Excerpt: ...rt's order. The Court intends to set this matter for further evidentiary hearing on the issuance of a restraining order. Defendant will be permitted to file a written response to the petition. Counsel for the parties are to meet and confer in advance of the hearing to discuss agreeable dates for an evidentiary hearing. The parties shall also be prepared to address whether the reissuance of a temporary restraining order is appropriate during the p...

Excerpt: ...are awarded attorneys' fees in the amount of $66,668.00. Costs are awarded in the amount of $7,558.83. Plaintiffs shall submit a conforming order within seven (7) days of the Court's final ruling. No appearances are required. (1) Background This case involves a dispute between former landlords and tenants. Plaintiffs brought the present action alleging that Defendants damaged the subject real property (and its contents) during their lengthy tenan...

Excerpt: ...iles. (Evidence Code § 452(d).) Plaintiff is granted leave to amend and shall file an amended complaint within ten (10) days of this Court's order. Analysis (i) Legal Standard on Demurrer A demurrer is properly brought where defects appear on the face of the complaint or from a judicially noticeable matter. (Code of Civil Procedure §§ 430.10, 430.30, 432.10.) But “[w]hen any ground for objection to a complaint or cross‐complaint does not a...

Excerpt: ... involves employment‐related claims brought by former employee, Plaintiff Dylan Storey (“Storey”), whom Defendant claims was terminated for legitimate reasons insofar as he was an at‐will employee with no contract of employment for a definite term. Plaintiff's primary contention is that he was induced to move from Colorado with his family by virtue of Defendant Tahoe Sierra Eye & Optical's (“TSEO”) false employment promises and that h...

Excerpt: ...riefing and two supplemental declarations, including relevant attachments in support of the motion. The Court is tentatively satisfied of all of the following: (1) that the class should be provisionally certified; (2) that Class Counsel and the Class representative are appropriate for appointment; (3) that the proposed settlement agreement is fair and reasonable; (4) that the proposed class notice is adequate; (5) that the proposed cy pres recipi...

Excerpt: ... to the reasonableness/amount of the requested fees and provides the following analytic framework as a guidepost for such argument. A. Analysis “Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest[.]” (Code of Civil Procedure § 1021.5.) Our high court has defined the express criteria un...

Excerpt: ...proximately ninety (90) days will be granted. Discovery deadlines will track with the newly set trial dates as prayed. Appearances are required to set a new date for trial. The parties are to meet and confer in advance of the hearing to discuss agreeable trial dates. Motion for Continuance of Trial Dates In evaluating a motion for continuance, the Court is guided by consideration of the non‐exclusive list of factors contained in Rules of Court,...

Excerpt: ... made the requisite showings that discovery requests were timely propounded, the time for response has elapsed, and no answers, documents, requests for extensions, or other responses have been received. Defendant's motion to compel responses to the form interrogatories is thus granted as prayed. Defendant's motion to compel responses to requests for admissions is, for the reasons discussed more fully below, denied without prejudice. Defendant is ...

Excerpt: ...s as prayed in the amount of $2,860.00. (1) Background On or about August 2, 2022, Plaintiff served their special interrogatories set one, nos. 1‐74 (the “SROGS”) on Defendant. Plaintiff gave Defendant numerous extensions to answer the SROGS, which he ultimately did on or about October 14, 2022. Defendant objected to SROGS 36‐74 on the basis that the number propounded exceeded the maximum allowed under Code of Civil Procedure section 2030...

Excerpt: ...ions. In connection with its opposition to the motion to compel, Plaintiff also brings a request for judicial notice in a pending case in the California Supreme Court: Adolph v. Uber Technologies. For the reasons discussed more fully below, Defendant's motion to compel arbitration is granted in part and denied in part. Defendant's motion to compel arbitration of Plaintiff's individual PAGA claim is granted. Defendant's motion to dismiss the repre...

Excerpt: ...end is denied. McClain's unopposed request for judicial notice is granted in part and denied in part. A. Background The case centers on a dispute involving a 50‐foot‐wide, 435‐foot‐long gravel section of Murchie Mine Rd. to the east and west of the Stonebridge and Deer Creek Park neighborhoods (the “Easement”). There are two affected properties: one owned by the McClain Defendants (the “McClain Property”) and the other owned by th...

Excerpt: ...e, mistake, neglect, or other cause, may apply to the court … to file a cross‐complaint, to assert such cause at any time during the course of the action. The court … shall grant, upon such terms as may be just to the parties, leave … to file the cross‐complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of actions. The...

Excerpt: ...r and sanctions is continued on the Court's own motion to January 20, 2023, at 10:00 a.m., in Department 6. The Court is in receipt of Plaintiffs' counsel's declaration in support of its opposition to GVD's motion as well as its previous declarations of necessity (attached to GVD's moving papers). The Court is, however, still in need of additional information from Plaintiffs to assess whether the special interrogatories and requests for admission...

Excerpt: ...ts own files and records in that case. For the reasons discussed more fully below, the Court finds good cause to continue the impending trial under Rule 3.1332(c)‐(d). Defendant's motion is granted and a brief continuance will be granted. Discovery cut‐off and other deadlines will track with the newly set trial dates. Appearances are required to set a new date for trial. The parties are to meet and confer in advance of the hearing to discuss ...

Excerpt: ...vides in pertinent part: “The court may, upon any terms as may be just, relieve a party … from a judgment, dismissal, order, or other proceeding taken against him or her through … mistake, inadvertence, surprise, or excusable neglect.” For purposes of Section 473(b), the term “proceeding” is construed broadly and refers to effectively “[a]ll the steps or measures adopted in the prosecution or defense of an action.” (Zellerino v. B...

Excerpt: .... (1) Class Administrator The Parties have agreed to an estimated payment of no more than $7,000 to the proposed settlement administrator, Phoenix Settlement Administrators (“Phoenix”). Phoenix is tasked with sending class notices and generally administering this settlement. The Court is not initially satisfied for the purposes of preliminary approval that the payment to Phoenix is reasonable and appropriate at this time. Plaintiffs have not ...

Excerpt: ...endants' motion to strike or tax costs is granted in part and denied in part. As to Plaintiff's motion for attorneys' fees, it is granted as follows: Plaintiff is awarded attorney's fees in the amount of $949,592.62, consisting of a lodestar of $633,061.75 and a multiplier of 1.5. Plaintiff is also granted the additionally requested attorneys' fees incurred in connection with the present motion in the unadjusted amount of $8,704.50. As to Defenda...

Excerpt: ...lainant is granted leave to amend and must file her amended cross‐complaint within ten (10) days of this Court's order. Background Plaintiff in this matter is AFT Investors, LLC (“AFT”) and by verified complaint sues Defendants – Charles Smith, Tamara Smith, and Christine Felley (“Felley”) – for nonpayment of a written promissory note and for foreclosure on the deed of trust. AFT's complaint concerns three separate pieces of propert...

Excerpt: ... class notice is adequate; (5) that the proposed cy pres recipients are appropriate under Code of Civil Procedure section 384; (6) that the class administrator is appropriate and the proposed costs for such administration as reasonable; and (7) that the requested attorneys' fees and costs and class incentive payment are reasonable. The motion is thus granted as prayed. Counsel is directed to provide the Court with proposed dates for a hearing on ...

Excerpt: ...by the court].” Procedural requirements include: (1) a copy of the proposed amended pleading; (2) a separate declaration detailing the effect of the amendment, why it is necessary and proper, when the facts giving rise to the amended allegations were discovered, and why it was not made earlier. (Ca. Rules of Court, Rule 3.1324(a)‐(b).) General guidelines governing this type of relief provide that it should be requested promptly on discovery o...

Excerpt: ... of Civil Procedure section 1008. Defendant Vail's request for separate sanctions under Code of Civil Procedure section 473(b) and 128.7 are both denied. Sanctions are only available under Section 473(b) if Plaintiff prevails. As to the Section 128.7 request, such a request has not here “be[en] made separately from other motions or requests ….” Vail must, if it seeks sanctions under Section 128.7, bring a separate noticed motion for that pu...

Excerpt: ...y order. As discussed more fully below, Defendants' motion is granted in part and denied in part. Defendants' request for terminating sanctions in the form of a dismissal with prejudice is denied. Defendants' alternate request for an order “precluding Plaintiff from using any documents in this case including in opposition to any Motion for Summary Judgment or at trial” is also denied. Defendants' alternate request for evidentiary sanctions as...

Excerpt: ...Discussion: Plaintiff first attempted unsuccessfully to file its motion for summary judgment (“MSJ”) and supporting papers on August 18, 2022. Its supporting documents were successfully filed on the same date and include: (1) the separate statement in support of the MSJ; (2) a declaration from Plaintiff's counsel Ashley Mulhorn; (3) declaration of Plaintiff's qualified witness; (4) notice of lodging of proposed order; (5) a proposed order; an...

Excerpt: ...ion, opposition filings, as well as Plaintiff's reply. Plaintiff's motion is hereby denied on procedural grounds for failure to comply with Ca. Rules of Court, Rule 3.1113, to wit: for counsel's failure to provide a compliant memorandum in support of her motions. Plaintiff's motions are also facially untimely as plead, having been filed in excess of the time authorized under Code of Civil Procedure sections 430.40(b), 435(a)(2), and Rule 3.1322, ...

Excerpt: ...representative are appropriate for appointment; (3) that the proposed settlement agreement is fair and reasonable; (4) that the proposed class notice is adequate; and (5) that the requested attorneys' fees and costs and class incentive payment are reasonable. The Court is concerned, however, that Plaintiffs have not provided sufficient information to allow for the Court to assess the propriety of the proposed class administrator and the proposed ...

Excerpt: ...ially proper, and are set forth in a verified memorandum, the burden is on the objecting party to show that such costs are not properly chargeable or are unreasonable. (Nelson, supra, 72 Cal.App.4th at 130‐132.) If, however, the costs do not appear proper, if their necessity seems facially doubtful, and if the items are properly challenged, then the burden is on the party claiming the costs to establish their necessity. (Id .) “The court's fi...

Excerpt: ...with Ca. Rules of Court, Rule 3.1345; and (3) Plaintiff failed to adequately meet‐and‐confer before filing the present motion. First, the Court agrees that the motion was not timely served pursuant to Section 1005(b). Second, the Court agrees that Plaintiff's separate statement is not in compliance with Rule 3.1345, which is in and of itself a sufficient basis to deny Plaintiff's motion. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 894.) O...

Excerpt: ...n for a TRO or preliminary injunction, the Court should consider whether the defendant has voluntarily discontinued the wrongful conduct. (See Cisneros v. U.D. Registry, Inc. (1995) 39 Cal.App.4th 548, 574; see also California Service Station etc. Assn. v. Union Oil Co. (1991) 232 Cal.App.3d 44, 57.) This is because “[t]o authorize the issuing of an injunction it should appear with reasonable certainty that the wrongful acts will be continued o...

Excerpt: ...ted to address the question of mootness in their respective arguments. The operative complaint for purposes of the MSJ is Plaintiff's first amended complaint filed on or about October 21, 2019 (the “FAC”). The FAC originally contained eight (8) causes of action. County Defendants demurred to the second, third, and eighth causes of action. That demurrer was sustained without leave to amend pursuant to the Court's order on March 25, 2020. There...

Excerpt: ... Defendants' motion to compel responses to all the above‐noted discovery is granted. Monetary sanctions are awarded, but are, however, reduced to $1,632.05 as discussed below. No appearances are required. Discussion of Monetary Sanctions Plaintiff's failure to respond as to each of the above‐described discovery requests constitutes “misuse of the discovery process” within the meaning of Ca. Code of Civil Procedure § 2023.010(d) (“[f]ai...

Excerpt: ...by suffered “severe injury and pain.” The complaint was filed on or about August 9, 2021. On May 9, 2022, Plaintiff and/or her counsel failed to appear at the previously scheduled order to show cause (“OSC”) hearing and the Court dismissed the case without prejudice. Plaintiff now brings the present motion to set aside the dismissal pursuant to Code of Civil Procedure section 473 based on counsel's inadvertence, neglect, or mistake. (2) A...

Excerpt: ..., Wells Fargo, seeks damages in the amount of $6,435.06 for Defendant's alleged failure to remit payments on her credit card account. Defendant is self‐ represented and filed her answer to the complaint on or about May 31, 2022. On or about June 20, 2022, Plaintiff served its first set of discovery on Defendant; this discovery included “Request for Admissions – Set One” (the “Discovery”), which are the subject of the present motion. D...

Excerpt: ...nces.” Defendants allegedly do not pay rent, utilities, taxes, or any other associated costs in connection with their tenancy at the subject property. On or about June 21, 2022, Defendants were served with a sixty‐day notice of termination of tenancy. Plaintiffs thereafter filed the present action after Defendants allegedly failed to vacate the property Plaintiffs, Spencer and Juliette Shure, acting in their capacity as trustees of the Spence...

Excerpt: ...tated below, both motions are denied. Plaintiff's objections to Rees's evidence are sustained in part and overruled in part as discussed below. (1) Background This cases arises from a personal injury dispute involving then‐four‐year‐old Plaintiff, Julian Alvarado. Plaintiff alleges he was injured when struck by a vehicle while snow‐sledding with his family while in parking lot owned by Sugar Bowl. (Complaint ¶¶ 5‐6.) On the date in qu...

Excerpt: ... below, McClain's demurrer is sustained as to all three causes of action for failure to state facts sufficient to constitute a cause of action. Leave to amend is denied. McClain's unopposed request for judicial notice is granted and the Court will take notice of its prior ruling and order entered on June 17, 2022. Standard of Review: A demurrer is properly brought where defects appear on the face of the complaint or from a judicially noticeable m...

Excerpt: ...imely as plead, having been filed in excess of the time authorized under Code of Civil Procedure §§ 430.40(b), 435(a)(2), and Rule 3.1322, and submitted without a declaration to explain any delay or extension authorized or otherwise agreed upon by the parties. Plaintiff has also failed to provide the required meet‐and‐confer declaration. (Code of Civil Procedure § 430.41(a) [before filing a demurrer, “the demurring party shall meet and c...

Excerpt: ...he underlying action. (See Willdan v. Sialic Contractors Corp. (2007) 158 Cal.App.4th 47, 54 [good‐faith settlements under Section 877.6 preclude future contribution and equitable indemnity claims]; see also Far West Financial Corp. v. D & S Co. (1988) 46 Cal.3d 796, 817.) The protections sought by Oakview are legally available to cross‐defendants who settle with either a plaintiff or a cross‐complainant. (KAOM, Inc. v. Superior Court (1995...

Excerpt: ...ke may be directed against an entire pleading, or, as here, to one allegation in a single cause of action. (Code of Civil procedure § 435(b).) The motion can be used to strike irrelevant matter. (See American Aeronautics Corp. v. Grand Central Aircraft Co. (1957) 155 Cal.App.2d 69, 84.) In assessing the propriety of this motion, the Court considers only matters that appear on the face of the pleadings or that can otherwise be judicially noticed....

Excerpt: ...ow, the perfecting of the above‐noted appeal does not preclude the Court's consideration of Plaintiff's motion. Plaintiff's request for a preliminary injunction is, however, denied. Defendants' appeal of the denial of the motion to compel does not preclude the Court's consideration of Plaintiff's request for a preliminary injunction. Defendants filed an appeal of the Court's prior denial of their motion to compel arbitration in this matter. Def...

Excerpt: ...�Willful Failure to Warn” is hereby stricken. Plaintiff is granted leave to amend and shall file its amended pleadings within ten (10) days of the Court's order. Analysis A motion to strike may be directed against an entire pleading, or, as here, to one allegation in a single cause of action. (Code of Civil procedure § 435(b).) The motion can be used to strike irrelevant matter. (See American Aeronautics Corp. v. Grand Central Aircraft Co. (19...

Excerpt: ... to 2018. For the reasons stated more fully below, the motion is denied. Defendant has failed to show that there is a violation or even a threatened violation of the relevant Rules of Professional Conduct. Court's Authority to Disqualify Counsel There is no dispute in the law that the Court has the authority to disqualify counsel. (Code of Civil Procedure § 128(a)(5); Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113 [cou...

Excerpt: ...discovery referee be appointed for party and party‐ representative depositions, again with costs to be shared equally; or, as a second alternative, (3) that a referee be appointed solely for the purposes of conducting Plaintiff's deposition, even if costs must be borne exclusively by Plaintiff. For the reasons stated more fully below, Plaintiff's motion is denied as the requested relief does not appear presently to be “necessary” within the...

Excerpt: ...f the existence of the petition in the Sonoma County case. For the reasons discussed more fully below, Defendant's motion for change of venue is granted and the case is hereby transferred to Sonoma County. Defendant's request for attorney's fees and costs under Code of Civil Procedure § 369b(b) is denied as not timely raised in her initial moving papers. The request for fees was raised only in Defendant's reply brief and Plaintiff has not been p...

Excerpt: ...comply with Ca. Rules of Court, Rule 3.1113, to wit: for counsel's failure to provide a compliant memorandum in support of her motions. Plaintiff's motions are also facially untimely as plead, having been filed in excess of the time authorized under Code of Civil Procedure §§ 430.40(b), 435(a)(2), and Rule 3.1322, and submitted without a declaration to explain any delay or extension authorized or otherwise agreed upon by the parties. Plaintiff ...

Excerpt: ...ended cross‐complaint is to be filed within ten (10) days of the Court's order. Hayes's request to take judicial notice of the complaint is granted as to the document's existence, but not for the truth of its contents. Basic Standard of Review The Court's approach to a demurrer on a cross‐complaint is the same as for a demurrer to a complaint. It is raised only if the defects appear on the face of the cross‐complaint or from a judicially no...

Excerpt: ...f Civil Procedure § 382 has two minimum requirements to sustain a class action: (1) an “ascertainable” class; and (2) a well‐defined “community of interest” in questions of law and fact. (Dunk, supra, 48 Cal.App.4th at 1806; see also Sav‐On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319, 326.) As to the first element, for a class to be “ascertainable,” it must be sufficiently numerous such that it would be impractical ...

Excerpt: ...) for monetary sanctions in the amount of $3,410.00 to be split evenly between Mr. Mann and Ms. Thandi. Contempt Orders: In reviewing Plaintiff's request for contempt orders the Court is guided by Code of Civil Procedure section 1209 et seq. Plaintiff bases his present request on Mr. Mann's and Ms. Thandi's failure to comply with this Court's discovery ordered dated May 20, 2022 (the “Discovery Order”). Such is properly designated an allegati...

Excerpt: ...the above‐referenced motions. The Court further notes that Plaintiff is self‐represented, his counsel having been relieved by order of the Court on or about February 18, 2022. Defendants have made the requisite showings that discovery requests were timely propounded, the time for response has elapsed, and no answers, documents, requests for extensions, or other responses have been received. All of Defendants' motions are thus granted. Monetar...

Excerpt: ...easons for the same at the hearing. (See Stern v. Superior Court (2003) 105 Cal.App.4th 223.) The parties dispute the validity of the original loan, performance of the original loan, as well as title to the property pledged as security. The interests of justice would be best served by resolving all of these issues on the merits. (See e.g., Thatcher v. Lucky Stores, Inc. (2000) 79 Cal.App.4th 1081, 1085 [recognizing the “strong policy against di...

Excerpt: ...�), Nyaco, and Summit Restaurant and Bar (“Summit”); and (2) Defendant Summit's motion for joinder in the same. For the reasons stated below, Sugar Bowl's motion for summary judgment is granted as to Plaintiff's operative complaint as well as all of the derivative cross‐complaints against it. Plaintiff's evidentiary objections are overruled in part and sustained in part. Summit's motion for joinder is denied. (1) Background This cases arise...

Excerpt: ...equest for an order directing Plaintiff to immediately pay him $21,000.00 in connection with his unrelated decedent estate matter is denied as it is in excess of the Court's jurisdiction in an unlawful detainer matter. The Court also notes its concerns as to whether the summary nature of unlawful detainer proceedings would allow for damages based on theft of personal property. (See Ca. Code of Civil Procedure § 1174.) The Court has jurisdiction ...

Excerpt: ...ain by calculation[.]” And, further, they do not dispute the date of breach or the applicable rate of interest (10%) as contained in Section 3289. Defendant's sole contention in their opposition is that accretion of pre‐ judgment interest should effectively be tolled for a fourteen and one‐half month period, between February 1, 2021, when trial was set and April 19, 2022, when jury trial commenced, due to trial delays attributable to the CO...

Excerpt: ...hreshold matter, Plaintiff claims in his opposition that the public interest exception is applicable to the present case. The Court is not persuaded. To briefly restate the doctrine, Anti‐SLAPP protections are not available for cases involving: (1) enforcement actions brought in the name of the People of the State of California; (2) actions brought solely in the public interest or on behalf of the general public; and (3) actions involving comme...

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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...