Excerpt: ...s and private nuisance. Defendants KUD Properties, Inc. and Shields Residential Incorporated oppose the motion on the grounds that Plaintiffs unreasonably delayed amending and that allowing amendment would prejudice Defendants. The motion is granted for the following reason. Defendant has not shown prejudice. If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, ...

Excerpt: ...ns' widow and son, filed this lawsuit asserting, among other claims against various defendants, that settling Defendant Mott McDonald, the engineering firm that designed the plant, was liable for Mr. Collins' death because of its negligence. The factual account of the accident is not in dispute for the purposes of this motion. Various lockout/tagout (LOTO) sheets are used when performing work on the plant. The LOTO sheets itemize the vents, valve...

Excerpt: ...uzik, Ted J. Mertens and Jon Berg collectively, “Respondents”). Broadly speaking, the Petition challenges the City's adoption of an ordinance that limits the right of Petitioners to use their property (the “Property”) as a short‐term rental (“STR”). Since approximately 2015, Petitioners have maintained a Grandfathered Permit that allows them to rent the Property as an STR. (FAP, ¶¶ 17, 22.) In March 2018, the City adopted Ordinanc...

Excerpt: ... the plumbing company that allegedly worked on the subject toilet, Defendant Lozano Plumbing services. The court granted Lozano's motion to strike punitive damages in the original Complaint. (See below) Lozano now moves to strike punitive damages in the FAC. Plaintiff has not pleaded malice. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (CC § 3294(a).) “Malice” means conduct intended by the defen...

Excerpt: ...fs Denise and Christopher Collins, Mr. Collins' widow and son, filed this lawsuit asserting, among other claims against various defendants, that moving Defendant Gemma, the contractor Page 4 of 5 hired by Defendant CPV Sentinel Energy Center, LLC to build the plant, was liable for Mr. Collins' death as a result of its negligence. The factual account of the accident is not in dispute for the purposes of this motion. Various lockout/tagout (LOTO) s...

Excerpt: ..., (4) violation of California False Advertising Law‐B&P Code 17500, and (5) declaratory relief is that contracting work done under the government PACE program to make Plaintiff's home more energy efficient Page 3 of 5 was defective and incomplete and that Plaintiff was not told that the financing costs would be added to her property taxes. The Ygrene PACE financing program at issue here operated under authority of California Senate Bill (SB) 55...

Excerpt: ...ministrative remedies regarding this cause of action by not filing an administrative complaint with the Department of Fair Employment and Housing (“DFEH”) that included a charge of sexual harassment, or conduct corresponding thereto, within one year of the date the alleged unlawful practice occurred. (Former Gov. Code, § 12960, subd. (d), amended by stats. 2019, c. 709 (A.B.9), § 1, eff. Jan. 1, 2020; Wills v. Superior Court (2011) 195 Cal....

Excerpt: ...aw‐B&P Code 17200, (4) violation of California False Advertising Law‐B&P Code 17500, and (5) declaratory relief is that contracting work done under the government PACE program to make Plaintiff's home more energy efficient was defective and incomplete and that Plaintiff was not told that the financing costs would be added to her property taxes. The Ygrene PACE financing program at issue here operated under authority of California Senate Bill ...

Excerpt: ... Plaintiff alleges that she was comatose during the first two weeks of her admission. In her 5th AC Plaintiff has abandoned her c/a for medical negligence and now asserts cs/a only for (1) fraud and (2) elder abuse. The 5th AC is also less factually specific than the 4th AC because Plaintiff has omitted specific factual allegations regarding the direction of Plaintiff's care by her physicians, allegations that the court previously found contradic...

Excerpt: ...); No. 20 (a), (b), (c) are sustained. No other objections are material to this ruling and all are preserved for appeal. Moving party to prepare the order. This SAC for: (1) negligence, (2) premises liability, (3) wrongful death and (4) nuisance is based upon decedent's death while providing security as an employee of Contemporary Services Corporation (CSC) at an outdoor concert called Desert Trip put on by Defendant Golden Voice (GV) at Defendan...

Excerpt: ...1, 2019 through the present date, regardless of whether such documents have any bearing on the instant litigation. The documents sought in the SDT largely have no relevance to the subject matter of this litigation, are not calculated to lead to admissible evidence, and the threat of exposing Big Wood employees', customers' and other third parties' private financial information far outweighs the necessity of this Subpoena. In opposition, Defendant...

Excerpt: ...y without providing Plaintiff a reinstatement amount and before the time to cure had expired. The terms of repayment were included in a Settlement Agreement entered into after Billy Jo Frye, the purchaser and obligor on the Note failed to make payments and filed for bankruptcy twice. Immediately upon purchase of the property Frye had conveyed her interest to herself as Trustee of Plaintiff the Brookville Trust. The Settlement Agreement provides t...

Excerpt: ... suffered by three other guests in 2017 as a result of exposure to excess pool chemicals. Plaintiff has not sufficiently pleaded malice. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (CC § 3294(a).) “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or saf...

Excerpt: ... (a), (b), (c) are sustained. No other objections are material to this ruling and all are preserved for appeal. Moving party to prepare the order. This SAC for: (1) negligence, (2) premises liability, (3) wrongful death, and (4) nuisance is based upon decedent's death while providing security as an employee of Contemporary Services Corporation (CSC) at an outdoor concert called Desert Trip put on by Defendant Golden Voice (GV) at Defendant Empire...

Excerpt: ...s partner Lowrance, could acquire a 49% interest in the shares of Mischief upon the payment of $32,000.00. Byrd and Lowrance never paid that required consideration and therefore, never acquired an interest in Mischief. ¶ 15 Mundt was willing to overlook the above failure of consideration so long as Byrd and Lowrance were willing to devote their undivided loyalty to both Mundt and Mischief in their operations of Mischief However, Byrd and Lowranc...

Excerpt: ...Capital Management, LLC to provide further responses to Special Interrogatories numbers 4 and 29 and requests sanctions of $2,659.80. The interrogatories and responses at issue are as follows: NO. 4: Why was PNMAC Mortgage Co., LLC cancelled? RESPONSE: Capital objects to this interrogatory on the grounds that it: (i) involves the internal operations of Mortgage Co. and must be directed to the authorized representative of Mortgage Co. rather than ...

Excerpt: ...ions 418.10(a)(1)(2), 418.10(d), and 410.30(a), on the grounds that this Court lacks personal jurisdiction over Defendant who has insufficient minimum contacts to the forum for such jurisdiction to be asserted and California is an inconvenient forum since Mr. Yost is a resident of the State of Michigan. In support of his motion, Yost submitted his declaration that declares: • He is not a resident of the State of California, nor have has he ever...

Excerpt: ...G Nos. 2‐6 and RFP No. 41. Sanctions denied. This is a personal injury action in which Plaintiff alleges that she was injured when Defendant negligently drove away before Plaintiff was fully in Defendant's vehicle. Plaintiff's Complaint alleges the causes of action for motor vehicle and general negligence, claiming wage loss, hospital and medical expenses, general damage, and loss of earning capacity. Page 10 of 14 Defendant is moving to compel...

Excerpt: ...se the request is denied. Court declines to rule on DWA's evidentiary objections. (CCP § 437c(q).) Court declines to rule on MSWD's evidentiary objections. (CCP § 437c(q.) This action arises out of the Sustainable Groundwater Management Act (Water Code § 10720 et seq.) (“SGMA”). Petitioner Mission Springs Water District (“MSWD”) filed its original petition on February 16, 2016 and the operative third amended petition (“TAP”) on Jun...

Excerpt: ... Edward Ortiz and Nancy Ortiz (“Plaintiffs”) filed the complaint seeking to quiet title to the Property on June 7, 2019 against defendants Kenneth Bordewick and 1801 Boulevard Holdings, LLC (the “LLC”) (together, “Defendants”). Defendants filed a cross‐complaint for breach of contract and fraud against Plaintiffs on September 19, 2019. The parties subsequently entered into a stipulation, which provides in relevant part: • Defendan...

Excerpt: ...an order compelling CrossDefendant Pennymac Loan Services, LLC to provide further responses to RFA numbers 10 and 11 and for sanctions. CitiMortgage asserts that Pennymac's responses to these requests merely provided meritless objections. The RFAs in question are as follows: No. 10: Admit that YOU had a duty to notify Plaintiffs that CitiMortgage repurchased the LOAN. RESPONSE: PLS objects to this Request on the ground that it: (i) is vague and a...

Excerpt: ...roject by Defendant Southern California Edison to move transmission lines that crossed I‐10 from temporary to permanent poles. On 04/21/17, Plaintiff in the instant individual case (PSC1801449), Maria Alvarez, filed identical government claims with the State of California naming the responsible agency in one as Caltrans and the CHP in the other based upon the following: At approximately 5:15AM on October 23, 2016, Ms. Alvarez was a passenger in...

Excerpt: ...d damages. Like the First Amended Complaint, the Second Amended Complaint (“SAC”), alleges four causes of action against Defendant Sellers for: (1) Intentional Misrepresentation Regarding Zoning; (2) Negligent Misrepresentation Regarding Zoning; (3) Intentional Misrepresentation Regarding the Addenda Page 4 of 7 to the Purchase Agreement; and (4) Declaratory Relief for Cancellation of the Purchase Transaction. Defendant Sellers once again gen...

Excerpt: ...Page 3 of 3 As to relevancy, Essentially Defendant claims that it has agreed to produce documents which it has determined are relevant to Plaintiffs' claims, those being, documents relevant to specifically Plaintiffs' vehicle: GM's Global Warranty History Reports for Plaintiffs' Cruze, including that vehicle's Transaction History documenting all the warranty repairs for which GM—not Plaintiff— paid; incidentally obtained repair orders for Pla...

Excerpt: ...as an experienced drug user. He had a history of convictions for use, possession and manufacture of methamphetamine. Prior to the collision, Miller consumed some quantity of methamphetamine intentionally. As a result of prior drug education programs to which he was sentenced, Miller knew that the methamphetamine would cause him drive dangerously and to be unable to maintain concentration and focus, and to be unable to safely operate a vehicle. He...