Excerpt: ...rom the former owner, Lauren Ivester ("Ivester"), Plaintiff contends Defendant is improperly occupying the properv, claiming to have a valid interest in the property by virtue of a lease agreement befiveen himself and Ivester entered into prior to the sale of the properVto Plaintiff On July 26, 2021, Defendant filed a Cross-Complaint against Plaintiff, asserting causes of action for quiet title, injunctive relief, declaratory relief, trespass, nu...

Excerpt: ...iff opposes Defendants' motion. Legal Standard Motions for leave to file a Cross-Complaint are governed by Code Civ. Proc. S 428.50, which provides: (b) A party shall file a cross-complaint against any of the paraes who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross- complaint. Any other cross-complaint may be filed at any time before the court has seta date for trial. ...

Excerpt: ...on-judicial foreclosure sales as codified by the Legislature at Civil Code S 2924m. The property and Defendant Allstar Financial Services, Inc.'s ("Allstan attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with the initial suit brought by Sunrise Projects, LLC ("Sunrise"), Case Number 21SMCV00756. On January 24, 2023, the Court granted Allstars motion for summary judgment as to Cofs First Amended...

Excerpt: ...on questions and requests for production of documents propounded on Rodriguez, Barrett and third-party Kathie Kent ("Kent") in connection with the notices of deposition for those individuals. Plaintiffs served objections to the document demands, claiming they called for the protection of documents protected by the attorney-client, work product, mediation, and trade secret privileges. Plaintiffs oppose Defendants motions to compel. The Court grant...

Excerpt: ...Plaintiff claims he owns 25% of United, a company which conducts clinical trials for drug development Plaintiff alleges the mdividual Defendants misappropriated United's business, employees, revenue, contracts, and trade secrets which they used to start Defendant so they would no longer have to share profits with Plaintiff. Plamtiff now moves to compel further responses to Form Interrogatories, Special Interrogatories, and Requests for Production...

Excerpt: ...s moved to vacate or set aside this judgment, which was denied by the Court on August 9, 2021. On October 18, 2021, Plaintiff moved to reclassi$r the action as an unlimited civil action and for leave to file an amended complaint. The motion was granted by the Court and on February 23, 2022, Plaintiff filed a First Amended Complaint ("PAC") alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair deal...

Excerpt: ...'s daughter and brings this action agamst Defendant in her capaciö,' as administrator of Mr. Ohashi's estate alleging several violations of the Homeowmers Bill of Rights codified at Civ. Code S 2923.4 etseq. ("HBOR") in connection with the loan made to her father. The Court previously sustained a demurrer filed by Defendant with leave to amend. On January 9, 2023, Plamtiff filed the operative First Amended Complaint ("FAC") asserting nine causes...

Excerpt: ...2021, Plaintiff filed its operative First Amended Complaint asserting a sole cause of action for breach of contract Plaintiff previously moved the Court to compel Defendants deposition. The Court granted Plaintiffs motion on Februaty 10, 2023, and ordered Defendant to appear for deposition with 20 days of the Court's order. Plaintiff now moves for terminating and monetary sanctions, arguing Defendant has failed to comply with the Courts prior ord...

Excerpt: ... June 16, 2021, Plamtiff filed an amendment to the complaint naming Martha Woliung as the Trustee of the David Freedman and Martha Woliung Living Trust Dated October 17, 2019 ("Woliung"), in place of Doe 1. Woliung moves the Court for summary adjudication as to Plaintiffs claim for punitive damages against her. Woliung also moves the Court to strike certam portions of Plamtiffs operative Second Amended Complaint ("SACO. Plaintiff opposes Woliungs...

Excerpt: ...ion, Century, and Krous have filed Cross-Complaints against each other raising claims for indemmty. Yashar's Cross-Complaint filed August 3, 2020, asserts additional causes of action for breach of warranty and negligence. Century has filed a separate action, Case No. 21SMCV01061, seeking payment for work performed on Yashars property. On March 6, 2023, the Court consolidated the fivo actions. Krous has reached a settlement with Plaintiffs and now...

Excerpt: ... Defendant brings this demurrer to Plaintiffs entire FAC arguing It fails to state a cause of action against it because it fails to plead Plaintiffs exhaustion of administrative remedies or a statutory basis for the imposition of direct liability of Defendant which is a public entity. Defendant's demurrer is unopposed. Legal Standard Transit Authority ofCity of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects m...

Excerpt: ...edure section 473, subdivision (a) and section 576. The policy favoring amendment and resolving all matters in the same dispute is "so strong that it is a rare case in which denial of leave to amend can be justified.. "Although courts are bound to apply a policy of great liberalit•y in permittmg amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this policy should be applied only 'where no prejud...

Excerpt: ... and Defendant City of Los Angeles (collectively With Defendants Flores and Hale, "Defendants"), Plaintiff alleges only one cause of false imprisonment stemming from Defendants Flores and Hale's arrest of Plaintiff for criminal threats pursuant to Penal Code 5 422. Defendants now move for summary judgment on Plaintiffs claim for false imprisonment, arguing Plamtiff cannot succeed on his cause of action because a different Court has already determ...

Excerpt: ...rocedures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code S 2924m. The property and Defendant Allstars attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with this action. Allstar brings this motion under Code Civ. Proc. S 1030 to require Sunrise to post security as a nonresident plaintiff. Sunrise opposes the motion. Objections to Evidence Sunrise's objecti...

Excerpt: ...several written amendments. Plaintiff claims the lease term eventually expired and pursuant to the term of the parties' agreement, the lease converted to a month-to-month tenancy terminable at will upon notice by either party. Plaintiff claims it gave Defendant the requisite notice to terminate the agreement and Defendant has improperly refused to surrender Defendant now moves for summary judgment on Plaintiff s unlawful detainer claim. Request f...

Excerpt: ... are governed by Code Civ. Proc. 5 437c, which allows a party to "move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (C.C.P. S The function ofa motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dism...

Excerpt: ...s filed a Memorandum of Costs seekmg an award of $73,728.45 in costs as the prevailing parties. Plaintiff brings this motion to tax the costs sought by Defendants. Defendants oppose Plamtiffs motion. At the February 16, 2023, hearing on this motion, Defendants for the first time argued they were entitled to recover their expert witness costs pursuant to Code Civ. Proc. S 998. Based on this representation, the Court ordered the paraes to submit su...

Excerpt: ..., LLP was named as a Defendant in this action as it claims an interest in the property by virtue of an attornefs fee lien. On November 28, 2022, Martinez Law Group ("Cross-Complamanff) filed a Cross-Complaint against Plaintiff and Curtis Olson (collectively "Cross-Defendants") alleging causes of action for fraud, fraud on creditors, violation of Penal Code S 496, constructive trust, cancellation of written instruments, declaratory relief, and unj...

Excerpt: ...f a recently enacted statutory scheme which changes the procedures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code S 2924m. The property and Defendant Allstar's attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with this action. Cox initiated his owm action against Allstar, Case No. 21SMCV01011, and has filed a Cross-Complaintin this 21SMCV00756 action. All...

Excerpt: ... alleged breaches of this contract, as well as alleged fraudulent inducement and misrepresentations in connection with its formation. Defendants bring this demurrer to Plaintiff's causes of action for fraudulent inducement, negligent misrepresentation, and unfair business practices under Business and Professions Code § 17200 under Code Civ. Proc. § 430.10(e), arguing Plaintiffs have failed to cure the deficiencies which led the Court to sustain...

Excerpt: ...ges the procedures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code § 2924m. The property and Defendant Allstar's attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with this action. Sunrise's operative pleading is the First Amended Complaint filed August 5, 2021, in Case Number 21SMCV00756 asserting causes of action against Defendant Allstar for quiet title...

Excerpt: ...ties which are relevant to the instant dispute between the parties. Defendant argues Plaintiff's motion is moot because he has substituted in new counsel to represent him in this action. Legal Standard “Disqualification of counsel may be ordered ‘when necessary in furtherance of justice. (Code Civ. Proc., § 128,¿subd. (a)(5).)'”¿(In re Marriage of Zimmerman¿(1993) 16 Cal.App.4th 556, 562 (quoting¿Elliott v. McFarland Unified School Dis...

Excerpt: ...erative Complaint. As Defendants' demurrers and motions to strike raise identical issues and arguments, the Court will address them together. Demurrer Standard When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabe...

Excerpt: ...ties. Plaintiff's Complaint, filed January 5, 2023, alleges two causes of action against Defendants for breach of contract and declaratory relief. Defendants bring this demurrer to all of these causes of action, arguing they fail to state sufficient facts to constitute causes of action against them and are uncertain pursuant to Code Civ. Proc. § 430.41(e). Plaintiff opposes the demurrer. Legal Standard When considering demurrers, courts read the...

Excerpt: ...ures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code § 2924m. The property and Defendant Allstar Financial Services, Inc.'s (“Allstar”) attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with the initial suit brought by Sunrise Projects, LLC (“Sunrise”), Case Number 21SMCV00756. On January 24, 2023, the Court granted Allstar's motion for summary jud...