Excerpt: ...ng of proper service). Defendant's present motion to quash service of the summons and complaint is construed as a motion for reconsideration as it articulates potentially new grounds to quash the summons and complaint. That motion must be denied. Code of Civil Procedure Sectio n 1008, subdivision (a) states that a party may “within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts...

Excerpt: ...dgment as follows: (a)(1) A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. * * * (c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc. § 437c.) “The p...

Excerpt: ...421, 1430 –1432.) When ruling on a section 664.6 motion, the trial court acts as a trier of fact. ( F i o r e .v ¡ .A l v o r d (1985) 182 Cal.App.3d 561, 565.) Because the section 664.6 procedure is essentially a mini -trial on the enforceability of the settlement agreement, the court deciding such a motion may receive oral testimony, or may determine the motion upon declarations and other evidence. (Corkland. v¡. Boscoe (1984) 156 Cal.App.3...

Excerpt: ...� Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. Accord McKenney v. Pur epac Pharmaceutical Co. (2008) 162 Cal.App.4th 72, 79. Contrary to defendants' assertions, the Second Amended Complaint adequately sets forth a cause of action, is not uncertain and is verified. In addition, the Court does not agree Paul Law Property Management is an indispensable party to this a c t io n s o le ly d ue to the fact this entity is listed as one of two landlord...

Excerpt: ...-high dark colored object against a dark -colored floor, with nothing at eye level to warn pedestrians of the tripping hazard and nothing to stop people from running into it. Unlike the transitory, “o n e -off” hazard in W illh id e-Michiulis v. Mammoth Mountain Ski Area, LLC (2018) 25 Cal.App.5th 344, cited by defendant, this was a permanent, stationary, and ongoing hazard that any employee or supervisor could see —and ameliorate --at any ...

Excerpt: ... Alderson declaration for purposes of this motion. The court sustains plaintiff's June 7, 2024 objections to MMSP/ Alderson's request for judicial not ic e . Alderson/ WMPD first argue that they were exempt from service of process during Alderson's court appearance in California due to the application of the “Im m u n it y Ru le .” The court disagrees. Th e Immunity Rule no longer applies under current law. See Severn v. Adidas Sportschuhfabr...

Excerpt: ...g an interest in the property after the action was filed will be bound by the judgment.” BGJ As so c s., LLC v. Su p e rio r Co u rt (1999) 75 Cal.App.4th 952, 966. “Once a lis pendens is filed, it clouds the title and effectively prevents the property's transfer until the litigation is resolved or the lis pendens is expunged.” Id . at 967; see a lso Urez Corp. v. Superior Court (1987) 190 Ca l.Ap p .3 d 1 1 4 1 . A court shall order that t...

Excerpt: ...Dist rict (2022) 80 Cal.App.5th 391: A claim for personal injury against a public entity, such as Simms's medical malpractice claim, generally must be presented to the public entity “not later than six months after the accrual of the cause of action.” ([Government Code] § 911.2, s u b d . (a ). ) … “ ‘[F]ailure to timely present a claim for money or damages to a public entity bars a plaintiff from filing a lawsuit against that enti...

Excerpt: ...t as Capital (the “trustee sale bidders”). In case CL0001025, Sierra Asset Investors seeks to evict defendant Jones from the Christie Lane property. As a preliminary matter, plaintiff Jones erroneously filed his motion to consolidate in the unlawful detainer case. Notice should have been given to all parties in both cases, but the motion itself should have been filed in the instant case, which was the f ir s t in t im e a n d is t h e lo w -n...

Excerpt: ... that defense, that is, plaintiff must submit evidence that would allow a reasonable trier of fact to find in p la in t if f 's f a v o r o n t h e s t a t u t e o f lim it a t io n s is s u e . See Genisman v. Carley (2018) 29 Cal.App.5th 45, 49. Second Cause of Action for Breach of the Confidential Agreement against Defendants Smith and GVD, Third Cause of Action For Breach of the Construction Agreement against Defendant GVD and Third Cause of ...

Excerpt: ...178 Cal.App.4th 1020, 1034. “It has been consistently held that ‘ “a plaintiff is required only to set forth the essential facts o f h is c a s e w it h r e a s o n a b le p r e c is io n a n d w it h p a r t ic u la r it y s u f f ic ie n t t o a c q u a in t a defendant with the nature, sourc e and extent of his cause of action” ' ” Doheny Pa rk Terra ce Homeowners Assn. Inc. v. Truck Ins. Excha nge (2005) 132 Cal.App.4th 1076, 1099, ...

Excerpt: ...ion. “To obtain a preliminary injunction, a plaintiff ordinarily is required to present evidence of the irreparable injury or interim harm that it will suffer if an injunction is not issued pending an adjudication of the merits. [¶] ... [A]s a general matter, the question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative b...

Excerpt: ...ent to support a claim for punitive damages. Plaintiff indicates that punitive damages are not sought in connection with the negligence claim. Moreover, punitive damages are not available as a matter of law in connection with a claim for breach of the covenant of good faith and fair dealing. Se e Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1054 (“ ‘[W]ith the exception of bad faith insurance cases, a breach ...

Excerpt: ...t agrees with defendant that defendant's residence address was not “unknown” to plaintiff, since the return mail label that plaintiff's counsel points to indicates “no mail receptacle” rather than “no such person at this address.” Thus, it only establishes the lack of a mailbox, and that defendant does not receive mail at the Christie Lane address. However, plaintiff diligently attempted service at the Christie Lane address six times ...

Excerpt: ... had no “notice, actual or constructive” - vague and ambiguous, lack of foundation, improper conclusion), objection no. 5 (Th e f ir s t four sentences subject to objection starting with “In 2019, I was approached by David Pettis … in Grass Valley, California,” and ending with “In exchange, any funds … toward purchase of these properties.” - hearsay), objection no. 7 (hearsay, lack of foundation). All other objections are overrule...

Excerpt: ...urden of demonstrating that the exercise of jurisdiction would be unreasonable.” Snowney v. Harrah's Entertainment, Inc. (2005) 35 Cal.4th 1054, 1062 (quotations omitted). “Generally speaking, a civil court gains jurisdiction over a person through one of four methods. There is the old -fashioned method —residence or presence within the state's territorial boundaries. There is minimum contacts —activities conducted or effects ge ne...

Excerpt: ...be d by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 60 days within which to make a motion to vacate or modify the renewal. (b) Until proof of service is filed pursuant to subdivision (a), no writ may be issued, nor may any enforcement proceedings be commenced to enforce the judgment, except to the extent that the judgment would be enforceable had it not been renewed. “[T]here is no specified time perio...

Excerpt: ..., as it stands, unconnected with extraneous matters, states a cause of action.'” Hahn v. M ir d a (2007) 147 Cal.App.4th 740, 747. Ac c o r d McKenney v. Purepac Pharmaceutical Co. (2008) 162 Cal.App.4th 72, 79. As to the first cause of action, the complaint is sufficiently clear to allow the defendant to answer. “[A] plaintiff need not plead facts with specificity where the facts are within the knowledge and control of the defendant and ...

Excerpt: ...rge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.” Ib id . “[I]n order to establish a prima facie case of retaliation under the FEHA, a plaintiff must show (1) he or she engaged in a “protected activity,” (2) the employer subjected the employee to an adverse em...

Excerpt: ...f 's complaint lacks any information about dates or frequency of incidents and accusations that would allow the court to evaluate the totality of the circumstance s. Further, defend ant's accusations of a wide -ranging and successful criminal enterprise masterminded by plaintiff would appear to be inconsistent w it h a g e d is c r im in a t io n . Fif t h Ca u s e o f Ac t io n : ove rrule d. The litany of crimes defendant accuses p la in t if f...

Excerpt: ...at issue in t h e c iv il a c t io n ; (2 ) t h e p la in t if f 's s ig n if ic a n t in t e r e s t in p r o c e e d in g e xp e d it io u s ly with the civil action, and the potential prejudice the plaintiff could suffer with respect to t he loss of evidence or fading of recollections by the passage of time; (3) the moderate burden imposed by the civil action on the defendant who will need, with the assistance of counsel, to make thoughtful de...

Excerpt: ...r their quasi -marital interest in property may not be commenced or maintained under this title [10.5].” Resolution of this issue require s the court to consider whether it will recognize the decree of divorce of the parties by the Dubai Court of First Instance in the United Arab Emirates (“UAE”). The United States is not a party to the Hague Convention on the Recognition of Divorces and Legal Separations, done at the Hague, June 1, 1970 (9...

Excerpt: ...nt, courts must apply a three -step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether the moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. ( Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182 -83; McGa rry v. Sa x (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oaksha...

Excerpt: ...mortgagor or trustor and who is potentially eligible for any fe de ral, st at e , or proprie t ary fore closure pre ve nt ion alt e rnat ive program offered by, or through, his o r he r mort gage se rvice r.” (Civil Code § 2920.5(c)(1).) As Plaintiff has alleged only that his parents were the borrowers, and the HBOR does not extend protections to the Personal Representative of the Estate of a deceased borrower, he does not have standi ng. Thus...

Excerpt: ...article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. The statute is designed to protect defendants “from the annoyance of having unmeritorious claims against them unresolved for unreasonable periods of t im e . ” ( Muno z v. Cit y o f Tracy (2015) 238 Cal.App.4th 354, 359. ) “If o n ap p e al an o rd e r grant ing a ne w t rial is affirme d o r a jud gme nt is re ve rse d and ...