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: [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: ...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] 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: [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: ...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: [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: ...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: ...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 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: ...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 ...