Excerpt: ...scission of the NOD which was recorded on October 10, 2017, thereby mooting Plaintiff's claim for cancellation of written instrument. (RJN, Ex. 12.) 2COA (2933.7 ‐ SPOC): The violation is alleged to be material “because in failing to assign a SPOC, the entity has prevented PLAINTIFF'S chances for a successful submission of the proper papers to complete a loan modification package to save the Subject Property from foreclosure.” (Id., ¶ 41.)...

Excerpt: ...3500 including costs are awarded to the Opposing Party and due within 30 days. Bertrand properly adjourned the January 14 deposition under section 2025.460(e) due to Plaintiff's failure to answers several questions listed in the Motion to Compel. The Court granted the Motion as to all questions except No. 6, which was incorrectly numbered, and 7, which was sufficiently answered during the first deposition. (See Decl. of Plaintiff, Ex. B.) Nothing...

Excerpt: ...have some basic information regarding this case, Plaintiff's argument that he must know something because “no one else has stepped forward” is speculative. (Reply 12:24.) Plaintiff has failed to demonstrate that Schultz has “direct personal factual information pertaining to material issues in the action.” (Westly v. Superior Court (2004) 125 Cal.App.4th 907, 910 [emphasis supplied].) Further, while Plaintiff has presented a list of what q...

Excerpt: ...e three‐day notice to quit. A three‐day notice to quit is a preliminary step before litigation in an unlawful detainer matter can be filed. C.C.P. §§ 1161 and 1166; Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 674‐675. As such, these emails appear to have been made in response to anticipated litigation. However, “[t]he anti‐SLAPP statute does not apply to litigation communications which constitute criminal extorti...

Excerpt: ...e three‐day notice to quit. A three‐day notice to quit is a preliminary step before litigation in an unlawful detainer matter can be filed. C.C.P. §§ 1161 and 1166; Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 674‐675. As such, these emails appear to have been made in response to anticipated litigation. However, “[t]he anti‐SLAPP statute does not apply to litigation communications which constitute criminal extorti...

Excerpt: ... § 25845(b)(c) [authorizing attorney's fees against property owner for abate costs for a nuisance]; Riverside County Ordinance No. 725 [abatement costs include attorney's fees]; Riverside County Ordinance No. 725, section 11b [authorizing liability of “owner…who willfully violates the provisions of a Land Use Ordinance…for a Civil Penalty not to exceed $1,000.00 for each day or portion thereof, that the violation continues to exist.”].) ...

Excerpt: ...it is not clear whether the documents listed are all the responsive documents in Defendant's possession and does not state that a diligent search and reasonable inquiry has been made in an effort to locate the item demanded and the reason the party is unable to comply. Furthermore, it does not set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item o...

Excerpt: ...”) for the investigation, that the agreement for services by CLA was entered into between AALRR and CLA and at no time did CLA contract with the College. (Dietrich Dec. ¶ 3.) Counsel informed CLA that the investigation was confidential and subject to attorney/client and attorney work product privileges and that CLA had been retained directly by his firm. (Dietrich Dec. ¶ 5.) At the conclusion of the CLA investigation a report was generated an...

Excerpt: ...13 for limitations.) The motion for a further response to Request for Admission No. 15 is DENIED. The motion for further responses to Form Interrogatory 17.1 is GRANTED, but limited to the Lake Elsinore store in dispute here. Generally, the discovery sought concerns defendant's defenses that it ceased operating at the leased premises and that its rent should be mitigated for the period of time it was unable to operate. The discovery sought is wit...

Excerpt: ...that, although Harney knew that Holt used drugs on the property and did not like the drug use, he took no affirmative steps to prevent it. (Ibid.) Plaintiff further alleges that Harney failed to warn failed to warn him of the dangerous condition. Plaintiff asserts that Holt, with whom he was in a romantic relationship, regularly provided drugs to Plaintiff. (Id at p. 8.) However, there are no allegations that Harney was present during these visit...

Excerpt: ...not clear when Remsen became a shareholder. At his deposition when asked when he became a shareholder, Remsen said in 2006. (Graff Decl. Ex. B p.14:15‐17.) Exhibit 3 attached to the FACI (Double D Pipeline Stock Ledger) indicates that Remsen acquired 820 shares on July 28, 2006 (pages 1 & 3), but the very same exhibit seems to indicate that Remsen acquired 820 shares on July 28, 2005 (Stock Certificate, page 16; DP000205.). Yankie claims the 20...

Excerpt: ...home to 3B for $325,000. At the time of these discussions, Cross‐Complainant Haryung was suffering from dementia and disorientation, and did not understand that the transaction that CrossDefendants were trying to cause him to engage in obligated Haryung to convey his home to them, and for far less than Mr. Haryung's equity in his home was worth. CrossDefendants took advantage of Haryung's weakness of mind and deceived him into signing papers �...

Excerpt: ...intiff is seeking for Rampage to identify or exactly what is meant by involvement in the “management” of Aerosports Trampoline or Aerosports Trampoline Park Murrieta, LLC . Given the ambiguity with the term “managers” and “management” along with the failure to limit the interrogatory as to time, the motion is denied as to Special Interrogatory Nos. 1 and 2. Had plaintiff met and conferred on this interrogatory, perhaps the meaning of ...

Excerpt: ...ficient to demonstrate that the Moving Defendant has fully performed his obligations to enforce the Settlement Agreement pursuant to Code of Civil Procedure section 664.6. Moving Defendant submits his declaration stating that the horse has been removed from the premises on November 9, 2020, and that certain photos were returned to Plaintiffs as contemplated by the Settlement Agreement. However, the Settlement Agreement, under section 2.1, require...

Excerpt: ...ullin, Richter & Hampton (2002) 96 Cal.App.4th 1017, 1051 [“A breach of a fiduciary duty alone without malice, fraud or oppression does not permit an award of punitive damages”] [internal quotation marks and bracket omitted].) Here, the FAXC does not contain sufficient allegations of malice, fraud or oppression. Cross‐Claimant's second cause of action is based upon BCMA's alleged failure to review the Atchisons' architectural plans in good ...

Excerpt: ...g was sustained…” (emphasis added) and thus does not apply here. There had need been a prior demurrer to the pleading nor was the amendment caused by the court sustaining a demurrer. Accordingly, the demurrer is not barred for this reason. 7COA: When paragraph 81 is read in conjunction with the other allegations in the FAC, it is clear enough that the termination was in violation of the public policy protecting whistleblowers, Labor Code §11...

Excerpt: ... settled their claims for $20,000.00 and French and Voit have settled with Plaintiff for $50,000.00. The facts as set forth in Roberts' motion are that Plaintiff tripped on an uneven sidewalk. There is a dispute as to whether palm trees planted by Roberts and Ryan caused the uneven sidewalk. County contests the settlement and asserts it is brought in bad faith. While County argues that Plaintiff's damages are more than $150,000.00, it provides no...

Excerpt: ...d to him that Defendant had not taken x‐rays on the day of the manipulation. He does not state that he suspected that the failure to take x‐rays was wrongdoing by Defendant or anyone else. The testimony is vague, tacit and fragmentary and does not appear to be an unequivocal admission that he suspected wrongdoing. Defendant's evidence should be strictly construed whereas Plaintiff's evidence should be liberally construed. As such, it appears ...

Excerpt: ...on defendant Yankie's objections to the declaration of Maxim Vaynerov because the evidence subject to the objection is not material to the disposition of the present motion in that the declaration is not part of the FACI. Remsen's objections to the evidence submitted by defendants in support of their demurrers is as follows: (1) Sustained (buy‐sell); (2) Sustained (not a contradictory declaration) and (3) Sustained (Coates declaration). RJN by ...

Excerpt: ...o the injury. In a letter describing the denial of the promotion, Captain Jeremy Cody stated that one possible reason and major factor was a significant decrease in his Physical Fitness Test due to loss of upper body strength caused by a motor vehicle accident. (ARC, Ex. C.) Captain Cody also indicated that there were other reasons for the denial. (Ibid.) While documents relied on by Cody or other involved in the promotional decision are directly...

Excerpt: ...DENIED. Moving Party is admonished that omnibus discovery motions in Riverside County are not allowed for future reference. RFP 2 & 5: Plaintiff has stated good cause that the responses and documents will reveal the extent of GM's evaluation of Plaintiff's pre‐litigation repurchase demand and identify the person responsible for the denial of his demand. The documents relating to GM's policies and procedures for its compliance with statutory pro...

Excerpt: ...cle. Neither DCH nor FCA US can invoke the arbitration clause. The only parties to the RISC that includes the arbitration provision are Plaintiff and the non‐party Dealer, Bob Baker. FCA is not a third‐party beneficiary. The language of the RISC, however, does not support the argument: Any claim for dispute whether in contract or tort, statute or otherwise … between you and us or our employees, agents, successors or assigns, which arises ou...

Excerpt: ... accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.” JM has...

Excerpt: ...e Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Nos. 3‐14: Neither of these are considered “facts and proposition that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code, §452(h).) The Motion is DENIED. SA Food has demonstrated that it had no duty owed to Plaintiff, an employee of its hired independent co...

Excerpt: ...further briefing. The only other materials the parties may submit if some how they cannot resolve this now is a declaration by Plaintiff whether they are seeking garden variety emotional distress. The Notice of the Motion must state the time, place, identity and specialty of the examiner, and the manner, conditions, scope and nature of the examination. (CCP §2032.310(b).) Neither motion complies with this as Defendants do not identify the scope ...