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...