Excerpt: ...f Civil Procedure § 382 has two minimum requirements to sustain a class action: (1) an “ascertainable” class; and (2) a well‐defined “community of interest” in questions of law and fact. (Dunk, supra, 48 Cal.App.4th at 1806; see also Sav‐On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319, 326.) As to the first element, for a class to be “ascertainable,” it must be sufficiently numerous such that it would be impractical ...

Excerpt: ...) for monetary sanctions in the amount of $3,410.00 to be split evenly between Mr. Mann and Ms. Thandi. Contempt Orders: In reviewing Plaintiff's request for contempt orders the Court is guided by Code of Civil Procedure section 1209 et seq. Plaintiff bases his present request on Mr. Mann's and Ms. Thandi's failure to comply with this Court's discovery ordered dated May 20, 2022 (the “Discovery Order”). Such is properly designated an allegati...

Excerpt: ...request for admissions admitted is denied; his related motion for monetary sanctions is, however, granted with modification as discussed more fully below. As to Plaintiff's motion to compel responses to the form interrogatories, the Court notes that as of the posting of this tentative, it has not received any notification that compliant responses have been served by Defendant. Plaintiff's motion to compel is granted and Defendant is ordered withi...

Excerpt: ...the above‐referenced motions. The Court further notes that Plaintiff is self‐represented, his counsel having been relieved by order of the Court on or about February 18, 2022. Defendants have made the requisite showings that discovery requests were timely propounded, the time for response has elapsed, and no answers, documents, requests for extensions, or other responses have been received. All of Defendants' motions are thus granted. Monetar...

Excerpt: ...easons for the same at the hearing. (See Stern v. Superior Court (2003) 105 Cal.App.4th 223.) The parties dispute the validity of the original loan, performance of the original loan, as well as title to the property pledged as security. The interests of justice would be best served by resolving all of these issues on the merits. (See e.g., Thatcher v. Lucky Stores, Inc. (2000) 79 Cal.App.4th 1081, 1085 [recognizing the “strong policy against di...

Excerpt: ...equest for an order directing Plaintiff to immediately pay him $21,000.00 in connection with his unrelated decedent estate matter is denied as it is in excess of the Court's jurisdiction in an unlawful detainer matter. The Court also notes its concerns as to whether the summary nature of unlawful detainer proceedings would allow for damages based on theft of personal property. (See Ca. Code of Civil Procedure § 1174.) The Court has jurisdiction ...

Excerpt: ...�), Nyaco, and Summit Restaurant and Bar (“Summit”); and (2) Defendant Summit's motion for joinder in the same. For the reasons stated below, Sugar Bowl's motion for summary judgment is granted as to Plaintiff's operative complaint as well as all of the derivative cross‐complaints against it. Plaintiff's evidentiary objections are overruled in part and sustained in part. Summit's motion for joinder is denied. (1) Background This cases arise...

Excerpt: ...ain by calculation[.]” And, further, they do not dispute the date of breach or the applicable rate of interest (10%) as contained in Section 3289. Defendant's sole contention in their opposition is that accretion of pre‐ judgment interest should effectively be tolled for a fourteen and one‐half month period, between February 1, 2021, when trial was set and April 19, 2022, when jury trial commenced, due to trial delays attributable to the CO...

Excerpt: ...hreshold matter, Plaintiff claims in his opposition that the public interest exception is applicable to the present case. The Court is not persuaded. To briefly restate the doctrine, Anti‐SLAPP protections are not available for cases involving: (1) enforcement actions brought in the name of the People of the State of California; (2) actions brought solely in the public interest or on behalf of the general public; and (3) actions involving comme...

Excerpt: ...nts to a pleading. Kittredge Sports Co. v. Sup. Ct. (1989) 213 Cal. App. 3d 1045, 1047; “‘“[I]t is irrelevant that new legal theories are introduced as long as the proposed amendments 'relate to the same general set of facts….”'” Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 761. Here, although the trial is set in eight weeks, there is no prejudice to Defendant, as discovery has not yet closed. In addition, the Court finds that ...

Excerpt: ...art. It is granted as to Paragraphs 20 and 21, Exhibit ‘B,' and the map contained on Page 5, Lines 1‐17 of the FAC. Said portions of the FAC are hereby stricken. The balance of the motion to strike is denied. Plaintiffs are granted leave to amend. The second amended complaint must be filed no later than June 27, 2022. McClain's Demurrer: As presently plead, the FAC seeks an easement for public use over private lands in contravention of Ca. Ci...

Excerpt: ...defendant's motion for attorney's fees and costs....'” Wong v. Tai Jing (2010) 189 Cal.App.4th 1354, 1365. Here, the Court finds the anti‐slapp motion to strike to be meritorious. Defendants have made a prima facie showing that defendants' acts fall within the scope of the statute. Each of plaintiff's causes of action arises from actions made in or made in connection with prior litigation. As such, as to each cause of action, the required pri...

Excerpt: ...etc. Trust (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) §§7.22‐7.34, 7.63‐7.66. “‘The granting or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the court, balancing the respective equities ...

Excerpt: ...��step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether 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; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oakshade Town Center (2005) 135 Cal. App. 4th...

Excerpt: ...ompanionship and society. This cause of action extends to protect children from unwarranted state interference with the relationships with their parents. But, courts have declined to extend such protection in the absence of a permanent, physical loss of association of an immediate family member as a result of unlawful state action. Benitez v. Gresham‐Barlow School Dist. 2012 WL3878419. Here, Plaintiff does not allege a permanent loss of parenta...

Excerpt: ... of Action for Prescriptive Easement: As to Truckee's demurrer to the Cross‐Complaint's first cause of action, it articulates three bases for its demurrer: (1) failure to state a cause of action on which relief can be granted; (2) as to the Entity Defendants only, that they lack legal capacity to sue; and (3) for uncertainty. With respect to the claim that there is a failure to state a cause of action on which relief can be granted against Plai...

Excerpt: ...87, the HOA is suing the roofing company for various causes of action, including negligence, breach of warranty and indemnity. After examining both complaints and the present cross‐complaint, this court cannot determine as a matter of law on the face of the pleadings that the roofing repairs contracted for in case 85687 included repairs to the roof in Plaintiff Volz's unit in case 85883. As this court cannot determine by examining the pleadings...

Excerpt: ... engage in a two‐step process. First, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity (i.e., that the acts of which plaintiff complains were taken in furtherance of defendant's right of petition or free speech). If such a showing has been made, the court then determines whether plaintiff has demonstrated a probability of prevailing on the claim. Equilon ...

Excerpt: ... Stone's banking records, which are private records, are not directly relevant to any cause of action or defense. Simply determining that decedent withdrew or transferred funds will not show where, when, what kind, or how much illicit drugs were purchased. Furthermore, there are less intrusive means to discover the nature and extent of decedent's drug usage. Plaintiffs may depose the “known drugs users” with whom decedent had frequent contact...

Excerpt: ...etc. Trust (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) §§7.22‐7.34, 7.63‐7.66. “‘The granting or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the court, balancing the respective equities ...

Excerpt: ...ompanionship and society. This cause of action extends to protect children from unwarranted state interference with the relationships with their parents. But, courts have declined to extend such protection in the absence of a permanent, physical loss of association of an immediate family member as a result of unlawful state action. Benitez v. Gresham‐Barlow School Dist. 2012 WL3878419. Here, Plaintiff does not allege a permanent loss of parenta...

Excerpt: ... engage in a two‐step process. First, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity (i.e., that the acts of which plaintiff complains were taken in furtherance of defendant's right of petition or free speech). If such a showing has been made, the court then determines whether plaintiff has demonstrated a probability of prevailing on the claim. Equilon ...

Excerpt: ...��step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether 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; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oakshade Town Center (2005) 135 Cal. App. 4th...

Excerpt: ...��step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether 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; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oakshade Town Center (2005) 135 Cal. App. 4th...

Excerpt: ...r lost profits due to a deprivation of his fair share. See Jara v. Suprema Meats (2004) 121 Cal.App.4th 1238, 1258. Further, a demurrer is improper to challenge the sufficiency of an attorney. Moreover, Gonsalves is allowed to appear both individually and derivatively. Lastely, paragraph 30 alleges that Engberg himself, not just PPSC, used WR Associates' supplies. As to the second cause of action for declaratory relief, the cross‐complaint suff...