Excerpt: ...errogatories 18, 21 and 22 and Request for Production 13, but the scope of the information is limited to the last ten years. 3. Said responses to these requests shall be served within 30 days. 4. The Court denies the Motion to compel further response to Request for Production 14. Factual / Procedural Context: Plaintiff Sonya Ward is one of four individuals who have filed lawsuits following a multivehicle collision that occurred on February 8, 202...

Excerpt: ... court is required to find subjective bad faith before it can award fees and costs to a defendant. Corbett v. Hayward Dodge, Inc. (2004) 119 Cal.App.4th 915, 924. Subjective bad faith requires a factual inquiry into the plaintiff's subjective state of mind. Id. at 923. The court looks to determine whether there is evidence not only that the action lacked merit, but that the plaintiff knew that it did. Id. at 928. A defendant moving for fees and c...

Excerpt: ...s to City of Rancho Mirage Exhibits: A; B; C; D; E; F; G; J; and K. Denied as to Exhibits H and I. Petitioner/Plaintiff, Vacation Rental Owners and Neighbors of Rancho Mirage (VRON‐RM), filed its operative First Amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief (FAP) against Respondent/Defendant, City of Rancho Mirage (City.) VRON‐RM's purpose is to protect the interests of short‐term rental (STR) deve...

Excerpt: ... 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendant came into possession; (3) a particular description of the property and a statement of its value; (4) the property's location based on pl...

Excerpt: ...are not unequivocal and do not establish that she cannot reasonably obtain the needed evidence. Furthermore, Defendants have not produced properly authenticated evidence that Defendants IE Rentals and Nijjar were not involved in the management of the subject property at the time of the incident. The Motion for Summary Adjudication is GRANTED as to the fifth and sixth issues for adjudication because the doctrine of negligence per se does not apply...

Excerpt: ...s Alberto, Isabel, Ruth and Susana Zumaya (“Plaintiffs”) were in a vehicle traveling on Central Avenue in Riverside when they collided with a vehicle driven by Defendant Joe Sherman Phillips (“Phillips”) and owned and operated by Direct Auction Services, LLC (“Direct”). Plaintiffs allege that Phillips was speeding and failed to yield before making a left‐hand turn. Plaintiffs sustained injuries. On May 19, 2021, Plaintiffs filed the...

Excerpt: ...Amended Complaint (“FAC”), alleging nine causes of action for: (1) breach of contract – specific performance; (2) fraud, misrepresentation and failure to disclose; (3) quiet title; (4) imposition of constructive trust based on breach of contract; (5) partition of real property; (6) unjust enrichment; (7) common counts; (8) declaratory relief; and (9). Before the Court is Defendants' demurrer as to all causes of action. Plaintiff opposes. An...

Excerpt: ... Failure to comply with CMO: The motion fails to comply with the following provisions of the CMO: G.3.a.iv.: The plaintiff's counsel has failed to state the estimated range of potential recovery by the class members. The Court would expect counsel to be able to estimate the total hours worked by all employees (219,360), the hours worked by the class member with the shortest employment during the class period, and the number of hours worked by the...

Excerpt: ... and conditional use permit on 1‐25‐22, and the notice of exemption was filed 1‐31‐22. Therefore, to be timely, the petition challenging those decisions were required to be filed within 35 days of the notice of exemption, or by 3‐7‐22. (Pub. Res. Code § 21167, subd. (d).) Here, the petition was not filed until 3‐16‐22. Therefore, the petition is untimely. In resisting that conclusion, the petitioner argues that the limitations pe...

Excerpt: ... – Granted. RFP No. 60 – Granted. RFP No. 61 – Granted RFP No. 62 – Granted. Defendant's Opposition was untimely, but was reviewed and considered. Plaintiff may reply orally at hearing if they wish. Defendant ordered to produce documents on motions granted within 30‐days of service of notice. Prevailing party (Plaintiff) to provide notice pursuant to CCP 1019.5. Song‐Beverly Act, lemon law, case. Plaintiffs Anthony Cebreros and Romulo...

Excerpt: ...t only on the following conditions: 1) the motion must be based on “new or different facts, circumstances or law” and 2) the motion must be supported by an affidavit or declaration disclosing “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances of law are claimed to be shown.” (CCP § 1008(b); Graham v. Hansen (1982) 128 Cal.App.3d 965, 969‐970.) If ...

Excerpt: ... habitability, negligence, nuisance, and breach of covenant of quiet enjoyment. Among other things, Plaintiffs pray for punitive damages. Defendants move to strike punitive and exemplary damages from the Complaint. Under Code of Civil Procedure section 436, subdivision (a), a court may upon motion strike out any irrelevant, false, or improper matter in a pleading. In ruling on a motion to strike, the allegations in the complaint are considered in...

Excerpt: ...able to establish a basis for attorneys' fees under the same statute, although the statute itself was not pled. 2. CVSW2104311 HANDLE IT MMS LLC VS SFT REALTY GALWAY DOWNS LLC DEMURRER ON CROSS‐ COMPLAINT OF SFT REALTY GALWAY DOWNS LLC BY HANDLE IT MMS LLC, CHEZ BOUJIE INC Tentative Ruling: The Demurrer is OVERRULED as to the 1COA and 3COA. The Demurrer is SUSTAINED as to the 2COA without leave to amend as set forth below. 2COA (Waste): “Wast...

Excerpt: ...S GOLDEN OPPORTUNITY II HOLDINGS, L.P. JOINDER TO DEMURRER BY MOBILE HOME GROUP II, L.P. Tentative Ruling: The Court overrules the demurrer and denies the motions for joinder. The Court denies the motion to strike. The Court orders the Defendants to file an answer within 30 days. Factual / Procedural Context: Plaintiffs consist of 28 individuals who currently reside, or formerly resided, at Royal Coach MHP in Cherry Valley, which was owned by Def...

Excerpt: ...mmenced, the party asserting the plea in abatement should be granted leave to amend to plead the res judicata effect of the judgment in bar of the subsequent action. … [If] the prior litigation is not determined upon the merits, the trial court should hear and decide the rights of the parties in accordance with the issues presented by the pleadings in the second action.” Branson v. SunDiamond Growers (1994) 24 Cal.App.4th 327, 335 n.2. This a...

Excerpt: ...nd Confer Before Filing the Importantly, before filing a motion to compel a further response to ROGs or RFPs, the moving party must engage in a reasonable and good faith attempt to resolve informally each issue set forth in the motion and must file an appropriate declaration with the motion. (CCP §§ 2016.040, 2030.300(b)(1), 2031.310(b)(2).) The purpose of the meet and confer requirement is to force lawyers to reexamine their positions, and to ...

Excerpt: ...rden of production to make a prima facie showing that there are no triable issues of material fact. (CCP § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Defendant, as the moving party, has the burden to show either 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. (CCP §437c(p)(2).) Defendant can meet their burden by showing either: (1...

Excerpt: ...P ALLEGED TO CREATE A DUTY The elements of a cause of action for fraud based on concealment are: (1) The defendant must have concealed or suppressed a material fact; (2) the defendant must have been under a duty to disclose the fact to the plaintiff; (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (4) the plaintiff must have been unaware of the fact and would not have acted as h...

Excerpt: ...inst Defendant Agape Springs, the owner and operator of the park, for its alleged failure and willful refusal to make repairs and proper maintenance of the common areas of the premises. Plaintiffs complain of a long list of alleged substandard conditions existing at the mobile home park which pose a health hazard to Plaintiffs. Plaintiffs are claiming that Defendant's conscious disregard of Plaintiffs' rights and safety and by failing to make rep...

Excerpt: ...ertently omitted from the notices that issued. The court's further tentative is to continue this matter until August 8, 2022, at 10:00 a.m., in Dept. S205 of the superior court and to maintain the preliminary injunction in full force and effect until that date and time. Respondents are hereby invited to respond to petitioners' filing of today, July 8, 2022, and petitioners may of course respond to any written submission provided by respondents. T...

Excerpt: ... penalties were calculated or otherwise established. c. The following revisions to the proposed order submitted 5‐2‐22: i. Given that the settlement agreement has been amended, the citation in ¶ 1 is no longer correct. [Ex 13 to 2d suppl. decl. filed 6‐23‐22] ii. Attorney's fees shall be reduced to $855,000 in ¶ 7.a. iii. The $15,000 incentive payments shall be approved without change. (¶ 7.b.) iv. The NSA must be increased accordingly...

Excerpt: ...nt or cause unnecessary delay. (See Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) The liberal policy of permitting amendments should prevail. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564‐565.) Plaintiff is granted 20 days leave to amend; leave to amend is limited to the portions of the complaint at issue in the motion. Prevailing party to give notice pursuant to CCP 1019.5. Plaintiff Jose Ortiz (“Plaintiff”) filed the comp...

Excerpt: ... pursuant to which Plaintiff was to serve as the general contractor for a public improvements contact known as the Norte Vista Sidewalk Improvements (“Project”). During the course of the Project unforeseen conditions and changes to the work and schedule required Plaintiff to perform extra excavation work and spend an additional 104 days working at the project, which resulted in an additional $1,472,105.31 in costs. The City failed to provide ...

Excerpt: ...rom today's date. Factual / Procedural Context Plaintiff Eldon Griffis (“Eldon”) is the ex‐father‐ in‐law of Defendant Paulina Griffis (“Defendant” or “Paulina”), who was married to Eldon's son, Cole Griffis (“Cole”). Plaintiff E&G Management Co. (“E&G”) is a closely held real estate management company owned and operated by Eldon. Eldon and E&G (collectively “Plaintiffs”) allege that, in connection with a Post‐Mari...

Excerpt: ... Wide West Services are suing their former attorneys arising from four various incident. The first incident involved a failed loan modification. Plaintiffs Vinod Kaura and Veena Kaura, as trustees of the Kaura Family Living Trust, and Neil Kaura obtained a loan from Zions First National Bank, secured by a deed of trust and assignment of rents on a residential apartment complex in Indio owned by Plaintiff Valley and Mountain, LLC (VM). Zion later ...