Excerpt: ... fee and cost incurred in bringing the instant motion must made through a separate motion for fees. “The Legislature enacted…anti-SLAPP statute [strategic lawsuit against public participation]…to provide a procedural remedy to dispose of lawsuits that are brought to chill the valid exercise of constitutional rights. [Citation.]” (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1055.) Code of Civil Procedure section 425.16 provides a two-step tes...

Excerpt: ...table dwelling, (2) breach of covenant and right to quiet enjoyment and possession of the property, (3) nuisance, and (4) negligence. The Complaint seeks general and special damages, rent abatement, punitive damages, and statutory damages under applicable law. Plaintiffs allege that they were tenants of a property located at 41241 Orange Place, Hemet, California (the “Property”), owned and managed by Defendants. (Compl. ¶ 1.) They have resid...

Excerpt: ...out of allegations that Defendant City of Indian Wells (“City”) ignored his Violence Against Women Act (VAWA) request for an emergency transfer from one senior housing unit in which Plaintiff Michael Ydigoras (“Plaintiff”) resided to another unit owned by the City and operated by Defendant WinnResidential California L.P. (“Defendant”). Plaintiff alleges that the actions/inactions of City and Defendant violated his civil rights as an e...

Excerpt: ...e Project consisted of over 50 lane miles of Jointed Plain Concrete Paving (JPCP) and the widening of twelve bridges including the Santa Ana River Bridge (SARB), which required erecting 175-foot, 235,000-pound girders. Plaintiff was the design-build contractor. In March of 2018, Plaintiff awarded the SARB girders subcontract to Defendant, OldCastle Infrastructure, Inc. (OldCastle), which was to fabricate and deliver the girders according to speci...

Excerpt: ...k by a truck owned by Defendant U-Haul of Arizona, which was leased by Defendant Mary Mills and operated by Defendants Travis Alexis and Michael Mills. Decedent suffered severe injuries and died in the hospital. Plaintiffs allege negligence on the part of the Defendants. Plaintiffs noticed the deposition of Roehl's PMK and sent corresponding request for production. Libby Block, as PMK for Roehl, was deposed on January 24, 2023. During the deposit...

Excerpt: ...Defendants entered into an oral agreement whereby plaintiff agreed to: 1) be the legal counsel for defendants with regards to defendants' political campaign to become directors of Salton Community Services District in Thermal, California; 2) be defendants' political campaign manager; and 3) be Page 4 of 5 defendants' political strategist for the November 2, 2021 elections. After Defendants won their elections and were sworn in as directors for Sa...

Excerpt: ... of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.” Given the disposition of this motion, the ruling on the objections are not relevant to the ruling on this motion. SUMMARY JUDGMENT/ADJUDICATION “On motion for summary judgment, the issues are framed by the pleadings since it is those allegations to which the motion must respond.” (Scolinos v. Kolts (1995) 37 Cal....

Excerpt: ...suant to CRC 3.110(b & f) FIRST CAUSE OF ACTION An agreement for the sale of any interest in real property is invalid unless it is in writing. (Civil Code § 1624(a)(3); Alameda Belt Line v. City of Alameda (2003) 113 Cal.App.4th 15, 20-21.) FOURTH CAUSE OF ACTION No representation. Representations concerning future events – e.g., predicting future conditions in the real estate market – are generally not actionable, whereas representations of...

Excerpt: ...n fails because it does not allege a tender of the amount of the indebtedness owed. The plaintiff notes that no tender is required if It would be inequitable to enforce that condition against the plaintiff. (Oppo., p. 4, l. 17, through p. 5, l. 22.) In arguing that the enforcement of the tender rule would be inequitable in this case, the plaintiff contends that the defendants' “misconduct was in the filing of the Notice of Default with a false ...

Excerpt: ...icial notice of Plaintiffs Government Claims, in order to establish the truth of the attached police reports. However, it is improper to take judicial notice of a police report. (Petricka v. Department of Motor Vehicles (2001) 89 Cal.App.4th 1341, 1345 n.1.) Factual and procedural background: On 2/25/22, Defendant Mark Anthony Buelna (“Deputy Buelna”), a Deputy with Defendant County of Riverside (“County”) (collectively “Defendants”),...

Excerpt: ...rdy (collectively “Defendants”) were all aware of the dangerous propensity of the dog. Defendants allegedly caused or allowed the dog to bite Plaintiff. Plaintiff's operative First Amended Complaint asserts claims for negligence and strict liability. Trial is set for April 14, 2023. On January 9, 2023, the court denied Defendant Topline's ex parte application to continue the trial to April 21, 2021. On January 9, 2023, the court amended the o...

Excerpt: ...la, California. Plaintiff agreed to sell the property for $2.5 million. Plaintiff's mortgage had an outstanding balance of $1,185,000, meaning Plaintiff had $1,315,000 in equity. The buyers agreed to pay $1,350,000 in cash at the close of escrow and the remaining $1,150,000 in six months. Plaintiff agreed to carry back the $1,150,000 on a promissory note secured by the property with six monthly interest payments, with the note to be paid off in f...

Excerpt: ...efense; or (3) showing that plaintiff does not possess and cannot reasonably obtain needed evidence. (C.C.P., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that t...

Excerpt: ... operative First Amended Complaint (“FAC”) against GM, alleging (1) violation of Civ. Code § 1793.2(d); (2) violation of Civ. Code § 1793.2(b); (3) violation of Civ. Code § 1793.2(a)(3); and (4) breach of implied warranty of merchantability. Plaintiff alleges that, on March 19, 2017, she purchased a 2017 Chevrolet Silverado 1500, manufactured and distributed by GM. (FAC ¶ 9.) She alleges that, during the warranty period, the subject vehic...

Excerpt: ...ming final (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP §1019.5. This is a tenant versus landlord action in which Plaintiff Kelani Capistrano alleges 9 causes of action in her First Amended Complaint for 1) breach of contract, 2) breach of covenant of good faith and fair dealing, 3) breach of covenant of quiet enjoyment, 4) IIED, 5) NIED, 6) negligence, 7) wrongful eviction, 8) con...

Excerpt: ...m. on August 8, 2020. (AR024.) Petitioner told Officer Leanos that he was driving his Can-Am at approximately 45-50 mph within the open campground area. He made a right turn, lost control, and flipped the vehicle 1-2 times. After the collision, Silva drove the vehicle back to his campsite and Brian Solorio called 911. Solorio sustained deep lacerations to his middle finger as a result of the crash and he was transported to Victor Valley Medical C...

Excerpt: ...complaint to Hussam . Defendants did not file a response to the Complaint, and their defaults were entered on 12/22/20. On 12/10/21, Plaintiff filed its First Amended Complaint (FAC) for breach of lease and guaranty. The FAC named as defendants Poke-Ria, Inc., Hussam and Chade Joher (Chade). Based on the POS filed in this case on 2/16/22, 3/29/22, and 4/12/22, Defendants were served with the summons and FAC by substituted service. Specifically, C...

Excerpt: ...pear by Zoom/telephone at the next hearing. Factual / Procedural Context Plaintiff Kristopher Dreyer, pro per, filed the operative Complaint on August 26, 2021 alleging the following claims against Defendants Kezia Marques and Sean Patterson: (1) Defamation; (2) Slander; (3) Libel; (4) Fraud. Plaintiff filed a proof of services of summons on Defendant Kezia Marques on August 30, 2021. The proof of service indicates Marques was served via personal...

Excerpt: ...d to give notice pursuant to CCP §1019.5. On March 19, 2021, Plaintiff Constance Lee Sherman slipped and fell at a vacation rental property owned by Defendants Steven D. Gilbert and Peggy Gilbert and managed by Defendant Vacasa LLC. She alleges she was walking on the patio near the pool when she slipped on wet stone causing a dislocated and shattered elbow, fractured forearm and fractured wrist. On October 18, 2021, Plaintiff filed her complaint...

Excerpt: ...chased a 2019 Chrysler Pacifica (the “Vehicle”), which was manufactured and distributed by FCA, from non-party dealer, Jim Manning Dodge, Inc. in Dinuba, California (Tulare County). (Complaint, ¶ 8; Declaration of Ali Azemoon in Support (“Azemoon Decl.”), ¶ 2, Exhibit A.) The Vehicle was backed by various warranties. (Complaint, ¶ 9.) Plaintiff alleges that defects and nonconformities to warranty manifested themselves within the warran...

Excerpt: ...d hour laws. When he complained, Defendants allegedly reduced his compensation. On November 2, 2020, Plaintiff filed the Complaint alleging 1) retaliation; 2) misclassification; 3) failure to pay wages; 4) failure to pay minimum wages; 5) failure to pay overtime; 6) failure to indemnify business expenses; 7) failure to provide meal and rest periods; 8) failure to provide one day rest for every workweek; 9) failure to provide itemized wage stateme...

Excerpt: ...errules Plaintiff's objections to the declaration of Chad Thompson and Heidi FallsHand to the original motion. The Court overrules the objections to the reply declaration of Chad Thompson. The Court declines to rule on the reply declarations of Heidi Falls-Hand, Janel Johnson and/or Andrew Wellman as neither declaration was relied upon in rendering this ruling. The Court denies Plaintiff's request for judicial notice of RIC1903401. Factual / Proc...

Excerpt: ...rovide notice pursuant to CCP 1019.5. Plaintiff Philip Moreb's Second Amended Complaint (SAC) alleges two causes of action for 1) HBoR violations, and 2) UCL violations. Defendants U.S. Bank N.A. and Fay Servicing, LLC demur to both causes of action in Plaintiff's SAC on the grounds that they fail to state facts sufficient to state a cause of action. Defendants also asserts that judicial estoppel bars all of Plaintiff's claims. This court in ruli...

Excerpt: ...ned with leave to amend within 20 days. Motion to Strike is moot. A demurrer also lies where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal. 3d 120,125.) The court assumes the tru...

Excerpt: ...ite and also its physical locations. Plaintiff alleges that he genuinely wants to use Defendant's goods and services, and that he is a tester who visits places of public accommodation to determine their compliance with Title III of the ADA. He alleges that Defendant's website fails to provide alternative text for graphic images that can be read by screen readers. Plaintiff filed the original Complaint on July 26, 2022 and the operative First Amen...