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,...

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...

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...

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. ...

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 ...

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. ...

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 ...

Excerpt: ...sel shall prepare the order. ...

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 ...

Excerpt: ...ction to private suits between individuals and does not authorize suits against the Tribal entity. (Case citations omitted). ...

Excerpt: ...ions presented. The declaration also demonstrates that there are significant issues regarding the ownership interests which would warrant the introduction of further evidence. A CMC will be set for July 13, 2018 at 11am in Department E. The parties shall file CMC statements. The court will set this matter for trial at the CMC ...

Excerpt: ...pursue this claim an amended pleading shall be filed within 20 days from the date of the Order. Defendant shall file its answer/response after the amended pleading is filed or within 30 days from the date of the order. Defendant is to prepare the Order. The CMC currently scheduled for June 22, 2018 is continued to August 17, 2018 at 11am in Department E. ...