Excerpt: ...fiduciary duty and other similar claims. Answers and Cross‐complaints were filed on 6/17/16, and discovery was served on 7/13/16 by the Schulers, Stones and Turners (“clients”) to Reed (“attorney”), consisting of requests for admission, interrogatories and requests for production of documents. The first Motion to Compel was filed on 9/16/16 because attorney had provided no responses to the discovery requests. Attorney responded to the m...

Excerpt: ...s timely. Therefore, the case will be reassigned to a new judge and notice will be mailed to all parties/counsel. In the meantime, the motion for summary judgment/adjudication of Defendant Clare as to Plaintiff's complaint has been reviewed and the following tentative ruling posted. Neither this motion nor the tentative ruling appear to affect new Cross‐Defendant Jeff Nelson. However, if any party wishes to have the tentative ruling set aside a...

Excerpt: ...g or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the court, balancing the respective equities of the parties, concludes that, pending a trial on the merits, the defendant should or . . . should not be restrained from exercising the right claimed by him or her.” See SB Liberty, LLC v. Isla Verde Ass'n, Inc. (2013) 217 Cal.App.4th 272, 280; Continental Baki...

Excerpt: ... Washington, 98002 in conformity with lease and guaranty agreements entered by the parties. The notice to this motion lists only Regency as the moving party, and does not include any of the individual defendants. Thus, the Court only rules as to Regency regarding the motion to quash. However, the Court's ruling regarding the motion to stay for forum non conveniens is binding on all parties. Defendants Timothy Lehner and Deborah Lehner's motion is...

Excerpt: ...tted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Cal. Code Civ. Proc. § 437c(c). The party moving for summary judgment carries both the burden of persuasion and the burden of production of evidence. (Evid. Code §500; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) This action arises out of a car accident that occurred on May 11, 2015 on De...

Excerpt: ...he calendar and the parties shall appear (appearance by CourtCall is acceptable) to discuss a new trial date and any other issues related to the continuance of the trial date and/or appropriate for a Case Management Conference. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 03/28/18 ‐ 2 ‐ Saicon seeks leave to amend its complaint to substitute Aurionpro's CEO and former CFO as Does 1 and 2 and to make various re...

Excerpt: ...atus quo until a judgment is entered. See Lenard v. Edmonds (1957) 151 Cal.App.2d 764, 769. In determining whether to issue a preliminary injunction, a court considers two factors: (1) the likelihood that the plaintiff will prevail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that the defendant is likely to suffer if the court grants a prel...

Excerpt: ... shall state that it is also in favor of co‐defendant BDFTW, whose declaration of non‐monetary status was not timely contested. (Civ. Code, § 2924l, subd. (c).) The basis for this ruling is as follows. RJNs. Defendant Wells Fargo's requests for judicial notice are granted. (See, Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 752‐761.) 1st, 2nd, and 3rd C/As. Plaintiffs have failed to allege a “material” violation of the...

Excerpt: ...nt a government claim asserting facts that support a negligent hiring, training, and supervision cause of action; 2) uncertainty; and 3) failure to allege facts establishing a cause of action. (Notice at p. 3.) However, Defendants withdrew their government claim argument because defense counsel inadvertently failed to file the requests for judicial notice and exhibits that would have provided the factual basis for such an argument. (Reply at pp. ...

Excerpt: ...intiff is suing Defendants for (1) tortious breach of the implied warranty of habitability, (2) contractual breach of the implied warranty of habitability, (3) breach of contract, Civil Code §3300, et seq., (4) breach of quiet enjoyment, Civil Code §1927, (5) private nuisance, Civil Code §3501, et seq., (6) premises liability, Civil Code §1714, (7) retaliation, Civil Code §1942.5, (8) negligence, (9) constructive eviction, (10) retaliatory e...

Excerpt: ...T: 09 HEARING DATE: 03/14/18 ‐ 9 ‐ Defendants Gold Star Mortgage Financial Group and Ernesto Gomez's demurrer to the second cause of action is sustained with leave to amend. “The elements which a plaintiff must plead to state the cause of action for intentional interference with contractual relations are (1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional ...

Excerpt: ...y located at 2116, 2218, 2120, and 2122 Barrett Ave, Richmond, CA 94801 (the “Subject Property”). Plaintiff pleads thirteen causes of action relating to the circumstances of the money used to purchase the property as well as torts between the parties. Though styled as a “Motion for Restraining Orders and Preliminary Injunction,” the briefing appears to solely request a preliminary injunction. Furthermore, the Court notes this Department i...

Excerpt: ...tiff from pursuing the new legal theory set forth in the proposed Second Amended Complaint, but shall preclude plaintiff from pursuing the implied‐inlaw public easement theory. The Court rules as follows: Defendants Frederick Hill, Pamela Hill, Andrew Bassak and Rebecca Bassak's motion for summary adjudication is granted. A defendant meets its burden on a motion for summary adjudication by showing either that plaintiff's claims have no merit or...

Excerpt: ...at the pending motion for summary judgment may be treated as a motion for summary adjudication of the existing causes of action. Defendants have been put to the considerable expense of bringing the motion, and fairness demands that the motion be heard on its merits despite plaintiff's last‐ minute decision to try to amend his complaint. If, as the Court has tentatively decided, the motion for summary adjudication is granted, plaintiff shall omi...

Excerpt: ...ts held title of the property, but the Plaintiffs were given exclusive possession of the property. (Comp. Ex. A; Pet. Ex. A.) Both of Alison's parents passed away by 2015 and Alison's brother, Defendant Russell Manaday, received the parents' interest in the real property. (Comp. ¶¶9; Pet. ¶¶2‐3.) Recently, the parties have been involved in a dispute regarding the property where it seems that both parties have made some claim to the property...

Excerpt: ... interest supporting the request and the substantial probability of prejudice without the sealing, and 2. A substantial probability that the interest will be prejudiced without the sealing. Moreover, Defendant has failed to show that less restrictive means would be ineffective. ...

Excerpt: ...and fair dealing, and (7) promissory estoppel against Defendants. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 09 HEARING DATE: 02/28/18 ‐ 6 ‐ The Demurrer is sustained, with leave to amend. Code of Civil Procedure (“CCP”) § 411.35 requires a party bringing a complaint arising out of professional negligence against an engineer to file and serve a certificate of merit on or before the date the complaint or cross‐complain...

Excerpt: ...alleges that Defendant has a Maintenance, Operations and Transportation Department, which is overseen by an assistant superintendent, and that this department is located in San Ramon while Defendant's headquarters are in located in Danville. (FAC ¶8.) In addition, the department has four divisions, including one for transportation, and each division is headed by a director. (FAC ¶8.) The transportation division has 70 school buses, 15 vans, and...

Excerpt: ...riate. (See, SB Liberty, LLC v. Isla Verde Assn., Inc. (2013) 217 Cal.App.4th 272, 280.) The Court finds defendants' detailed opposition declaration substantially more persuasive than plaintiffs' conclusory opening declaration. Further, plaintiffs' own opening declaration demonstrates that (1) plaintiffs came into default on their loan, and (2) plaintiffs' application for a loan modification was considered and denied. (Sioson Dec., ¶ 5 and ¶¶ ...

Excerpt: ...ge that “Cross‐Defendants['] breaches of fiduciary duty were done with malice, fraud or oppression toward the TRUST entitling the TRUST to an award of punitive damages according to proof at trial.” The motion to strike is denied. Punitive damages may only be awarded “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.” (Civ. Code § 3294(a).) As elaborated on below, the...

Excerpt: ..., responses were due on 12/22/17 and less than a week later, the Motion was filed. Responses with objection were served on 1/3/18, and without objection on 1/18/18, followed by verifications on 1/25/18. Discovery disputes where further responses are requested are required by Local Rule 3.300 to be submitted to a Discovery Facilitator. Rather than require Defendants to comply with that Local Rule, file another motion, and participate in the Discov...

Excerpt: ...n affirmative defense in the Answer to the Complaint. The issue of whether there is an entitlement to precondemnation damages is an issue to be determined by the court before the jury determines the issue of compensation. Therefore, the appropriate procedure is to bifurcate the trial. (City of Ripon v. Sweetin (2002) 100 Cal.App.4th 887, 897‐898; see also City of Perris v. Stamper (2016) 1 Cal.5th 576, 594.) If the parties accept this ruling, t...

Excerpt: ...y relief and the second cause of action to set aside the default judgment due to extrinsic fraud is granted. This court has previously examined the issue of the propriety of substitute service on Plaintiff in the early stages of this case, on demurrer. The court was restrained by the demurrer rules, which compelled this court to accept all allegations in the complaint as true. See Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The complaint alleged t...

Excerpt: ...motion to dissolve the preliminary injunction, once defendants have made a general appearance. Defendants were served with process, and with the moving papers, through corporate agents for service on January 9 and 10, 2018. This gave defendants only four days more than the bare minimum of 16 court days' notice. As a practical matter, defendants have likely not had adequate time to retain counsel and prepare timely opposition papers. Second, the C...

Excerpt: ... Ins. Co. (2004) 116 Cal.App.4th 968, 994. For purposes of a demurrer, all properly pleaded facts are admitted as true. Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967. “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer.” (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38...