Excerpt: ...ted Berry's November 7, 2018 governmental tort claim (exhibit B) are the proper subject of judicial notice. Plus, defendant is asking the Court to take judicial notice of the facts contained within the exhibits, which the Court cannot do. As to exhibit B, there is no indication this was Berry's governmental tort claim. Defendant's demurrer to each cause of action on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly const...

Excerpt: ...rein. The Court takes judicial notice of the rejection of the Government Claim of Jonathan Chisham, attached as Exhibit B to the RJN. The Court takes judicial notice of the unverified complaint filed in the present matter, but not for the truth of the matters asserted therein. The notice of hearing on demurrer does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendant's counsel is directed to contact P...

Excerpt: ...hich he filed on October 3, 2019. The Court set the current hearing to review the plan. The Court noted the expedited schedule was due to the fact the winter rains are approaching and plaintiffs' access to their property is in serious jeopardy, and the parties had an opportunity to hammer out a plan before a prior continuance. The Court deferred ruling on the bond issue until the costs of any plan were known. Webb offers a two‐step plan based o...

Excerpt: ...e causes of action against Doe defendants, named defendant Balloons Above the Valley, Ltd., a California limited liability company (BAV), and named defendant Scott Carroll. These causes of action arise out of allegations that Plaintiff Sylvia Seconi was injured in an accident involving a hot air balloon owned and operated by BAV and piloted by Carroll. On June 20, 2019, Plaintiff substituted Defendant Bob Barbarick for Doe 1. Barbarick demurs to ...

Excerpt: ...counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Capital One's counsel is unable to contact Cross‐Complainant's counsel prior to the hearing, Capital One's counsel shall be available at the hearing, in person or by telephone, in the event Cross Complainant's counsel appears without following the procedures set forth in Local Rule 2.9. Capital One demurrers to the Cross‐Complaint on the ground that the single cause of a...

Excerpt: ...he notice period. (Code Civ. Proc. § 1010.6, subd. (a)(4)(B).) By the Court's calculation, July 16, 2019 was the last day for service, by electronic mail, of a motion for summary judgment set for hearing on October 1, 2019. Service of the present motion was made July 18, 2019. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2...

Excerpt: ...tion Proposal (2008 Proposal) as required under Labor Code section 3864. NGI further presents evidence that the indemnification provision was not included in any of the service reports, work orders, or invoice documents. Thus, according to NGI, there was no agreement to indemnify cross‐ complainant Konecranes, Inc. (Konecranes). Konecranes, however, submits evidence that the 2008 Proposal included Konecranes' terms and conditions, which contain...