Excerpt: ...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 with prior litigation. As such, as to each cause of action, the required pri...

Excerpt: ...art. It is granted as to Paragraphs 20 and 21, Exhibit ‘B,' and the map contained on Page 5, Lines 1‐17 of the FAC. Said portions of the FAC are hereby stricken. The balance of the motion to strike is denied. Plaintiffs are granted leave to amend. The second amended complaint must be filed no later than June 27, 2022. McClain's Demurrer: As presently plead, the FAC seeks an easement for public use over private lands in contravention of Ca. Ci...

Excerpt: ...��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 (2005) 135 Cal. App. 4th...

Excerpt: ...ompanionship and society. This cause of action extends to protect children from unwarranted state interference with the relationships with their parents. But, courts have declined to extend such protection in the absence of a permanent, physical loss of association of an immediate family member as a result of unlawful state action. Benitez v. Gresham‐Barlow School Dist. 2012 WL3878419. Here, Plaintiff does not allege a permanent loss of parenta...

Excerpt: ... of Action for Prescriptive Easement: As to Truckee's demurrer to the Cross‐Complaint's first cause of action, it articulates three bases for its demurrer: (1) failure to state a cause of action on which relief can be granted; (2) as to the Entity Defendants only, that they lack legal capacity to sue; and (3) for uncertainty. With respect to the claim that there is a failure to state a cause of action on which relief can be granted against Plai...

Excerpt: ...87, the HOA is suing the roofing company for various causes of action, including negligence, breach of warranty and indemnity. After examining both complaints and the present cross‐complaint, this court cannot determine as a matter of law on the face of the pleadings that the roofing repairs contracted for in case 85687 included repairs to the roof in Plaintiff Volz's unit in case 85883. As this court cannot determine by examining the pleadings...

Excerpt: ... engage in a two‐step process. First, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity (i.e., that the acts of which plaintiff complains were taken in furtherance of defendant's right 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 ...

Excerpt: ... Stone's banking records, which are private records, are not directly relevant to any cause of action or defense. Simply determining that decedent withdrew or transferred funds will not show where, when, what kind, or how much illicit drugs were purchased. Furthermore, there are less intrusive means to discover the nature and extent of decedent's drug usage. Plaintiffs may depose the “known drugs users” with whom decedent had frequent contact...

Excerpt: ...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 equities ...

Excerpt: ...ompanionship and society. This cause of action extends to protect children from unwarranted state interference with the relationships with their parents. But, courts have declined to extend such protection in the absence of a permanent, physical loss of association of an immediate family member as a result of unlawful state action. Benitez v. Gresham‐Barlow School Dist. 2012 WL3878419. Here, Plaintiff does not allege a permanent loss of parenta...

Excerpt: ... engage in a two‐step process. First, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity (i.e., that the acts of which plaintiff complains were taken in furtherance of defendant's right 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 ...

Excerpt: ...��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 (2005) 135 Cal. App. 4th...

Excerpt: ...��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 (2005) 135 Cal. App. 4th...

Excerpt: ...r lost profits due to a deprivation of his fair share. See Jara v. Suprema Meats (2004) 121 Cal.App.4th 1238, 1258. Further, a demurrer is improper to challenge the sufficiency of an attorney. Moreover, Gonsalves is allowed to appear both individually and derivatively. Lastely, paragraph 30 alleges that Engberg himself, not just PPSC, used WR Associates' supplies. As to the second cause of action for declaratory relief, the cross‐complaint suff...

Excerpt: ... 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 (20...

Excerpt: ...le 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 of a triable, m...

Excerpt: ... named defendant is deceased. While the memorandum of points and authorities references a probate case, there is no request for judicial notice of that case or copies of any Order for Probate. Further, there is no declaration in support of the motion. The motion is procedurally and substantively defective and is, therefore, denied. ...

Excerpt: ...nds, Defendant Victoria Yeager has no standing to assert any defenses or arguments on behalf of Defendant Charles Yeager. Such arguments may be made on behalf of the executor of his estate. However, it does not appear his estate has appeared in this action yet. Further, if Defendant Victoria Yeager is attempting to appear in her capacity as an executor, she is required to have counsel. Moreover, CCP section 377.41 provides, �On motion, the cour...

Excerpt: ...laim 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 o...

Excerpt: ...h plaintiff complains were taken in furtherance of defendant�s right 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 th...

Excerpt: ... comply with the requirements of Section 405.22 (see �405.23); claimant failed to establish the probable validity of a real property claim by a preponderance of the evidence (see �405.32); claimant is secured by an undertaking (see �405.33); and, claimant failed to file an undertaking ordered by the court (see �405.34). Kirkeby v. Sup. Ct. (2004) 33 Cal. 4th 642, 648. When a motion to expunge a lis pendens is filed, the burden is on the o...

Excerpt: ...ith the required specificity. As to the fifth cause of action for constructive fraud, the demurrer is sustained without leave to amend. Cross- complainants have failed to allege a confidential or fiduciary relationship. As to the twelfth cause of action for IIED, the demurrer is overruled. The facts set forth in the fraud claims are sufficient to allege extreme and outrageous conduct. As to the 13th cause of action for a civil RICO claim, the dem...

Excerpt: ... court were to deem such deposition to have previously occurred, the court finds good cause to allow an additional deposition on the new issues in the present case and, specifically, as to whom is the successor in interest is as to decedent Robert Cosick. As to the arguments relating to the right to privacy regarding estate planning documents, the court does find that such estate planning documents are generally protected by the privacy privilege...

Excerpt: ...012) �12:246. An attorney's declaration based upon hearsay is sufficient proof of the client's health condition. Ibid. at ��12:247 - 12:247.5. Judges have discretion to grant preferential trial settings where there is competent, clear and convincing evidence that a party suffers from a terminal illness and there is substantial doubt as to survival beyond six months. CCP �36(d); Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2012) ...

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...