Excerpt: ...s a home. Feltz claims that the hole was covered and obscured by grass. Feltz has named both Ironwood HOA (HOA) and landscapers A.K. Landscaping Maintenance, Inc. (AK) as defendants. The HOA's motion is based upon the grounds that there is no triable issue of fact as to the 4th cause of action for declaratory relief on its cross complaint that A.K. owes the HOA a duty to defend and indemnify the HOA from Feltz' claim. There is a triable issue of ...

Excerpt: ...s contacted by a Daniel Krastel stating that he received the posted notices and that he lived at the property before the fire, and due to the owner's death the property was in probate. Krastel claimed that he would become the owner of the property once probate was completed. City made no effort to verify that fact, or otherwise determine who owned or controlled the property. Notices mailed to the decedent Carol Adamson and/or the occupant of the ...

Excerpt: ...charges his clients, and instead, he claims this rate is supported by the Laffey Matrix. The trial court can determine rate calculation based on an adjusted Laffey Matrix (the official source of rates based on Washington D.C. area, adjusted to local area based on the Consumer Price Index) (Syers Properties III, Inc. v. Rankin (2014) 226 Cal.App.4th 691, 695‐696) Defendant failed to show the proper adjustment of the Laffey rate ($717/hr. for a 1...

Excerpt: ... combined $1,400,000 to Defendant City of Palm Springs to be deposited in an escrow account. The purpose of the agreement was to facilitate development of the Pedregal Property, which was at the center of the dispute in the underlying case. After hearing about criminal investigation and subsequent charges against City's former Mayor Steve Pougnet, Richard Meaney and John Wessman, Plaintiffs now seek to rescind the settlement agreement with City a...

Excerpt: ...with Plaintiff/Cross Defendant, Linda Kelley, his mother, in which he agreed to would rent the house to her “for a period not to exceed 2 years or until Cross‐Complainant sold the Subject Property, whichever came first…” (Cross‐complaint ¶ 5.) Casale also alleges that on March 12,2007 Kelley entered into a secret agreement with Patricia Reinhart, the executor of his grandmother's estate, that resulted in Kelley creating an recording a ...

Excerpt: ... to the FDCPA is when a person collects a debt due to another if the debt was not in default when it was obtained. (15 USC §1692a(6)(F)(iii).) Plaintiffs do not plead when they were in default. According to the recorded documents, Defendant obtained the assignment on 3/29/16. Thus, there Page 3 of 3 are no allegations that Plaintiffs were in default at the time Defendant obtained the interest (assuming it was transferred to another). 2 nd Cause ...

Excerpt: ...lead a viable theory as to why the sale is void. As such, Plaintiffs have not alleged any facts to get around the presumption of Civil Code §2924(c) ...

Excerpt: ....23; Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790.) As to the second and third causes of action, plaintiff fails to allege the manner in which his claims are ordinary negligence claims, as opposed to professional negligence claims. The motion to strike is MOOT. Prevailing party to give notice. ...

Excerpt: ...laintiffs $15,000 in satisfaction of their individual claims, and an additional $5,304 to McAfee regarding an unemployment claims, but the complaint alleges no such individual claims. 3. The motion contends that the “financial viability” factored into the amount of the settlement, but no evidence of the financial condition of the defendant is offered. 4. The plaintiffs' counsel claims time billed at up to $700 per hour. Does plaintiffs' couns...

Excerpt: ...ects: 1. It violates ¶ H(6), because the release is not limited to claims based solely on the facts alleged in the first amended complaint. It purports to release “any and all claims for recordkeeping or pay stub violations,” not just those at termination, and “all claims for failure to get consent for a payroll debit card or self‐issued check payment,” not just those claims involving final wages. In addition, the release includes a wa...

Excerpt: ...rms, Inc. (9th Cir. 1987) 836 F.2d 1156, 1160 (interpreting FRCP 11). ...

Excerpt: ...2.6. Sanctions are denied. Page 4 of 4 Although the meet and confer efforts were insufficient, it does not appear that further efforts will be successful. The party to whom the interrogatories are directed shall sign the response under oath unless the response contains only objections. (Cal. Code Civ. Pro. §2030.250(a).) Unsworn responses are tantamount to no responses at all. (Appleton v. Superior Court (1988) 206 Cal. App. 3d 632, 636.) Howeve...

Excerpt: ...ailed to show how the financial records of the corporation have any relevance to this case given Plaintiff has only made a claim for personal lost earnings. The individual's information can be found elsewhere in this ruling. RFP 38, 39, 40, 42 and 45 is GRANTED. This information deals with the individual and is relevant. For example, any other monetary reimbursement from the corporation may be relevant to her claim of lost earnings, as she has ad...

Excerpt: ... mail). C.C.P. §2016.050. The parties agreed in writing that Simon had until 11/27/18 to file her motions to compel further responses. These motions were filed on 11/27/18. As such, the motion is timely. Motions to compel further responses to request for production of documents, form interrogatories, special interrogatories and requests for admission require separate statements. California Rules Page 2 of 4 of Court, rule 3.1345(a)(1), (2) and (...

Excerpt: ...st answer the excess interrogatories regardless of the 35‐limit.” Weil & Brown, California Practice Group: Civil Procedure Before Trial § 8:941 (Rutter Group 2017). As discussed above, Mario Masellis' response to special interrogatories was late. Due to this, he waived his right to object to this issue. Even if Mario Masellis' response was not late, he failed to object on this basis. ...

Excerpt: ... to Stay or Continue the motion until a date sometime after the Court lifts the stay in place with respect to Defendant Richard Meaney. The Court deemed the Ex Parte papers as City's moving papers and set a briefing schedule as to City's motion. As to the Motion to Expunge Lis Pendens the Court continued the hearing to 3/22/18, and set City's motion for hearing prior to that date. City's motion seeks to stay or continue the hearing on the motion ...

Excerpt: ...ree speech or petition rights as defined in Code of Civil Procedure section 425.16(e). (Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 330; see also Weil & Brown, ¶ 7:244.) A lawsuit qualifies for a special motion to strike under section 425.16 if it arises from an act “in furtherance of the person's right of petition or free speech under the United States or California Constitution.” (Code Civ. Proc. § 425.16(b)(1)...

Excerpt: ...ling: The motion is denied. Defendants are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiffs seek sanctions based upon Defendants' alleged willful suppression and spoliation of evidence, that is, the removal from the truck of a Garmin Nuvi GPS unit. /// Page 2 of 5 The motion is denied for the following reasons: There is no evidence that Defendants willfully suppressed evidence. Essentially, Plaintiffs argue...

Excerpt: ...rior alleged incident was dismissed. ...

Excerpt: ...e CRST defendants. The accident occurred at an intersection controlled by a STOP sign in Landers direction of travel and with no traffic control in Decedent's cross‐direction of travel when Landers made a left turn across Decedent's path at approximately 3:50 a.m. Plaintiffs contend that Landers caused the accident by making an unsafe left turn. Defendants claim that Decedent cause the accident by speeding and making an unsafe lane change acros...

Excerpt: ...e application was pending. (SAC, ¶¶ 29, 30, 33) Defendant submitted evidence that it notified Plaintiff of its denial of Plaintiff's loan modification application by letter dated December 31, 2015, and that the appeal period had expired, prior to re‐initiating foreclosure. (Defendant's Statement of Undisputed Material Facts (“UMF”) 8, 9.) By way of deemed admissions, Plaintiff admitted that she received the December 31, 2015 letter of den...

Excerpt: ...y to give notice. ...

Excerpt: ...d to meet and confer with the plaintiffs who filed the complaint for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrer. As part of the meet and confer process, the defendants shall identify all of the specific causes of action that they believe are subject to demurrer and identify with legal support the basis of the deficiencies. The plaintiffs shall provide legal support for t...

Excerpt: ...ds the law and the other party is aware of this misunderstanding at the time of contracting and fails to rectify the mistake. Civil Code §1578. A mistake of fact can also occur if a party is unilaterally mistaken as to the fact and the other party knows of the mistake or has reason to know of the mistake. M.F. Kemper Constr. Co. v. Los Angeles (1951) 37 Cal.2d 696, 701. There are no factual allegations supporting the conclusion that Defendants w...

Excerpt: ...endants. While NJP performed services for the benefit of defendant James Bradley, its written contract was with Kenner & Greenfield. To the extent that Bradley agreed to pay the costs of NJP's services, his agreement was with Kenner & Greenfield. With respect to PPI, it cannot be determined from the allegations of the FAC whether the alleged contract was oral or in writing, nor can it be determined whether the alleged contract was between PPI and...