Excerpt: ...mmons on OSU and dismissing the action, on the grounds that the Court lacks personal jurisdiction over OSU, or, in the alternative, dismissing the action on the grounds of forum non conveniens. Factual and Procedural Background Through the complaint, Plaintiff contends that OSU breached the covenant of good faith and fair dealing implicit in their contractual relationship. That relationship is memorialized in a series of three successive contract...

Excerpt: ...uant to Code of Civil Procedure section 430.10, to the FAC on two grounds: (1) that Plaintiff fails to allege facts sufficient to establish that the subject roadway constituted a dangerous condition of public property; and (2) the City is immune from liability pursuant to Government Code sections 830.4 and 830.8. A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated...

Excerpt: ...d deputy Steve Lombardi filed a consolidated demurrer to the third amended complaints in Golick and Loeber. Plaintiffs Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), and plaintiffs Donald Loeber and Marie Loeber each filed separate oppositions to the consolidated demurrer. In its October 21, 2019 Order sustaining the demurrer to the first amended complaint with leave to amend, the Court ruled “[t]he county def...

Excerpt: ...t), and deputy Steve Lombardi filed a consolidated demurrer to the third amended complaints in Golick and Loeber. Plaintiffs Marc Golick and Makena Golick (by and through her guardian ad litem Marc Golick), and plaintiffs Donald Loeber and Marie Loeber each filed separate oppositions to the consolidated demurrer. In its October 21, 2019 Order sustaining the demurrer to the first amended complaint with leave to amend, the Court ruled “[t]he coun...

Excerpt: ... require bifurcating the issues raised by the TAPC and setting an evidentiary hearing on the foregoing causes of action. Through that Minute Order, the Court invited Petitioner to submit additional briefing on the following issues: (1) whether it is appropriate to bifurcate these issues; and if so, (2) whether the parties are prepared to schedule an evidentiary hearing on these causes of action. On October 23, 2020, Petitioner filed a document en...

Excerpt: ...e date of service of notice of entry of order. The County's request for monetary sanctions for bringing the motion is DENIED. White did not oppose the motion, which means monetary sanctions are not authorized. (See Code Civ. Proc., § 2031.300, subd. (c) [providing that monetary sanctions are authorized against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) Code of Civil Procedure section 2023....

Excerpt: ... from the granting or denial of interim injunctive relief.'” (Jay Bharat Developers, Inc. v. Minidis (2008) 167 Cal.App.4th 437, 443, quoting White v. Davis (2003) 30 Cal.4th 528, 554; see IT Corp. v. Cnty. of Imperial (1983) 35 Cal.3d 63, 72.) Hernandez demonstrates a likelihood of success on the merits of his claims. The relative balance of harms also favors Hernandez as he has shown he is likely to suffer greater injury from the denial of in...

Excerpt: ...ion for general negligence and premises liability in her complaint. The premises lability cause of action also contains counts for negligence [count one], willful failure to warn [count two], and dangerous condition of property [count three]. 2 The City's only ground for summary judgment contained in the notice of motion is that Devine cannot establish liability for a dangerous condition of public property against the City. Although not specifica...

Excerpt: ...asserted against entity defendants Oakmont Investments LLC and the Miller Alaska Trust. The demurrer is sustained with 10 days' leave to amend as to the eleventh cause of action for waste. In all other respects, the demurrer is OVERRULED. A. Factual Background Defendants John L. Miller (Miller), Oakmont Investments, LLC (Oakmont) and the Miller Alaska Trust (Alaska Trust) (collectively Miller Defendants) demur to the First Amended Complaint filed...

Excerpt: ...efanie Johnson on the grounds that “the first, second, third, fourth, sixth, and seventh purported causes of action contained therein: (1) fails to state facts sufficient to constitute a cause of action against 2 Defendant and (2) is uncertain, ambiguous and unintelligible as to the Defendant.” (Notice of Demurrer at 2:1‐4.)1 Through his initial reply brief, Defendant argued that “[n]othing in Plaintiff's Opposition to Defendant's Demurre...

Excerpt: .... Since jurisdiction is statewide, the venue rules serve to narrow geographically the place for trial.” (Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2020) at § 3:450; see Cholakian & Associates v. Super. Ct. (2015) 236 Cal.App.4th 361, 373.) Defendant does not seek to transfer venue to another county in California, but to transfer the case to New York. The venue statutes, therefore, are inapplicable. Because the g...

Excerpt: ...tration is, in essence, a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d 393, 399.) On a motion to compel arbitration, supported by prima facie evidence of a written agreement to arbitrate the underlying controversy, the court must determine whether the agreement exists and, if any defense to its enforcement is raised, whether the agreement is enforceable. (Rosenthal ...

Excerpt: ...session. Plaintiff instead seeks a prescriptive easement in its first cause of action. Because defendants did not address the prescriptive easement claim in their opening papers,2 or the equitable easement claims (second and third causes of action), they have not shown there has 2 In their reply, defendants attempt to correct their oversight by raising new argument as to the prescriptive easement claim and attaching new evidence. The Court has no...

Excerpt: ...appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Delicato Vineyards moves the Court, pursuant to Code of Civil Procedure section 1281, et seq., for an order compelling arbitration of Plaintiff Sherri Tueros' Complaint and staying any further proceedings pending that arbitration on the grounds that a written arbitration agreement covers the allegations of the Complaint. A proceeding to compel a...

Excerpt: ...s Application for Preliminary Injunction, filed in this matter on October 6, 2020; c. The Opposition to Silverado Napa Holding, LLC's Application for Preliminary Injunction, filed in this matter on October 6, 2020, by Defendants Tim Wall and TKW Resort Holdings, LLC. The Clerk is further directed to file in the record of this matter, each of Exhibits A, B, and C to the [Proposed] Order Granting Amended Motion to File Records Under Seal lodged Oct...

Excerpt: ...nt dismissing this entire action with prejudice, including the whole of the document denominated “verified First Amended Complaint” (FAC) on the grounds that the FAC adds a new plaintiff, Greener Future, 2 without leave of Court, and on the further grounds that plaintiff Colton Callahan failed to file an amended complaint within the time provided by the Court through its October 8, 2020 order sustaining Defendant's demurrer to the original co...

Excerpt: ...0, subdivision (d). If Defendant files and serves supplemental papers, Plaintiff may then file and serve, no later than November 25, 2020, supplemental opposition papers. Defendant may then file and serve a supplemental reply no later than December 4, 2020. Defendant Oregon State University (OSU), appearing specially, moves the Court “for an order quashing the service of summons on OSU and dismissing the action, or alternatively, to dismiss thi...

Excerpt: ...roperty. As plaintiffs succinctly frame it: “the fact that [Webb's] hillside is unstable and could fail at any time, the fact that it failed in the past, the fact that it has moved, has caused damage, and is obstructing the shoulder of Plaintiff's [sic] driveway access, and the fact that if it continues to move it will damage, obstruct and/or destroy the only access into the property, and the fact that Plaintiffs are now confronted with a secon...

Excerpt: ... seal (Motion to File Records Under Seal) currently pending. The respective parties moving for demurrer and motion to file records under seal calendared those matters for November 20, 2020. The Court is unavailable that date. Therefore, those matters must be rescheduled. The Court anticipates that it will be efficient to calendar the matters in the following order: 1. Motion to File Records Under Seal; 2. Defendants' respective demurrers to First...

Excerpt: ...ise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. On September 8, 2020, Plaintiff filed the instant motion seeking an order compelling Defendant John Anthony Truchard to serve further responses to certain of Plaintiff's demands for production of docu...

Excerpt: ...d through Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the obligation underlying the mechanic's lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all iss...

Excerpt: ... Plaintiff's Complaint in the matter, in their entirety; and (2) all issues relating to the existence and nature of the alleged obligation underlying the lien that is the subject of Plaintiff's second cause of action, together with issues relating to the amount of that lien; and (3) the first, second, third, and fourth causes of action asserted by and through Coast's Cross‐Complaint in this matter, in their entirety; and (4) all issues relating...

Excerpt: ...ctively codifies the delayed discovery rule in connection with actions for fraud, providing that a cause of action for fraud ‘is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.'” (Brandon G. v. Gray (2003) 111 Cal.App.4th 29, 35.) Plaintiffs adequately allege delayed discovery stemming from the purported fraud. Plaintiffs purchased the new 2012 GMC Sierra 1500 on Ap...

Excerpt: ... justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proce...

Excerpt: ... (e) and (f), to the first, second, fourth and fifth causes of action asserted through the First Amended Cross‐Complaint (FACC) filed by Defendant and Cross‐Complainant JKT Associates, Inc. (JKT), on the grounds that each fails to state facts sufficient to constitute a cause of action and each is uncertain, ambiguous, and unintelligible. The Glavins' request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint file...