Excerpt: ... evidence that establishes a prima facie case that CrossDefendant Jones Covey Group owed a contractual duty to indemnify Defendant/CrossComplainant TA Operating LLC, and that Cross‐Defendant Jones Covey Group breached that contractual duty to indemnify resulting in damages of $40,129.16. This evidence shifted the burden to Cross‐Defendant Jones Covey Group to provide a Separate Statement of Disputed Fact supported by admissible evidence estab...

Excerpt: ...mative defense. The Court finds that the allegations of the third cause of action for fraud do not plead the elements of fraud with sufficient particularity. “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” (Lazar v. Superior Court (1996) 12 Cal. 4th 631, 645.) The particularity requirement necessitates pleading facts which “show how, when, where, to whom and by what means the representati...

Excerpt: ...eferee, a process far more expedient remedy than setting the matter for trial on a preference basis. Absent cogent objection by Plaintiffs, the matter will be referred to Hon. Lesley D. Holland (Ret.). ...

Excerpt: ...ent with the ruling on the motion. Explanation: A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c).) The moving party bears the initial burden of production to make a prima facie showing of the “nonexistence of any triable issue of material fact[.]” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850...

Excerpt: ... Deed], 2 [Dates Charlotte Rust worked for Caldwell Banker, 3 [Financial Contributions to purchase of property 478 Ashwood Court, Los Banos], 4 [Mortgage Payments made for 478 Ashwood Court, Los Banos], and 5 [Disposition of Proceeds from sale of 478 Ashwood Court]. She has not The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to no...

Excerpt: ...o alleged violations of California Civil Code § 1941.1, the First Cause of Action expressly alleges violation of California Health and Safety Code § 17920.3 and incorporates by reference allegations in Paragraph 44 that the alleged presence of bed buys violated 25 California Code of Regulations § 40, both of which appear to expressly apply to hotels. Accordingly, the demurrer to the First Cause of Action is OVERRULED. The Demurrer by Defendant...

Excerpt: ...favor of Defendant Horizon Farms, Inc. and against Plaintiff Tierras Schlies, L.P.and its counsel. First, the opposition establishes, by credible admissible evidence, a failure by Plaintiff Tierras Schlies, L.P. and its counsel to engage in a meaningful attempt to meet and confer prior to filing the instant motion. (CCP § 2023.010(i); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1435.) The reply declaration and attached documents does ...

Excerpt: ...y Estoppel or false promise, (4) Quantum Meruit, and (5) Intentional Misrepresentation, all of which are based on the alleged failure of Nan Bunker to pay $65,000 to David Verbera in accordance with the terms of the May 17, 2017 Settlement Agreement and Release executed by David Verbara, Nan Bunker, and their respective attorneys, a copy of which is attached as Exhibit A to David Verbera's cross‐ complaint filed September 22, 2018. Paragraph A ...

Excerpt: ... California v. MarcosMillan Lopez, 18CR‐04706, currently pending before a criminal department of this court. Any request for relief to this court for relief in the criminal matter must be brought in the criminal matter. Second, the Civil Department of the Merced Superior Court cannot be used to appeal an decision by the Merced Superior Court in the criminal case pending therein. Third, the Jurisdictional Complaint does not state facts comprisin...

Excerpt: ...on that such interrogatories necessitate the plaintiff to create a compilation, summary or audit is unpersuasive. The discovery requests the plaintiff to identify evidence he claims establishes his damages. A plaintiff is required to provide evidence of damages as uncertainty as to the nature, existence or cause of damages is fatal to recovery. (Griffith v. San Diego College for Women (1955) 45 Cal.2d 501, 516.) As for the plaintiff's contention ...

Excerpt: ...ntiff's Request for Production and Inspection of Documents, Set One, within ten days of notice of entry of order. In accordance with Code of Civil Procedure sections 2023.030 and 2031.300(c), the Court imposes a monetary sanction against defendant Carrie Melissa Belt in the amount of $260.00, due and payable to plaintiff twenty days from notice of entry of order. The prevailing party is directed to prepare a written order consistent with the Cour...

Excerpt: ... by 180 monthly payments of $944.00. Defendant made good on his promise to repay, at least for the better part of two years. However, in or about October of 2017, defendant stopped making his monthly payments. He did not reach out to negotiate a loan modification, or seek any other relief. Instead, he just went silent. At present, there is still $71,944.64 due and owing on the loan. This does not include accrued interest and costs associated here...

Excerpt: ...s home. However, plaintiff contends that he has a 50/50 interest therein based on (1) his own contributions and (2) defendant's oral agreement to honor a “joint” interest therein. According to plaintiff, his name was not on title for tactical reasons. Before the Court this day is a defense motion for summary judgment. There is but one cause of action properly pled, and that is promissory estoppel. The evidence before the Court is that there w...

Excerpt: ... briefing), the plaintiff did not “beat” defendants' Section 998 offer. The prevailing party on this motion is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party as required by law and the California Rules of Court. The order is to be submitted by electronic filing to Hon. Brian L. McCabe. Defe...

Excerpt: ...ules that it is not. (Ibid.) While the Court concludes that defendant's motion is frivolous (see Newland v. Superior Court, supra), plaintiff's request for sanctions pursuant to Code of Civil Procedure section 128.5 is DENIED on the ground that section 128.5 does not apply to discovery motions. (Code Civ. Proc., § 128.5, subd. (e).) The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's sig...

Excerpt: ...Defendant's memorandum of points and authorities raises several arguments, including: (a) the affirmative defense of consent, (b) the affirmative defense of assumption of risk, (c) plaintiffs' lack of evidence to support elements of breach of duty, intentional conduct, intent to defraud, breach of an express or implied warranty, and (d) insufficient evidence to support a punitive damages claim. The Court also notes defendant's separate The follow...

Excerpt: ...ation on the face of the complaint that the fifth cause of action is based on privileged communications. The Court therefore is not persuaded that the fifth cause of action contains “improper matter” or is “not drawn or filed in conformity with the laws of the state.” (Code Civ. Proc., § 436.) The unopposed motion to strike the prayer for relief at page 12, lines 6 through 12 of the complaint is GRANTED in part, without leave to amend. T...

Excerpt: ...nts shall file a responsive pleading within 15 days of notice of entry of order. ...

Excerpt: ...ubject to attachment therefore includes tangible personal property, business equipment, vehicles or vessels, business inventory, identifiable cash proceeds, deposit accounts, property in a safe‐deposit box, chattel, instruments, negotiable documents of title, and final money judgments. (See Code Civ. Proc., §§ 488.300‐488.485.) Therefore, the Court GRANTS plaintiff's application for a right to attach order and order for issuance of a writ o...

Excerpt: ...and Several Liability” is OVERRULED. The complaint alleges facts sufficient to show reasonable doubt as to which of the two named defendants are liable for plaintiff Roxana Stobaugh's injuries. It is unnecessary for the Court to determine also whether the complaint alleges sufficient facts showing a valid claim for joint and several liability. If the complaint states a cause of action under any legal theory, regardless of the title under which ...

Excerpt: ...2, 966‐967.) The Court must construe the complaint “liberally … with a view to substantial justice between the parties.” (Code Civ. Proc., § 452.) The general demurrer by cross‐defendants Frank Duclo, Paula Duclo, and Frank Duclo, Jr. to the first cause of action for breach of contract in the first amended cross‐complaint The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to ...

Excerpt: ...th a copy of the summons and complaint by substitute service in 2015, did not learn of the lawsuit until June 27, 2018, and defendant's lack of actual notice of the lawsuit was not the result of evasion of service. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party/counsel a...

Excerpt: ...ordance with Code of Civil Procedure section 2033.280, subdivision (c), the Court imposes a monetary sanction against defendant Cynthia Ann Soria in the amount of $260.00 due and payable to plaintiff twenty days from notice of entry of order. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to ...

Excerpt: ...ission. In accordance with Code of Civil Procedure section 2033.280, subdivision (c), the Court imposes a monetary sanction against defendant Hector Perez Carranza in the amount of $260.00 due and payable to plaintiff twenty days from notice of entry of order. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide ...

Excerpt: ... unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call of your intent to appear does not satisfy the requirement of notifying the ...