Excerpt: ...dants concede the items listed on Exhibit C were “personal items left behind in the warehouse” that did not belong to Hageman, they never admitted that all of the items listed on Exhibit C belong to Plaintiff. In fact, Plaintiff concedes in the Complaint that her parents also stored personal items at the warehouse for which they sued the Koll Company. (Complaint, ¶¶ 13, 18.) Plaintiff failed to establish ownership or right to possession of ...

Excerpt: ...sruption of the contractual relationship; and (5) resulting damage. Pacific Gas & Electric Co. v. Bear Stearns & Co. (1990) 50 Cal.3d 1118, 1126. Plaintiffs fail to state a cause of action in the first instance because they do not sufficiently allege a disruption of their right to make a payment under the note secured by the First Deed of Trust (DOT). Indeed, Plaintiffs were already in breach of their obligations under the First DOT at the time t...

Excerpt: ...ss and any subclasses as clearly as possible given the plaintiff's current understanding of the facts; and  Be confined to allegations of fact. The case management conference is continued from March 27, 2018, to April 26, 2018, at 8:30 A.M. However, any party desiring to preserve its right to a jury trial shall deposit jury fees no later than March 27, 2018. (Code Civ. Proc., § 631.) Analysis: The declaration of Milhaupt purports to be filed ...

Excerpt: ...d associated forms in detail. However, it violates at least the following portions of section H: ¶ 1.b. & c. As to the first subclass, there is no explanation of how the potential “full value” damage amount per class member ($3,700) is calculated. The compliance as to the 2d and 3d subclasses is vague. ¶ 1.e. The description of discovery is vague. ¶ 2 There is no declaration from defense counsel. ¶ 3.b. The agreed‐upon distribution does...

Excerpt: ...hich holds that the claims alleged in the first, seventh, eighth, and ninth causes of action are not permitted against a public entity. Plaintiff provides no authority which permits such claims. The City is also correct that no claim for punitive damages may be sought against a public entity. Plaintiff offers no argument or authority to the contrary in his opposition. 1COA (UCL): The City correctly argues that this cause of action does not apply ...

Excerpt: ...f's Department that Plaintiff took four automobiles without their consent and issued 9 checks returned as nonsufficient. As a result he was arrested by the Riverside County Sheriff's Department, although the DA's office did not pursue criminal prosecution. Further that Defendants told other unidentified persons that they made a police report and by making the police report the Balls intentionally and maliciously caused him to suffer emotional dis...

Excerpt: ...cts sufficient to constitute a cause of action and/or is uncertain. The FAC alleges that moving parties owed Plaintiffs a fiduciary duty to perform their duties in a competent and reasonable manner as real estate professionals in assisting Plaintiffs to investigate and purchase the property. The FAC alleges that moving parties represented Plaintiffs in purchasing the property at issue in this case. In particular, the FAC alleges that moving parti...

Excerpt: ...ercised jurisdiction to consider the Declaration of Angela M. Jones regarding meet and confer efforts for the sole purpose of determining compliance with the Court's order of January 16, 2018. Gov. Code § 835 sets out the exclusive conditions under which a public entity may be held directly liable for injuries caused by a “dangerous condition” of public property. (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1132.) A public entity ...

Excerpt: ... of the case. CBCOA has indicated that at least half of the time spent on discovery regarding Michelle Nicoladies pertained to the enforcement claims. Tran only apportioned 5.95 hours to non‐ enforcement claims. This does not seem appropriate. In the Plaintiffs' complaint, there were claims that did not pertain to enforcement of the CC&Rs. Additionally, Tran asserted a cross‐complaint, which was not based on enforcing the CC&Rs. Therefore, it...

Excerpt: ... that Jerry had in the past invested money though a company named Thrive, a nonparty, that Thrive had offered Jerry a subscription agreement to Jerry in an investment in a large Texas apartment complex through one of its subsidiaries LHTL but that LHTL placed the investment in Lents name alone, as instructed by Lents, despite the fact that the check for the investment having been Page 2 of 5 drawn on Jerry's account. Essentially, Blake complains ...

Excerpt: ...filed a supplemental declaration on February 7, 2018, which indicates that he received a document from the Sheriff “several months ago.” He indicates that he did not understand the document meant that a lawsuit had been filed, but provides that he was informed that the document related to the sale of his home. He also states that he learned of the existence of the lawsuit through his attorney, who did a case search based on a number found on ...

Excerpt: ...ion to file the pleading. (Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 612‐613.) However, in Harlan v. Department of Transp. (2005) 132 Cal.App.4th 868, 874, the Court noted it had discretion to accept untimely amendment without noticed motion by plaintiff. Here, the Court accepted Plaintiff's late filing of the FAC. There is no evidence that the filing of the document, one day late, caused detriment, loss or prejudi...

Excerpt: ... Mitchell, a contractor, against Lents and the estate of Dunlap to recover for monies allegedly owed for construction work done on a house in Indian Wells and for damages suffered as a result of claims by Lents that Mitchell had stolen Lents' personal property. Thereafter, Lents filed a cross complaint against Mitchell for, among other things, breach of contract conversion, and elder abuse and against Blake Dunlap as the Page 3 of 5 Executor of t...

Excerpt: ...ut of (1) alleged oral statements made by Defendant Eva Greenberg about Plaintiff Sanford Greenberg, her then husband, a Page 7 of 8 physician, to Plaintiff's staff, patients and other members of the medical community that Plaintiff suffers from dementia and is unable to adequately perform his professional duties (¶ 7), (2) publication of various documents on social media that Plaintiff was a member of a gay bondage website and was looking for c...

Excerpt: ...ask the Court to issue a judgment for over 5 months after the ruling on American's motion for summary judgment. Second, the parties are vague as to how the eventual decision on appeal will affect the claims between Scottsdale and Truck. For instance, if the motion for summary judgment in favor of American is affirmed, will the plaintiff's action against Truck be dismissed? Or are there other claims that would nevertheless need to be litigated...

Excerpt: ...leged failure to comply with the terms of a purported settlement agreement. However, this motion does not cite any authority for the showing required to set aside the dismissal, much less make any such showing. In addition, the Court has already found that the parties did not enter into a settlement agreement. See December 1, 2017 Minute Order. ...

Excerpt: ...s further ordered to pay Plaintiff monetary sanctions in the amount of $1,985.00 in payment of the reasonable costs and attorney's fees incurred in connection with this motion. The payment of the sanctions is to be made within twenty (20) days of the date of the hearing on this motion. Plaintiff Jasmine Labuen is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiff Jasmine Labuen's Complaint alleges that on Octo...

Excerpt: ...mited to the city or community of residence, as opposed to the full residence address. Except as expressly limited, the PMK shall appear for a deposition and otherwise comply with the deposition notice on a day to be agreed upon by counsel no sooner than 10 days and no later than 20 days from February 14, 2018. The real party's request for sanctions against the petitioner and its counsel, Blum Collins, is granted in the sum of $6,310. Analysis: R...

Excerpt: ...er of them are members or shareholders of the petitioner. Under those circumstances, the petitioner has no standing to seek a protective order on behalf of those individuals. As to all of the deposition notices, for the reasons stated above in the discussion of the motion to compel, the petitioner and moving party has failed to demonstrate that Page 8 of 8 the discovery would subject any of the deponents to “unwarranted annoyance, embarrassment...

Excerpt: ...305, where the Court denied a C.C.P. §664.6 motion because the statutory prerequisites were not met since all parties on both sides of the agreement had not personally signed it. In Harris, the Court noted that C.C.P. §664.6 did not contemplate enforcement against the “party to be charged” – here Ramos ‐ as Plaintiff suggests in the motion. In addition, according to the language of the statute, any written settlement agreement outside o...

Excerpt: ... stated that Respondents Nicasio and Maria Campos were the sole owners of the property, but both were deceased. Death certificates were attached to the Petition, marked as Exhibit C. No probate proceeding could be located concerning the Page 3 of 8 property. Community Restoration Corporation held a legal interest in the property in the form of a deed of trust. According to subsequent filings, two days after the filing of the petition for a receiv...

Excerpt: ... the meet and confer Page 2 of 2 process, Defendant shall identify all of the specific causes of action that it believes are subject to Demurrer and identify with legal support the basis of the deficiencies. Plaintiff shall provide legal support for its position that the Third Amended Complaint is legally sufficient or, in the alternative, how it could be amended to cure any legal insufficiency. After meeting and conferring, defendant shall 10 da...

Excerpt: ...ties in the securitization of his loan or upon the allegation that the Assignment was robo‐signed. Mendoza v. JPMorgan Chase Bank, N.A. (2016) 6 Cal.App.5th 802, 819‐20; Kalnoki v. First American Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 43. Lastly, because it is wholly derivative of the first cause of action for cancellation of instruments, the second cause of action for declaratory relief necessarily fails. Stockton Citizens...

Excerpt: ...150, 1159.) Ordinarily, the judge will not consider the validity of the proposed amended pleading in deciding whether to grant leave to amend. Grounds for demurrer or motion to strike are premature. After leave to amend is granted, the opposing party will have the opportunity to attack the validity of the amended pleading. (See Kittredge Sports Co. v. Sup.Ct. (Marker, U.S.A.) (1989) 213 Cal.App.3d 1045, 1048.) Note that although it is true that s...

Excerpt: ... under section 998.” (Meissner v. Paulson (1989) 212 Cal.App.3d 785, 791.) However, where there is a unity of interest among the parties, such that there is a single indivisible injury, the offer may be sufficient. (Peterson v. John Crane, Inc. (2007) 154 Cal.App.4th 498, 505.) The question is whether the Pinnacle entities have a unity of interest such that there is a single, indivisible injury. Quite frankly, Pinnacle's cross‐complaint fails...