Excerpt: ...is SUSTAINED WITHOUT LEAVE TO AMEND. Both claims are incorrectly labeled as the fifth and seventh causes of action in the amended complaint. Plaintiff notes she does not oppose the demurrer as to these two causes of action. (Id. at p. 4:28, n.1.) The remaining aspects of the demurrer as to WPM are OVERRULED as untimely. The demurrer is untimely because it was filed after expiration of the 30‐day period set forth in Code of Civil Procedure secti...

Excerpt: ...ct to any and all procedural and substantive defenses available to DSH‐Napa. The Court sets the matter for an OSC re: Status hearing on December 11, 2020, 8:30 a.m. in Dept. B. A. Procedural Background Petitioner seeks a “writ of mandate…directed to Respondent [Erik Shearer] in his official capacity with Napa Valley College, in order to redress an improper and unfair expulsion from the Psychiatric Technician Program.” (Petition at 1:19‐...

Excerpt: ... the underlying contract was illegal. The contract, however, was rescinded based on mistake of fact, not illegality. To the extent the Wesners aver the County is not entitled to attorney's fees because the agreement was rescinded, the averment lacks merit. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 870 [“[A] party is entitled to attorney fees under section 1717 ‘even when the party prevails on grounds the contract is inapplicable, invalid, unen...

Excerpt: ...the accident that currently are in storage containers in possession of the District Attorney's Office. The evidence purportedly could show whether defendant is in any way liable for the accident. According to defendants, the inspection by the auto‐reconstruction expert will only include a laser scan of the vehicles and a download of the electronic data stored in each vehicle. (Leiner Decl., ¶ 7.) The laser scan is taken by cameras set up in a ...

Excerpt: ...tober 29, 2020. Persons with authority to settle the matter are ordered to attend the Mandatory Settlement Conference. The parties may seek alternative dates by requesting oral argument pursuant to Local Rule 2.9. However, pursuant to Code of Civil Procedure section 36, subdivision f, the trial shall be set on or before January 21, 2021. Defendant and Cross‐ Complainants Rohit Patel and Mridula Patel (Defendants) move, pursuant to Code of Civil...

Excerpt: ...strict contends the first claim is an action attacking the validity of the district's sewer service charges, a portion of which charges are alleged to be used for capital improvements. The district believes such an action is subject to the 120‐day limitations period under Government Code section 66022, which period expired prior to the filing of this action on May 6, 2019. Plaintiffs Raja Development Co., Inc., Cashel, Inc. and Carter Randal Ca...

Excerpt: ..., but recognizes Roach is entitled to 25% of the value of the property. (Id., ¶¶ 9‐10.) Respondents have met their initial burden to show Vida's claim fails. (Undisputed Material Facts, Nos. 1‐8.) Decedent and Roach were business partners in a two membermanaged LLC as memorialized in the Operating Agreement for Member‐Managed BRCM, Limited Liability Company. (Id., No. 1 [Ex. A].) The agreement provides the LLC's business purpose is to “...

Excerpt: ...LED in all other respects. Petitioner shall serve and file an Amended Petition within 10 days' notice of entry of order. The Court directs the parties to appear prepared to discuss Petitioner's request, pursuant to Code of Civil Procedure section 430.41, subd. (c), for a conference between the parties prior to the filing of an additionally amended petition. (Opposition at 7:1‐5.) In addition, the Court notes that on September 11, 2020, Petition...

Excerpt: ... Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. The request is denied as to the January 23, 2020 Demand Letter from plaintiff to defendant (Exhibit A). Although a “demand” is referenced in the complaint at paragraph 40, no “Demand Letter” is referenced and there is a dispute as to the meaning of the letter, which renders its contents as not an appropriate subject of judicial notice. Plaintiff A.U.L. Corp.'s objection to defendant's reque...

Excerpt: ...he requested relief. Plaintiff fails to set forth, in the Notice of Motion, the grounds on which she brings the present motion. (See Code Civ. Proc. §1010 [“the notice of a motion, other than for a new trial, must state…the grounds upon which it will be made”]; see also Rules of Court, Rule 3.1110 [“[a] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order”];...

Excerpt: ...nt James R. Trumble moves the Court for summary judgment, or in the alternative summary adjudication of the causes of action asserted against him by the Complaint of Plaintiff Robert Alaniz.1 Through the Complaint, Plaintiff alleges that while he was delivering mail to a business owned by Defendant Regan and Sons, Inc., a dog named Juno owned by Trumble ran out of the 1 Defendant's Notice of Motion indicates that he seeks summary adjudication of ...

Excerpt: ...g grounds: (1) the limitation‐of‐liability provision (“LOL”) in the written agreements between Blackburn/Crawford and plaintiff Spring Mountain Vineyard, Inc. is enforceable; (2) Blackburn/Crawford did not commit gross negligence and, as such, the alleged gross negligence is not a proper basis for not enforcing the LOL; and (3) whether or not Blackburn/Crawford did commit gross negligence, the LOL's prohibition on the recovery of conseque...

Excerpt: ...lic entity is liable for death or injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of a motor vehicle by an employee of the public entity acting within the scope of his employment.” The undisputed facts establish that the injury in question arose from the negligent act of Mr. Duarte, a person who was not an employee of Defendant Merced County Office of Education. This shifts the burden ...

Excerpt: ...umber 30 seeks copies of the NCSD's policies, procedures, and training for use of force from 2009 to the present. (Podrobinok Decl., Ex. 1 at p. 8.) The NCSD opposes. A. Statement of Facts In 2018, Albert Wong entered a building at the Veteran's Home of California in Yountville armed with a loaded semi‐ automatic weapon and dressed in tactical gear. (Third Amended Compl., ¶¶ 59, 66‐67.) The combat veteran entered a room and allowed certain ...

Excerpt: ...Moving party/counsel is directed to contact the opposing party/ies forthwith and advise 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. A. Background Defendants John L. Miller, Oakmont Investments LLC, the Miller Alaska Trust, Tim Wall, TKW Resort Hold...

Excerpt: ... days of notice of entry of this order, sanctions in the amount of $1,810.00. Defendant and Cross‐Complainant Peter Peletta moves the Court for an order compelling Plaintiff Francis Wang to respond to Supplemental Interrogatories, Set One, and Supplemental Requests for Production, Set One, and for monetary sanctions. Through her opposition, Plaintiff acknowledges that on or about February 19, 2020, Defendant served her with Supplemental Form In...

Excerpt: ... Autovest, L.L.C. (Autovest) and Cross‐Defendant First Investors Financial Services, Inc. (First Investors) (collectively Cross‐Defendants) move the Court, pursuant to the Federal Arbitration Act, for an order compelling Defendants and CrossComplainants Garcia and Asuncion Garcia (collectively the Garcias) to arbitrate the claims asserted in this action on an individual non‐class basis. Cross‐Defendants further seek an order staying the a...

Excerpt: ...ocal Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. The Notice of Motion fails to state the specific grounds on which the motion is sought. (Code Civ. Proc. §1010; Rules of Ct., rule 3.1110, subd. (a).) The Notice of Motion states that “Plaintiff Merchant Cash and Capital, LLC…move[s] the court for an order setting aside the judgment of dismissal entered o...

Excerpt: ... p. 1:6.) The notice of motion also does not identify the statutory basis allowing a motion to modify a bond amount for a preliminary injunction to be brought. (Code Civ. Proc., § 1010; Cal. Rules of Court, rule 3.1110(a).) Assuming there is a basis, defendants argue the injunction bond was not sufficient to cover their damages. Defendants want the bond amount to require plaintiffs to provide for regular monthly payments to them. Defendants, how...

Excerpt: ...0 a.m. in Dept. B. Each party may serve and file, on or before September 9, 2020, a supplemental brief, no longer than 15 pages, addressing the issues identified herein below. Each party may, on or before September 16, 2020, submit a Supplemental Reply, no longer than 10 pages, addressing arguments raised by the other party. The Court reserves all other issues for subsequent proceedings. Petitioner seeks a “writ of mandate…directed to Respond...

Excerpt: ...rocedures 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. Defendant and Cross‐ Complainant Laura Young moves the court pursuant to Code of Civil Procedure section 2030.300 for an order compelling Plaintiff and Cross‐Defendant Martha Kongsgaard to provide further answers to certain form interrogatories on the grounds that the answers given ...

Excerpt: ...Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the theory of liability in order to fashion an appropriate response. Defendants' demurrer to the first cause of action for battery on the ground of failu...

Excerpt: ...ections 1281.2, and 1281.4, and the Federal Arbitration Act, for an order compelling BASS to submit its claims to binding arbitration and to dismiss the Cross‐Complaint pending the outcome of said arbitration. (See Notice of Motion at 2:5‐12.) A. Factual and Procedural History The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Dr. Marquez, pursuant to the terms of a written employment agreement. ...

Excerpt: ...in part. � �[Code of Civil Procedure section 664.6] created a summary, expedited procedure to enforce settlement agreements when certain requirements that decrease the likelihood of misunderstandings are met.� � Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1429. When enforcing a settlement agreement under section 664.6, the court has the authority to resolve factual disputes relating to the agreement, to interpret the terms of the ...

Excerpt: ...ant did enter into the contract, Plaintiff must allege whether the contract was oral or written and all of its material terms. As to the second cause of action for fraud, it fails similar to the first cause of action, in that no facts are set forth against Defendant Ireton. Additionally, a fraud claim must be specifically pled. The cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfi...