Excerpt: ... Mar, California, 92625 for the purposes of a destructive testing Site Inspection within ten (10) business days of the Court's ruling. Defendants identify five different locations on the Property where they seek to perform subsurface exploration. Defendants seek to excavate a test pit at each location with varying dimensions — the largest being 18 inches by 18 inches, extending to a depth of approximately 36 inches. Defendant argues these excav...

Excerpt: ..., rather than judgment on a particular issue; that a party is only entitled to damages upon proof of liability for the underlying cause of action; that the amount of damages is merely an element of the cause of action; and that this is not a proper use of the summary adjudication procedure as adjudication must be of an entire “cause of action” or claim. Plaintiffs assert they are not asking the Court to issue an order that they should be awar...

Excerpt: ...rises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint. (Code Civ. Proc., S 426.10(c).) When a party fails to file a compulsory cross-complaint at the time of answering the complaint, whether through oversight, inadvertence, mistake, neglect, or other cause, that party may seek leave to file a cross-complaint at any tme during the course of the ac...

Excerpt: ... Civil Procedure section 1062.3 states: (a) Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law. (b) Any action brought under the provisions of this chapter in which the plaintiff seeks any relief, in addit...

Excerpt: ... amount of costs and ex#nses, including attorney fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.(Civ. Code, S 1794, The plain wording of section 1794, subdivision (d) requires the trial court to base the prevailing buyer's attorney fee award upon actual time expended on the case, as long as such fees are reasonably incurre...

Excerpt: ...(4) violations of Civil Code sections 2924 et seq., (5) violation of Business and Professions Ctxle sections 172W et seq., (6) quiet title, and (7) injunctive relief. The court need not reach the merits of the Demurrer because the Demurrer is untimely. A demurrer must be filed "within 30 days after service of the complaint." (Code Civ. Proc., S 430.40, subd. (a).) The "demurring party shall be granted an automatic 30- day extension of time within...

Excerpt: ...action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court." (Code Civ. Proc., S 525.) Pursuant to Code of Civil Procedure section 527: "A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affdavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary inj...

Excerpt: ...served, the proof of service fails to identify the individual on whom substitute service was effectuated, and service was not performed by a registered process server. Thus, the proof of service does not create a rebuttable presumption that service was proper. With regards to The Village Delrey Apartments LLC, Defendants argue there is no evidence of service. Plaintiffs do not oppose the instant motion. Unlike most motions where the moving party ...

Excerpt: ... Court finds this Motion was timely filed. (Code Civ. Proc., S 2025.480(b).) The disputed depositon questions are: • Do you agree that if there's two options, the reasonable person would choose the safer or the reasonable person should choose the safer of the two options? • Do you believe it would have been safer for pu to wait for the intersection to be clear pu made pur left — Defense counsel objected and instructed Defendant not to answe...

Excerpt: ...instant motion does not address all issues in Plaintiff's Complaint, and thus, did not negate all theories of liability alleged by the Plaintiff in his Complaint. There is a three-step analysis for the court to determine a summary judgment motion. (Hawkins v. Wilton (21W6) 144 Cal.App.4th 936, 939-940.) "First, we identify the issues raised by the pleadings. Second, we determine whether the movant established entitlement to summary judgment, that...

Excerpt: ...ormed without a contractor's license. Business and Professions Code secton 7031(a) expressly provides the following: "[NIO person engaged in the business or acting in the capacity of a contractor, 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 where a license is required by this chapter without alleging that they ...

Excerpt: ...a rough approximation of plaintiff's total recovery and the settlor's proportionate liability; • a recognition that the settlor should pay less in settlement than if found liable after a trial; • the financial conditions and insurance policy limits of the settling defendant; and • evidence of any collusion, fraud, or tortious conduct between the settlor and the plaintiffs aimed at making the non-settling parties pay more than their fair sha...

Excerpt: ... with the Court's May 24, 2023 Order granting Defendant's motons to compel production and responses to form and special interrogatories. The trial court should tailor the sanction for such conduct to "fit the crime." (Reedy v. Bussell 148 Cal.App.4th 1272, 1293.) The court cannot impose sanctions as punishment; the choice of sanctions should not give the moving party more than it would have gotten had the discovery been responded to. (Doppes v. B...

Excerpt: ...sts in the amount of $18,968.50. Motion is DENIED. No sanctions. Joinder (ROA 35) by Defendants ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, RACHEL M. SANDERS, and KARINE AKOPCHIKYAN is granted. The only thing that defendant needs to show to invoke the protection of the antiSLAPP statute is that plaintiffs lawsuit "arises from" defendant's exercise of free speech or petition rights as defined in Code of Civil Prmædures secton 425.16(e). [Equi...

Excerpt: ...mmons and complaint related to this lawsuit; (2) he is a resident of Montana; (3) he and his wife are separated; (4) his wife lives in Utah with her daughter, Sofia Chapparo, a minor; and (5) he has never resided or stayed at 13311 S. Fort Street in Draper, Utah. [ROA 15, Stringham decl., 2-4.1 "[Clompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.]" (Dill v. Berquist Constru...

Excerpt: ...to arbitrate.' [Citation]." (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396, emphasis in original.) The court is to determine whether a valid arbitration agreement exists, and if so, whether the agreement encompasses the dispute at issue. (Omar v. Ralphs Grocery co. (2w4) 118 cal.App.4th 955, 960-961, citing Howsam v. Dean Witter Reynolds, Inc. (2002) 537 U.S. 79, 84; Lifescan, Inc. v. Premier Diabetic Servs., Inc. (9th Cir. 20434) 363 F.3d...

Excerpt: ... merit if he has shown that one or more elements of the cause of action cannot be established, or that there is a complete defense to that cause of action. Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense. [Citations.]" (Caloroso v. Hathaway (2004) 122 Cal.App.4th 922, 926 (Caloroso).) The following facts regarding the...

Excerpt: ...ar accidents; (3) the City is entitled to design immunity and had no notice of any alleged dangerous condition; and (4) the Cross-complaint is barred by the Government Claims Act because Snell filed his pleading before submit-tng a government claim. Snell's Evidentiary Objections Objections 1-4: OVERRULED. The City's Evidentiary Objections Objections 1-3: OVERRULED. Snell's Cross-complaint against the City alleges a cause of action for Comparativ...

Excerpt: ... S 473(a).) When a party seeks to amend a pleading, the motion to amend must include a copy of the proposed amendment, state the allegations to be deleted, and state allegations to be added. (Cal. Rules of Court, rule 3.1324, subd. (a).) Moreover, the moving party must submit a declaration that specifies: "(1) [t]he effect of the amendment; (2) [w]hy the amendment is necessary and proper; (3) [w]hen the facts giving rise to the amended allegation...

Excerpt: ...laintiff's request to postpone the deposition until the question of stand-ng is adjudicated on Demurrer and agrees to limit request numbers 3 and 4 to the years 2022-2023 and to retract request number 7 pertaining to fraud. Thus, the only remaining issues are whether Plaintiff's deposition should be limited to two hours and whether Plaintiff should be protected from producing his tax returns. Plaintiff's only argument in support of the request to...

Excerpt: ... Plaintiff timely amended to add the following material allegations: • Around April 2021, Plaintiff emailed Defendant's agent an offer to stay in the apartment after the expiration of a lease in exchange for no increase in rent (FAC at p. 2, II. 3-5); Defendant's acceptance of the same rent for a year was a manifestation of acceptance, as it would not have happened without Plaintiff's offer (FAC at p. 2, II. 15-18); • There was no explicit re...

Excerpt: ...d the second cause of action fails to allege the element of duty and there was no fiduciary relationship between JMG and Tolman Wiker outside the bounds of the procurement of insurance. The parties were required to meet and confer in person or by telephone. Counsel for the demurring party called Plaintiff's counsel on May 30 and 31, 2023, but her calls were not returned. She sent an email requesting to meet and confer telephonically. On June 1, 2...

Excerpt: ... specified in the notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [q] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040... " Beverly Hospital v. Superior Court (1993) 19 Cal.App.4th 1289, 1294-1295, states, "The purposes of Califo...

Excerpt: ...ubdivision (h). The court DENIES the Motion as to Exhibits 14 and 15. The court GRANTS Plaintiff's (Ashley Raminfard) Request for Judicial Notice (PRJN), filed on 9-19-23 under ROA No. 254, as to Exhibits 1, 2, 3, 4, and 5 pursuant to Evidence Code section 452, subdivision (h). The court DECLINES to rule upon Defendants' Objections, filed on 9-25-23 under ROA No. 261, as immaterial the court's decision as set forth below. (Code Civ. Proc., S 437c...

Excerpt: ...tion as to the entire Seventh Cause of Acton based on the grounds set forth in Issue No. 21, but not the grounds set forth in Issue No. 23. There was no piecemeal adjudication of the Seventh Cause of Action. "A motion for summary adjudication shall be granted only it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Code Civ. Proc. S 437c(f)(1).) Soderling Defendants to give notice. Plai...