Excerpt: ...y cannot join in another�s motion for summary judgment without filing its own separate statement and meeting motion notice requirements. Lerma v. County of Orange (2004) 120 Cal. App. 4th 709, 718 719; Frazee v. Seely (2002) 95 Cal.App.4th 627, 636; Village Nurseries v. Greenbaum (2002) 101 Cal. App. 4th 26, 46. Thus, the joinder in the motion for summary adjudication is denied. Requests for Judicial Notice Defendant�s Request for Judicial No...

Excerpt: ...the merits of such motion heard as a predicate to a determination of the 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...

Excerpt: ...er possession. See Taylor v. Nu Digital Marketing Inc. (2016) 245 Cal.App.4th 283. Any Answer must be served and filed by December 22, 2021. PERSONAL APPEARANCES ARE PERMITTED. ALL PERSONS, TWO YEARS OF AGE AND OLDER, MUST WEAR A FACE COVERING. (SEE EXECUTIVE ORDER 192). YOU MAY APPEAR TELEPHONICALLY VIA V-COURT BY ARRANGING SUCH TELEPHONIC APPEARANCE AT LEAST TWO COURT DAYS PRIOR TO HEARING BY SIGNING UP USING THIS LINK: HTTPS://VCOURT.NEVADACOU...

Excerpt: ...t had determined that the RER payments are separate property, Plaintiff has failed to allege a contractual right to such payments. Secondly, Plaintiff has failed to allege a causal relationship between the removal from the care home and the filing for divorce, and the interference with the payments. As to the second cause of action for intentional infliction of emotional distress, the demurrer is sustained with leave to amend. The removal from a ...

Excerpt: ...nt allege discovery in 2020, after the death of David Pettis. As to the sixth cause of action for fraud, the demurrer is overruled. The complaint sufficiently alleges a misrepresentation, reliance, and damages. Moreover, as pled, the cause of action does not appear barred by the statute of limitations, because the complaint allege discovery in 2020, after the death of David Pettis. As to the seventh cause of action for injunctive relief, the demu...

Excerpt: ...t had determined that the RER payments are separate property, Plaintiff has failed to allege a contractual right to such payments. Secondly, Plaintiff has failed to allege a causal relationship between the removal from the care home and the filing for divorce, and the interference with the payments. As to the second cause of action for intentional infliction of emotional distress, the demurrer is sustained with leave to amend. The removal from a ...

Excerpt: ...Labs., Inc. (1990) 222 Cal.App.3d 379, 384, 387). Here, Plaintiff failed to file a Separate Statement of Undisputed Material Facts with supporting evidence. The only evidence filed in support of the motion is a two-page declaration with unauthenticated documents attached to it. The motion is procedurally and substantively defective. As such, the motion is denied. Defendant�s Motion for Summary Judgment Defendant�s Motion for Summary Judgment ...

Excerpt: ... claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 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...

Excerpt: ...d 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, 154. Trial courts properly may use equitable considerations to reduce t...

Excerpt: ...pecificity: how, when, where, to whom, and by what means. Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73. As to the fourth cause of action for negligent misrepresentation, the demurrer is overruled. Negligent misrepresentation is a claim for negligence. Cross-complainants have adequately alleged all elements. As to the fifth cause of action for constructive fraud, the demurrer is sustained with leave to amend. Cross- complainants have failed ...

Excerpt: ...ession for which a license is required under this code governing the department or any board, bureau, commission, committee, or program within the department, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required without alleging and proving that he or she was duly licensed at all times du...

Excerpt: ...01) 25 Cal.4th 826, 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 (...

Excerpt: ...court finds that the element of reliance and all other elements are properly pled. The demurrer to the seventh cause of action for conversion is sustained with leave to amend. Plaintiff must allege what property was converted. The demurrer to the eighth cause of action for wrongful eviction is overruled. Plaintiff has pled both ownership and tenancy in the alternative. Moreover, Plaintiff has alleged he moved onto the property and had a possessor...

Excerpt: ...not show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 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...

Excerpt: ...ceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable: (1) The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect unless the public entity establishes that it would be prejudiced in the defense of the claim if the court relieves the petitioner from the requirements of Section 945.4�.� �T...

Excerpt: ...ee of the government was negligent in his/her actions, so as to permit vicarious liability against the City, such employee must be named or referred to and that individual�s specific negligent conduct must be alleged. As to �Count Three� of the Premises Liability cause of action, the demurrer is overruled. This cause of action for premises liability is statutorily permissive. Moreover, the Judicial Council form is adequately completed. Any ...

Excerpt: ...ue instead a temporary protective order under the provision regarding such orders if it determines that the requirements of the statute regarding issuance of the order and writ are satisfied but that the issuance of the temporary protective order instead of the right to attach order and writ would be in the interests of justice and equity to the parties, taking into account the effect on the defendant of issuing a writ of attachment ex parte, the...

Excerpt: ...djudicated, as domestic violence restraining order cases have different elements than claims for assault or battery. Plaintiff is granted leave to amend to clarify the claim presented herein. Further, to the extent assault or battery is set forth, all required elements must be clearly and succinctly set forth. As to the second cause of action for defamation, Plaintiff must clearly allege the following elements: 1. Intentional publication by defen...

Excerpt: ...erance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action . . . or of any separate issue or of any number of causes of action or issues . . . .� (Italics added). Code of Civil Procedure section 598 allows a party to seek an order �that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereo...

Excerpt: ...h 826, 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 Cal...

Excerpt: ...sonable fee generally �begins with the �lodestar,� i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate�.�� �[T]he lodestar is the basic 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 nat...

Excerpt: ...tion, the demurrer is sustained with leave to amend. All claims are premised on the assertion that the driver �negligently and violently� struck Plaintiff. However, Plaintiff has not alleged what act or omission constituted such negligence. For example, Plaintiff has not alleged that the driver was speeding, the vehicle was not properly maintained, that the driver was not trained in the use of the vehicle, etc. Plaintiff must set forth more t...

Excerpt: ...onally, while the dismissal does make the Anti-Slapp Motion to Strike moot, the Defendants may nonetheless be entitled to recover attorney�s fees. See Wilkerson v. Sullivan (2002) 99 Cal.App.4th 443. Anti-SLAPP Motion to Strike Defendants Brian Warren and Patricia Warren�s Motion to Strike Pursuant to CCP Section 425.16, and Defendant Sinclair�s Joinder in such motion, are dropped as moot given the entry of the dismissal set forth above. Ho...

Excerpt: ...y includes information about the state rental assistance program. Plaintiff has not alleged that such notice was given or that Plaintiff began the process for the rental assistance program. Additionally, new and detailed 15-day notices to pay rent or quit or to perform covenants or quit must be served for any notice that demands payment of COVID-19 rental debt (under Civil Code � 798.56(e); � 1161, para. (2) or (3)), rather than the generally...

Excerpt: ...or breach of good faith and fair dealing, the demurrer is sustained with leave to amend. Such cause of action arises from the terms of the underlying agreement. Plaintiffs have failed to allege how Defendant allegedly interfered with the express terms of the Deed of Trust. As to the third cause of action for cancellation of instruments, the demurrer is overruled. Plaintiffs have alleged that the amount set forth on the NOD was improperly calculat...

Excerpt: ...dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 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. Su...

Excerpt: ...inds that the prior allegations sufficiently include facts related to trade secrets. As such, the adding of this cause of action without leave of court is permissible. Defendant Dronitek�s Motion to Strike paragraph 30 as against Dronitek is denied. Because Plaintiff has made alter ego allegations, in that there is unity of ownership and interests between Morris and Dronitek, the damages sought may be awarded against Dronitek by a jury if the a...

Excerpt: ...r adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 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 s...

Excerpt: ... of being performed, such argument can be asserted as an affirmative defense. As to the second cause of action for common counts, the complaint alleges that money was lent by plaintiff to defendant at defendant�s request and that the sum of $25,000 remains unpaid. All necessary elements have been pled. As to the third cause of action for fraud, Plaintiff has alleged that Defendants stated that they would repay the money, but never intended to r...

Excerpt: ... paid taxes on the land. Mehdizadeh v. Mincer (1996) 46 Cal. App. 4th 1296, 1305; Silacci v. Abramson (1996) 45 Cal. App. 4th 558, 562. There is no requirement that there be actual knowledge to the owner; rather, such use shall be open and notorious. This allegation is set forth, as well as all other elements. Motion to Expunge Defendants� Motion to Expunge Lis Pendens is denied. The complaint at issue clearly affects title to, or the right to ...

Excerpt: ...nlawful detainer actions may be brought by an owner�s agent, this Court cannot determine if Plaintiff is an agent of the owner. Such issue is a factual question, inappropriate for demurrer. An Answer must be served and filed by August 18, 2021. Trial is hereby set for August 23, 2021, at 2:00 pm in Dept. 6. ...

Excerpt: ... gate was locked, from the date of its installation to January 2021. The court finds the request is not overbroad or burdensome. As to RPD 3, the motion is granted in part. Defendant shall provide responses and responsive documents relating to the easement provided to Defendant by Ann Armstrong in her capacity as prior owner of the property, not as an attorney involved in prior litigation. As to RPD 4, the motion is granted in part. Defendant sha...

Excerpt: ...l prevail on the merits. Baypoint Mortg. Corp. v. Crest 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 controvers...

Excerpt: ...or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 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 existen...

Excerpt: ...ff paid taxes on the land. Mehdizadeh v. Mincer (1996) 46 Cal. App. 4th 1296, 1305; Silacci v. Abramson (1996) 45 Cal. App. 4th 558, 562. There is no requirement that there be actual knowledge to the owner; rather, such use shall be open and notorious. This allegation is set forth, as well as all other elements. Motion to Expunge Defendants� Motion to Expunge Lis Pendens is denied. The complaint at issue clearly affects title to, or the right t...

Excerpt: ...pplication was complete is a question of fact, inappropriate for demurrer. As to the argument that Plaintiff fails to state a cause of action pursuant to the COVID-19 Relief Act, the demurrer is sustained with leave to amend. Plaintiff has failed to allege that he was current on payment as of February 1, 2020, and that he was experiencing a financial hardship due to COVID-19. As to the negligence cause of action, the demurrer is sustained with le...

Excerpt: ...ight 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 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 eviden...

Excerpt: ...ty. That judgment is on appeal. However, such judgment is not stayed by the filing and pendency of the appeal. Pursuant to CCP section 916.1, a money judgment is not stayed during an appeal unless an undertaking has been posted. An undertaking is required to stay enforcement of an order which directs payment of money or delivery of personal property and is required in dissolution proceedings pending appeal. In re Marriage of Thompson (1979) 96 Ca...

Excerpt: ...A motion to change venue based upon witness convenience must be supported by competent proof. Tutor-Saliba- Perini Joint Venture v. Sup. Ct (1991) 233 Cal.App.3d 736, 744 (citing, e.g., Lieppman v. Lieber (1986) 180 Cal.App.3d 914, 919). Here, Cross-Defendant has asserted that Plaintiff�s anticipated medical witnesses, material witnesses, and preschool teachers all reside within Contra Costa County. However, Cross-Complainant Rees has named six...

Excerpt: ...could reasonably conclude that cross- defendant acted intentionally, with a willful and conscious disregard of the rights or safety of cross-complainant, which is the definition of malice. See Morgan v. Davidson (2018) 29 Cal.App.5th, 540, 547; Civil Code 3294. Accordingly, the cross-complaint adequately alleges facts to support punitive damages. Thus, the motion to strike is denied. PERSONAL APPEARANCES ARE PERMITTED. ALL PERSONS, TWO YEARS OF A...

Excerpt: ...stify possession under the CUA/MMP, any quantity of medical marijuana possessed by the patient, and the form and manner in which it is possessed, �should be reasonably related to the patient�s current medical needs.� People v. Kelly (2010) 47 Cal.4th 1008, 1012-1013. Plaintiff has placed at issue whether the amount of marijuana possessed was �reasonably related to his medical needs.� See Littlefield v. County of Humboldt (2013) 218 Cal....

Excerpt: ...in the litigation. Here, Plaintiff is over 70 years of age. However, the health of the party is not such as to require preference. The court notes that the only declaration in support of the motion is by Plaintiff�s daughter. Such declaration is hearsay and the objection to such declaration on that basis is sustained. Assuming such information contained in the declaration is true, however, Plaintiff only suffers from depression and fear of a fa...

Excerpt: ...s reasonably expended multiplied by the reasonable hourly rate�.�� �[T]he lodestar is the basic 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 contin...

Excerpt: ...l Code section 597.1(j) provides: �no animal properly seized under this section or pursuant to a search warrant shall be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that he owner can and will provide the necessary care for the animal.� In the present case, the three dogs were seized based on an underlying charge of felony animal abuse. That felony case remains pending. If ...

Excerpt: ... likelihood of prevailing on the merits. At this stage of the proceedings, the merits must be addressed at trial or through a motion for summary judgment. Thus, the motion for judgment on the pleadings is denied. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 362-4309 by 4:00 p.m. the court day before the hearing. If you do...

Excerpt: ... likelihood of prevailing on the merits. At this stage of the proceedings, the merits must be addressed at trial or through a motion for summary judgment. Thus, the motion for judgment on the pleadings is denied. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 362-4309 by 4:00 p.m. the court day before the hearing. If you do...

Excerpt: ...ment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 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 p...

Excerpt: ...led. As to the second cause of action, the demurrer is overruled. Plaintiff has clearly alleged that she was not given a single point of contact as required by CC 2923.7. As to the third cause of action, the demurrer is sustained with leave to amend. First, the allegations that Plaintiff was not given options back in 2016 are time barred. Secondly, Plaintiff has failed to allege a �material� violation, as she admits she was able to apply for ...

Excerpt: [email protected] Respondent�s Demurrer to the First Cause of Action for Petition for Writ of Mandate is dropped as moot. The Petition was previously ruled upon and there are no remaining issues as to this cause of action. Respondent�s Demurrer to the Second Cause of Action for Injunctive Relief is sustained without leave to amend. An injunction cannot be granted �to prevent the execution of a public statute by officers of the law for the pub...

Excerpt: [email protected] (1) Defendant Perryman Mechanical�s Motion for Judgment on Pleadings and (2) Defendant McEachin�s Motion for Judgment on the Pleadings Defendants� Motions for Judgment on the Pleadings is granted without leave to amend. The named minor Plaintiff does not have standing to file this action as decedent�s parental rights were terminated prior to the accident in question. (3) Plaintiff�s Motion for Leave to Amend Complaint...

Excerpt: [email protected] Motion to Set Aside Admissions Deemed Admitted First, Plaintiff�s request to deny the present motion based on improper service is denied. The proof of service in the court�s file demonstrates that Klaus Kolb personally served Defendant�s counsel on April 16, 2021. As such, service was proper. By this motion, Defendant seeks to set aside the order which deemed admissions admitted which was made back on September 11, 2020. CCP 2...

Excerpt: [email protected] Motion to Set Aside Admissions Deemed Admitted First, Plaintiff�s request to deny the present motion based on improper service is denied. The proof of service in the court�s file demonstrates that Klaus Kolb personally served Defendant�s counsel on April 16, 2021. As such, service was proper. By this motion, Defendant seeks to set aside the order which deemed admissions admitted which was made back on September 11, 2020. CCP 2...

Excerpt: ...NG: [email protected] (1) Defendant Perryman Mechanical�s Motion for Judgment on Pleadings and (2) Defendant McEachin�s Motion for Judgment on the Pleadings Defendants� Motions for Judgment on the Pleadings is granted without leave to amend. The named minor Plaintiff does not have standing to file this action as decedent�s parental rights were terminated prior to the accident in question. (3) Plaintiff�s Motion for Leave to Amend Co...

Excerpt: [email protected] Demurrer Defendant�s Demurrer to the third cause of action for intentional interference with contract is sustained with leave to amend. Plaintiff must plead the contracts and parties involved in the contracts that were purportedly interfered with. Defendant�s Demurrer to the fourth cause of action for intentional interference with prospective economic advantage is sustained with leave to amend. As currently pled, the claim allege...

Excerpt: [email protected] Demurrer Defendant�s Demurrer to the third cause of action for intentional interference with contract is sustained with leave to amend. Plaintiff must plead the contracts and parties involved in the contracts that were purportedly interfered with. Defendant�s Demurrer to the fourth cause of action for intentional interference with prospective economic advantage is sustained with leave to amend. As currently pled, the claim allege...

Excerpt: ...ING: [email protected] Plaintiff�s Motion for Summary Judgment is granted. Requests for Judicial Notice California State Grange�s Request for Judicial Notice filed February 10, 2021, is granted in its entirety. Banner Guild�s Request for Judicial Notice filed April 19, 2021, is granted in its entirety. Objections to Evidence Defendant�s Objections to Evidence filed on April 19, 2021, are sustained as to: 1 (legal conclusion); 5 (legal...

Excerpt: ...CCOURT.NET Plaintiff�s OSC re Preliminary Injunction is granted in part. 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. v. Crest Premium Real E...

Excerpt: ...ive ruling is issued by Judge Linda Sloven. If oral argument is requested, such oral argument shall be heard on Thursday, April 22, 2021, at 1:00 pm in Dept. 6. Mueller�s Motion for Summary Adjudication is denied. Standard of Review The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dis...

Excerpt: ...ING: [email protected] Defendant�s Demurrer to the Complaint is sustained with leave to amend in part and overruled in part. As to both the cause of action for breach of fiduciary duty and breach of duty to disclose, the demurrer is overruled as to the argument relating to agency relationship as to both properties. Defendant contends that broker Muriel only represented Plaintiffs relating to the Peacock property and that Plaintiffs improper...

Excerpt: [email protected] Plaintiff�s Application for Writ of Attachment is denied. In order to grant an order for attachment, the court must find, pursuant to CCP section 484.090: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery on...

Excerpt: [email protected] Defendants Ireton and Your Town�s Demurrer to the First Amended Complaint is sustained with leave to amend in part and overruled in part. As to the first cause of action for breach of contract, as it relates to Defendant Ireton, the demurrer is sustained with leave to amend. Plaintiff has not pled any contract existed between Plaintiff and this moving defendant. To the extent Plaintiff intends to assert alter ego, Plaintiff...

Excerpt: [email protected] Plaintiff�s Application for Writ of Attachment is denied. In order to grant an order for attachment, the court must find, pursuant to CCP section 484.090: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery ...

Excerpt: [email protected] Plaintiff�s Application for Writ of Attachment is denied. In order to grant an order for attachment, the court must find, pursuant to CCP section 484.090: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery o...

Excerpt: ...or 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 v. Oak...

Excerpt: ...NCCOURT.NET Demurrer Defendants� Demurrer to the Complaint is overruled. Civil Code section 798.84 requires a homeowner to give notice to management at least 30 days prior to filing an action. As stated in section (b): The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeow...

Excerpt: [email protected] (1) Dignity and Brown�s Motion to Strike Termination Allegations Defendants� Motion to Strike Termination Allegations is denied. First, this motion is denied on procedural grounds. A motion to strike must be filed within the time allowed to response to a pleading. CCP 435(b)(1). Here, the Amended Complaint was filed on 4/18/19 and the present motion was not filed until 2/5/21, well outside the time in which to file a respon...

Excerpt: [email protected] Mr. Diamond�s unopposed Motion to be Relieved as Counsel for Nye and Kacey Petros is granted. This order shall become effective upon filing proof of service of the signed order after hearing on client and opposing counsel. Plaintiff David Fischer�s Motion for Preliminary Injunction is denied. The elements generally applicable to a request for injunctive relief are as follows: (1) a balancing of the hardships (i.e., plaintiffs are...

Excerpt: ...OURT.NET Defendants� Demurrer to the Second Amended Complaint is sustained with leave to amend. As to the third cause of action for fraud/intentional misrepresentation, the demurrer is sustained with leave to amend. The cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73. Claims against a corporation must include the names of the persons ...

Excerpt: ...OURT.NET Defendants� Demurrer to the Second Amended Complaint is sustained with leave to amend. As to the third cause of action for fraud/intentional misrepresentation, the demurrer is sustained with leave to amend. The cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73. Claims against a corporation must include the names of the persons ...

Excerpt: ...o the first cause of action for Unfair Competition, the demurrer is overruled. Plaintiff has adequately pled his standing in that he alleged he lost money because defendant charged for, but failed to collect the waste. Moreover, causation is properly pled because Plaintiff alleges that he paid for services which were not rendered and his billings had concealed information. The claim is also pled with particularity. The �unfair� prong was prop...

Excerpt: [email protected] Motion for Judgment on the Pleadings Defendants� Motion for Judgment on the Pleadings as to the Complaint is denied. Defendants contend that the cause of action for declaratory relief is barred by the four year statute of limitations for breach of contract. The contract at issue was signed and purportedly breached in 2012, but the present action was not filed until 2020. However, the claim for declaratory relief is not a breach ...

Excerpt: ...OURT.NET Defendant Haines� Motion Defendant Haines� Motion for Summary Judgment has been dropped by the moving party. Defendants Reed, McCarthy, Reddy, Joves, and Spine & Nerve�s Motion Defendants� Motion for Summary Judgment is denied. The Alternative Motion for Summary Adjudication is likewise denied. The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evi...

Excerpt: ...NCCOURT.NET Plaintiff David Fischer�s Motion for Preliminary Injunction is denied. 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. v. Crest Prem...

Excerpt: .... While Plaintiff alleges that he has filed the present action as a derivative claim on behalf of the corporation and shareholders, no such allegations are set forth in the claim. Any amended complaint must be served and filed by February 4, 2021. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 362-4309 by 4:00 p.m. the cour...

Excerpt: ...URT.NET This tentative ruling is issued by Judge Linda Sloven. If oral argument is requested, such oral argument shall be heard on Friday, January 22, 2021, at 1:30 pm in Dept. 2. (1) Zahnleuter�s Petition to Compel Accounting & Surcharge Previously, Judge Tamietti granted the petition to compel Thomas Mueller to file an accounting. Such accounting has been filed. Judge Tamietti reserved on the issue of surcharging Thomas Mueller. The court now...

Excerpt: ...NCCOURT.NET Demurrer Cross-Defendant County�s Demurrer to the �Counter Claim� is sustained with leave to amend. The sole cause of action set forth in the purported cross-complaint is for declaratory relief. In such cross-complaint, Cross-Complainant Engstrom challenges the Governor�s health directives and stay at home orders as unconstitutional. Cross-Complainant seeks relief against a non-party, the Governor of California. As the Governo...

Excerpt: [email protected] Plaintiffs/Cross-Defendants� Motion to Compel Arbitration of Cross-Complaint is granted. The complaint in this action was filed on March 26, 2020. The original cross-complaint was filed on May 29, 2020, and did not include any cause of action as it relates to specific performance of the arbitration provision. However, the first amended cross-complaint was filed on August 10, 2020. In such cross-complaint, the second cause of ac...

Excerpt: ...COURT.NET Plaintiff�s Motion for Reconsideration is denied. "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. Dept. Of Corps. (200...

Excerpt: ...NCCOURT.NET Defendant USAA�s Motion for Summary Judgment is granted. Standard of Review The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, court...

Excerpt: ...NCCOURT.NET Plaintiffs� Request for Sanctions Against Attorney Jared Xu is denied. First, the procedures set forth in CCP section 128.5 were not complied with. While it appears that Judge Craddick did allow the parties to file a request for sanctions within 15 days, such permission did not waive any statutory requirements. Additionally, even if the procedures were complied with, CCP sections 128.5 and 128.7 require proof that Mr. Xu�s actions...

Excerpt: [email protected] Plaintiffs/Cross-Defendants� Motion to Compel Arbitration of Cross-Complaint is granted. The complaint in this action was filed on March 26, 2020. The original cross-complaint was filed on May 29, 2020, and did not include any cause of action as it relates to specific performance of the arbitration provision. However, the first amended cross-complaint was filed on August 10, 2020. In such cross-complaint, the second cause of a...

Excerpt: [email protected] Defendant USAA�s Motion for Summary Judgment is granted. Standard of Review The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, cour...

Excerpt: ...OURT.NET (1) Zahnleuter�s Petition to Compel Accounting & Surcharge Previously, Judge Tamietti granted the petition to compel Thomas Mueller to file an accounting. Such accounting has been filed. Judge Tamietti reserved on the issue of surcharging Thomas Mueller. The court now rules on the issue of surcharge: Petitioner Zahnleuter�s request to surcharge Thomas Mueller for the amount of litigation funds expended from the trust is granted. The ...

Excerpt: ... the previously filed application to enforce the settlement agreement. �The determination of what constitutes a reasonable fee generally �begins with the �lodestar,� i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate�.�� �[T]he lodestar is the basic 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 ...

Excerpt: ...e 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, 154....

Excerpt: ...y, was negligent in the maintenance of the property, plaintiff was harmed, and defendant�s negligence was a substantial factor in causing Plaintiff�s harm. As to the third cause of action for strict liability is sustained with leave to amend. Plaintiffs have failed to allege that this moving defendant engaged in an ultrahazardous activity that caused the Plaintiffs to be harmed. As to the fourth cause of action for res ipsa loquitor negligenc...

Excerpt: ...ing which facts and theories to raise 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 also sustained with...

Excerpt: ...t, 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 v. Oakshade Town Center ...

Excerpt: ... fact, served. Secondly, Defendant seeks to strike the Declaration of Amy Irani and the Declaration of Dr. Richard Johnson. Such declarations were filed in support of the application for preliminary injunction, which has already been heard and granted. Moreover, this court specifically stated that the �Governor�s mask requirement and patronage limits� were not at issue in this case. Thus, these declarations provided no weight in the court�...

Excerpt: .... 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 Cal.App.4th 9...

Excerpt: ...need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 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 (...

Excerpt: ... its own lines and ends at the meter box. However, the complaint alleges that the smell of propane gas was known prior to activating the electricity. This is an obvious defect which was outside the home. There is a duty to discontinue service until the defect is remedied. See Lewis v. Southern California Gas (1928) 92 Cal.App. 670, 678. Plaintiff has alleged this duty was breached. As such, the complaint is adequately pled. As to the third cause ...

Excerpt: ...n part. The stipulation filed on September 30, 2019, which is a binding court order, specified that �the remaining money will be payed [sic] in one lump sum, or via a new repayment schedule, or a combination of the two.� However, a specific repayment schedule was not delineated in the stipulation. As such, there is no specific monetary amount that this court can enforce and order the parties to comply with. However, to the extent the stipulat...

Excerpt: ...facts sufficient to sustain a cause of action. Plaintiff has adequately alleged that Defendant failed to meet Plaintiff�s needs knowing that she would suffer injury with a conscious disregard of such injury. Plaintiff has alleged that Defendant failed to provide medical care and supervision knowing that Plaintiff had a history of falls. Ratification is also alleged in the sixth paragraph of Attachment One. As to the third cause of action, the d...

Excerpt: ...ate 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 equitie...

Excerpt: ... process violation. 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. Dept. Of Corps. (2007) 150 Cal.App.4th 183, 202. S...

Excerpt: ...special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors. 3. Accident or surprise, which ordinary prudence could not have guarded against. 4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial. 5. E...

Excerpt: ...special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors. 3. Accident or surprise, which ordinary prudence could not have guarded against. 4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial. 5. E...

Excerpt: ...985) 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,...

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...