Excerpt: ... section 1019.5, forthwith. The gravamen of the First Amended Cross‐Complaint (“FACC”) is as follows: The parties entered into a commercial lease for property equipped for vehicle sales, repair, and service. The lease also contained a purchase agreement for cross‐defendant's purchase of the Suzuki dealership equipment, furniture, and parts inventory in the amount of $100,000. The lease contained a bill of sale, which is allegedly attached...

Excerpt: ...ct, enough is alleged in the general recitals. 2COA: The complaint adequately asserts facts to support the cause of action. 3COA: This is adequately plead based on the contract alleged in the recitals and ¶27. 4COA: ¶¶32 and 10 provide sufficient description of the converted property. 5COA: The threat to report without more does not amount to IIED. 6COA: Unless stated otherwise, enforcement of the Penal Code is reserved to the Executive Branch...

Excerpt: ...ake judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879). Defendants request for judicial notice of the DOT, Substitution of Trustee, Notice of Default and Notice of Trustee's Sale is GRANTED. The Demurrer is SUSTAINED with 20 days leave to amend. 1 st Cause of Action: Although Plaintiff alleges violations of HB...

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: ...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: ...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: ...xists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; (b) Grounds exist for the revocation of the agreement; or, (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. Califor...

Excerpt: ...ying the original files for 17 LazyB. On August 24, 2017 this Court heard an ex parte application filed by Plaintiff seeking an OSC RE: Contempt. The parties stipulated that Plaintiff was to inspect the case file at defendants' counsel's office the next day at 1:00 pm.The Court denied the ex parte application and advised Plaintiff, a pro per litigant, that an ex parte application should be filed for emergencies only in the future, non‐emergenci...

Excerpt: ...p of the information sought to the issues framed in the pleadings; (2) the likelihood that disclosure will be of practical benefit to the party seeking discovery; and (3) the burden or expense likely to be encountered by the responding party in furnishing the information sought. (Columbia Broadcasting System, Inc. v. Sup. Ct. (Rolfe) (1968) 263 Cal.App.2d 12, 19.) As to Nos. 14, 15, 19, 20: These interrogatories request information regarding cont...

Excerpt: ...ure section 1019.5, forthwith. Plaintiff seeks to have the Court strike out language that he asserts is surplusage and irrelevant or a sham based on an OSHA report of which the Plaintiff requests that the Court take judicial notice. However, the contents of the report are hearsay and inadmissible to establish that portions of Defendant's answers are a sham. For the following reasons, the motion is denied in part and granted in part. Code of Civil...

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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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...

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...