Excerpt: ...nty, Rosser's professional services fell below the standard of care, leading to costly delays in approvals and bidding. According to the County, the project has never been completed and Rosser recently walked off the job, citing financial collapse. On 07/12/19, County filed suit against Rosser for negligence, breach of contract and declaratory relief. Rosser responded with an answer, and a cross-complaint against these demurring parties among oth...

Excerpt: ...writ of attachment upon the filing of an undertaking in the amount of $10,000. Cardenas is to submit a proposed order on Judicial Council Form AT-120 that conforms to the foregoing. In the proposed order, the parcels of real property Cardenas seeks to attach should be identified by their full legal descriptions rather than just their APN numbers. In addition, the clerk is ordered to seal the Long Declaration (ROA 559). Exhibit D to the Long Decla...

Excerpt: ...of sending the entire amount to plaintiff. The Court seriously questions the logic and legal basis of plaintiff's counsel argument that he is entitled to the agreed upon settlement amount without consideration of the lienholder's lien. Nonetheless, as there did not appear to be a meeting of the minds, the Court vacated the judgment on 11/20/20 per Ford's request. Immediately following that ruling, in attempting to play a procedural game of “got...

Excerpt: ...ted as true for the purpose of ruling on the demurrer. (See Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) If a demurrer is sustained as to any cause of action or causes of action, it is an abuse of discretion to deny leave to amend if there is any reasonable possibility that plaintiff can state a good cause of action. (See Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Plaintiff's sole cause of action is sty...

Excerpt: ...h of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. See Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurr...

Excerpt: ...f Contract Demurrers are sustained with leave to amend. There are a number of deficiencies in the pleading. Paragraph 29 refers to a breach of the Business Purchase Agreement, which is attached to the pleading as Exhibit 1. (See CC ¶ 16, 29.) However, the exhibit is illegible. The Court therefore orders the cross-complainants to attach a legible copy in the next pleading. The obligations in that writing appear to have been undertaken by a nonpar...

Excerpt: ...concert with an ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of acts constituting the enjoined public nuisance, having a common name or common identifying sign or symbol and whose members individually or collectively engage in the acts constituting the enjoined public nuisance. The participation or acting in concert must be more than nominal...

Excerpt: ...ranted Defendant Andrade's application for an order under Code of Civil Procedure section 877.6 determining the settlement between Defendant Andrade and Plaintiff to be in good faith. DLI contends it cannot be vicariously liable for Plaintiff's first cause of action based on the negligence of DLI's employee Edwin Andrade because Plaintiff has dismissed Defendant Andrade with prejudice pursuant to a settlement. In Mayhugh v. County of Orange (1983...

Excerpt: ...pport of the summary judgment motion. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.” (emphasis added). Nanigans moves, in the alternative, for summary adjudica...

Excerpt: ...ourt has exclusive jurisdiction to resolve discovery disputes. (Insurance Code § 11580.2(f); Miranda v. 21st Century Ins. Co. (2004) 117 Cal. App. 4th 913, 920–921.) Here, Respondent has met all procedural requirements for this Motion. Respondent has been attempting to depose Dr. Whitaker since 2015, with recent efforts in 2020 by videoconference because of Covid-19. When Dr. Whitaker did finally respond on October 27, 2020, he agreed to volun...

Excerpt: ...parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. A court ruling on a motion under 3.769 must determine whether the parties entered into a valid and binding settlement. A settlement is enforceable under section 664.6 only if the part...

Excerpt: ...aring. As explained by the Court in Lambert v. Superior Court (1991) 228 Cal.App.3 rd 383, an “owner need not wait until the claimant sues to enforce the lien; the imposition of that lien, and the owner's denial of its validity, comprise a controversy sufficient to permit an immediate suit for declaratory relief.” (Id. at 386). “Such a declaratory relief action can claim priority on the calendar of the trial court.” (Id.). “Thus by fili...

Excerpt: ...vision (b) . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person. (b) The following persons may make a motion...

Excerpt: ...eet and confer efforts were more than adequate, and Plaintiff has demonstrated good cause for the requested discovery. Defendants' non-appearance – following only days after confirming their attendance – was without any justification. Defendants' failure to oppose the Motion can be treated as an implied concession to the merits of the same. (See, e.g., Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20; see also, Sexton v. Superior Cou...

Excerpt: ...the Memorandum of Points and Authorities (“P&As”) only addresses two out of the four causes of action that are alleged against Bowermaster in the operative First Amended Complaint (“FAC”). Specifically, the FAC alleges four causes of action against Bowermaster: (i) the First Cause of action for Breach of Contract, (ii) the Second Cause of Action for Breach of the Duty of Good Faith and Fair Dealing, (iii) the Third Cause of Action for Pro...

Excerpt: ... must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) A demurrer is limited to the operative complaint's four corners, attached exhibit...

Excerpt: ...old and delivered, (4) book account, and (5) account stated. This action arises out of a retail installment sale contract for a new 2018 Ford F150, between plaintiff's assignor, Autonation Ford Tustin, and defendant, entered into on 1/23/18. Plaintiff alleges defendant has defaulted on the contract by failing to make installment payments and maintain car insurance, and that the balance now due and owing on her account is $28,184.81 plus interest ...

Excerpt: ...nc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) A demurrer ...

Excerpt: ...o summary adjudication as a matter of law. The evidence and arguments presented by the City negate an essential element of each of Plaintiffs' allegations set forth in their Complaint, as (1) there is no dangerous condition of public property, and (2) the City was not on notice of the alleged condition, thereby entitling the City to Summary Adjudication on this cause of action for dangerous condition of public property. See Gov. Code § 835, 840....

Excerpt: ...e wrongful foreclosure action alleging HBOR violations and common law foreclosure claims based on a claim of defective assignment of the deed of trust. Plaintiff is the owner of a residence located at 5525 Blue Ridge Drive, Yorba Linda, CA 92887. In 2004, Plaintiff borrowed $1,165,000.00 from Secured Banker's Mortgage Company. (the “First Loan”). Plaintiff's obligation to repay the First Loan was secured by a deed of trust recorded against th...

Excerpt: ...sociation documents, and the arbitrarily and unfair application of the rules and restrictions against plaintiffs compared to the community. The First Amended Complaint consists of the following causes of action: 1. Breach of fiduciary duties 2. Breach of contract 3. Declaratory relief 4. Negligence 5. Violation of Civil Code section 4765 An MSC is set on April 28, 2023, and a jury trial is set on May 22, 2023. Motion No. 1: the motion of defendan...

Excerpt: ...of, the door closed and locked, leaving Plaintiff and Greenlow trapped on the roof of the concert hall. In seeking a way down, they found a roll-up steel door in a maintenance room that opened roughly eight feet above a balcony inside the theater. In attempting to negotiate the rollup door and the relatively short drop to the balcony below, Plaintiff slipped and fell roughly 50 feet, missing the balcony, and landing on her head, causing massive i...

Excerpt: ...ommenced this action against defendants Lars Roulund, Robert Van Schoonenberg, and Air-Gonomic Solutions, Inc. (AGS) (collectively, defendants), alleging the following three causes of action: 1. Misappropriation of trade secrets, 2. Unfair competition, and 3. Conversion. AirHawk alleges it designs, manufactures, distributes, markets, and sells truck, motorcycle, and office seat cushions, including parts, fittings, and related products such as sea...

Excerpt: ...and if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] A representation of inability to comply is inadequate, incomplete, or evasive. [¶] An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing good cause justifying the d...

Excerpt: ... 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 a defense thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4 th 826, 850-851 (fns. 13 and 14 omitted), states, “Second, and generally, the party moving for summary judgment bears an initial burden of produc...