Excerpt: ...illing and work paid for but not performed. As to the third cause of ac
Ÿon for professional negligence, the demurrer is sustained with leave to amend. The cross-complaint fails to allege the speciÞc professional services retained by cross-complainant demonstra
Ÿng that such posi
Ÿon required specialized knowledge or training that was breached. As to the fourth cause of ac
Ÿon for inten
Ÿonal inßic
Ÿon of emo
Ÿonal distress, the demurrer...

Excerpt: ...d does not seek, in the alternative, a continuance such that he may have more time to prepare a reply. Moreover, the Court's ruling is consistent with its prior ruling in relation to an identical request filed by Defendant Zipfel as to the same cause of action at issue in Wilson's motion. Accordingly, the Court exercises its discretion and accepts the late-filed Opposition. A motion for judgment on the pleadings has the same function as a general...

Excerpt: ...ight to br-ng an independent cause of action on the underlying promissory note (aka the "One Action Rule"). (Code Civil Proc. S 726.) Code of Civil Procedure Section 726 provides "There can be but one form of action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real property, which action must be in accordance with the provisions of this chapter." This is known as the single achon rule, which mandates one ...

Excerpt: ..."Defendant was properly served with a copy of the summons and complaint." As the motion to set aside this judgment was denied, the finding has been made by prior court judgment that the eviction was proper. As such, this allegations of this cause of action are res judicata and the demurrer is sustained without leave to amend. As to the fifth cause of action for conversion of personal property, the demurrer is sustained without leave to amend. The...

Excerpt: ...which determination is sought." Plaintiff has previously been given leave to amend and has failed to state facts that the County has any interest in the real property at issue. Secondly, as to all causes of action, Plaintiff has failed to allege that he has filed a Govt Tort Claim before filing suit as required by Gov. Code SS 905, 945.4. Claims presentation are jurisdictional and mandatory. (Fidelity & Deposit Co. v. Claude Fisher, Co. (1958) 16...

Excerpt: ... Ins. co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 129 Cal.Rptr.3d 601, 258 P.3d 737 (SeaBrjght).) This means that a hirer is typically not liable for injuries sustained by an independent contractor or its workers while on the job. Commonly referred to as the Privette doctrine, the presumption originally stemmed from the followng rationales: First, hirers usually have no right to control an independent contractor's work. (Privette, at p. 693, 2...

Excerpt: ...ration of further litigation, and the settlement amount—these factors can be useful in evaluating the fairness of a PAGA settlement." Moniz v. Adecco USA (2021) 72 cal.App.5th 56, 77. Here, the court finds that the settlement is fair and reasonable. The terms of the settlement provide a proportional distribution to each aggrieved employee based on the number of at-issue pay periods worked plus an additional $5.00 each. This distribution is fair...

Excerpt: ... Ins. co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 129 Cal.Rptr.3d 601, 258 P.3d 737 (SeaBrjght).) This means that a hirer is typically not liable for injuries sustained by an independent contractor or its workers while on the job. Commonly referred to as the Privette doctrine, the presumption originally stemmed from the followng rationales: First, hirers usually have no right to control an independent contractor's work. (Privette, at p. 693, 2...

Excerpt: ...iolation of the statute. In orderto establish a claim under the FDCPA, the facts as alleged must show that Defendant was a "debt collector" as defined by the Act, that Defendants' challenged conduct constituted "debt collection," and that the debt collection actons violated a provision of the Act. (See, e.g., Heintz v. Jenkins (1995) 514 U.S. 291, 294. Here, Plaintiff has alleged all three elements in the Complaint. Defendants have cited no autho...

Excerpt: ...gment Standard A defendant may move for summary judgment where "it is contended that the action has no merit " Code of Civil Procedure S 437c, subd. (a). "A defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action." at subd. (p)(2). "O...

Excerpt: ...verning general demurrers apply. "[T]he court passing upon the question of the demurrer may look to affidavits filed on behalf of plaintiff, and the plaintiff's answers to interrogatories, as well as to the plaintiff's responses to requests for admissions. E. webb corp. v. structural Materials co. (1981) 123 cal.App.3d 593, 604. In the present case, the admissions order demonstrates, among other things, the following: (1) Defendant complied with ...

Excerpt: ... trial court has broad discretion to determine whether the settlement is fair. It should consider relevant factors, such as the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the the experience and views of counsel, the presence of a governmental par...

Excerpt: ...g up of affairs including sale of the real property with improvements thereon located at 12731 Loma Rica Driver, Grass Valley, California. ultimately, the single cause of action related to 12731 Loma Rica was remanded to this Court where it was adjudicated at court trial over several days. Thus, the costs being requested by Plaintiffs related to a long pending action spanning approximately nine (9) years. The fact is this cause of achon was part ...

Excerpt: ...communicate with is client. The Court notes, despite the granting of counsel's motion to withdraw, no proof of service has been filed evidencing service of that order on Plaintiff Thus, Plaintiff's counsel remains of record. The Court highlights this point due to the fact the original pending motions were served on Plaintiff's attorney of record. Moreover, this hearing date was not put forth on the Order relieving counsel. However, since no proof...

Excerpt: ...earlier date or otherwise address it until now. 2. Plaintiff's Motion to Compel Further Responses This matter comes on calendar in relation to Plaintiff, Richard Kyle Green's, timely filed Motion to Compel Defendant, Sheila Marie Zipfel, to Provide Further Responses to Form Interrogatories, Special Interrogatories, Requests for Production of Documents and Requests for Admissions (SET ONE) (hereinafter, "Mohon"). The Court has reviewed all pleadin...

Excerpt: ...ivil Procedure section 473(b) on grounds of "mistake, inadvertence, surprise, or excusable neglect." " 'In order to qualify for [discretionary] relief under section 473, the moving party must act diligently in seeking relief and must submit affdavits or testimony demonstrating a reasonable cause for the default.' " Huh v. Wang (2(m) 158 Cal.App.4th 1406, 1419. "In other words, the court's 'discretion may be exercised only after the party seeking ...

Excerpt: ...ir costs on appeal. Appellate costs include attorney's fees when they are permitted by statute or law. California Rules of court, rule code Civ. Proc. SS 1034. Plaintiffs argue they are entitled to appellate attorney fees based on Code of Civil Procedure section 1036, which provides, in relevant part: In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, , shall determine and award or all...

Excerpt: ...the ICF cause of action for wrongful foreclosure. The H08R only provides regulatory protections for foreclosures related to a party's principal residence. See Civil Code S 2924.15. Here, Plaintiff admits that both lots were "vacant" at the time of the Notces of Default. Exhibit C to the First Amended Complaint, at 55. Moreover, Plaintiff has admitted that he resides in Ohio. See RJN Exhibits 3, 6, 8, 13-14, and 23- 25. Plaintiff has also failed t...

Excerpt: ...murrer was sustained, but that is all." Community Water Coalition v. Santa Cruz County Local Agency Formation Com (2011) 200 Cal.App.4th 1317, 1329, citing People ex rel. Dept. Pub. Wks. v. Clausen (1967) 248 Cal.App.2d 770, 785—786. " 'The plaintiff may not amend the complaint to add a new cause of action without having obtained #rmission to do so, unless the new cause of action is within the scope of the order granting leave to amend.' " Ibid...

Excerpt: ... Cross-Complainant has failed to allege a speciÞc misrepresenta
Ÿon or omission that was made and the damages that stemmed therefrom. Allega
Ÿons that cross-defendant Malone sought to be a 1099 worker rather than a salaried employee do not demonstrate how Cross-Complainant was defrauded. As to the third cause of ac
Ÿon for professional negligence, the Cross-Complaint fails to allege the speciÞc professional services retained by Cross-Complai...

Excerpt: ...7 case, filed a request for judicial notice regarding Mr. Deal and orally requested the Court to strike all pleadings/ filings by Deal in both cases because Deal is allegedly a vexatious litigant who failed to obtain this Court's order of approval pursuant to Code of Civil Procedure section 391.7, subdivision (b), before making those filings. The Court issued an order to show cause why that relief should not be granted and directed the parties to...

Excerpt: ...roneously sued as RCI Property Management) ("RCI"), the Court does not believe that all the proposed amendments are futile. " 'Generally, motions for leave to amend are liberally granted. ' " Foroudi u Aerospace Corporation (2020) 57 Cal.App.5th 992, "However, 'leave to amend should not be granted where, in all probability, amendment would be futile. ' " ld. at IWI. " ' "Leave to amend should be denied only where the facts are not in dispute, and...

Excerpt: ...ivision (a), the trial court in its discretion may allow a third party to intervene in litigation pending between other parties if " '(1) the proper procedures have been followed; (2) the nonparty has a direct and immediate interest in the action; (3) the intervention will not enlarge the issues in the litigation; and (4) the reasons for the interventon outweigh any opposition by the parties presently in the action. [Citation.]' [Citation.] The p...

Excerpt: ...ch can be challenged by evidence. Objections to Evidence Defendant's Objections to the four declarations filed in support of Plaintiff's opposition are sustained to the extent such statements are submitted to contradict and/or oppose Plaintiff's admissions. Here, Plaintiff made 94 admissions in discovery. An admission is deemed true for purposes of the subject litigation, and Plaintiff cannot seek to introduce evidence to assert facts which are c...

Excerpt: ... v. County of Monterey (2008) 167 cal.App.4th 1379: In determining the amount of reasonable attorney fees to be awarded under a statutory attorney fees provision, the trial court begins by calculating the "lodestar" amount. The "lodestar" is "the number of hours reasonably expended multiplied by the reasonable hourly rate." To determine the reasonable hourly rate, the court looks to the "hourly rate prevailing in the community for similar work." ...