Excerpt: ...ains the following allegation: “Cross‐Complainant is informed and believes, and thereon alleges that Cross‐Defendant ALTENERGY POWER SYSTEMS, USA, INC. dba 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 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...

Excerpt: ...d. (See e.g. Wright v. Rogers (1959) 172 Cal.App.2d 349, 365‐366.) The instant demurrer is brought by Defendant Dual Arch International, Inc., which is alleged to be “engaged in the business of title insurance, banking services, including foreclosure, and acting as trustee for banks, mortgage holders and lien holders (Second Amended Complaint ¶ 3), that Defendants Gurjit, Gursharan, and Tajender allegedly substituted as trustee under the all...

Excerpt: ...ond Amended Complaint's First, Second, Third, Fourth, and Fifth Causes of Action for uncertainty is GRANTED. The demurrers to such causes of action on other grounds are OVERRULED AS MOOT. The Complaint fails to state the precise legal grounds (e.g. privity, assignment, third party beneficiary, novation, estoppel) that Plaintiff, West Creek Builders LLC, asserts as entitling it to enforce each of the contracts alleged in the Second Amended Complai...

Excerpt: ... Notice to pay rent for the period October 1, 2020 to August 31, 2021 or quit. At the time the Unlawful Detainer Complaint was filed, Plaintiff filed a UD‐101 Coversheet indicating that Plaintiff has not received rental assistance, does not have a rental assistance application pending. Plaintiff does not appear to have complied with CCP § 1179.11(c) by providing a sworn statement that rental assistance was denied or 20 days have passed since r...

Excerpt: ...(118.1 hours times $275=$32,477.50) plus costs of $5,113.02, for a total award of $37,590.52 fees and costs, and denies the motion to the extent a greater amount was requested. First, this Court's reasonable fee analysis begins with the fact the $32.477.50 of attorney's fees awarded above is more than double the amount Plaintiff's counsel would have received as a contingent fee if this matter had been litigated to a judgment of $30,000, the amoun...

Excerpt: ...Third, Fourth, Fifth, and Sixth Causes of Action fail to state a cause of action and are uncertain is OVERRULED. Plaintiffs have standing and have substantially complied with CCP § 377.32. Each cause of action is not uncertain and states sufficient facts, which are assumed to be true, to establish the causes of action alleged. Motion to Strike (1) the claim for injunctive relief, (2) general damages, (3) attorney's fees and costs, (4) punitive d...

Excerpt: ...ve 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 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. To limit the spread of the COVID‐19 virus, the court ...

Excerpt: ... constituted outrageous conduct. Assuming that premise to be true, Defendant ECP LP is not alleged to be a party responsible for the wrongful foreclosure, but is alleged to be the purchaser of the property at the foreclosure sale. Thus, as alleged, the facts stated in the Second Amended Complaint do not allege outrageous conduct by Defendant ECP LP and therefore fail to state a cause of action for intentional infliction of emotional distress agai...

Excerpt: ...alify as an accord and satisfaction. The outcome of this dispute is of considerable importance to both parties because if a policy limits offer was accepted on behalf of Defendants, Plaintiff is potentially liable for attorney's fees and costs incurred after the time of acceptance. If the policy limits offer was rejected, Defendant's insurer is potentially liable for the full amount of any judgment imposed on Defendants without regard to policy l...

Excerpt: ...an agency employing Defendants Jason Enger and Patrice Lorenzo‐Bostrom to an agency employing Defendant and moving party Sandra Genova concerning Plaintiff's fitness as a foster care provider. Defendant Sandra Genova has established a prima facie case that Plaintiff's claims are subject to CCP § 425.16 because it demonstrates that the communications were exercise of free speech in connection with a matter of public interest in that the fitness...

Excerpt: ...owever on April 12, 2021, after the instant motion as filed, Plaintiff dismissed Defendant Pioneer Elementary School District, thereby rendering that portion of these Motions moot), filed January 27, 2021, initially set for hearing on April 14, 2021, and continued to October 7, 2021 by the 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�...

Excerpt: ... and sharply focused examination of title. To establish that he is a proper plaintiff, one who has purchased property at a trustee's sale and seeks to evict the occupant in possession must show that he acquired the property at a regularly conducted sale and thereafter “duly perfected” his title. (s 1161a, subd. 3.) Thus, we have declared that “to this limited extent, as provided by the statute, . . . title may be litigated in such a proceed...

Excerpt: ...of settlement, preliminarily approves class counsel's attorney's fees as $157,500 and reasonable costs not to exceed $20,000, preliminarily approves payment of an enhancement award of $5,000 to the class representative, preliminarily approves allocation of $30,000 as the PAGA Settlement payment of which 75% will be paid to CLWA and 25% to class members, preliminarily approves settlement administration services to be provided by CPT Group. Inc. fo...

Excerpt: ...tiff's 60‐DayNotice to Quit demanded that Defendant return possession of the subject premises by July 3, 2021, that Defendant remained in possession of the subject premises after July 3, 2021, and that Plaintiff waived the 60‐Day Notice to Quit by accepting monthly rent on July 3, 2021, August 3, 2021, and September 3, 2021. While copies of checks and correspondence between Plaintiff and Defendant are attached as exhibits to the Motion for Su...

Excerpt: ...29, 2020, that an employee found the Dependent Adult on the street but failed to take protective action, with the result that the Dependent Adult continued to walk into a canal area, fell into a canal and drowned. These allegations are assumed to be true for purposes of the instant demurrer. Accordingly, the demurrer is OVERRULED. Motion to Strike Portions of Plaintiffs' First Amended Complaint Defendant's motion to strike portions of plaintiffs'...

Excerpt: ...l Interrogatories, Set One, numbers 1‐3, 5‐7, 9‐10, 12, 14, 17, and 20‐21 by September 30, 2021. Defendant's request for monetary sanctions pursuant to CCP §§ 2023.010‐2023.040, 2023.030(a), and 2030.290(c) against Plaintiff and her attorney is GRANTED. Plaintiff and/or their attorney is ordered to pay $2,205.00 in monetary sanctions by September 30, 2021. The Court will not sign the proposed order lodged with the court on August 13, ...

Excerpt: ...t the lessee of a different co‐owner. (Zaslow v. Kroenert (1946) 29 Cal.2d 541, 548; Verdier v. Verdier (1957) 152 Cal.App. 348, 352; Lee Chuck v. Quan WoChong & Co. (1891) 91 Cal. 593, 597.) Plaintiff's Complaint concedes that the lease agreement that is the subject of this unlawful detainer action was between Defendant and an alleged “unauthorized family member” and that neither Plaintiff nor her successor interest are parties to the leas...

Excerpt: ...l 7, 2020 through the date of his death on June 12, 2020 and that during that period he developed sepis, multiple stage three and two pressure ulcers, a UTI, an acute kidney injury, and malnutrition. (See Complaint ¶¶ 9‐33.) The Complaint alleges a First Cause of Action for Violation of Patients' Rights pursuant to 22 Cal Code Regs § 72527(a), a Second Cause of Action for Negligence/Wrongful Death, a Third Cause of Action for Willful Miscond...

Excerpt: ...l 7, 2020 through the date of his death on June 12, 2020 and that during that period he developed sepis, multiple stage three and two pressure ulcers, a UTI, an acute kidney injury, and malnutrition. (See Complaint ¶¶ 9‐33.) The Complaint alleges a First Cause of Action for Violation of Patients' Rights pursuant to 22 Cal Code Regs § 72527(a), a Second Cause of Action for Negligence/Wrongful Death, a Third Cause of Action for Willful Miscond...

Excerpt: ...ding Judge. The Motion to Compel Deposition of Defendant's Person or Persons Most Knowledgeable re Categories 15, 21 and 22 and Request for Monetary Sanctions pursuant to CCP § 2023.030(b) is GRANTED and Defendant's objections are OVERRULED. While the ultimate question of whether Defendant's 6th, 9th, 11th, 18th, 20th , 22nd, and 24th Affirmative Defenses are meritorious may constitute a legal conclusion, all facts to be offered at trial in conn...

Excerpt: ...Products LLC offer significant evidence that Defendant Kleinfelder, Inc. was negligent in the performance of the inspection duties that Merced Union High School District hired it to perform, Defendants Custom Building Products, Inc. and Custom Building Products LLC offer not evidence or argument as to why such negligence fails to satisfy the Tech‐Bilt factors given the agreement that Defendant Kleinfelder, Inc. would not be liable for any porti...

Excerpt: ...y strong smell of raw marijuana, and that the size and use of that type of duffle bag was inconsistent with lawful conduct. Probable cause was bolstered by the unusually nervous and furtive behavior of the defendant. Accordingly, the motion to suppress is DENIED. ...

Excerpt: ...DENIED WITHOUT PREJUDICE. Defendant is ordered to contact witness Rosalba Sanchez and consult with the witness and, if necessary, her doctors to ascertain the circumstances and time under which a deposition might not place an undue burden on her health. One issue may be the time by which she expects to have sufficiently recovered from COVID so as not to present a risk of infection to others, and by which she would be capable of answering question...

Excerpt: ...�] as asserted without authority in the Motion to Dismiss and why the District Attorney has not filed an opposition to the motion allegedly delivered to a District Attorney Court Box. The Court notes that the Request for Admission Number 2 that are the subject of the pending Motion to Compel set for hearing on September 1, 2021 would, if deemed admitted or proven at trial, appear to establish that the subject proceeds were obtained in exchange fo...

Excerpt: ...the First, Second, Third, Fourth, and Fifth Causes of Action therein on grounds of uncertainty and failure to state a claim. The Demurrer to the First, Second and Third Causes of Action on the grounds of uncertainty and failure to state a claim are OVERRULED. The Demurrers to the Fourth and Fifth Causes of Action for Fraud and Negligent Misrepresentation are SUSTAINED WIITHOUT LEAVE TO AMEND. Plaintiff has failed to allege fraud with particularit...