Excerpt: ...26, 843. In analyzing motions 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 Ca...

Excerpt: ...laint, ex parte application, declarations in support, TRO, or the Motion for Permanent Injunction. The elements generally applicable to a request for injunctive relief are as follows: (1) a balancing of the hardships (i.e., plaintiffs are likely to suffer more injury from denying of the injunction than defendants are likely to suffer from granting); and (2) a reasonable probability that plaintiffs will prevail on the merits. Baypoint Mortg. Corp....

Excerpt: ...rounds quoted below: 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such ...

Excerpt: ... of amendment.� Virginia G. v. ABC Unified School Dist. (1993) 15 Cal.App.4th 1848, 1852. The first cause of action for general negligence does not set forth a clear statutory basis. Thus, as currently pled, the claim appears to be barred by Govt. Code �815(a) as no statutory liability is set forth. The opposition plausibly argues that liability is based on Govt. Code �835. Thus, leave to amend is granted to clarify the complaint. Any amend...

Excerpt: ...action of premises located in Nevada County. As such, this court does have subject matter jurisdiction over property located within the county. Therefore, the petition for writ of mandate is denied. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative r...

Excerpt: ...due diligence. The only declaration in support of the motion provides that the process was unable to serve the Defendant at two locations. That declaration does not demonstrate the dates, times, or number of attempts made to serve. In addition, while the declaration also provides that two skip traces were done, the results of such skip traces were not provided to the court to show that Defendant is unable to be located. Plaintiff must demonstrate...

Excerpt: ...phs 8 and 9 of the Judgment .�� The stipulation and order further states, at paragraph 3, that: �The parties agree not to contest any application that is consistent with this stipulation and the parties waive any rights of appeal with respect to any order or other determination of the court that is made pursuant to paragraph 2 . . . .� There was no appeal from the judgment or amended judgment, a modification application was filed by plain...

Excerpt: ...n agreement. In addition, Plaintiff must allege facts to demonstrate that the claim is not barred by the applicable statutes of limitation. Any amended complaint shall be served and filed by July 29, 2019. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order. This is the Court�s tent...

Excerpt: ...ers are denied. Code of Civil Procedure Section 657 permits a full or partial new trial on various grounds quoted below: 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a findi...

Excerpt: ...ence." Forrest v. State Of Cal. Dept. Of Corps. (2007) 150 Cal.App.4th 183, 202. See also Baldwin v. Home Sav. of Am. (1997) 59 Cal. App. 4th 1192, 1199 (noting that 1992 amendment to CCP �1008 tightened diligence requirements). Here, Petitioners have failed to demonstrate that the purported new or different facts related to the adoption of the Code of Conduct could not, with reasonable diligence, have been discovered and produced at the ti...

Excerpt: ... June 12, 2019 (ten days after May 28, with five additional days for mail service). The instant motion was not filed until June 14, 2019. Thirdly, while Plaintiff�s counsel alleges attorney mistake, Plaintiff�s counsel does not rely on CCP �473. Rather, the motion is based solely on CCP �1008. "A motion for reconsideration [under s CCP �1008] may only be brought if the party moving for reconsideration can offer 'new or different...

Excerpt: ...ce does not state whom was served with the motion. Secondly, "[a] motion for reconsideration may only be brought if the party moving for reconsideration can offer 'new or different facts, circumstances, or law' which it could not, with reasonable diligence, have discovered and produced at the time of the prior motion.... A motion for reconsideration will be denied absent a strong showing of diligence." Forrest v. State Of Cal. Dep...

Excerpt: ...tion is denied. As for clarification, this court�s 5-8-19 was quite clear. However, to be more expansive: No funds that are located in Mr. Bell�s client trust account shall be distributed until the property at Little Valley Road is also sold and the court is made aware of all funds that are to be distributed. If there are any business loans that are recorded against the real property at Little Valley Road, such loans shall be paid from escrow...

Excerpt: .... 6), and 9 (Ex. 13) are also sustained: these exhibits are irrelevant in the context of this motion. Defendant�s Objection 11 (Ex. 16) is sustained: this exhibit lacks authentication and is irrelevant. Defendant�s remaining objections are moot given the court�s ruling regarding liability, below. The court declines to admit and consider Exhibit 1 attached to the 12 June 2019 Decl. of Plaintiff as part of Plaintiff�s 12 June 2019 Response ...

Excerpt: ...A]s a general rule, attorney fees are not recoverable as costs unless they are authorized by statute or agreement.� People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal. App. 4th 424, 429. Plaintiff must set forth either a contractual basis or statutory basis for the requested fees. Any amended complaint must be served and filed by July 15, 2019. Moving party�s attorney is to submit a formal order that sets ...

Excerpt: ...Defendant�s Objection 16 is sustained: this exhibit lacks authentication and is irrelevant. Defendant�s remaining objections are moot given the court�s ruling regarding liability, below. The court declines to admit and consider Exhibit 1 attached to the 12 June 2019 Decl. of Plaintiff as part of Plaintiff�s 12 June 2019 response to Defendant�s Notice of Errata. This photograph is vague as to time and lacks authentication. Standard of Re...

Excerpt: ...nt to produce documents should resolve this issue. 2. Denied. The stipulated protective order and defendants� agreement to produce documents should resolve this issue. 3. Granted. Defendants shall provide all communications with DC Tech�s accountant(s) within their possession. The production of the entity QuickBooks will not suffice to satisfy this request. 4. Granted in part. Defendants have stated that no such documents exist, except report...

Excerpt: ...money judgment for damages. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3. Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her ex...

Excerpt: ... Premium Real 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 r...

Excerpt: ...scovery-order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516. Here, Plaintiffs have willfully failed to obey a court order requiring responses to discovery requests. Thus, Plaintiffs� Complaint filed 8/16/18 and Cross-Defendants� Answer to the Cross-Complaint filed 2/4/19 are hereby stricken. Cross-Complai...

Excerpt: ...nt and admissible in evidence in the case and which cannot with reasonable convenience be viewed in the courtroom. (b) On such occasion, the entire court, including the judge, jury, if any, court reporter, if any, and any necessary officers, shall proceed to the place, property, object, demonstration, or experiment to be viewed. The court shall be in session throughout the view. At the view, the court may permit testimony of witnesses. The procee...

Excerpt: ...ch a ruling. As such, the time in which this court must rule expires on June 23, 2019. Code of Civil Procedure Section 657 permits a full or partial new trial on various grounds quoted below: 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Misconduct of the jury; and whenever any one or more of the jurors have ...

Excerpt: ... (2005) 131 Cal. App. 4th 802, 823. Additionally, as stated in Ferris v. Gatke Corp. (2003) 107 Cal. App. 4th 1211, 1225, each individual must owe a legal duty to plaintiff. Here, Plaintiff has failed to clearly state what duty is owed by these moving defendants to Plaintiff. Plaintiff must further state what the underlying tort is as it relates to these moving defendants. Defendants RF Management and Gill�s Motion to Strike Portions of the Fir...

Excerpt: ... any court to compel the specific performance of an agreement, in case of part performance thereof.�" Sutton v. Warner (1993) 12 Cal. App. 4th 415, 421 (quoting CCP �1972(a)). �[W]here assertion of the statute of frauds would cause unconscionable injury, part performance allows specific enforcement of a contract that lacks the requisite writing.� In re Marriage of Benson (2005) 36 Cal. 4th 1096, 1108. Here, Plaintiff has alleged perfo...

Excerpt: ...k performed and hourly rates are reasonable. However, the incentives of $350 to each named Plaintiff are denied. No such incentives are included in the set forth in the settlement agreement. Additionally, the expert fees of $12,811.25 are denied. Expert fees were not specifically set forth in the settlement agreement either. While �costs� were not defined, the court relies on CCP �1033.5(b)(1). Angela L. Bradrick, research attorney for the ...