Excerpt: ...l Estate 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 eq...

Excerpt: ... 709, 715. Here, counsel has stated that he needs to depose two of the cross-defendants as well as one witness. These are essential and extra time is needed due to counsel�s prior trial schedule as well as the limitation relating to the pandemic. In addition, a critical deposition is set for 9/25/20. Therefore, the requested continuance is granted. Any opposition and supporting papers must be served and filed by October 9, 2020. Any reply shall...

Excerpt: ...tive record in advance. CCP section 1094.6(c) provides, �The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record.� There is no statute o...

Excerpt: ...ion, irrespective of whether leave to amend is requested or not.� McDonald v. Superior Court (1986) 180 Cal.App.3d 297, 303-304; City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 747 Therefore, leave to amend is granted. Plaintiff shall file and serve an amended complaint by September 24, 2020. Defendant�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein for all five matters and complies with Cal...

Excerpt: ...5) 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 of the parties, c...

Excerpt: ...ion, the court notes that CCP section 473 requires a copy of the proposed pleading to be filed with the motion. No such proposed pleading is attached. Plaintiff�s Motion for Judgment on the Pleadings is granted with leave to amend. The original Answer and the First Amended Answer do not set forth any valid legal defenses to a cause of action for ejectment. �Where a demurrer is sustained or a motion for judgment on the pleadings is granted as ...

Excerpt: ...in part. � �[Code of Civil Procedure section 664.6] created a summary, expedited procedure to enforce settlement agreements when certain requirements that decrease the likelihood of misunderstandings are met.� � Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1429. When enforcing a settlement agreement under section 664.6, the court has the authority to resolve factual disputes relating to the agreement, to interpret the terms of the ...

Excerpt: ...t. Telephonic appearances are required to address Ms. Mueller�s request to appoint a private professional trustee. The court wishes to discuss options: whether Thomas Mueller is willing to continue to act; if Ms. Mueller and Ms. Zahnleuter can put aside their differences to act as co-trustees; or if there are other available trustees, either professional or trustworthy lay persons, who can administer the Trust as provided in the Second Amendmen...

Excerpt: ...lacks personal knowledge); 12 (lacks personal knowledge); 13 (hearsay); 14 (hearsay); 15 (hearsay); 16 (hearsay); 20 (lacks personal knowledge); 26 (requires expert); 40 (requires expert); 48 (requires expert); 49-52 (subsequent remedial measures); 53 (legal conclusion); 54 (hearsay). The remaining objections are overruled. Plaintiff�s Objections to Evidence filed July 23, 2020, are overruled in their entirety. Standard of Review The function o...

Excerpt: ... summary judgment were originally set for hearing on April 17, 2020. Plaintiff�s oppositions were due on April 3, 2020. Although the motions were continued by the court due to the pandemic, the time for filing an opposition was not extended. The present applications were filed over ten weeks after the oppositions were due. Secondly, Plaintiff argues that she needs responses to her discovery requests. However, her discovery motions were denied o...

Excerpt: ...er or not the river creates a land-locked environment is also a factual question to be determined at trial. Accordingly, the demurrer is overruled. Defendants Jimenez, Ruiz, Dismukes Family Trust, Peck Trust, Digiordano Family Trust, and Ward�s Demurrer to the Second Amended Complaint is overruled in part and sustained with leave to amend in part. As to the arguments relating to innocence and the lack of an actual controversy, the demurrer is o...

Excerpt: ...at issue requires that appointment and submission of the dispute to a neutral third party is required. However, Cross- Complainants have failed to allege completion or excuse relating to this requirement. While it is correct that the cross- complaint states �The Herrlingers performed all of their duties under the contract,� the Request for Judicial Notice demonstrates that this Court�s prior ruling addressed the failure of the condition pre...

Excerpt: ...c fee for comparable legal services in the community; it may be adjusted by the court based on factors including, as relevant herein, (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award�.� Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, ...

Excerpt: ... Amend Complaint is granted. �The complaint limits the issues to be addressed at the motion for summary judgment. The rationale is clear: It is the allegations in the complaint to which the summary judgment motion must respond.� Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258. �Upon a motion for summary judgment, amendments to the pleadings are readily allowed.� Id., citing Kirby v. Albert D. Seeno Construction Co. (1992) 1...

Excerpt: ...] the party with a net monetary recovery, [ii.] a defendant in whose favor a dismissal is entered, [iii.] a defendant where neither plaintiff nor defendant obtains any relief, and [iv.] a defendant as against those plaintiffs who do not recover any relief against that defendant. When any party recovers other than monetary relief and in situations other than as specified, the �prevailing party� shall be as determined by the court, and under th...

Excerpt: ...aise at his administrative hearing in which to reserve for a civil lawsuit, if all speak to the same issue-- which in this case was the wrongfulness of the discharge..� Basurto v. Imperial Irrigation Dist. (2012) 211 Cal.App.4th 866, 889. These claims challenge the termination process itself. Therefore, they must be addressed in a mandamus action. As the first cause of action, the demurrer is overruled. The claim does not challenge the terminat...

Excerpt: ...nied. �If [Plaintiff] wished to rely upon unpleaded theories to defeat summary judgment, he was required to move to amend the complaint prior to the hearing on [Defendant�s] motion.� Leibert v. Transworld Systems (1995) 32 Cal.App.4th 1693, 1699, citing Folsom Associates v. Prometheus Development Co. (1990) 223 Cal.App.3d 1, 18. Here, Plaintiffs were on notice that their complaints were insufficiently pled for a cause of action under Govern...

Excerpt: ...i & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2012) �7:292. A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App. 4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064. In considering a motion for judgment on the pleadings, court...

Excerpt: ...whom the statement was made or who overheard the statement. Without these more particular facts, the court cannot determine the statements were made in the course of employment or the defendant ratified the conduct so that defendant Caltrans would be vicariously liable. Any amended complaint must be served and filed by August 3, 2020. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and comp...

Excerpt: ...caption of the motion is hereby stricken. Second, the motion is untimely. CCP section 1008 requires a motion for reconsideration to be filed within 10 days. Here, the order was entered into and notice of such order was given on January 31. The present motion was not filed until February 27. Thus, it was not timely filed. Third, on the merits, "[a] motion for reconsideration may only be brought if the party moving for reconsideration can offer 'ne...

Excerpt: ...t (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 of the part...

Excerpt: ... speech). If such a showing has been made, the court then determines whether plaintiff has demonstrated a probability of prevailing on the claim. Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66. In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. CCP � 425.16(b)(2). Only evidence admissible at trial m...

Excerpt: ...ions for summary judgment, courts must apply a three-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 ...

Excerpt: ...fourth causes of action against Defendant Nye Petros, but denied as to Defendant Kacey Petros. Defendants Petros� Motion for Summary Judgment is denied. The alternative motion for summary adjudication is likewise denied. Defendant Fraser�s Motion for Summary Judgment is denied. The motion for summary adjudication is likewise denied. Requests for Judicial Notice Plaintiff�s Request for Judicial Notice filed on November 7, 2019, is granted in...

Excerpt: ... speech). If such a showing has been made, the court then determines whether plaintiff has demonstrated a probability of prevailing on the claim. Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66. In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. CCP � 425.16(b)(2). Only evidence admissible at trial m...