Excerpt: ...r's recommendations or, in the alternative, motion to correct and remedy the errors in these proceedings by instructing the Partition Referee he should recommend an allocation of water and recommend the scope of access as part of the partition proceedings is DENIED. This is an untimely motion for reconsideration not supported with any new or different facts, circumstances, or law. (Code Civ. Proc., § 1008.) The untimeliness of the motion notwith...

Excerpt: ... Ex. B, ¶ 25.) Notice of entry of judgment was filed on April 30, 2018, in defendant's favor. Because defendant is the prevailing party, the Court turns to the application of the lodestar. Courts use the lodestar method for determining the amount of attorney's fees to be awarded to the prevailing party. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131‐32.) The lodestar is arrived at by multiplying the number of hours reasonably expended by couns...

Excerpt: ...yond the loss date of February 21, 2017, when a large tree fell and damaged a guest cottage on her property. The production of documents from Airbnb after the date of loss are reasonably calculated to lead to the discovery of admissible evidence as set forth in defendant's opposition. ...

Excerpt: ...ern over text messages she received from her mother's boyfriend. Plaintiff formed the opinion the text messages were a reportable offense, and made an informal report to Child Protective Services. On 01/25/17, the student returned to plaintiff's office with further complaints of a sexual nature involving her mother's boyfriend. Plaintiff formed the opinion based on seeing the text messages and other information provided that reportable offenses w...

Excerpt: ... notably along the northern boundary. Plaintiff retained various experts to assess the condition, and ultimately caused to be constructed upon the property a retaining wall with accompanying drainage system. In early 2017, torrential rains caused a landslide at the property. Plaintiff contends that the various experts employed to advise, design and construct the retaining wall and drainage system breached their respective agreements and performed...

Excerpt: ...r judicial notice of related documents recorded in the Napa County Recorder's Office. This Court previously sustained a demurrer to these same causes of action, giving plaintiff a chance to reconsider. Pertinent Background Facts (as drawn from the pleadings and related documents) On or about 01/26/05, plaintiffs Helen and Arsenio Palle (“plaintiffs”) borrowed $439,951.00 from Bank of America, NA (“BANA”). The loan was memorialized by a pr...

Excerpt: ... with the precepts set forth in People v. Harbolt (1997) 61 Cal.App.4th 123, 126‐27 [discussing the limited purposes for which a court may take judicial notice of a court record: “Evidence Code sections 452 and 453 permit the trial court to ‘take judicial notice of the existence of judicial opinions and court documents, along with the truth of the results reached‐in the documents such as orders, statements of decision, and judgments but c...