Excerpt: ...ute is permissive, the court determines that an order allowing attorney�s fees and costs is appropriate for this case. �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 facto...

Excerpt: ...of section 815.6 requires that the enactment at issue be obligatory, rather than merely discretionary or permissive, in its directions to the public entity; it must require, rather than merely authorize or permit, that a particular action be taken or not taken.�). Thus, the claim is not adequately pled. As to the fifth cause of action �pursuant to section 815.2 of the Government Code, the law was settled by Van Kempen v. Hayward Area Park etc...

Excerpt: ...bar to claims re express indemnity agreements); Weil & Brown, Cal. Prac. Guide: Civ. Pro Before Trial (The Rutter Group 2010) ��12:910 and 12:925. Judges� have limited discretion in ruling upon a motion for good faith settlement, and the rulings must be made �in view of the equitable goals of the statute, in conformity with the spirit of the law and in a manner that serves the interests of justice�, and must serve the goals of �encour...

Excerpt: ...s. Defendants did not assert arbitration as a defense in their May 2019 answer; defense counsel has made statements as recent as 4 September 2019 about their desire to litigate the matter through trial; defendants delayed their demand for arbitration for months after plaintiff�s March 2019 complaint and defendants� May 2019 answer without any persuasive justification as to why the demand was not made earlier; defendants have fully participate...

Excerpt: ...�� Code Civ. Proc., � 438. �Under general rules of civil procedure, an answer must contain �[t]he general or specific denial of the material allegations of the complaint controverted by the defendant� and �[a] statement of any new matter constituting a defense.� (Code Civ. Proc., � 431.30, subd. (b)(1) & (2).)� Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758, 812. � � The phrase �new matter� refers to ...

Excerpt: ... a wrongful use or with an intent to defraud, or both.� Wood v. Santa Monica Escrow Co. (2007) 151 Cal. App. 4th 1186, 1189. Plaintiff has not clearly set forth these required elements. While it appears that Plaintiff may be contending that Defendant wrongfully took real property belonging to decedent, there are no clear allegations as to what real property was taken or how there was a wrongful use or intent to defraud. Plaintiff must clearly s...

Excerpt: ...continuing or recurring obligation: �When an obligation or liability arises on a recurring basis, a cause of action accrues each time a wrongful act occurs, triggering a new limitations period.� (Hogar Dulce Hogar v. Community Development Commission (2003) 110 Cal.App.4th 1288, 1295, 2 Cal.Rptr.3d 497.) Because each new breach of such an obligation provides all the elements of a claim�wrongdoing, harm, and causation (Pooshs v. Philip Morris...

Excerpt: ... hostile to the true owner; d. under claim of right; and e. for the statutory period of five years. Otay Water Dist. v. Beckwith (1991) 1 Cal.App.4th 1041, 1045. Here, Plaintiff has adequately alleged each and every element. The use alleged is �parking.� Nowhere in the first amended complaint does Plaintiff seek ownership or exclusive rights, which would be a claim for adverse possession. Plaintiff seeks only a non-exclusive prescriptive ease...

Excerpt: ...how 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 the moving party showed facts justifying a judgment in movant's favor; and (3) determine whether ...

Excerpt: ... is a permissive cross-complaint, governed by Code of Civil Procedure section 428.50(c) which states: �A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.�� Crocker Nat. Bank v. Emerald (1990) 221 Cal.App.3d 852, 864. It is also governed by Code of Civil Procedure sect...

Excerpt: .... Otay Water Dist. v. Beckwith (1991) 1 Cal.App.4th 1041, 1045. Here, Plaintiff has adequately alleged each and every element. The use alleged is �parking.� Nowhere in the first amended complaint does Plaintiff seek ownership or exclusive rights, which would be a claim for adverse possession. Here, however, Plaintiff seeks only a non-exclusive prescriptive easement for ingress, egress, and parking. As such, the first amended complaint is adeq...

Excerpt: ...ng and expensive processes.� Provost v. Regents of University of California (2011) 201 Cal.App.4th 1289, 1298. On a motion to enforce a settlement under section 664.6, a trial court has jurisdiction �to provide any appropriate equitable remedy.� Lofton v. Wells Fargo Home Mortgage (2014) 230 Cal.App.4th 1050, 1061�1062. �A party to a contract has two different remedies when it has been injured by a breach of contract . . . and lacks the...

Excerpt: ...est for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, illness, or other excusable circumstances; (3) The unavail...

Excerpt: .... The declaration for the additional fees is not made on personal knowledge. Thus, the court limits the attorney�s fees award to only those incurred by attorney Baillio personally. The fees and costs awarded are $900.00. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order. This is t...

Excerpt: ... to the true owner; d. under claim of right; and e. for the statutory period of five years. Otay Water Dist. v. Beckwith (1991) 1 Cal.App.4th 1041, 1045. Here, Plaintiff has adequately alleged each and every element. The use alleged is �parking.� Nowhere in the first amended complaint does Plaintiff seek ownership or exclusive rights, which would be a claim for adverse possession. Here, however, Plaintiff seeks only a non-exclusive prescripti...

Excerpt: ...h 814, 823. CRC 3.1332 provides, Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailabili...

Excerpt: ... allowing leave to amend. McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 78; Weil & Brown, Cal. Prac. Guide: Civ. Pro. Before Trial (The Rutter Group 2010), �7:130 (citing Goodman v. Kennedy (1976) 18 Cal.3d 335, 349). Because defendant has failed to show the court that the pleading can be amended successfully, leave to amend is denied. Plaintiff is entitled to judgment of $12,528.61 in principal, plus costs and attorney�s ...

Excerpt: ...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 (2005) 135 Cal. A...

Excerpt: ...iness and Professions Code section 6068, subdivision (e) and rules 1.6 and 1.9(c) that is material to the matter; unless the former client gives informed written consent. �After termination of a lawyer-client relationship, the lawyer owes two duties to a former client. The lawyer may not (i) do anything that will injuriously affect the former client in any matter in which the lawyer represented the former client, or (ii) at any time use against...

Excerpt: ...Plaintiff�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. Angela L. Bradrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. If the parties wish to argue at the hearing, they must notify...

Excerpt: ...radrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. Any party who does not wish to stipulate to her hearing this matter must notify the other parties and then notify the Court's judicial assistant at (530) 265-1380, by 4:00 p.m. on the court day prior to hearing. Since no judge will be available for this law and motion calendar, if ...

Excerpt: ...e 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. See also Baldwin v. Home Sav. of Am. (1997) 59 Cal. App. 4th 1192, 1199 (noting that 1992 amendment to CCP �1008 tightened diligence requirements). Disagreement with a ruling is not a new fact that will support the granting o...

Excerpt: ... that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. 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) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentati...

Excerpt: ...ng party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. 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) 265-1380 by 4:00 p.m. the court day before the hearing. If you do...

Excerpt: ... (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 of the parti...