Excerpt: ...for reconsideration, a request for new trial and an appeal. First, with regard to a Motion for Reconsideration CCP section 1008 provides, in pertinent part: “(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and bas...

Excerpt: ...loria Bodenmuller Defts Siegfried and Gloria Bodenmuller's Motion for Protective Order for Dismisal from Deposition due to Doctor's Care and Elders 01/14/19 ‐ Motion Hearing; 01/11/19 ‐ Motion‐Summary Judgment / Summary Adjudication; 01/16/19 ‐ Trial Setting Conference Tentative Rulings: PLAINTIFF'S MOTIONS TO COMPEL ANSWERS TO INTERROGATORIES AND MONETARY SANCTIONS AGAINST SIEGFRIED BODENMULLER & GLORIA BODENMULLER On 6/14/18, pl...

Excerpt: ...unt 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 Associa...

Excerpt: ...he First Amended Complaint; defendant timely Demurred. Defendant's demurrer as to the first, second and third cause of action is Overruled based on this Court's prior ruling. Defendant's demurrer to the fourth cause of action is Sustained, Without leave to amend. The amended cause of action merely reiterates plaintiff's prior contention that Government Code section 129409(a) confers a benefit that is not provided in the statute which only address...

Excerpt: ...agreement stated plaintiff was not to use asphalt to pave the driveway that runs through defendant's property unless defendant did not move the water main. Plaintiff used asphalt, after the water main was moved, in violation of the agreement. Both parties agree that per regulations, the asphalt driveway cannot now be completely removed because it has been connected with a County road. Plaintiff alleges he had to use asphalt per County Code. The C...

Excerpt: ...wever, at the settlement conference, a new trial date was set for November 7, 2018. On or about January 19, 2018, plaintiff originally filed a Motion to Reopen Discovery and Submit Tardy Expert Witness Information before trial. The Court denied that motion on February 23, 2018. The Court specifically stated “[p]laintiff's Motion . . . To Reopen Discovery is Denied, Without Prejudice to be renewed expeditiously with full compliance with all stat...

Excerpt: ...urisdiction of this matter therefore was transferred to the Third District Court of Appeal prior to the date for responses. While plaintiff is technically correct that the responses are past due, any enforcement is stayed pending the Court of Appeal's ruling. If the ruling is affirmed, upon remand defendants will have four (4) weeks to comply with this Court's order to respond to the requests for admissions (i.e., the amount of time this C ourt o...

Excerpt: ...e of Pendency of Action. In May 2018, defendant's motion to expunge the first notice was granted. Plaintiff sought appellate relief and the appellate court denied plaintiff's writ application. In July 2018, the order expunging the first notice was recorded. On July 3, 2018, plaintiff filed a new case, 18CV43381, involving the same property from CV35233. To date, defendants have not been served with the complaint or summons. On July 5, 2018, plain...

Excerpt: ...MMARY ADJUDICATION On July 27, 2016, plaintiff filed a Complaint alleging breach of contract, unjust enrichment, intentional tort and general negligence against numerous defendants, including Live Well. The cause of actions stem from a reverse mortgage transaction on plaintiff's personal residence. Live Well purchased the loan from defendant Global Equity, who entered into an agreement with plaintiff for a reverse mortgage on his residence. On Ju...

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: ...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: ...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...