Excerpt: ...rt may t ake judicial notice of the fact of the document's recordation, the date it was recorded and executed, the parties to the transaction reflected in the document, and the document's legally operative language, assuming no genuine dispute on the document's authenticity. (Fontenot v. Wells Fargo Bank (2011) 198 Cal.App.4th 256, 264 -265.) Here, the Court takes judicial notice of the fact that plaintiff in this unlawful detainer action is not...

Excerpt: ...erior Court (1997) 58 Cal.App.4th 1126, 1131.) Since the parties vigorously contest the veracity of the evidence submitted in support of the motion to set aside the default judgment, discovery on jurisdictional issues is appropriate. Defendant's filing on January 24, 2017 with the California Secretary of State established that his corporate address for his corporation, Family Tree Landscape Contractors, Inc., was 1082 Arizona Drive, Merced CA 953...

Excerpt: ... Defendant correctly points out that the opening of escrow and the purchaser's good faith intent to reside in the property for at least one full year are two of the six elements the plaintiff owner must prove to be entitled to the reduced 30‐day period of notice under Section 1946.1, subdivision (d). Neither the language of the statute nor any case authority cited by defendant requires the owner to specifically allege each element of Section 19...

Excerpt: ...ed on October 27, 2017 and vacate the default judgment entered on March 20, 2019 is DENIED as untimely. A motion under section 473, subdivision (b) must be brought no more than six months after the judgment or order was made. In addition, a motion under section 473(b) must be accompanied by a copy of the answer or other responsive pleading the moving party intends to file. No proposed answer or responsive pleading was filed with the moving papers...

Excerpt: ...ased on a 60‐day notice to quit 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 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. ...

Excerpt: ...nst defendant based on termination of defendant's employment and right to occupy the premises. (See Code Civ. Proc., §§ 1161(1), 1166.) Defendant's lengthy demurrer does not identify any pleading defect that would make the complaint vulnerable to general demurrer. Defendant's special demurrer to the complaint for uncertainty is OVERRULED. (Code Civ. Proc., § 430.10, subd. (f).) The complaint alleges all the necessary facts to constitute a caus...

Excerpt: ...ce requirements under the COVID‐19 Tenant Relief Act are inapplicable and the Act does not require dismissal of this action because the notice to quit is not based on a demand to pay COVID‐19 rental debt. (See Code Civ. Proc., § 1179.03(a).) Accordingly, the demurrer to the complaint on the ground that the notice to quit is insufficient to establish a cause of action for unlawful detainer is overruled. The Court notes, however, that the comp...

Excerpt: ...cordance with Code of Civil Procedure sections 2023.030(a) and 2033.280(b), the Court imposes a monetary sanction in the amount of $355.00 against defendant Florence Manning which is due and payable to plaintiff ten days after notice of 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...

Excerpt: ...‐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 encourages remote hearings by telephone or video. Parties who contest the tentative ruling or wish to appear remotely must contact the cl...

Excerpt: ... entry of order is GRANTED. Plaintiff served defendant with notice of the order. It is undisputed defendant has not provided plaintiff with responses to the request for production of documents. (Solomon Decl., ¶ 3.) By failing to file written opposition, defendant has not provided any explanation for her willful failure to comply with the order to provide discovery and therefore the Court concludes it is unlikely a lesser sanction would be effec...

Excerpt: ... California law, parties to a commercial lease may agree to their own notice requirements for termination of the tenancy. In this case, the complaint alleges all the necessary facts to constitute a cause of action for unlawful detainer based on termination of a commercial lease. (See Code Civ. Proc., § 1166.) Defendant shall file her answer within five days of notice of entry of order. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 47...

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: ...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: ...id not require defendant to provide responses to plaintiff's requests for admissions. Further, to the extent plaintiff moves for a terminating sanction based on defendant's failure to pay the monetary sanctions ordered, the motion fails as a matter of law. Failure to pay discovery sanctions does not justify a terminating sanction. Sanctions orders are enforceable as money judgments therefore the remedy to enforce payment of monetary sanctions is ...

Excerpt: ...on of showing one or more elements of the cause of action cannot be established, or that there is a complete defense to the cause of action, and therefore the burden shifts to plaintiff to show the existence of one or more triable issues of material fact. (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff has not met his burden. As an initial matter, the Court notes that the complaint does not contain any charging allegations against Brittany Mc...

Excerpt: ...han the sixteen court days plus five calendar days required by Code of Civil Procedure section 1005, subdivision (b)), plaintiff implicitly waived defective notice by filing an opposition brief addressing the merits of the motion. The Court concludes defendant has not met his burden of proving a defense to the underlying judgment that would support vacating the renewal of judgment. (Code Civ. Proc., § 683.170, subd. (a).) A judgment debtor may c...

Excerpt: ...st 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 court. for service by mail (i.e., less than the sixteen court days plus five calendar days required by Code of Civil Procedure section 1005, subdivision ...

Excerpt: ...09) 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 court. contract, (2) plaintiff's performance or excuse for nonperformance, (3) ...

Excerpt: ...y response because he did not receive a copy of the summons and complaint until May 22, 2019. However, plaintiff filed a proof of service executed by a registered process server stating under penalty of perjury that on April 15, 2019 he served a copy of the summons and complaint on defendant at his residence by substituted service followed by mailing an additional copy of the summons and complaint to defendant. Filing a proof of service from a re...

Excerpt: ...Merced Furniture, a canceled Limited Liability Company dba Lane Home Furnishings”, as it appears that Plaintiff's counsel erred in naming this entity as a defendant herein. Furthermore, the Court exercises its discretion to allow Plaintiff to file a First Amended Complaint naming as a defendant “Merced Furniture Inc. dba Lane Home Furnishings”. The First Amended Complaint shall be filed not later than ten (10) days after notice of entry of ...

Excerpt: ...summons and never had any conversation with a delivery person.” Defendant admits finding the summons in his front yard “many days later.” Plaintiff filed a proof of service executed by a registered process server stating under penalty of perjury that he personally served defendant on February 6, 2019 at 6:48 p.m. with a copy of the summons and complaint. Filing a proof of service from a registered process server that complies with statutory...

Excerpt: .... By failing to file a written opposition, defendant has not provided any explanation for his willful failure to comply with the order to provide discovery and therefore the Court concludes it is unlikely a lesser sanction would be effective. In accordance with Code of Civil Procedure section 2023.030, subdivisions (d)(1), defendant's answer is stricken. The moving party is directed to prepare a written order consistent with the Court's ruling fo...

Excerpt: ... failing to file a written opposition, defendant has not provided any explanation for his willful failure to comply with the order to provide discovery and therefore the Court concludes it is unlikely a lesser sanction would be effective. In accordance with Code of Civil Procedure section 2023.030, subdivisions (d)(1), defendant's answer is stricken. Plaintiff shall submit a request for default and default judgment and supporting papers forthwith...

Excerpt: ..., 2018. Defendant has provided no excuse for her willful failure to comply with the court's order. Since defendant apparently has not participated in this litigation since filing her answer in June 2014, the Court concludes it is unlikely a lesser sanction would be effective. In accordance with Code of Civil Procedure section 2023.030, subdivisions (d)(1), defendant's answer is stricken. Plaintiff shall submit a request for default and default ju...

Excerpt: ...otion admits that they were served with the summons and complaint on February 13, 2019, and in response they “moved out” of the premises rather than respond to the summons and complaint. 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 as required by law and the Califo...

Excerpt: ...fy 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 CourtCall of your intent to appear does not satisfy the requirement of notifying the court. Defendant's demurrer to the complaint is OVERRULED based on insufficient notice. Unless an order sh...

Excerpt: ...).) Defendant served his demurrer on plaintiff by mail on March 25, 2019 and therefore did not provide the required minimum amount of notice. Defendant has not waived defective notice. 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...

Excerpt: ...d to Plaintiff William Emerich's attempt to file a missing persons' report related to decedent Tamara Kirby. While Defendant arguably met its burden of providing evidence showing that one or more elements of Plaintiffs' first cause of action for negligent infliction of emotional distress for negligent handling of a corpse cannot be established or that there is a complete defense to that cause of action because Defendant did not owe a legal duty t...

Excerpt: ...Court and can begin the process of transferring the case to Santa Clara County Superior Court. Plaintiff may also lodge another fee waiver application with the Superior Court clerk here in Merced County which can be considered by the Santa Clara County Superior Court upon its receipt of the transferred case. Plaintiff should consult the Civil Clerk's office with regard to instructions for how to lodge a fee waiver application here so that it may ...

Excerpt: ...The truth of any matters specified in Plaintiff's Requests for Admission, Set One, therefore are DEEMED ADMITTED. In accordance with Code of Civil Procedure sections 2023.030(a) and 2033.280(c), the Court imposes a mandatory monetary sanction against Defendant Humberto Urquizo in the amount of $260 due and payable to Plaintiff Kelstin Group, Inc., via its attorney Terry A. Duree, twenty (20) days from notice of entry of the Court's order. The pre...

Excerpt: ...poration's lack of representation by counsel is a curable defect (see CLD Constr., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1149‐50), the motion is granted with leave to file an amended answer or substitution of counsel within 20 days of notice of entry of order. If defendant, represented by an attorney, does not file an amended answer or a substitution of counsel within 20 days of notice of entry of order, plaintiff may thereafte...

Excerpt: ...ion” electronically filed on November 15, 2018 appears to be incomplete. The first page lists Exhibits A through J as attached to the document but only the first 18 pages of the document were received by the court. The 18 pages include a portion of Exhibit A but no part of Exhibits B through J. 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 o...