Excerpt: ... either Government Code S 815.2 or 815.4. (Code Civ. Proc., S 430.10, subd. (e).) 2. Plaintiff failed to allege sufficient facts to state a statutory basis for a claim of breach of a mandatory duty for direct liability against the County under Government Code S 815.6. (Code Civ. Proc., S 430.10, subd. 3. Plaintiff failed to allege sufficient facts to state a claim against the County because Plaintiff did not comply with and does not allege compli...

Excerpt: ...ehicle" alleges Defendant Delgado-Garcia was operating a motor vehicle owned by Defendant Coronado with her permission and Defendants Davis and The Car Store entrusted the motor vehicle, while the 2nd cause of action for negligence alleges Plaintiff was driving a car owned by Defendant Car Store with Defendant Davis' permission and Defendant Delgado- Garcia was driving a vehicle owned by Defendant Coronado. Defendant Davis argues the complaint fa...

Excerpt: ...ult on the part of the indemnitor and (2) resulting damages to the indemnitee for which the indemnitor is ... equitably responsible." ' [Citation.]" To qualify for declaratory relief, a party must show (1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to the rights or obligations of a party. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 545.) Summit Financial Holdings, Ltd. v. Continen...

Excerpt: ...te of Limitations A demurrer on limitations grounds will not lie where the action may be, but is not necessarily barred: it must appear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barred. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232). under California law, the statute of limitations for a fraud claim is three years. (Code Civ. Proc., S 338(d)). Plaintiff argues delayed discovery. The delayed d...

Excerpt: ...ce forum selection clauses contained in a contract freely and voluntarily negotiated at arm's length unless enforcement would be unfair or unreasonable. Although the forum selection clause here is contained in an adhesion contract, that clause in an adhesion contract is enforceable even though the defendant did not actually read as long as the clause provided adequate notice to the defendant that he was agreeing to the jurisdiction cited in the c...

Excerpt: ...eeded to gain access through that entry point at the Hamilton Gate entrance to what we call Strip 2 of the Easement" (ld. at 23:4-7); 3. "The Hickey Gate on the south part of the 25 acre will be coded" (ld. at 23:12-14.); 4. There will be an easement granted to Mr. Thier that provides for "vehicular and pedestrian, as well as equestrian rights but only as equestrian rights as [tol Strip 1, and usage for the Strip 1 for equestrian purposes is limi...

Excerpt: ...Motion to Compel Production 10) Motion to Compel Response to Requests for Admissions 11) Moton to Compel Response to Requests for Admissions 12) Motion to Compel Response to Requests for Admissions 13) Motion to Deem Facts Admitted Motion 1 Defendant Newrez, LLC F/K/A New Penn Financial, LLC, D/8/A Shellpoint Mortgage Servicing's (Defendant)'s Motion to Compel Further Responses to Interrogatories, filed 2-17-23 under ROA No. 279 is GRANTED in par...

Excerpt: ...rogatories, Sets One from Defendant FEC and General Form Interrogatories from Defendant David Limones. Preliminarily, the Court notes that each opposition to each motion before the Court today was filed and served 4 days late, on 9-25-23 instead of 9-21-23, when they were due. The Court will exercise its discretion to consider the merits of each opposition given that Plaintiff filed substantive replies to each opposition. 1. Merits Code of Civil ...

Excerpt: ...n counsel for each party, plaintiff Noel Duarte and defendant Lisa Rochelle Siegel-Foigelman shall only appear at depositons in the above-captioned action by remote video or audio conference, and not in person. 2. Absent written agreement between counsel for each party, plaintiff Noel Duarte and defendant Lisa Rochelle Siegel-Foigelman shall only appear at pre-trial court hearings in the above-captioned action by remote video or audio conference,...

Excerpt: ...t related to this action be barred. Circle K Defendants' motion previously came on for hearing on 9-14- 23. The motion was continued to 9-28-23 to allow Defendants to respond to Circle K Defendants' settlement agreement submitted with their reply pursuant to Mediplex of California, Inc. v. Superior Court (1995) 34 Cal.App.4th 748, 754. Defendants filed their supplemental opposition on 9-21-23 and Circle K Defendants filed their supplemental reply...

Excerpt: ...ties Agency (2011) 198 Cal. App. 4th 611, 529.) No later than 10/13/23, Defendants shall file and serve a supplemental brief, not to exceed five pages, stating what issues remain to be decided via demurrer in light of the Court's ruling on their ant-SLAPP moton to strike. Plaintiff may file and serve a responsive supplemental brief, not to exceed five pages, regarding the demurrers no later than 10/18/23. Ant-SLAPP Motion to Strike The Anti- SLAP...

Excerpt: ...9241(a) prov-des: "In the event that a trustee under a deed of trust is named in an action or proceeding in which that deed of trust is the subject, and in the event that the trustee maintains a reasonable belief that it has been named in the action or proceeding solely in its capacity as trustee, and not arising out of any wrongful acts or omissions on its part in the performance of its duties as trustee, then, at any time, the trustee may file ...

Excerpt: ...ries 8) Motion to Compel Production Defendant and Cross Defendant Linda Votaw mcwes to compel Defendant, Cross-Defendant and Cross-complainant Aaron Brower to serve further verified responses, without objections, to: (1) Form Interrogatories, Set One, Interrogatory Nos. 2.3-2.4, 7.1-7.3, 8.2-8.8, 9.1-9.2, 12.1-12.7, 13.1-13.2, 14.1-14.2, 15.1, 17.1, and 50.1- 50.6; (2) Special Interrogatories, Set One, Interrogatory Nos. 27-44, 69-80, and 84-92; ...

Excerpt: ...eeded to gain access through that entry point at the Hamilton Gate entrance to what we call Strip 2 of the Easement" (ld. at 23:4-7); 3. "The Hickey Gate on the south part of the 25 acre will be coded" (ld. at 23:12-14.); 4. There will be an easement granted to Mr. Thier that provides for "vehicular and pedestrian, as well as equestrian rights but only as equestrian rights as [tol Strip 1, and usage for the Strip 1 for equestrian purposes is limi...

Excerpt: ...to their motions. In future, counsel shall file any separate statement as a separate document for the Court's review. Code of Civil Procedure section 2030.300 states in part, "(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise o...

Excerpt: ... "(a) Except as otherwise provided in Section 396a [not applicable here], if an action or is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answe...

Excerpt: ...gence Defendants argue that the first cause of achon is barred by the statute of limitations in Code of Civil Procedure section 340.5 for professional negligence. Plaintiff's Opposition concedes that the first cause of achon is barred by the statute of limitations. (Opposition, 2:19- 20.) Therefore, because Plaintiff concedes as to this cause of action, the demurrer to this cause of action is SUSTAINED. Because Defendants demur based on the statu...

Excerpt: ...tion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion." "The Discovery Act requires that, prior to the initiation of a moton to compel, the moving party declare that he or she has made a reasonable and good faith attempt to obtain an informal resolution of each issue. This rule is designed to encourage the parties to work out their differences informally so as to avoid t...

Excerpt: ....290 states, in part, "If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to priNluce wr-tings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) . ['ll ...

Excerpt: ...Civil Procedure section 437c(f)(1) provides: "[al party may mcwe for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of achon has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is...

Excerpt: ...[alny party to an action in which it is alleged that two or more parties are joint tortfeasors...shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors..." The fundamental inquiry in a good faith hearing, pursuant to Code of Civil Procedure 5877.6, is whether the settling Defendant is paying the Plaintiff an amount that is so far below Defen...

Excerpt: ...eeded to gain access through that entry point at the Hamilton Gate entrance to what we call Strip 2 of the Easement" (ld. at 23:4-7); 3. "The Hickey Gate on the south part of the 25 acre will be coded" (ld. at 23:12-14.); 4. There will be an easement granted to Mr. Thier that provides for "vehicular and pedestrian, as well as equestrian rights but only as equestrian rights as [tol Strip 1, and usage for the Strip 1 for equestrian purposes is limi...

Excerpt: ...ovides in pertinent part: (b) The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: ... (4) That the inspection, copying, testing, or sampling be made only on specified terms and conditions. (5) That a trade...

Excerpt: ...pute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.)" (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, "In the construction of a pleading, for the purpose of determining its effect, its allegations must be ...

Excerpt: ...for judicial notice pursuant to Evidence Code S 452(h). Defendants Rena Akhlaghi and Farideh Akhlaghi's Motion to Strike is DENIED as MOOT in light of the Court's ruling on the Demurrer. Demurrer Sham Pleading Defendant argues that Plaintiff should not be allowed to amend his pleadings because the facts alleged regarding the amount due is incorrect and any subsequent complaint will be a sham. under the sham pleading doctrine, the trial court may ...