Excerpt: ...usly and inexpensively." (Acuna v. Gunderson Chevrolet, Inc. (1993) 19 Cal.App.4th 1467 (Acuna), 1472.) It appears from the holding in Acuna that the Court is without authority to consolidate the small claims matter, Case No. 19SC000272, with the Superior Court cases. (Id.) However, the Court shares moving Defendant's concerns regarding even the possibility that issues that are at the heart of the subject Superior Court cases may be conclusively ...

Excerpt: ...the first cause of action for breach of contract/specific performance, second cause of action for declaratory relief, and third cause of action for breach of the covenant of good faith and fair dealing in the second amended complaint on the grounds the pleading is time barred, the 2007 Asset Purchase Agreement (“2007 APA”) expired by its own terms in 2008, plaintiff BVK Gaming, Inc.'s (“BVK”) total breach of the 2007 APA absolves any furt...

Excerpt: ...86 Cal.App.4th 399, 412; (2) why the time limit to object or opt‐out is reasonable; and (3) an explanation as to why English‐ only notice is sufficient. Plaintiff may file the additional material before or at the hearing. If the information is not submitted, the matter will be continued to January 15, 2020, at 8:30 a.m. in Dept. B to allow time for the additional information to be submitted. If the material is submitted and is sufficient, the...

Excerpt: ...sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action, upon notice to such parties, apply to the court for an order discharging him from liability and dismissing him from the ac...

Excerpt: ...PS Store mailbox number that defendants apparently are using at 39506 Daisey Mountain Road, Anthem, Arizona 95086. The People request the Court order that CRC and Soscol, as limited liability companies, not be able to appear in this action without an attorney. Although the request is not properly before the Court as part of a noticed motion, the Court will restate the law on the issue to encourage the corporate defendants to promptly find new cou...

Excerpt: ...er or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. (Code Civ. Proc. § 472, subd. (a).) Similarly, a plaintiff may amend the complaint after the date for filing an opposition to the demurrer upon stipulation by the parties. (Ibid.) Defendant Specialized Loan Servicing LLC noticed a hearing on October 18, 2019, for its pending demurrer to ...

Excerpt: ...el shall appear at the hearing, in person or by CourtCall, in the event plaintiffs' counsel appears without following the procedures set forth in Local Rule 2.9. Defendants Lil' Wave Financial, Inc. dba Superior Loan Servicing (“Loan Servicing”), Mark Capalongan, Sandra Capalongan, Jimmy Hui, Jing Feng, and Hou Sang Wong's demurrer to the first cause of action for violation of Civil Code section 2924d and second cause of action for violation ...

Excerpt: ...s (September 12, 19, 24) and its absence was both unexcused and fatal to reaching a global settlement. (Id., ¶¶ 3‐5.) As a result, Venuta claims First American violated California Rules of Court, rules 2.30(b) and 3.1380(b), requiring all persons with full authority to settle the case to personally attend the conference unless excused by the court for good cause. “The court may order a person, after written notice and an opportunity to be h...

Excerpt: ...on OSC re: Dismissal, January 15, 2020, 8:30 a.m. in Dept. B. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Respondent's counsel is directed to contact Petitioner's counsel forthwith and advise Petitioner's counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Respondent's counsel is unable to contact Petitioner's counsel prior to the hearing, Respondent's cou...

Excerpt: ...tually produced; (3) remove non‐privileged communications from the privilege log and produce same; (4) conduct the required reasonable search and diligent inquiry for responsive documents; and, (5) produce electronic materials in original form.1 (Notice of Motion at 1:12‐21.) Plaintiffs served the subject requests on June 24, 2019. On July 22, 2019, Defendants filed a demurrer to several of Plaintiffs' causes of action. On July 29, 2019, Defe...

Excerpt: ...reasonably necessary to the prosecution of the litigation. (See Levy v. Toyota Motor Sales, USA, Inc. (1992) 4 Cal.App.4th 807, 816.) Defendant concedes these issues by its failure to oppose the request. Plaintiffs also request an award of $263,850 in attorneys' fees based on a lodestar calculation of $175,900, and 1.5x enhancement. The Court finds, based on the evidence presented, that the hourly rates Plaintiff used in the lodestar calculation ...

Excerpt: ...n Van Leeuwen and Frans Simon Van Leeuwen and defendant signed and accepted a section 998 offer. Defendant offered to pay $100,001 in exchange for plaintiffs, in their individual and representative capacity, dismissing and releasing their claims against defendant. Importantly, the offer and lump sum payment applied not only to plaintiffs, but to all “others similarly situated.” On this basis, and assuming without deciding that section 998 app...

Excerpt: ...ver defined portions of Cross‐Defendants' property. CrossDefendants here assert that each of these causes of action fails, as a matter of law, because Cross‐Complainants “are seeking relief through their Cross‐Complaint that would give them a prescriptive easement with exclusive use of the [subject areas of Cross‐Defendants' property].” (Support Memo. at 4:25‐26.) The party moving for summary judgment bears the burden of persuasion ...

Excerpt: ...rd.” (Carehouse Convalescent Hosp. v. Super. Ct. (2006) 143 Cal.App.4th 1558, 1562.) However, the goodcause requirement for deposing an attorney applies when the deponent is “opposing counsel” in the litigation. (Spectra‐Physics, Inc. v. Super. Ct. (1988) 198 Cal.App.3d 1487, 1494‐95.) Blonien is not opposing counsel. It is apparent, as BVK demonstrates, that Blonien wears different hats beyond providing legal advice to the defendants. ...

Excerpt: ... Hill property. The Bakers frame the question as not “‘if' the Vineyard will be redeveloped, it is ‘when' it will be redeveloped.” But there is no guarantee, as the Bakers proffer, that they will be allocated the vineyard land. The land the Bakers seek to develop is the subject of competing claims in this partition action with the Land Trust and defendants/cross‐complainants/cross‐defendants Bruno R. Solari, Giulia S. Nelken, Anthony ...

Excerpt: ...iff/cross‐defendant Nancy Ryan shall serve verified code‐compliant further responses, without objections except those based on the attorney‐client privilege and work product doctrine, and documents within 20 calendar days of service of notice of entry of order. Ryan served initial responses to the discovery requests on February 6, 2019. A party may move to compel further responses to written interrogatories if it deems that the party's resp...

Excerpt: ...broker (Samrick) and Defendant insurer (State Farm) for damages arising out of the destruction of their home by fire. The Complaint sets out causes of action for professional negligence, negligent misrepresentation, and breach of fiduciary duty. A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer test...

Excerpt: ...uth of the matters contained therein; and City of St. Helena Resolution No. 2009‐24 attached as Exhibit E to Petitioner's Request for Judicial Notice, but not for the truth of the matters contained therein. The Petition for writ of mandate is DENIED. The matter is set for OSC re: Dismissal on Thursday, May 23, 2019, 8:30 a.m., in Dept. B. A. Factual Background On November 27, 2018, the City Council of the City of St. Helena (City) adopted an or...

Excerpt: ...tion for medical battery, third cause of action for intentional misrepresentation, and fourth cause of action for violation of Business and Professions Code section 17200 on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, even where a pleading is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612,...

Excerpt: ...led for May 30, and Trial set for June 3, are vacated. This action arises out of a dispute between Plaintiffs as borrowers/mortgagors relating to residential real property, and Defendants as the purported assignees of the related promissory note and deed of trust. Plaintiffs assert four causes of action1, based on claims that the transfers and assignments of the promissory note and deed of trust – in the course of the alleged securitization of ...

Excerpt: ... medical examinations. Defendant took plaintiff's deposition in October, 2018, and apparently made extensive inquiry regarding plaintiff's injuries. Plaintiff testified during deposition that he anticipated having a second shoulder surgery. Plaintiff disclosed his expert witnesses in this matter on November 28, 2018. On December 10, 2018, plaintiff moved ex‐parte for an order continuing the trial date based on the instability of plaintiff's rig...

Excerpt: ... untimely. Ryan is correct that Code of Civil Procedure section 428.50, subdivision (a), sets out the time period for the filing of a permissive cross‐complaint: “A party shall file a cross‐complaint against any of the parties who filed the complaint or cross‐complaint against him or her before or at the same time as the answer to the complaint or cross‐complaint.” Ryan, however, fails to address subdivision (c) of the statute, which ...

Excerpt: ...ew trial date for late September or early October 2019 and any other applicable dates. The Court plans on granting the motion as prayed, with all pre‐trial deadlines to be re‐set in accord with the new trial date. Pierce seeks to close all non‐expert discovery based on purported prior agreements between the parties, and to force defendants to withdraw any pending discovery requests, including deposition subpoenas directed to Pierce's employ...

Excerpt: ...hall be available at the hearing, in person or by telephone, in the event defendants' counsel appears without following the procedures set forth in Local Rule 2.9. A. Request for Judicial Notice and Evidentiary Objections Plaintiff 3030 Airport Road, LLC's request for judicial notice is GRANTED as to Airport Sponsored Assurances of the Federal Aviation Administration (exhibit A), Napa County Lease Agreement No. 6621 (exhibit B), FAA registration ...

Excerpt: ...y sanctions for bringing the motion is DENIED. Although Alejandre filed a response, he did not oppose the motion, which means monetary sanctions are not warranted. (See Code Civ. Proc., §§ 2030.290, subd. (c) [providing that monetary sanctions are warranted against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”], 2031.300, subd (c) [same].) Weisberg's reference in the memorandum of points and au...