Excerpt: ...defendants. On June 3, 2015, plaintiff filed a Notice of Appeal that is still pending. In January 2019, plaintiff recorded a lis pendens against the subject property. On November 18, 2019, defendants filed this motion. Defendants have not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of co...

Excerpt: ...ore December 3, 2018. Having received no responses from plaintiff, defendant filed this motion on November 8, 2019. A court trial is set for January 30, 2020. Plaintiff has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedura...

Excerpt: ... First Amended Complaint was filed. On February 7, 2017, a Second Amended complaint was filed. On April 20, 2019, defendants T & K Bennett enterprises, Inc., dba Century 21 Sierra Properties, and Tamara Dillashaw sought summary adjudication as to the third and twelfth causes of action and the prayers for general damages, punitive damages, and attorney's fees. The Court granted defendants' Motion for Summary Adjudication in its entirety. The Court...

Excerpt: ...ere served on July 3, 2019, but no documents were produced in response to Requests numbers 1, 3, 6, 8, 12, and 13. On April 26, 2019, defendant propounded form interrogatories on plaintiff. Defendant granted plaintiff's request for an extension to June 13, 2019. Plaintiff's incomplete responses were served on July 12, 2019. On September 20, 2019, the Court granted defendant's motion to compel plaintiff to fully comply with responses to request fo...

Excerpt: ...019, defendant Wuttke filed a demurrer to the first amended complaint. On November 21, 2019, plaintiff filed a motion for leave to file second amended complaint is scheduled on December 27, 2019. Defendant Wuttke's request for judicial notice for Exhibits 1 and Exhibit 2 pursuant to Evidence Code section 452 and 453 is GRANTED. Plaintiff's request for judicial notice for Exhibits 1.a., 1.b. and Exhibit 2 pursuant to Evidence Code section 452 and ...

Excerpt: ...019, defendants filed this motion to partially expunge the lis pendens. Defendant has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐deficient motion. However, in the interests of justice and judicial economy, the ...

Excerpt: ...r the filing of this motion, a probate matter for the estate of Carol Gordon was filed. Plaintiff's motion is GRANTED as no opposition has been filed. The clerk shall provide notice of this ruling to the parties forthwith. Plaintiff is to prepare a formal order in compliance with this ruling. 9:00 AM 17CV42160 Angels Gun Club's Motion to Amend Cross Complaint 02/02/2017 02/19/2020 Case Management Conference Ptff/Pet: Tryon, Thomas Atty: Mooney, D...

Excerpt: ...ion, the Court agrees with defendants that plaintiffs have overstated the role a single point of contact serves under Civil Code section 2923.7 as the complaint confirms such a contact was in communication with plaintiffs. Defendants' demurrer to the first cause of action is sustained, with twenty (20) days leave to amend. Defendants' demurrer to the second cause of action is sustained, with twenty (20) days to leave to amend. Plaintiffs failed t...

Excerpt: ...continued until 5/31/19 because Vincent Vu, attorney for the plaintiff requested a continuance as “significant progress has been made in his case.” Court directed Mr. Santens, the new owner, to continue to work with the City of Angels. To date, no update as to the status of the request for inspection and abatement warrant has been provided to the Court. If the property continues to allegedly contain unsanitary conditions, petitioner's motion ...

Excerpt: ...nd cause of action. (The Court finds the answer filed on December 18, 2018 was inappropriately designated as Caltrans' answer and was superseded by the amended answer filed by George Reed, Inc. on 2/19/19.) Even under California's liberal pleading practice, plaintiff has failed to separate the allegations within the second cause of action. The allegations as to each defendant within the cause of action must be pled with sufficient particularity t...

Excerpt: ...tow Sheppart Wayte & Carruth Llp Tentative Ruling: The Court has read and considered defendants' “Motion for Summary Judgement [sic]/Summary Adjudication” filed April 2, 2019. Code of Civil Procedure section 473c(b)(1) requires that: The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed b...

Excerpt: ...intiff Smith as a passenger, and the ATV flipped and plaintiff was injured. In analyzing the request for punitive damages, the Court relies on Peterson v Superior Court ((1982) 31 Cal.3d. 147), where the California Supreme Court stated “the law in California had evolved in the area of punitive damages to the point where a finding of defendant's conscious disregard of the safety or rights of others would support an award of punitive damages.” ...

Excerpt: ...and sixth causes of action. Defendants' request for judicial notice is granted as to all four requests pursuant to Evidence Code section 452 and 453. Defendants' demurer to the first cause of action is Overruled. Plaintiffs have pled an actionable claim for intentional misrepresentation. Additionally, the Court finds the cause of action is not barred by the economic loss rule as the cause for promissory fraud is tortious in nature, greater than a...

Excerpt: ...ts to specify which acts by which defendants are the basis for any given cause of action. While plaintiff has alleged each cause of action “against ALL DEFENDANTS” this is insufficient to allow each defendant to address each specific act plaintiff contends form the basis of the allegation as to each defendant as required when causes are asserted as to multiple defendants. Additionally, the Court agrees with defendants that plaintiff has faile...

Excerpt: ...otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty‐five percent of the individual's disposable earnings for that week. (2) Fifty percent of the amount by which the individual's disposable earnings for that week exceed 40 times the state minimum hourly wa...

Excerpt: ...e Ruling: The Court has read and considered plaintiffs [sic] Bodenmullers' “Request for Attorney and All Legal Fees Refunded and Monetary Compensation for Punitive Damages” filed March 26, 2019. As defendants have provided no statutory or case authority for this motion, defendants' motion is DENIED. Defendants failed to comply with Local Rule 3.3.7 enacted January 1, 2018 by failing to include the necessary language in the notice of motion re...

Excerpt: ...st various defendants regarding the purchase of their residence in Angels Camp. Defendants T & K Bennett and Tamara Dillashaw, the listing real estate broker and agent, seek summary adjudication as to the third and twelfth causes of action and the prayers for general damages, punitive damages, and attorney's fees. Plaintiffs have filed no opposition; however, the Court must still determine if defendants have met their burden to establish either t...

Excerpt: ... states: “(a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following: (1) Twenty‐five percent of the individual's disposable earnings for that week. (2) Fifty percent of the amount by which the individual's disposable earnings for that week exceed 40 times t...

Excerpt: ...31.051). On August 24, 2018, defendant served an identical supplemental interrogatory, set two, and supplemental request for production of documents, set two. No responses were ever received. Code of Civil Procedure section 2030.260 provides that responses to interrogatories be served within 30 days and Code of Civil Procedure section 2030.290 provides that failure to timely provide responses waives any right to exercise the option to provide wri...

Excerpt: ...8. Defendant attempted to meet and confer and offered until January 11, 2019 for plaintiff to provide amended responses, asserting plaintiff's responses were defective. No amended responses were ever provided. (Although defendant labeled the present motion as one to “compel discovery responses,” in reality it is one to compel further responses, a necessary distinction as different statutory sections and standards apply; additionally, no issue...

Excerpt: ...l's business for the calendar year 2016.” (A second requested item was provided by defendant.) Defendant initially responded by estimating responding to the request would involve approximately 3000 pages that could be produced by June 8, 2018. Upon further review, on June 18, 2018 defendant notified petitioner that the request was not a valid PRAR. Petitioner responded to this denial by filing a petition for alternate and preemptory writ of man...

Excerpt: ...plaint. Pursuant to CCP section 472, a party can respond to a demurrer by amending the challenged pleading before the hearing. Based on the foregoing, Defendant's Demurrer is OVERRULED as moot. The clerk shall provide notice of this ruling to the parties forthwith. No further formal order pursuant to Rule of Court 3.1312 is required. ...

Excerpt: ...fendant's motion is therefore denied as MOOT. The clerk shall provide notice of this ruling to the parties forthwith. The Court will sign the judgment submitted by defendant. ...

Excerpt: ... respond. Based on the foregoing, plaintiff's motion requesting the matters be deemed admitted is GRANTED. Requests for admission numbers one through four are deemed admitted. Additionally, as no information was provided to the court as to costs or fees incurred, the only monetary sanction awarded pursuant to CCP section 2033.280(b) is the $60.00 filing fee for the present motion. The clerk shall provide notice of this ruling to the parties forth...

Excerpt: ...ree with the terms proposed by defendant. The Court DENIES the motion without prejudice. No evidence has been presented to support defendant's motion as to the claimed terms of the agreement. Defendant's motion is lacking Exhibits 2 through 7. Although a court reporter was present, neither party submitted a transcript outlining the parties' agreement. Defendant failed to comply with Local Rule 3.3.7 enacted January 1, 2018, by failing to include ...

Excerpt: ... transcripts and the video depositions of plaintiff Margaret Williams and Jerry Lambert, a non‐party in this matter. (LBUSD is the defendant in a suit brought by Ms. Williams and believes depositions are directly relevant to that case. LBUSD's motion is DENIED. No authority, either statutory or case law, has been presented to support defendant's motion which is conclusory in nature. All parties in the above entitled matter signed the Stipulatio...

Excerpt: ...t was under construction when he inherited it from his father. Plaintiff alleges that although construction was completed later that year defendant's inspectors did not issue a final approval until January 7, 2014. The property was then reassessed increasing plaintiff's property taxes. Plaintiff claims defendant did not have the authority to reassess the property. Both plaintiff and defendant have filed motions for summary judgment. Pursuant to C...

Excerpt: ... Law Group Tentative Ruling: Defendants T & K Bennett Enterprises Inc. dba Century 21 Sierra Properties and Tamara Dillashaw's Motion for Summary Adjudication Plaintiffs have alleged a total of fourteen causes of action in their second amended complaint against various defendants regarding the purchase of their residence in Angels Camp. Defendants T & K Bennett and Tamara Dillashaw, the listing real estate broker and agent, seek summary adjudicat...

Excerpt: ... Cattle Co. They borrowed money from Stockton Production Credit Association, but fell behind in payments. In 1983, Plaintiffs transferred their interest in the company to Defendant's husband, who in turn, granted Plaintiffs a hold harmless agreement. In 1984, Defendant's husband conveyed his interest in his home, referred to as the Mokelumne Hill property, to himself and Defendant. In February 1985, Defendant's husband died. The Credit Associatio...

Excerpt: ...m and Special Interrogatories. On April 27, 2018, the Court granted Plaintiff's motion and ruled that “Defendant was to provide complete, verified answers, without objection, to plaintiff's form and special interrogatories, sets number one, no later than 5:00 p.m. on May 11, 2018.” To date, Defendant has failed to follow the court's order. On July 20, 2018, Plaintiff filed a Motion for Sanctions requesting the following: 1) Defendant's Answer...

Excerpt: ...2016.) On June 15, 2018, David Zamora appeared with the documents that were requested by Defendant. David Zamora advised Defendant's attorney at the deposition that he refused to bring Gus Zamora because of his Gus's age and failing health. David Zamora did not advise Defendant's counsel in advance that Gus Zamora would not attend. An incompetent ward is not exempt from discovery. (Regency Health Services, Inc. v Superior Court (1998) 64 CA4th 14...

Excerpt: ...HROUGH 50, INCLUSIVE'S MOTION TO TRANSFER ACTION: Plaintiff filed his verified complaint in regards to real property located at 6190 Starlight Lane, Mountain Ranch, Calaveras County, on March 22, 2018. On June 22, 2018, the Defendant filed his unverified answer. On June 27, 2018, Plaintiff filed a motion to strike Defendant's answer to the Verified Complaint. On July 27, 2018, the Court granted Plaintiff's Motion to Strike Defendant's Answer and ...

Excerpt: ... payments on the loan equity agreement. Also throughout this time, many other banks and companies owned the loan. Plaintiff alleges that he made several attempts at contacting these various agencies to determine the amount owed, payments made, etc. Defendants replied to these letters but were unable to provide the exact information Plaintiff was requesting. Plaintiff alleges Defendants did not meet statutory requirements for conducting the sale a...

Excerpt: ...d to supersede the earlier filed and more usual procedure of a simple request for judicial notice to substitute documents that are certified, signed, and otherwise corrected shortcomings of the exact same documents contained in the earlier‐filed request for judicial notice. The Court finds that Exhibits “A” through “E” all are appropriate for judicial notice pursuant to provisions of Evidence Code § § 452 and 453 and further are relev...

Excerpt: ...ff to post a bond in the amount of $50,000. Subsequently, on 4/30/18, this Court entered judgment for defendants on their demurrer to the second amended complaint. Defendant Morris now seeks to receive the bond as partial fee reimbursement and along with defendant Wingerter seeks an award of an additional amount of attorney's fees pursuant to Corporations Code Section 800 and Code of Civil Procedure Section 128.5. Plaintiff opposes contending the...

Excerpt: ...of material fact as to both allegations, i.e., whether the wage statements included an address for the employer and whether the employees were paid within seven days of the close of a pay period. Concerning the contention of a violation of Labor Code section 226(a), i.e., failing to include the employer's address on the wage statement, the Court has exhibits attached to plaintiff's declaration that have no employer address but checks attached to ...

Excerpt: ...to state a cause of action on two grounds: 1)under Code of Civil Procedure Section 377.30 a survival action can be commenced only by the decedent's personal representative or successor in interest; and 2) for a public entity to be sued in a personal injury action the rule is governmental immunity unless liability is specifically imposed by a statute and the complaint in its present form fails to identify any statutory basis for overcoming this pr...

Excerpt: ...mplaint concerning claims for declaratory relief and permanent injunction. CCWD now seeks summary adjudication of the portions of the complaint constituting claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud. Plaintiff opposes primarily on procedural grounds that the current MSA violates Code of Civil Procedure Section 437c(f)(2)'s prohibition of a renewed MSA based on the same facts and issues...

Excerpt: ...Atty: Bohm Law Group Def/Res: Dignity Health; Dignity Health dba Mark Twain Medical Center; Optum 360 Atty: Kronick Moskovitz Tiedemann & Girard; Seyfarth Shaw Llp TENTATIVE RULING ON PLAINTIFF'S MOTIONS TO COMPEL DISCOVERY AND DEFENDANT OPTUM360'S MOTION FOR PROTECTIVE ORDER Before the Court for ruling are a total of six motions to compel discovery filed by plaintiff as to defendant Dignity Health dba Mark Twain Medical Center [hereinafter “Ma...

Excerpt: ...sors' ban on cannabis cultivation, respondents seek to strike from the first amended petition all references to Code of Civil Procedure Section 1094.5, contending petitioners' sole potential remedy is a CCP § 1085 traditional mandamus and not a CCP § 1094.5 administrative mandamus. Petitioners oppose contending the present motion is outside the scope of CCP § 436(b) relief that allows striking portions of an operative pleading. A motion to str...

Excerpt: ...t to Code of Civil Procedure Sections 446(a) and 2015.5. Plaintiffs Request For Judicial Notice of the answer is Granted pursuant to Evidence Code Section 452(d). The provisions of CCP § 446 that a verified complaint be responded to with a verified answer are mandatory. Defendant Urteaga's answer fails to contain the necessary verification language of CCP § 2015.5. Based on the foregoing, Plaintiffs' Motion To Strike Defendant Urteaga'a Answer ...

Excerpt: ...cause of action for PAGA claims precludes arbitration and additionally that defendant waived its right to compel arbitration by waiting 18 months to seek this relief. Plaintiff's complaint follows all pleading requirements to assert that the claims are in the nature of a class action on behalf of all similarly situated and that it contains a PAGA claim asserted on behalf of the general public. This Court finds that the California Supreme Court de...

Excerpt: ...ff Michelle Munnicks and on plaintiff Doriann Munnicks (by and through her guardian ad litem). No responses have been received to date. Code of Civil Procedure Section 2030.260 provides that responses to interrogatories be served within 30 days and CCP § 2030.290 provides that failure to timely provide responses waives any right to exercise the option to provide writings as responses and also waives any objections. Based on the foregoing, Defend...

Excerpt: ... defendants' demurrer and issued its ruling on May 30, 2018. Defendants seek to have the Court vacate that Order and issue a new ruling correcting alleged clerical errors, specifically omission of paragraphs 5, 6, 7, and 8 from the tentative ruling posted on the Court's website. The Court is confused by the present motion. Review of the tentative ruling posted on the Court's website and the Ruling issued on 5/30/18 that is contained within the Co...

Excerpt: ... stay on respondents' decision to ban cannabis cultivation in Calaveras County alleging failures to conform to provisions of CEQA. Respondents seek to have the CEQA portions of the petition dismissed for petitioners' failure to request a hearing within 90 days of the filing of the petition pursuant to Public resources Code Section 21167.4. Petitioners oppose, contending the 90 days was triggered by the filing of the operative petition, i.e., the ...

Excerpt: ... making a traffic stop for plaintiff exceeding the speed limit. Plaintiff used the services of the Calaveras County Sheriff's Office to serve defendant by substitute service, delivering a copy to the CHP office on Sunday, May 6, 2018, and mailing a second copy. Defendant contends this was improper and moves to quash service. Plaintiff has filed a “motion to strike defective motion to quash, motion to show cause for contempt, motion for entry of...

Excerpt: ...ior rulings by this Court confirmed on appeal by the Third District Court of Appeals have resolved all issues other than the cause of action for elder abuse, including those to quiet title and for partition. As a result, there is no longer any real property claim being asserted by plaintiff thereby removing the foundational basis under CCP § 405.20 for recording a lis pendens. Lacking this condition precedent, defendant is entitled to the relief...

Excerpt: ...which were “recently paid”. Defendant opposes contending plaintiff has filed suit in the state of Nevada to recover the same $6,195.14 in damages stemming from this same accident against this same defendant. Defendant's request for judicial notice of Exhibit “A” is granted pursuant to Evidence Code Sections 452 and 453. Although plaintiff is correct that the general rule is liberality in allowing amendment of pleadings, this is not an abs...

Excerpt: ...AND GOVERNMENT CODE SECTION 65753 Petitioners seek an injunction or administrative stay on respondents' decision to ban cannabis cultivation in Calaveras County alleging failures to conform to provisions of CEQA. Respondents seek to have the CEQA portions of the petition dismissed for petitioners' failure to request a hearing within 90 days of the filing of the petition pursuant to Public resources Code Section 21167.4. Petitioners oppose, conten...

Excerpt: ... for Admission Set Two; Ptff's Motion to Compel MTMC's Discovery Responses to Form Interrogatories General Set Two; Plntff's Motion for Leave to Amend; & Def OPTUM360's Services Inc.'s Motion for Protective Order; 08/22/2018 Trial Setting Conference Ptff/Pet: Mills, Steven Atty: Bohm Law Group Def/Res: Dignity Health; Dignity Health Dba Mark Twain Medical Center; Optum 360 Llc Atty: Kronick Moskovitz Tiedemann & Girard; Seyfarth S...