Excerpt: ...s far. The allegations relating to attorney Lin's statements are privileged under Civil Code Section 47. It is not clear if Lin is included in the Third Cause of Action but if so, it should be properly identified and sufficient facts alleged to support any claim for fraud. The facts as alleged relate to her advice provided to the parties. Prior to any amendment Plaintiff must comply with 1714.10 or state facts that will bring the alleged conduct ...

Excerpt: ...the claim for Fraud, the complaint as presently framed does not contain the necessary facts to support this claim. Simply alleging that the County transferred property they did not own is not sufficient. Plaintiff needs to allege facts that put the Defendant on notice as to what information the county concealed or suppressed at the time the property was transferred. The FAC is sufficient as to the allegations that the claim is barred by the statu...

Excerpt: ...ndful that the Defendants have the use of the easement as well. As to the declarations that were filed with the original complaint and incorporated by reference in the second amended complaint, the court agrees with Defendants that the material allegations should not be pled by means of incorporating declarations. The Motion to Strike is granted without leave to amend. Moving party shall prepare the proposed Order. ...

Excerpt: ...not sufficient. As to the claims for punitive damages, again general allegations that Defendants acted maliciously, fraudulently etc. are not sufficient. Specific facts showing entitlement to such relief must adequately pled. Plaintiff shall have twenty days from the date the proposed Order is signed. Moving party to prepare the Order. ...

Excerpt: ...The declaration is general in nature and lacks specific facts. Plaintiffs are also required to establish that they would suffer irreparable injury if injunctive relief is not granted. The inability to access the Russian River for recreational purposes does not constitute irreparable injury when balanced with the harm to Defendant given the dangerous configuration of the road. As to the use of the road to avoid fire danger, Defendant has offered a...

Excerpt: ...hen McDonald was a party to the agreement to sell the property. The allegations regarding interference with the Trust Agreement are nonsensical as the Trust was a revocable trust and could be amended at any time prior to the termination date. There are no allegations that any beneficiary or any party for that matter attempted to interfere with the terms of the revocable trust. Finally, as to Pardini there are no allegations to support a claim for...

Excerpt: ...ages. The facts alleged in the complaint are statutory violations of the Labor Code regarding meal and rest breaks and minimum wage laws. Punitive damages are not recoverable when liability is premised solely on the employer's violation of the Labor Code statutes that regulate meal and rest breaks and minimum wage laws. (Brewer v. Premier Golf Properties, LP (2008) 168 Cal. App. 4th 1243). Plaintiff's Third Cause of Action for Wrongful terminatio...

Excerpt: ...17. This is Plaintiff's fourth attempt to state a claim for elder abuse. (The first case filed by Plaintiff was dismissed without prejudice after the court sustained the demurrer to the same claim). In this case the court sustained the first demurrer with leave to amend. As to the present demurrer, the court agrees with Defendant that a claim for elder abuse is not viable with the facts that have been alleged. Financial Elder Abuse is defined in ...

Excerpt: ...roper agency relationship between Lee and Defendants which is necessary to establish that Lee acted on behalf of the Defendants. Plaintiff shall file her amended complaint within 20 days of the notice of Order. Moving party shall prepare the Order. ...

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. ...

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...

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...

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...

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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...

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. ...

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...

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...

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...

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...

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...

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...

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...

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...

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...