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28 Results

Location: Mendocino x
2020.02.21 Demurrer
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.02.21
Excerpt: ... Brutocao was taken on August 26, 2019. The scenario presented to the court clearly falls within the statutory interpretation of CCP Section 474. (See McOwen v. Grossman (2007) 153 Cal. App. 4th 937.) Other citations omitted. ...
2020.01.31 Motion to Sever Issue of Partition 147
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.01.31
Excerpt: ...he Court also intends to approve the severance and court trial of the second cause of action requesting the dissolution of the identified FCV, LLC. Plaintiff filed no opposition to these requested severance, the causes of action are equitable in nature and their early resolution by the Court would promote judicial economy and would not prejudice the interests of either party. (CCP 1048(b)) The balance of the request for severance is problematical...
2020.01.24 Demurrer
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.01.24
Excerpt: ...Cal. 3rd 290). A plaintiff must allege facts establishing a unity of interest and ownership between the Corporation and the equitable owner such that the separate personalities of the corporation and equitable owner do not in reality exist. Plaintiff must also allege facts establishing that there will be an inequitable result if the acts in question are treated as those of the corporation alone. (Citations omitted) Plaintiffs shall file their ame...
2020.01.17 Motion for Attorney Fees
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2020.01.17
Excerpt: ...was a clear deterrent to any future conduct. The court did not specifically find a lack of clear and convincing evidence to support the order. The court has considered and weighed the totality of the evidence presented in the hearing and is exercising its clearly established discretion in denying fees to Respondent. In addition, there is no evidence presented thus far to establish that the parties are on unequal financial footing as Respondent su...
2019.12.13 Demurrer 649
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.12.13
Excerpt: ......
2019.10.11 Motion for Attorney Fees 878
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.10.11
Excerpt: ...ss‐ complaint for breach of contract and reformation. On the eve of trial, the parties entered into a settlement agreement allowing Plaintiff to complete the purchase of the property from Defendants for the sum of $1,000,000.00. The settlement, which included a draft real estate purchase agreement, was placed on the record on June 4, 2018. Pursuant to the Agreement, escrow was to close within 120 days from the date escrow was opened. The purcha...
2019.10.11 Motion to Tax Costs 513
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.10.11
Excerpt: ... was a very close duplicate to the declarations this Court reviewed. Nonetheless, Dr. Luna rendered some service to the Plaintiff and should get credit for that service. The Court will allow $2500.00 as the fee. The Court also agrees with Defendant that the retention of an “appearance attorney” is not a cost. The Court will disallow $350.00 for the appearance attorney. All other costs are reasonable and allowable. The total cost award is $23,...
2019.6.28 Motion to Compel Further Responses 568
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.6.28
Excerpt: ...quested is relevant to the alter ego claims made by Plaintiff and could lead to admissible evidence. The documents provided shall be deemed confidential and may only be used in connection with this case and confidentiality will be maintained through a Protective Order that shall be signed by all parties. Any reference to attorney fees shall be not included in the Order and any violation of such Order will be addressed by the Court through an appr...
2019.5.31 Motion to Enforce Settlement 878
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.5.31
Excerpt: ...fendants admit that the error was minor. Defendants have no legitimate grounds for refusing to execute the grant deed. Defendants are ordered to do so. The court will sign the proposed Order that was submitted along with the motion. ...
2019.5.17 Motion for Judgment on the Pleadings 628
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.5.17
Excerpt: ... this regard would be futile as Plaintiff has admitted that some of the loan proceeds that were shared with him were applied to other real property. Plaintiff also admits that in early 2008 he was receiving mortgage statements identifying Defendant Villavicencio as the borrower. He also admits that he attempted to assume the loan so clearly he was on notice that the loan was in the name of someone else. Finally, Plaintiff did not address any of O...
2019.3.29 Motion to Strike or Tax Costs, for Attorney Fees 644
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.29
Excerpt: ...ranted. The fees incurred are reasonable and the hourly rate is commensurate with the hourly rate billed in this locale. Respondent did not challenge the reasonableness of the fees or the hourly rate, instead she chose to challenge the motion on what this court finds to be frivolous grounds. First, Respondent argues without any supporting authority, that a copy of a retainer agreement is required to support a motion for fees. Respondent's referen...
2019.3.29 Demurrer 409
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.29
Excerpt: ...tween Plaintiff and the County of Mendocino that was filed in federal district court in 2014. The parties agreed to settle Plaintiff's claim for the sum of $5000.00. The Settlement Agreement was in writing and Plaintiff was represented by counsel at the time. The County paid the settlement amount but the check was not cashed by Plaintiff within a six month period and by operation of law the check is null and void. (Government Code §29802). Plain...
2019.3.22 Demurrer
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.22
Excerpt: ...tly held property despite the agreement that she would not make any claim to title to the subject property prior to Defendant's death. Defendant then filed a Cross‐Complaint alleging fraud and misrepresentation. In the Third Amended Cross‐Complaint, Cross‐Complainant alleges that at the time Cross‐Defendant made the agreement regarding the real property she concealed her intentions to claim that she was a 50% owner of the real property. B...
2019.3.15 Special Motion to Strike 292
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.15
Excerpt: ...y act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” In making its determination, the court is required to consider the pleading...
2019.3.15 Motion to Compel IME 836
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.15
Excerpt: ...n which the mental or physical condition (including the blood group) of that party or other person is in controversy in the action. In this case there is nothing to suggest that Ms. Goeken is a party to this action, an agent of any party or under the control of Plaintiff. Defendants can subpoena records Page 4 of 4 and take her deposition. In the event Defendant discovers additional information demonstrating that Ms. Goeken falls within one of th...
2019.3.8 Demurrer 807
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.8
Excerpt: ...iff must allege an independent tort to support her claim that Defendants conspired to defraud her. Plaintiff has agreed to dismiss the fraud claim set forth in her 10th Cause of Action so there is no independent basis to allege a conspiracy to defraud. While the court doubts that any amendment will cure the defects as to Defendants' involvement with recording the Grant Deed and the fiduciary role of the Defendants in connection with the sale of r...
2019.3.8 Demurrer 979
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.8
Excerpt: ...sher, are subject to premises liability and negligence despite the fact that they do not reside at the property and were not present when the incident occurred. Despite three attempts to state a cause of action against the landlord Plaintiff is unable to state a claim for relief. It is clear that “public policy precludes landlord liability for a dangerous condition on the premises which came into existence after possession has passed to the ten...
2019.3.1 Motion to Compel Discovery Responses, Request for Sanctions 831
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.3.1
Excerpt: ...ections by December 3, 2018. There was no reply to the email nor were responses to the discovery requests served by December 3, 2018. Plaintiff served responses to the Supplemental Interrogatories (Set One) on February 18, 2019, three days after she filed her opposition to this motion. To date, no response to the Supplemental Request for Production has been served. The motion is not procedurally defective as a separate statement is not required u...
2019.1.25 Motion to Strike Punitive Damages, Request for Attorney Fees 708
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2019.1.25
Excerpt: ...greement which was signed by Plaintiff indicates that prior to moving in he inspected the premises and found it to be satisfactory. The cases referenced by Plaintiff involved far worse and more egregious conduct than the conduct alleged in Plaintiff's complaint. The motion to strike punitive damages is also granted as to the Adkisson defendants. The motion to strike attorney fees as to the Adkisson defendants is denied. The contract between the p...
2018.7.31 Motion for Attorney Fees 021
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.31
Excerpt: ...nt's Objections 1, 2, 3, 4, 5, 6, and 8‐13 to the Declaration of Richard W. Freeman filed in opposition to the motion are sustained. Objection #7 is overruled. ...
2018.7.31 Demurrer, Motion to Strike 467
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.31
Excerpt: ...emurrer and Motion to Strike are sustained with leave to amend as to David and Tammy Brutocao. CrossComplainants fail to allege sufficient facts even at this stage, to establish agency, knowledge of an economic relationship, or any actions taken by David and Tammy that would warrant relief. Cross‐Complainants shall have 20 days to file an amended pleading from the date the Order is signed. If no amended pleading is filed, Steven Brutocao shall ...
2018.7.27 Motion for Attorney Fees 021
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.27
Excerpt: ...nt's Objections 1, 2, 3, 4, 5, 6, and 8‐13 to the Declaration of Richard W. Freeman filed in opposition to the motion are sustained. Objection #7 is overruled. ...
2018.7.27 Demurrer, Motion to Strike 467
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.27
Excerpt: ...emurrer and Motion to Strike are sustained with leave to amend as to David and Tammy Brutocao. CrossComplainants fail to allege sufficient facts even at this stage, to establish agency, knowledge of an economic relationship, or any actions taken by David and Tammy that would warrant relief. Cross‐Complainants shall have 20 days to file an amended pleading from the date the Order is signed. If no amended pleading is filed, Steven Brutocao shall ...
2018.7.13 Motion for Protective Order 473
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.13
Excerpt: ...sel shall prepare the order. ...
2018.7.13 Demurrer, Motion to Strike 728
Location: Mendocino
Judge: Courtroom E
Hearing Date: 2018.7.13
Excerpt: ...ime of filing which does not put the entity on proper notice of a claim. More importantly however, on the face of the complaint Plaintiff specifically alleges that it was on notice of an alleged breach of contract when it received a notice of termination of the contract prior to March 2015. (See Paragraph 18 and 19 of the complaint). Any claim should have been filed on or before March 2016. The claim was not filed until February 2017 and even if ...

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