clear that Plaintiff owns the subject property and Defendants have no interest in the subject property. It also makes clear that the promissory n...

Excerpt: ...efendants repeatedly asked for dates for the deposition, but none were provided. Defendants therefore move to compel Plaintiff's deposition. The motion to compel is granted. CCP §2025.450. Counsel must meet and confer forthwith to agree on a date, time, and location for the deposition. If Plaintiffs' attorney does not meaningfully engage in the meet and confer process within the next five days, Defendants may unilaterally set the deposition at a...

Excerpt: ...d the hearing on the motion to 11/09/23. The Court ordered the parties to prepare a joint statement re: SROGs remaining in dispute. The Court also ordered the parties to continue to meet and confer concerning RPDs, which were scheduled for hearing on 11/09/23, and to submit a joint statement of RPDs remaining in dispute as well. 2. Joint Statements On 10/30/23, Plaintiff filed joint statements of items remaining in dispute re: SROGs and RPDs. Onl...

Excerpt: ...23. The cross-complaint includes causes of action for breach of written contract, breach of the covenant of good faith and fair dealing, unfair business practices, and equitable indemnity. 2. Motion to Vacate Default a. Procedural History Prestige filed the cross-complaint on 5/02/23. Prestige served the cross-complaint on Cross- Defendants on 7/23/23. On 8/23/23, Cross-Defendants filed an answer to the cross-complaint, but the Clerk rejected it ...

Excerpt: ...or an order requiring Plaintiff to post bond in order to continue to prosecute this action. a. General Governing Law In an action or special proceeding brought by a nonresident plaintiff, the defendant may at any time move for an order requiring the plaintiff to post security. (CCP §1030(a).) The stated grounds for the motion are that the plaintiff resides out of state or is a foreign corporation, and there is a reasonable possibility that the m...

Excerpt: ...aused or contributed to Plaintiff's injuries or damages. b. Standard of Care The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct required by the particular circumstances is within the common knowledge of the layman, the standard of care in a malpractice action can only be proved by an expert's testimo...

Excerpt: ...documents on Respondents, including Robert and Glenda Hoiseth, by personal service on the Hoiseths “c/o FHLC, 3914 Murphy Canyon Road, #A250, San Diego, CA 92123.” 2. 1/10/23 Hearing on Motion to Quash On 1/10/23, the Court heard the Hoiseths' motion to quash. The Court issued a tentative ruling, which was ultimately adopted as its final ruling. The ruling was as follows: The Hoiseths move to quash service of the summons, petition, and relate...

Excerpt: ...related complaints. Plaintiff alleges Defendant's misconduct occurred while Plaintiff was both a student and a student employee at CSU. 2. Demurrer to FAC a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint;...

Excerpt: ...ach of written lease contracts, and breach of oral contract. Plaintiffs allege Defendants agreed to lease commercial property to them, and represented to them the property was zoned for the use that they intended. Plaintiffs allege they spent $70,000 building out the property, but were unable to obtain permits to operate their intended mini-market and smoke shop because the premises were not zoned for such use. 2. Demurrer to FAC a. Legal Standar...

Excerpt: ...of Penal Code §496(c). 2. Motion to Sever or Bifurcate a. Parties' Positions Defendant moves to sever or bifurcate the trial. He contends his affirmative defenses of statute of limitations, lack of subject matter jurisdiction, res judicata, and collateral estoppel must all be tried to the Court, rather than to the jury, and therefore the Court should try these issues first. Plaintiff opposes the motion. She argues Defendant has not clearly state...

Excerpt: ...t he would have someone come out right away, but nobody came for 13 days, which resulted in damage to his clothing and furniture. 2. Demurrer to FAC a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and f...

Excerpt: ...filed the deed of trust on the property. Plaintiff filed the complaint on 3/26/21. The Clerk, at Plaintiff's request, entered Defendant's default on 11/04/21. On 11/17/21, after a default judgment prove-up hearing, the Court issued judgment in favor of Plaintiff and against Defendant. The judgment makes clear that Plaintiff owns the subject property and Defendants have no interest in the subject property. It also makes clear that the promissory n...

Excerpt: ...y Injunction a. Procedural History of Motion On 5/24/23, Plaintiff filed a motion for preliminary injunction, emergency injunctive relief, and restraining/protective order, setting it for hearing on 9/14/23. On 6/21/23, the Court granted Plaintiff's ex parte application to advance the hearing on the motion, and rescheduled the hearing for 7/27/23. The Court indicated Plaintiff could not combine motions, and limited Plaintiff to hearing on a motio...

Excerpt: ...red and migrated. 2. 9/29/23 Ex Parte Application On 9/29/23, the Court heard and granted Plaintiff's ex parte application to shorten time for the hearing on this motion. Both parties appeared at the hearing, and the parties waived notice of the order. Defendant was ordered to file any opposition to the motion on or before 10/05/23. Defendant has not filed timely opposition to the motion. 3. Analysis a. Law Governing Late Designations A party who...

Excerpt: ...e FAC, which includes causes of action for: Negligence Hospital Negligence Loss of Consortium Corporate Negligence Intentional Misrepresentation Breach of Fiduciary Duty Willful and Wanton Misconduct Fraud Battery 2. Demurrer to FAC a. Parties' Positions Defendants demur to the complaint, contending (a) the fourth cause of action is duplicative of the second, (b) wanton and willful misconduct is not a separate cause of action, (c) the fraud-based...

Excerpt: .... He alleges Defendant requested that he trim the trees at the property, and he fell while doing so. Plaintiff alleges he was presumed to be Defendant's employee at the time of the fall, because he was doing work for which a license is required, and he lacks such a license and never represented to Defendant that he has one. Plaintiff alleges he originally pursued a workers' compensation claim against Defendant, but Defendant denied Plaintiff had ...