Excerpt: ... had no “notice, actual or constructive” - vague and ambiguous, lack of foundation, improper conclusion), objection no. 5 (Th e f ir s t four sentences subject to objection starting with “In 2019, I was approached by David Pettis … in Grass Valley, California,” and ending with “In exchange, any funds … toward purchase of these properties.” - hearsay), objection no. 7 (hearsay, lack of foundation). All other objections are overrule...

Excerpt: ...be d by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 60 days within which to make a motion to vacate or modify the renewal. (b) Until proof of service is filed pursuant to subdivision (a), no writ may be issued, nor may any enforcement proceedings be commenced to enforce the judgment, except to the extent that the judgment would be enforceable had it not been renewed. “[T]here is no specified time perio...

Excerpt: ...urden of demonstrating that the exercise of jurisdiction would be unreasonable.” Snowney v. Harrah's Entertainment, Inc. (2005) 35 Cal.4th 1054, 1062 (quotations omitted). “Generally speaking, a civil court gains jurisdiction over a person through one of four methods. There is the old -fashioned method —residence or presence within the state's territorial boundaries. There is minimum contacts —activities conducted or effects ge ne...

Excerpt: ...rge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.” Ib id . “[I]n order to establish a prima facie case of retaliation under the FEHA, a plaintiff must show (1) he or she engaged in a “protected activity,” (2) the employer subjected the employee to an adverse em...

Excerpt: ...f 's complaint lacks any information about dates or frequency of incidents and accusations that would allow the court to evaluate the totality of the circumstance s. Further, defend ant's accusations of a wide -ranging and successful criminal enterprise masterminded by plaintiff would appear to be inconsistent w it h a g e d is c r im in a t io n . Fif t h Ca u s e o f Ac t io n : ove rrule d. The litany of crimes defendant accuses p la in t if f...

Excerpt: ...at issue in t h e c iv il a c t io n ; (2 ) t h e p la in t if f 's s ig n if ic a n t in t e r e s t in p r o c e e d in g e xp e d it io u s ly with the civil action, and the potential prejudice the plaintiff could suffer with respect to t he loss of evidence or fading of recollections by the passage of time; (3) the moderate burden imposed by the civil action on the defendant who will need, with the assistance of counsel, to make thoughtful de...

Excerpt: ...r their quasi -marital interest in property may not be commenced or maintained under this title [10.5].” Resolution of this issue require s the court to consider whether it will recognize the decree of divorce of the parties by the Dubai Court of First Instance in the United Arab Emirates (“UAE”). The United States is not a party to the Hague Convention on the Recognition of Divorces and Legal Separations, done at the Hague, June 1, 1970 (9...

Excerpt: ...nt, courts must apply a three -step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether the 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; McGa rry v. Sa x (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oaksha...

Excerpt: ...mortgagor or trustor and who is potentially eligible for any fe de ral, st at e , or proprie t ary fore closure pre ve nt ion alt e rnat ive program offered by, or through, his o r he r mort gage se rvice r.” (Civil Code § 2920.5(c)(1).) As Plaintiff has alleged only that his parents were the borrowers, and the HBOR does not extend protections to the Personal Representative of the Estate of a deceased borrower, he does not have standi ng. Thus...

Excerpt: ...article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. The statute is designed to protect defendants “from the annoyance of having unmeritorious claims against them unresolved for unreasonable periods of t im e . ” ( Muno z v. Cit y o f Tracy (2015) 238 Cal.App.4th 354, 359. ) “If o n ap p e al an o rd e r grant ing a ne w t rial is affirme d o r a jud gme nt is re ve rse d and ...

Excerpt: ...t s h e ll, p la in t if f alleges that Defendants have improperly overridden diagnosis and treatment protocols recommended by Plaintiff's medical professionals, specifically his successful chiropractic treatment, and changed them to lesser treatments that are not proper or adequat e to treat Plaintiff's condition. ( Se e Amended Complaint including ¶ ¶ 1 -10.) First, each of the claims fail on their face to state sufficient facts to constitute...

Excerpt: ...] section 1161, subdivision 2 (section 1161(2).) ( Kwok v. Be rgre n (1982) 130 Cal.App.3d 596, 599– 600, 181 Cal.Rptr. 795.) [A] three -day notice must include “the amount which is due.” (§ 1161(2).) A notice that seeks rent in excess of the amount due is invalid and will not support an unlawful detainer action. (Er n s t Enterprises, Inc. v. Sun Valley Gasoline, Inc. (1983) 139 Cal.App.3d 355, 359, 188 Cal.Rptr. 641 (Ernst ).) In additio...

Excerpt: ...has read and considered those briefs . Subdivision (f)(2) of section 437c provides that “a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of the court, newly d iscovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. ” Here, the court has closely exa...

Excerpt: ...hat (1 ) he was a member of a protected class, (2) he was performing c o m p e t e n t ly in h is p o s it io n , (3) he suffered an adverse employment action, and (4) he suffered the adverse action under circumstances that give rise to an inference of unlawful discrimination. Guz v. Be ch t e l Na t ion a l, Inc. (2000) 24 Cal.4th 317, 355. “To qualify as a member of the protected class under FEHA [based on disability], [the plaintiff] must de...

Excerpt: ...Evidence Plaintiff's Objection to paragraph 7 of the Declaration of Brian Shaw filed on February 9, 2023, is overruled. The court need not address the other objections as the challenged paragraphs are immaterial to the issues raised in this motion. 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 ...

Excerpt: ...the judgment of a court of a foreign nation when the foreign court had proper jurisdiction and enforcement does not prejudice the rights of United States citizens or violate domestic public p o lic y .” In re Stephanie M. (1994) 7 Cal.4th 295, 314, c it in g Hilt on v. Gu yot (1 8 9 5 ) 159 U.S. 113, 202– 203; Vic t r ix S.S. Co ., S.A. v. Sa le n Dr y Ca r go A.B. (2d Cir.1987) 825 F.2d 709, 713. “Ext e n s io n o r d e n ia l o f c o m it...

Excerpt: ... by January 18, 2024. Further, service by mail was required to be completed by January 13, 2024. Here, the motion appears to have been served also on January 19, 2024. Additionally, on the merits, Plaintiff contends that the prior motion for summary judgment was filed pursuant to Rule 56, not C.C.P. section 437c. However, Rule 56 is a Federal Rule of Civil Procedure, and not a California rule of civil procedure. Thus, the argument is without meri...

Excerpt: ...the first cause of action is denied. Their motion for summary adjudication of the second cause of action is granted. Summary Judgment Standard Blackwell v. Vasilas (2016) 244 Cal.App.4th 160, 167–168 summarizes the applicable standard: A defendant is entitled to a summary judgment on the basis that the “action has no merit” (Code Civ. Proc., § 437c, subd. (a)) only where the court is able to determine from the evidence presented that “th...

Excerpt: ...mmary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. " ' Le Francois v. Goel (2005) 35 cal.4th 1094, 1098 ("In this case, the individual defendants filed a new moton for summary judgment that did not satisfy...

Excerpt: ... (compelling initial interrogatory responses), 2031.300 (compelling initial document requests). A motion to compel initial discovery responses need not show good cause, meeting and conferring, or timely filing, and need not be accompanied by a separate statement. Sinaiko Healthcare Consulting. Inc. v. Pac. Healthcare Consultants (2007) 148 Cal. App. 4th 390, 404. Here, the opposition states that there was no meaningful meet and confer effort. How...

Excerpt: ...contract." Ibid. As for the third cause of action, " ' [i]f the allegations do not go beyond the statement of a mere contract breach and, relying on the same alleged acts, simply seek the same damages or other relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated.' " Lewy v. Only Cremations for Pets. Inc. (2020) 57 Cal.App.5th 203, 215, Careau & Co. v. Secu...

Excerpt: ...ls to provide any facts to support such claim. There is no attachment to the form complaint providing the required details. As to the third cause of action for "other," the claim fails to state a cause of action because the complaint fails to provide any facts to support such claim. There is no attachment to the form complaint providing the required details. Also, to describe the "other" cause of action, Plaintiff states "stated in computer %.!" ...

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: ...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: ..."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: ...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: ... 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: ...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: ...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: ... 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." ...

Excerpt: ...hat he could take advantage of me"- foundation, speculation. All other objections are overruled. The Court sustains the following objections (in whole or part) by Plaintiff to the Fitzhugh Declaration: (1) Objection 1 — foundation, conclusion, expert opinion; (2) Objection 4 — foundation, speculation; (3) Objection 7 in part, to wit: "Ms. Rith must have been able to...work." — speculation; (3) Objection 16 hearsay ; (4) Objection 17 in part...

Excerpt: ...ds outlasts its jurisdiction to grant relief pursuant statute, its inherent power is narrower than its ability to grant relief under 473(b), and it is exercised only in exceptional circumstances. (See, e.g., Rappleyea v. Campbell (1994) 8 Cal.4th 975, 98; Mechling v. Asbestos Defendants (2018) 29 Cal.App.5th 1241, 1246. In considering a request for relief from default on equitable grounds, courts apply a three-part test: "first, the defaulted par...

Excerpt: ...ng the appropriate penalty, and we must uphold the court's determination absent an abuse of discretion. [Citation.] We defer to the court's credibility decisions and draw all reasonable inferences in support of the court's ruling. "Despite this broad discretion, the courts have long recognized that the terminating sanction is a drastic penalty and should be used sparingly. [Citation.) A trial court must be cautious when imposing a terminating san...

Excerpt: ...eady parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. If he has not been so joined, the ...

Excerpt: ...ive condition existed aside from the lack of a "Certificate of Occupancy," and have also failed to set forth any specific damages. Defendant RCl's unopposed Motion to Strike is granted without leave to amend. Plaintiffs have failed to show that any acts committed by RCI were willful, reckless, or done in conscious disregard for the safety and rights of others. The burden is on the complainant to show the court that a pleading can be amended succe...

Excerpt: ...rty's project and to allow project activities unaffected by the air quality issue with the EIR found by the Court of Appeal to move forward while the City revises the EIR at issue. Petitioner Community Environmental Advocates oppose the same. Save Our Capitol! v. Department of General Services (2023) 87 Cal.App.5th 655, delineates the applicable standard for the request made: CEQA "allows a trial court to leave project approvals in place. CEQA do...

Excerpt: ...o. (1996) 48 Cal.App.4th 1794, 1802.) Counsel should include additional information regarding the specific documents reviewed and the extent of discovery conducted prior to agreeing to settle the case. (2) Plaintiff has not submitted a declaration from the proposed class representative evidencing that she has agreed to act as the same and understands her responsibilities. (See Soderstedt u CB/Z Southern California, LLC (2011) 197 cal.App.4th 133,...

Excerpt: ...kin presiding. A judgment was thereafter entered in favor of Plaintiffs in the amount of $88,304.53 against Defendant Forest River, Inc. ("Forest River"). An additional $12,962.00 was awarded to Plaintiffs against both Forest River and Timothy DeMartini d.b.a. DeMartini RV Sales ("DeMartini"). Plaintiffs were determined to be the prevailing party and the amount of attorneys' fees, costs, and expenses to be awarded were deferred until such time as...

Excerpt: ...iction of emotional distress occurring in connection with Plaintiff's prior employment with BMI. Plaintiff moves to strike BMI's verified answer averring that its corporate status has been suspended/forfeited since on or about January 4, 2021, as a result of its failure to comply with Franchise Tax Board ("FTB") requirements (failure to file tax returns as required). Plaintiff contends that, as a forfeited corporation, BMI is disallowed from defe...