Excerpt: ...) from Respondent Riverside County Sheriff's Department (“Respondent” or “Department”). On February 23, 2021, Petitioner emailed a public record request for the names of all persons arrested by the Department of driving under the influence during November 2020 (“Request”). On March 2, 2021, the Department denied the Request. On March 23, 2021, Petitioner filed his Petition for Writ of Mandate. He asserted two causes of action for: (1)...

Excerpt: ...5, 2020. Factual and procedural background: On November 22, 2010, default judgment was entered against Defendant in the amount of $29,858.58. In September 2010, Plaintiff merged with Navy Federal Credit Union (“Navy”). Plaintiff USA Federal Credit Union no longer exists. Neither the pleadings nor judgment were amended to reflect the new name. Navy seeks to amend the judgment to replace Plaintiff with Navy since Plaintiff no longer exists. Nav...

Excerpt: ...ted to their grandparents that investments into the business were loans and not joint venture interests and that the investor would receive a fixed rate of 15 percent interest on profitable projects, with the investors paid in full regardless of whether the project lost money. Plaintiff alleges these representations were made to both him and the grandparents, but defendants had no intention of covering the losses, planning not to pay if the marke...

Excerpt: ...s costs. “The state Supreme Court has held that, even though the costshifting feature of the Song–Beverly Act is the more specific statute because it concerns the recovery of costs in a more specific type of litigation, it does not trump or supersede the provisions of Code of Civil Procedure section 998 when, as here, the two may be reconciled. [Citation.]” (Duale v. Mercedes‐Benz USA, LLC (2007) 148 Cal.App.4th 718, 726.) Section 998, su...

Excerpt: ...entire anti‐SLAPP motion and dismiss the complaint as to Randall D. Naiman and Naiman Law Group, PC. The Appellate Court also found that the trial court should award attorneys' fees and costs incurred by Randall D. Naiman and Naiman Law Group, PC both in the trial court and on appeal. The remittitur was received by the Court on 10/9/13. No additional action was taken by Randall D. Naiman and Naiman Law Group, PC or the Court until 11/6/13, when...

Excerpt: ...rocal Easements (“CC&Rs”) to govern the development, subdivision, improvement, sale, lease, and conveyance of interests in the property. The CC&Rs provide for non‐exclusive perpetual easements appurtenant to each tract and parcel within the property for “ingress, egress, driveway use, parking, loading and unloading of commercial and other vehicles, and otherwise for the enjoyment, comfort and convenience of customers, invitees, licensees,...

Excerpt: ...on defendant Yankie's objections to the declaration of Maxim Vaynerov because the evidence subject to the objection is not material to the disposition of the present motion in that the declaration is not part of the FACI. Remsen's objections to the evidence submitted by defendants in support of their demurrers is as follows: (1) Sustained (buy‐sell); (2) Sustained (not a contradictory declaration) and (3) Sustained (Coates declaration). RJN by ...

Excerpt: ... Attorney's fees: Mankin and Nasser indicate that they have agreed to divide the fee award between them, 50‐50. However, the extent to which any of those fees benefit the estate of Ms. Kautz is not clear. For instance, Mankin indicates that when Kautz left Mankin's firm, a fee‐splitting agreement was entered between them, but the terms of that agreement are not described. Is any portion of Ms. Kautz's share of the fees coming out of the fees ...

Excerpt: ...s business for significant periods of time. Plaintiff contends that the lease agreement contains a provision that if either party was prevented from performing any act required under the agreement due to a lockout, inability to procure labor, or restrictive laws, performance would be excused for the period of delay. Plaintiff argues that due to this provision of the lease, Plaintiff was not required to pay rent while its business was prevented fr...

Excerpt: ...e notice, i.e. wrong settlement administrator and fees, and net settlement amount. The notice attached to the proposed order is incorrect. It identifies Phoenix Class Action Administration Solutions as the administrator, and limits their costs to $7,500. The “releasing parties” (which includes the class) will also release claims as to the other defendant, J and R Hock—who went to arbitration. (Settlement, p. 12, ¶7.3.) Why is J and R Hock ...

Excerpt: ...he current shareholders, Shively v. Jones, RSC Case No. RIC 1904175. Judicial notice of court records is proper under Evid. Code § 452(d). Both requests for judicial notice are granted. The Substance The parties do not dispute that the court has jurisdiction under CCP § 1281.8 to consider this motion for preliminary injunction despite the stay in place pending arbitration. The purpose of a preliminary injunction is to preserve the status quo un...

Excerpt: ...d to him that Defendant had not taken x‐rays on the day of the manipulation. He does not state that he suspected that the failure to take x‐rays was wrongdoing by Defendant or anyone else. The testimony is vague, tacit and fragmentary and does not appear to be an unequivocal admission that he suspected wrongdoing. Defendant's evidence should be strictly construed whereas Plaintiff's evidence should be liberally construed. As such, it appears ...

Excerpt: ...AC TURLEY and DEFENDANT STACEY TURLEY.” Since the motion does not seek to vacate the resulting dismissal, the relief sought by the plaintiff is valueless because it does not restore the individual defendants to the case. The motion is denied on that basis. Even if the Court were to interpret the “order granting the demurrer” to include the order of dismissal, the motion would be denied. The basis for the plaintiff's claim against the two in...

Excerpt: ... v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Here, the motion seeks to strike punitive damages allegations from the Complaint. Such a motion lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support a punitive damages claim. (Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63.) Civil Code section 3294 provides that exemplary damages are all...

Excerpt: ...�ROGs”), Requests for Production (“RFPs”) (Set One) and RFPs (Set Two). On April 22, 2021, Defendant served Plaintiff with RFPs (Set Three). Plaintiff failed to served timely responses, and on June 18, 2021, Defendant sent correspondence by email demanding that responses be served without objections. Notwithstanding, Plaintiff failed to serve any responses, the present motions ensued. * * * Defendant now moves by four separate motions to co...

Excerpt: ...o the injury. In a letter describing the denial of the promotion, Captain Jeremy Cody stated that one possible reason and major factor was a significant decrease in his Physical Fitness Test due to loss of upper body strength caused by a motor vehicle accident. (ARC, Ex. C.) Captain Cody also indicated that there were other reasons for the denial. (Ibid.) While documents relied on by Cody or other involved in the promotional decision are directly...

Excerpt: ...long with a Civil Code 1542 waiver. The court has previously noted that the only facts that can be used in the instant lawsuit are those occurring after the settlement, from May 22, 2018 to the present. In Plaintiff's Separate Statement, he argues that the “facts prior to the May 21, 2018 Settlement Agreement are essentially [sic] and cannot be barred from the scope of this case.” Plaintiff's Response to Undisputed Material Facts No. 1. Howev...

Excerpt: .... 143‐180‐028, 143‐180‐031, and 143‐180‐032. Plaintiffs are ordered to post a bond of $10,000.00 within the next 20 days. Page 3 of 12 FACTUAL / PROCEDURAL CONTEXT Plaintiffs Wilson Holdings, LP and Los Altos XXVII, LP own real property on 10391 Magnolia Avenue, Riverside, and lease it to Plaintiff Northgate Gonzalez, LLP which operates Northgate Market. Defendant Magnolia Partnership, LLC owns real property at 10411‐10481 Magnolia ...

Excerpt: ...o later than 10 calendar days before the hearing correcting the following deficiencies: 1. The motion fails to comply with Section H.3.a.iii.A‐D of the CMO because there is no statement of the amount the class could reasonably expect to be awarded at trial, taking into account difficulties of proof, the defendant's defenses, and other attendant risks; 2. The motion fails to comply with Section H.3.a.iv. Paragraph 19 of the declaration of Tulyat...

Excerpt: ...rety company Hudson Insurance Company (“Surety”). Surety alleges that it issued a motor vehicle license bond with Golden Auto Group, Inc. (“Dealer”), as principal, and that Surety's aggregate liability cannot exceed the $50,000 penal sum on the subject bond. Surety alleges it has been named in at least six lawsuits against the bond alleging default by the Dealer, and cannot resolve the conflicting demands of the claimants. Surety alleges ...

Excerpt: ...s a sham pleading is without merit. Special Demurrer While Plaintiff specially demurs to each cause of action on the ground of uncertainty, he fails to explain how any of the claims are uncertain such that he cannot reasonably determine what issues must be admitted or denied, or what claims are directed against him. (CCP § 430.10(f); Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Accordingly, the demurrer is overruled on g...

Excerpt: ...nder which the four of them would equally own defendant Green America, Inc. and its cannabis dispensary business. (Additional factual allegations are described below.)There are two separate cross‐complaints in this action. The issue before the court today Page 5 of 6 is the Second Amended Cross‐Complaint (SACC) filed 8/20/21 by defendant/cross‐complainants Green America, Inc. The SACC alleges causes of action for (1) declaratory relief, (2)...

Excerpt: ...e. FACTUAL / PROCEDURAL CONTEXT This is a wrongful death/personal injury case. On November 16, 2016, Consolidated Plaintiff Ryan Helling (“Helling”) purchased a new 2017 RZR 1000 XP4 (“Vehicle”) from Defendant Epic Motorsports, Inc. (“Epic”). The Vehicle was manufactured, sold and/or distributed by Defendants Polaris Industries, Inc. and Polaris Sales, Inc. (collectively “Polaris”). Subsequent to the purchase, Helling delivered th...

Excerpt: ...caused Plaintiff harm. Defendant Big Air Corporate owns the franchise facilities. Defendants Fun Spot I and Fun Spot II design, manufacture, etc. the trampoline park products. Plaintiff filed this action on 12/28/20. After Defendants demurred and moved to strike, Plaintiff filed a First Amended Complaint as a matter of right on 6/22/21. Defendants thereafter successfully moved to strike the FAC and Plaintiff filed the operative Second Amended Com...

Excerpt: ...cond declaration of Palmer are irrelevant to the issue of the plaintiff's need for a stay.) Palmer's initial declaration asserts that a stay is necessary because (1) the only secure way to communicate with Mr. Williams while he is imprisoned is by phone, (2) “Mr. Williams' ability to communicate by phone is intermittent,” and (3) communication by email is neither secure nor privileged because emails sent to Mr. Williams can be accessed and re...