Excerpt: ...1.2, 945.4. If the application is not timely presented, the injured party may apply for leave to present a late claim within a reasonable time, not to exceed one year. Gov. Code § 911.4. If the application is denied, the injured party may petition to the trial court for relief from the provisions of Government Code section 945.4. Gov. Code § 946.6. In order to be entitled to relief under Government Code section 946.6, petitioner must establish ...

Excerpt: ...ion including (1) fraud in the inducement – intentional misrepresentation; (2) negligent misrepresentation; (3) fraud in the inducement – concealment; (4) fraud in the performance of contract – intentional misrepresentation; (5) violation of the SongBeverly Act; and (6) violation of the Consumers Legal Remedies Act. Defendants contend that each of plaintiffs' claims is barred by the applicable statute of limitations. Defendants also contend...

Excerpt: ... of Business and Professions Code section 17200. Plaintiffs' fourth and fifth causes of action are wholly based on the purported violations of Civil Code sections 2923.5, 2924.11, and 2923.7. Nationstar's motion for judgment on the pleadings was granted with respect to plaintiffs' first, third and fourth causes of action. Subsequently, Nationstar moved for summary judgment on the 14 second and fifth causes of action, which motion was granted. A j...

Excerpt: ... accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of fa...

Excerpt: ... lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) the likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party; and (4) the length of ...

Excerpt: ... The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. Plaintiff's third cause of action alleges negligent infliction of emot...

Excerpt: ...adings, not the truth of the allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth o...

Excerpt: ...duction to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at 850. The motion for summary judgment must be supported by evidence establishing the moving party's right to relief. Regents of Univ. of Cal. v. Superior Court (1996) 41 Cal.App.4th ...

Excerpt: ...rays for holdover damages beginning on November 1, 2019, a date that is prior to expiration of the 3‐day notice, in addition to seeking past‐due rent of $3,800. The 3‐day notice suggests that the total requested may include amounts that do not constitute unpaid rent, such as “late penalties or other fees accumulated”. Finally, the 3‐day notice fails to comply with Code of Civil Procedure section 1161(2), as it fails to state how the r...

Excerpt: ...ent to constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The first amended comp...

Excerpt: ...oes not state facts sufficient to constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, ...

Excerpt: ... not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the tr...

Excerpt: ...1. Nevertheless, the court maintains discretionary power to grant relief. Id. at 289‐290; Lee v. Wells Fargo Bank, N.A. (2001) 88 Cal.App.4th 1187, 1200. In this case, the court finds that plaintiff's failure to timely file its motion for fees was due to the excusable neglect of counsel. The court further finds that the motion for relief was made within a reasonable time, and that defendant will not be prejudiced by permitting relief. According...

Excerpt: ....16(a); see also Sylmar Air Conditioning v. Pueblo Contracting Svcs., Inc. (2004) 122 Cal.App.4th 1049, 1055‐1056. In determining whether an action or claim is a SLAPP suit subject to a special motion to strike , the court evaluates first whether the claim arises out of the defendant's protected speech or petitioning activity, and second whether plaintiff can show a probability of success on the merits. Navellier v. Sletten (2002) 29 Cal.4th 82...

Excerpt: ...court approval of S.W.'s transfer of future life‐contingent payments in the amount of $835,048.21 in exchange for $10,000. S.W. states that he is 35 years old, with no minor children. He states that he is currently unemployed, experiencing a financial hardship, and that he will use the money to purchase an RV or mobile home, and an affordable car. S.W. states that he has applied to the court for approval of prior transfers of his structured set...

Excerpt: ...n if she contends that there is no merit to one or more causes of action alleged in the complaint. Code Civ. Proc. § 437c(f)(1). A moving defendant has the initial burden of showing that a cause of action has no merit, or there is a complete defense to the cause of action. Code Civ. Proc. § 437c(p)(2). If defendant meets her initial burden, the burden shifts to plaintiff to show the existence of a triable issue of material fact as to the cause ...

Excerpt: ...927. Defendant must show that a suitable alternative forum exists, and that the balance of private and public interest factors makes it just that litigation proceed in the alternative forum. Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751. Where plaintiff is a California resident, there is a strong presumption in favor of plaintiff's choice of forum. Nat'l Football League v. Fireman's Fund Ins. Co., supra, 216 Cal.App.4th at 926‐927. “[E]xc...

Excerpt: ...jurisdiction. Greener v. Workers' Compensation Appeals Board (1993) 6 Cal.4th 1028, 1037. However, plaintiff's moving papers raise certain issues which must be addressed before discharge may be granted. First, plaintiff's notice of motion indicates that the subject funds total $251,837.19, which plaintiff proposes to interplead. However, the declaration of Chere Tait indicates that the subject funds total $264,337.19, and the opposition filed by ...

Excerpt: ...ngs are deemed true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Plaintiff alleges that Lacy Hart, a probation officer, submitted a falsified or inaccurate report in connection with a criminal action involving plaintiff. As a probation officer, defendant is entitled to absolute immunity from claims relating to the preparation, provision and filing of presenting re...

Excerpt: ...ily Trust (“Maehler”), and defendant and cross‐complainant Rex Harrison (“Harrison”). Following two days of mediation, the parties entered into a settlement agreement and mutual release of claims (“the Settlement Agreement”), attached as Exhibit A to the declaration of Gregory Koonce. In relevant part, the Settlement Agreement states: b. Each Party shall grant to the other Parties an express non‐exclusive easement for ingress and ...

Excerpt: ... overruled. Defendants' objection to the supplemental declaration of Jay Brown is sustained. 3 Ruling on Motion Defendants move for summary adjudication as to plaintiff's prayer for punitive damages. A defendant may move for summary adjudication as to a claim for punitive damages if the party contends that there is no merit to the claim. Code Civ. Proc. § 437c(f)(1). A moving defendant has the initial burden of showing that a claim has no merit....

Excerpt: ...uses of action for reformation of instrument and declaratory relief. The party seeking summary judgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in favor of the party. Cons...

Excerpt: ...tinuance under Code of Civil Procedure section 437c(h) as facts essential to justify opposition to defendants' motion may exist, but cannot, due to difficulties in obtaining necessary discovery, be presented at this time. Appearance is required in order to determine a reasonable continued hearing date for the motion. Motion to Expunge Lis Pendens The parties' requests for judicial notice are granted. 4 Defendants' motion to expunge lis pendens is...

Excerpt: ...intiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deduc...

Excerpt: ...it. Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180. However, where extrinsic fraud or mistake exists, or where the judgment is facially void without resort to extrinsic evidence, the motion may be made at any time. Id. at 181. In this case, default judgment was entered against defendant based on the proof of service filed October 30, 2007. The proof of service indicates that defendant was served by substituted service at her dwelling house or...