Excerpt: ...randt situation. On 07/12/2019, following a jury verdict in his favor and the court's execution of a judgment on 06/28/29, Plaintiff filed a notice of entry of judgment. This notice of entry was premature and improper because there was no final judgment at that point. This is clear from the fact that at the very least, the issue of Attorney fees/Brandt fees was outstanding. In California, “[t]here can be only one final judgment in a single acti...

Excerpt: ...elationship the Defendant and Plaintiff would each pool and combine their skills, efforts, labor and earnings…” (Compl., ¶ 7.) The 3rd cause of action seeks recovery based upon a contract implied in fact, an “implied understanding.” (Compl., ¶ 34.) The demurrer is based upon the grounds that the 1st through 3rd causes of action fail to state a cause of action, is uncertain and fail to state whether the cause of action is written, oral o...

Excerpt: ...ith a public issue, and all of Mr. Poynter's alleged statements are protected by the litigation privilege pursuant to Civ. Code §47(b), and Plaintiff cannot demonstrate a probability of prevailing on either of its causes of action. Defendant Poynter asserts that the alleged statements that Plaintiff King asserts as grounds for his single cause of action for slander and slander per se were purportedly made by Poynter to Alan Axelrod during a phon...

Excerpt: ... filed on or before 9/9/19. Accordingly, the opposition is not due until after the court's deadline for posting a tentative ruling. C.C.P. §664.6 provides that: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by th...

Excerpt: ...aims against them arise out of protected activity in furtherance of their constitutional right to free speech in lodging a complaint with their HOA stating that Plaintiff's Jacaranda trees violated the HOA's CC&Rs. Plaintiff Daniel Swartz' Complaint alleges 5 causes of action against Thunderbird Property Owners Association and Roy and Susan Hofheinz for: 1) breach of written agreement, 2) breach of fiduciary duty, 3) negligence, 4) discrimination...

Excerpt: ...priately. CCP Section 2032.530(a) provides “The examiner and examinee shall have the right to record a mental examination by audio technology.” The examination and all tests to be completed within six hours. No interview or tests questions are to address directly or indirectly the plaintiff's sex life, sex behavior and or sexual orientation. Defendant Phillip Schneider moves the court, pursuant to CCP §§ 2032.220, et seq., for an order comp...

Excerpt: ... the 2nd, 3rd, 4th, 5th and 8th causes of action. 2. Mitchell Brodie and Marcus Carter demur to the 2nd, 3rd, 4th, 9th and 10th causes of action. 3. Merv Griffin Equestrian Estate, LLC demurs to 2 nd, 3rd, 4th , and 5 th causes of action. Causes of action: (2) intentional misrepresentation, (3) fraudulent concealment, (4) unjust enrichment, (9) conspiracy and (10) aiding and abetting. Page 2 of 4 Plaintiff's claim that Defendant concealed that ot...

Excerpt: ...d Defendants but placed title in the property in the name of Defendants only based upon representations by the notary who notarized the subject deed, Mercedes Gutierrez, a friend of Defendant Anna Ramirez, that the parents could not put the names of more than two grantees on the deed. The subject deed was executed in1999. Plaintiffs allege that they were their parents' care takers and have been in possession of the land. The demurrer is based upo...

Excerpt: ...ses of action in their First Amended Complaint against all defendants: Morningside Community Association and Board of Directors Randall Zien, Jack Buckingham, Liza Ivins‐Hazelrig, Ronald Kolar, Chris Norman, and Wayne Pollard (collectively HOA Defendants); The Club at Morningside and its Board of Governors Rusty Goepel and Richard Cantlin and its General Manager and COO Greg Harris (collectively The Club Defendants), and Peters & Freedman, LLP ...

Excerpt: ...e” 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 safety of others. CC § 3294(c)(1). While the underlying claims may be generally alleged, specific factual allegations are required to support a punitives claim. Smith v. Sup.Ct. (Bucher) (1992) 10 Cal.App.4th...

Excerpt: ...r the 10‐year enforceability period, set forth in CCP §683.020. Judgement debtor seeks an order vacating the renewal of the judgment. In opposition, judgment creditor asserts that the 10‐year renewal period was tolled pursuant to 11 U.S.C. §108(c) due to judgment debtor's bankruptcy case. Further, that his renewal was timely as it was filed within 30 days after he was granted relief from stay to be able to file his renewed judgment pursuant...

Excerpt: ...to state facts sufficient to state a cause of action and/or are uncertain. Plaintiff Pamela Day's SAC alleges certain causes of action against moving parties as follows: 1 st (fraud/false promise), 2nd (fraud/concealment), 3rd (fraud/misrepresentation), 4th (breach of fiduciary duty), 7th (tortious interference with contractual relationship) and 8th (forcible detainer) which Defendants demur. On October 19, 2018 this court heard and sustained wit...

Excerpt: ... required voting requirements to amend the Bylaws from 51% of the voting power to two‐thirds of the ballots cast when ballots are received from at least a majority of the voting power. Association's petition alleges voter apathy and states that they made every effort to get out the vote of their 3,450 voters with the following results: Elimination of Cumulative Voting (January 11, 2019 ballot): 2,052 votes cast representing 59.5% of total voter...

Excerpt: ...e, duplicative, oppressive and imposes undue burden and expense on Plaintiff. Therefore, the court should issue a protective order directing that defendants amend their expert witness designation so that there is a single retained expert witness as to each subject matter upon which expert testimony will be offered. In opposition, Defendants state that they amended their designation of experts to address the issues raised by Plaintiff. Therefore, ...

Excerpt: ...evasive and nonresponsive. Form Interrogatory No. 17.1: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) State the number of the request; (b) State all facts upon which you base your response; (c) State the names, addresses, and telephone numbers of all persons who have knowledge of the facts; (d) Identify all documents an...

Excerpt: ...ses of action in their First Amended Complaint against all defendants: Morningside Community Association and Board of Directors Randall Zien, Jack Buckingham, Liza Ivins‐Hazelrig, Ronald Kolar, Chris Norman, and Wayne Pollard (collectively HOA Defendants); The Club at Morningside and its Board of Governors Rusty Goepel and Richard Cantlin and its General Manager and COO Greg Harris (collectively The Club Defendants), and Peters & Freedman, LLP ...

Excerpt: ... 2: Prayer for Relief, No. 3, Page 24, Line 14 as to punitive damages, which are not authorized against Toyota. No. 3. Paragraph 76, Page 11, Lines 9‐10, and paragraph 173, Page 22, Line 27 through Page 23, Line 89, because equitable and injunctive relief is not available when there is an adequate remedy at law available and they are irrelevant and not drawn in conformity with the law as against Toyota. No. 4: Prayer for Relief, Nos. 5 and 8, P...

Excerpt: ... to constitute a cause of action against them. Plaintiff's SAC alleges in pertinent part as follows:  Plaintiff Mitchell Kelley brings this as a derivative action on behalf of O.M. Contracting, Inc. and Y&M Management, Inc. against Yahya Omer Mohamed, Rolling Camel Page 2 of 9 Ranches, O.M. Investments, Inc. (nominal defendant), O.M. Contracting, Inc. (nominal defendant), and Y & M Management, Inc.  Kelley is a minority shareholder of O.M. ...

Excerpt: ...mail to the California Insurance Commissioner fail as International is not an insurer and GIC does not conduct any insurance Page 2 of 4 business in California. Further, Defendants assert that Plaintiff failed to comply with the provisions of Ins. Code §§1610 and 12931. In support of its motion, Defendants submit the declaration of Peter Williams, Regional Claim Manager for The Burlington Insurance Company. The declaration states that Internati...

Excerpt: ...y he purchased for $85,000.  In early 2014 Plaintiff fell behind in paying his property taxes.  Plaintiff received a foreclosure notice for his unpaid taxes of $6,000.  Plaintiff called a real estate agent by the name of Rocio Velasco for advice. She advised Plaintiff that she worked for Jerry Corona, from Century 21, who was an investor and Page 3 of 5 could help him.  In February 2014, Plaintiff went to Corona's office.  Plaintif...

Excerpt: ...en purchase agreement, which was part financed by UPC pursuant to a promissory note executed by HN. This case was settled in its entirety and dismissed on March 16, 2017. In PSC1700610, Plaintiff C&W Electric filed suit against multiple parties, which did not include UPC, and also sought to foreclose its mechanic's lien against the property. This action was dismissed on February 8, 2018. In PSC1700746, Orr Builders filed suit against multiple par...

Excerpt: ...re. Healing Nature, LLC asserts it is the prevailing party on its Cross‐Complaint against United Pentecostal Church for breach of the purchase and sale agreement due to the UPC's failure to disclose material facts concerning the unpaid construction costs that resulted in mechanic's liens against the property. As the parties' purchase and sale agreement has a provision that states, “In any action, proceeding, or arbitration between Buyer and S...

Excerpt: ...rroneous calculation of the project profits by failing to deduct the project's full land purchase costs of $4,060.000; the indirect costs of $241,222 and committed costs of $95,416. Page 2 of 5 Plaintiff's expert, Mr. Taylor calculated a 50% profit division based on a land purchase price of $2,905,000 rather than the total amount spent by defendant to acquire all 59 lots developed and subject to the profit participation agreement which amounted t...

Excerpt: ... in the lease, a "care facility providing inpatient detoxification, residential treatment and lodging, and other substance abuse related activities." Plaintiff now seeks leave to file an FAC deleting the three causes of action for rescission and proceeding on a their cs/a for breach of contract, negligent misrepresentation and money had and received based upon a different set of facts, to wit, that the Plaintiffs Page 3 of 5 provided writ...

Excerpt: ... Contemporary Services Corporation (CSC) at an outdoor concert called Desert Trip put on by Defendant Golden Voice (GV) and at Defendant Empire Polo Club (EPC). Essentially, Plaintiffs allege that decedent went into cardiac arrest and died as a result, in part, of the conditions of the housing provided by GV and EPC. More specifically, Plaintiffs allege that high winds and dry heat caused large clouds of dust that made it hard for people to breat...