Excerpt: ...his end, parties who settle disputes in good faith are immunized from claims for equitable indemnity or contribution. (CCP §877.6(c).) There is no precise yardstick for measuring “good faith,” but it must harmonize the public policy favoring settlements with the competing public policy favoring equitable sharing of costs among co‐obligors. At a minimum, the settlement must be within the reasonable range (aka “ballpark”) of the settling...

Excerpt: ...filed 03/22/22). Although this Court understands plaintiff's concerns regarding piecemeal and renewed adjudication motions, the solution is not a preemptive strike since such motions are permitted under various circumstances too myriad to decide in a vacuum. (See CCP §437c(f)(2); in accord, Marshall v. County of San Diego (2015) 238 Cal.App.4th 1095, 1104‐1106 [trial court has inherent authority to permit successive summary adjudication motion...

Excerpt: ...y Counsel Kara M. Frank concerning a meet and confer discussion with plaintiff. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable.(CCP §§ 425.10(a), 459; in accord, Blank v. Kirwan (1985) 39 C...

Excerpt: ...ded answer, no amended answer appears in the Court file. However, also missing from the Court file is any proof that plaintiff served defendant with notice of the Court's Order. (See CCP §1019.5(a): “when a motion is granted or denied, unless the court otherwise orders, notice of the court's decision or order shall be given by the prevailing party to all other parties”). As such, there is no competent proof that the time to file an amended a...

Excerpt: ...473(a)(1).) Pursuant to CRC 3.1324, the moving party must specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and include with the moving papers a copy of the proposed amended pleading and a declaration specifying the effect of the amendment(s); why the amendment is necessary and proper; when the facts giving rise to the amended allegations were discovered; and the reasons why the ...

Excerpt: ...sue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein), or from matters outside the pleading which are judicially noticeable. In general, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to ...

Excerpt: ... appointed.) The first motion involves a request for production of all communications concerning the subject property between plaintiff and Tanko Well Drilling (No. 10), Dave's Plumbing (No. 11), AL Guy Jordan Company (No. 13), Mark Lawrence Baymiller (No. 15), Life Safety Fire Protection (No.17), American Gutter Solutions (No. 18), and WeatherbyReynolds Consulting Engineers, Inc. dba Weatherby‐Reynolds‐Fritson Engineering (No. 19). For each,...

Excerpt: ...defendant Ronald Parker to produce at his deposition documents responsive to the following categories: • No. 11: “All non‐privileged writings relating to your responsibility for the subject brush fire at issue in this action on July 12, 2017.” • No. 13: “All non‐privileged writings relating to your claims against MAT Holdings, Inc. in this action.” • No. 19: “All writings which support defendant's denial of liability for the i...

Excerpt: ...ceipt of any opposition to the motion. Contrary to popular belief, there is no true heightened pleading requirement for a punitive damage prayer based on malice or oppression (as there is for fraud). However, conclusions of law without factual support are insufficient to withstand pleading attack. (See Curcini v. County of Alameda (2008) 164 Cal.App.4th 629, 650; Smith v. Superior Court (1992) 10 Cal.App.4th 1033.) In the context of a non‐inten...

Excerpt: ...oof of Service indicating that Ian Braman was personally served with the summons and complaint on 01/04/22 at 3:00 p.m. at his workplace. However, defendant advises that the service package was in fact left with a co‐ worker (Kathy Bandy) because defendant was on the phone. Defendant admits to receiving the service package within 10 minutes of its delivery to the office, and further admits that he went to greet the process server in the lobby, ...

Excerpt: ...o promote fairness by involving all parties potentially affected by a judgment. Intervenors here claims to be potential members of a class based on the operative allegations, but are concerned that their interests are not being adequately protected by the current class representatives. According to intervenors, the current class representatives and class counsel “propose to take the case in a different direction [and] are neither committed nor ...

Excerpt: ...rt this day is the initial hearing on plaintiff's application for provisional certification of a class, preliminary approval of class settlement, and approval of a PAGA settlement. The gross settlement amount (“GSA”) is $170,000.00, which is intended to cover an unknown number of non‐exempt hourly employees suffering one of many wage/hour violations. This is a non‐reversionary settlement (meaning nothing goes back to the defendant). The p...

Excerpt: ...action set forth in the operative Second Amended Complaint. The pleading is very challenging to navigate, due in large part to plaintiffs' reference to defendants by multiple code names. With regard to the Second (nuisance), Fifth (fiduciary duty), and Tenth (implied warranty) causes of action, defendants contend that these common law claims are displaced (aka preempted) by the statutory Right to Repair Act. The California Supreme Court, in McMil...

Excerpt: ..., objection‐free responses” to form interrogatories, special interrogatories, and requests for production of documents. Although plaintiffs missed the stated deadline for doing so, counsel explains that he succumbed to COVID and was innocently delayed in serving what has now been served. He further points out that even a hint of a meet and confer would have revealed counsel's plight. Further, in the interests of justice and judicial economy, ...

Excerpt: ...duction of the report requested, plaintiffs are correct that the varying responses are inconsistent and permit ambiguity. A party responding to an RPD is obligated to provide a response which mirrors one of these three responses: (1) a verified statement of compliance, which includes the actual documents (organized and labeled or as they are kept in the usual course of business) or a clear indication as to when and how the documents will be provi...

Excerpt: ...CCP §473(a)(1).) Pursuant to California Rules of Court, Rule 3.1324, the moving party must: a) Specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and b) Include with the moving papers: ▪ a copy of the proposed amended pleading; and ▪ a declaration specifying: (1) the effect of the amendment(s); (2) why the amendment is necessary and proper; (3) when the facts giving rise to t...

Excerpt: ...nty Superior Court Case No SCV260362 (hereinafter “Judgment”) for the amount of $965,000.00. On 01/10/19, defendant Rose Ortiz and Dan Riordan executed an Assignment of Equity in favor of plaintiff, pledging “in reduction of that certain Judgment all right title and interest in any and all equity which they may hold in 2235 Skunk Ranch Road, Murphys.” It is alleged that Rose Ortiz owned the property, and that Dan Riordan had some equitabl...

Excerpt: ...t. The motion is GRANTED. Plaintiff reportedly effectuated service of the summons on The Resort at Lake Tulloch, LLC, by leaving a copy of the service package with an unidentified male answering the door at 1034 E. Belmont Abbey Lane, Claremont, CA 91711‐1463. According to the POS, this was an attempt to sub‐serve the agent for service of process. The POS indicates that the address where service occurred was a home, not a business. Pursuant t...

Excerpt: ...hether it was extended pursuant to statute. The County deemed the map expired, and thus unavailable to record. The planning commission denied petitioner's appeal, as did the Board of Supervisors. Before the Court first is respondent's demurrer to the Petition. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the “four corners” of the pleading (which includ...

Excerpt: ...e time (see Minute Order dated 07/02/21), and at that time found “a reasonably possibility that Petitioner can state a good cause of action.” However, since that time, an interesting wrinkle has come to light necessitating further briefing. On 05/07/19, 82% of the qualified electorate approved Appaloosa Road Community Services District Measure B, which increased the annual parcel tax in the Appaloosa Zone from $75 to $175. The ballot itself i...

Excerpt: ...rt this day is the initial hearing on plaintiff's application for provisional certification of a class, preliminary approval of class settlement, and approval of a PAGA settlement. The gross settlement amount (“GSA”) is $170,000.00, which is intended to cover an unknown number of non‐exempt hourly employees' claims of at least one of many wage/hour violations. This is a non‐reversionary settlement (meaning nothing goes back to the defenda...

Excerpt: ...tedly covering both residences; defendant has a contrary interpretation of events. The litigation history between plaintiff and defendant is complex, as reflected in the various legal proceedings between them. (See 20CH45068, 21UD13373, 21UD13416, and 21CH45278.) In this seemingly straightforward civil action, plaintiff alleges thirteen (13) causes of action, ranging from breach of contract to invasion of privacy and assault. Before the Court is ...

Excerpt: ...mation 7 th COA: Breach of Mandatory Duties 8 th COA: Negligence Per Se 9 th COA: Intentional Infliction of Emotional Distress 10th COA: Negligent Infliction of Emotional Distress 11th COA: Estoppel 12th COA: Breach of Implied‐In‐Fact Contract 13th COA: Breach of Implied Covenant of Good Faith and Fair Dealing 14th COA: Common Count As this Court has previously observed, the varied claims and contentions makes this case a challenge to resolve...

Excerpt: ...r she failed to check any of the boxes. As such, she has neither admitted anything, nor has she denied anything. A statutory motion for judgment on the pleadings is similar to a demurrer, except that the motion (1) can be made at any time 30 days prior to the initial trial date, but (2) only after defendant has answered and (3) only on the grounds of subject‐matter jurisdiction or failure to state a cause of action. (CCP §438(c)‐(f).) The ru...

Excerpt: ...standing discovery. The motion remains unopposed. As an initial matter, this motion as presented is technically deficient in that it combines 136 separate motions into one. Plaintiffs are seeking 136 distinct orders, which means there are 136 motions here. (See CCP §1003.) Pursuant to Govt Code §70617, defendants must tender $60 for each motion seeking an order even if the motions are heard together. Although one commingled memorandum is permis...