Excerpt: ...e. I. Evidentiary objections. a. Plaintiffs' evidentiary objections. i. As to Long Declaration: Plaintiff's objections 1‐16, 18‐20, 22‐28 are OVERRULED.. Plaintiff's objections 17, 21 are SUSTAINED. ii. As to Yorke Declaration Plaintiff's objections 1‐6 are OVERRULED. b. Cardenas' evidentiary objections. i. As to McLaughlin's testimony. Cardenas' objections 1‐8, 12, 14, 17‐27, 29 are OVERRULED.. Cardenas' objections 9, 10, 11, 13, 15,...

Excerpt: ...§436.) Accordingly, Defendant's motion is not untimely. In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. Clauson v. Sup. Ct. (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255. The same liberal policy regarding amendment of pleadings applies as on sustaining demurrers. Therefore, as long as the defect is correctible, an amended pleading will usually be allowed. C.C.P. §576...

Excerpt: ... a motion to strike “the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged.” (Washington Internat. Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984 [footnote 2].) A motion to strike is the proper vehicle to attack a claim for punitive damages. (C.C.P. §§435‐436; Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4t...

Excerpt: ...g the contempt….” (Code Civ. Proc., §1211(a).) If the judge is satisfied with the sufficiency of the affidavit, the judge then must sign an order to show cause re contempt that is directed to the accused person, in which the date and time for a hearing are specified. (In re M.R. (2013) 220 Cal.App.4th 49, 58.) In order to give the court jurisdiction to punish for indirect contempt committed outside presence of court the contemnor must be ser...

Excerpt: ...q).) Both parties filed evidentiary objections. Both parties submitted evidentiary objections, of which the following are deemed relevant to ruling on this motion. Plaintiffs' objections to Video: No. 1: OVERRULE Defendants' objections to Declaration of John O'Connor: No. 1: SUSTAIN (Thompson v. Sacramento City Unified School District (2003) 107 Cal.App.4th 1352, 1373—"an expert's speculative and conjectural conclusion that different measures m...

Excerpt: ...4 Cal.App.4th 612, 616 (1993).) First Cause of Action The demurrer is sustained. No leave to amend. Disgorgement of profits is not an available remedy under the UCL and Plaintiff has not otherwise established standing. Although Plaintiff in the present case alleges that it seeks restitution under its first cause of action for violation of the UCL [SAC, ¶ 22], it is clear that it seeks damages – disgorgement of profits – which is not availabl...

Excerpt: ...long with a Civil Code 1542 waiver. The court has previously noted that the only facts that can be used in the instant lawsuit are those occurring after the settlement, from May 22, 2018 to the present. In Plaintiff's Separate Statement, he argues that the “facts prior to the May 21, 2018 Settlement Agreement are essentially [sic] and cannot be barred from the scope of this case.” Plaintiff's Response to Undisputed Material Facts No. 1. Howev...

Excerpt: ... purely for their own benefit. The contents of the encroachment permit, which was signed on Orr Builder's behalf, sets forth work that Orr agreed to do on City property on behalf of City as a condition of issuing the permit. Pursuant to the terms of the permit, signed by Orr, they agreed to comply with all applicable City ordinances, which included City of Cathedral City Municipal Code section 14.16.110, which obligated Orr to provide liability i...

Excerpt: ... to the third amended complaint (TAC) and the motion to strike [and has considered the oral arguments of counsel]. The TAC alleges causes of action for (1) dissolution, (2) accounting, (3) breach of fiduciary duty and constructive fraud, (4) conversion, and (5) unfair business practices. The matter arises out of the operation and later distress sale of plaintiff A#1 Services Heating and Air Conditioning, Inc.'s (A#1) assets and goodwill to Grange...

Excerpt: ...field, retired Judge of the Los Angeles Superior Court under assignment by the Chief Justice. Plaintiff has brought three discovery motions: (1) Motion to Compel Further Responses to Requests for Production (RFP) of Documents; (2) Motion to Compel Further Responses to Special Interrogatories (SI); and (3) Motion to Compel Further Responses to Requests for Admission (RFA). The Court has read and considered all written submissions in connection wit...

Excerpt: ...of Civil Procedure (CCP) section 427c(t), pertaining to the defendant's compliance with Labor Code (LC) section 226(a)(8) which provides that “[a]n employer…shall furnish to his or her employee…an accurate itemized statement in writing showing…(8) the name and address of the legal entity that is the employer…” The parties agree that a company can list its registered fictitious name and still comply with LC section 226(a)(8). However, ...

Excerpt: ...ve satisfactorily and sufficiently executed the agreement. The court also notes that in a prior case against different parties arising out of the same set of facts and the same arbitration agreement, the matter was ordered to arbitration, but the court independently analyzes this case with the parties joined in this case and the asserted arbitration agreement as it relates to these parties. In this case the plaintiff submits assertions, but has f...

Excerpt: ... II, III and IV. Factual / Procedural Context On September 2, 2020, the court entered an order in the Lockhart action (RIC 1507504) certifying a class of “all non‐exempt or hourly employees who worked at any of Columbia's retail facilities in the State of California” during the Class Period (defined as “June 23, 2011 up to the deadline by which class members may opt‐out after being provided notice of certification”). (See Order Granti...

Excerpt: ...ited Parcel Service driver who had just delivered a package at Two Springs. Plaintiff alleges the following: After delivering the package, Plaintiff returned to his truck, took out his phone, and looked up the location of his next delivery before departing. White unexpectedly leaned into the truck and aggressively told Plaintiff that Plaintiff needed to leave immediately. Plaintiff responded that White should "Chill out," and told White that Plai...

Excerpt: ...t which added the following defendants: Tony Lanza; Brett Gregor; Karen Gregor; Margaret Schramm; Susan Screen; Leslie Rutter; Carolyn Rutter; Drew Couto; Beth Ballerini; and Judith Myers. The HOA alleges that Defendants violated the CC&Rs and the La Quinta Fairways Rules and Regulations (together, the “Governing Documents”) by advertising their individual properties as short‐term rentals and submitting leases to the HOA for approval that, ...

Excerpt: ...ore specifically, Aliza (Lisa) Wolf who had been married to Shalom and Zipora's now deceased son, Asher, claims that after Shalom and Zipora created a Trust as part of their estate plan, but did not provide for Sarahi and Leah in the Trust, Shalom and Zipora nevertheless orally promised to provide for Sarahi and Leah. Aliza also claims that in the three‐month period between Shalom's death in July 2019 and Zipora's death in July 2019, their othe...

Excerpt: ...f the hearing on this motion. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This is one of three motions which all arise out of Defendant/Cross Complainant 14080 Palm, LLC's failure to timely serve verifications with its discovery responses. To be sure, the failure to do so for extended period of time, as happened here, is improper. However, equally objectionable are certain positions advocated by the ...

Excerpt: ...n administrative hearing regarding alleged violations of the statutes and regulations governing the operation of traffic schools. Petitioners then moved to set aside that default on the grounds that they did not receive notice of the administrative action. That motion was denied because the hearing officer found that Petitioners did Page 3 of 3 receive notice. The order revoking Petitioner's license has now become final. This petition challenges ...

Excerpt: ...complaint for breach of contract in the U.S. District Court, Central District of California, Case No. 17‐cv‐00433 against Hayday, Lyndon Ichida and the Ichida Family Trust. In that case, Hayday successfully compelled arbitration and the federal action was dismissed. Hayday now has claims against FeeDx Holding, Inc., HayDx, Inc. Thomas Tsai, and FFNT pending in AAA Case No. 01‐17‐002‐8035. The claims and cross‐ claims in the arbitratio...

Excerpt: ...arcia owns certain real Page 2 of 6 property in Coachella. City of Coachella filed criminal charges against him alleging municipal code violations related to the property. Garcia pled guilty to 9 counts based on a stipulated sentence including a $9,000 fine ($8,100 stayed pending cure of the defects at the property within 90 days). Garcia cured the defects within 90 days and paid his $900 fine. City attorney did not tell him that in addition to t...

Excerpt: ...Court has statutory power to grant relief from such waiver in accordance with the procedures discussed below. (Code Civ. Proc. § 2030.290(a).) The moving party's declarations must establish that the party's failure to serve a timely response resulted from “mistake, inadvertence or excusable neglect.” (Code Civ. Proc. § 2030.290(a)(2).) There is no dispute that Plaintiffs' initial failure to timely respond to discovery was due to the dis...

Excerpt: ...sition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410.) Sexton referenced Los Angeles Superior C...

Excerpt: ...This interpleader action is based upon the following allegations: “6. Lents purchased a limited partnership interest in Lake Highlands Thrive, Ltd. ("LHTL") by executing a limited partnership agreement, subscription agreement and all documents necessary to become a limited partner of LHTL. At the time of Lents' purchase, the Plaintiffs were wholly‐owned by LHTL. 7. Lents purchased her limited partnership interest in LHTL with a ch...

Excerpt: ...�Holdings”) CrossComplaint. The Court denies summary judgment to International on Cross‐ Page 3 of 24 Complainants Amy Brinkman and IJLSF, LLC's Cross‐Complaint. The Court grants summary adjudication to International on Cross‐Complainants Amy Brinkman and IJLSF, LLC's Cross‐Complaint as to the 2nd and 3rd causes of action and as to the 1st cause of action allegations of breach of contract for: failure to approve Holding's transfer and f...

Excerpt: ...5, forthwith. There is no provision in the CCP or Rules of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court...

Excerpt: ... This complaint for (1) trade libel, (2) tortious interference with business relations, (3) trespass to chattels and (4) conspiracy is based upon allegations that Defendant Melissa Swauger who is involved in a contentious dissolution with Jonathan Swauger, principal of Plaintiff JLS Development Group, Inc., and her parents, Defendants Michael and Cathleen Marmon, have taken actions with the express purpose of ruining JLS and attempting to force J...

Excerpt: ...FPs (Set 1) as to RFP Nos. 28, 29, 30, 31, 32, 34, 40, 41, 42 and 43. The Court denies the motion to produce the Person Most Knowledgeable (“PMK”) for deposition. The Court grants the motion to compel responses to PMK RFP Nos. 6, 7, 8, 14, 15, 16, 17, 18, 19 and 20. In addition, the Court grants the request for sanctions in the amount of $1,150.00 related to the motion to compel production of RFPs related to PMK. Defendant SB Hospitality Palm...

Excerpt: ... was timely served as Proof of Service (“PoS”) says that it was “caused to be delivered by courier,” but there is no PoS signed by the courier reflecting when, or if, it was served. Defendant RMRC Owners' Association, Inc. moves the court for an award of attorney's fees and costs as the prevailing party of an anti‐SLAPP motion. RMRC seeks $46,337.73 for attorney's fees plus $916 in costs. Plaintiff John Glatz (“Glatz”) filed his com...

Excerpt: ...son and Palm Drive Investments, LLC's Complaint on the grounds that Plaintiffs lack the capacity to sue; there is a defect of parties; and that the complaint fails to state a cause of action and/or is uncertain and cannot be maintained as a matter of law. Plaintiffs Adrian Pinson (“Pinson”) and Palm Drive Investments, LLC (“Palm Drive”) filed their complaint against Defendant Wilson Johnson Commercial Real Estate, Inc. (“Wilson”) alle...

Excerpt: ...de of Civil Procedure section 1019.5, forthwith. There is no provision in the Code of Civil Procedure or Rules of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal th...

Excerpt: ...per separate statement of undisputed facts with references to supporting evidence in support of her argument that there remain triable issues of fact as to the 7th – 10th causes of action. No additional briefing will be accepted from Plaintiff. The separate statement is to be filed and served no later than 08/15/18. Defendant will be afforded a meaningful opportunity to respond to the separate statement. The Defendants' response is to be filed ...

Excerpt: ...h. Defendants Torres Martinez Tribal TANF, Thomas Tortez, Desiree Franco and Mary Resvaloso move the court to quash the service of summons on the grounds of lack of subject matter jurisdiction on the basis of sovereign immunity and exclusive tribal jurisdiction. Plaintiffs James Cisneros and Karen Lake's Complaint alleges 7 causes of action for wrongful discharge and employment discrimination allegations as well as IIED and Negligence. The Compla...

Excerpt: ...his complaint. Plaintiff states he seeks leave to add a new cause of action to specifically address Defendant's turning off his electricity in order to get him to move. The new cause of action is not based on new facts, but rather based on a different statute—Civil Code section 789.3. Civil Code section 789.3(a) provides that “[a] landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, how...

Excerpt: ...o state sufficient facts to state a cause of action and/or is uncertain. On April 6, 2018 this Court heard the demurrer to the Fourth Amended Complaint and sustained with leave to amend as to the 1st, 3rd and 4th causes of action for 1) Breach of Contract, 3) Fraud, and 4) Negligent Misrepresentation. Thereafter, VM Residential, LLC filed a Fifth Amended Complaint (“FAC”) alleging a single cause of action for Breach of Contract. The single ca...

Excerpt: ...Balis moves the Court to enforce the settlement of the parties entered on the record before this Court, pursuant to Code of Civil Procedure section 664.6. In addition, Balis seeks $10,590 in attorney's fees and costs pursuant to Code of Civil Procedure sections 128(a) and 128.5. Defendant Gregg Balis (“Balis”) asserts that the parties participated in court assisted mediation and reached a settlement agreement of the entirety of the case, whic...

Excerpt: ...meets the following requirements: (1) a “claim for money ... based upon a contract, express or implied”; (2) of a “fixed or readily ascertainable amount not less than $500”; (3) that is either unsecured or secured by personal property; and (4) that is a commercial claim. (Code Civ. Proc. § 483.010; Goldstein v. Barak Const. (2008) 164 Cal.App.4th 845, 852.) To obtain a right to attach order, the plaintiff has the burden of proving (1) th...

Excerpt: ... his face and one hand and was taken to Eisenhower where it was discovered that had dementia. Based upon his injuries and dementia it was decided that upon he discharge he should transferred to a rehabilitation facility; that he was transferred to Defendant CNRC's facility they were advised that McGihon needed a 1 on 1 sitter provided 24/7 to avoid risk of falling. Two days after being admitted McGihon wandered out of his room and fell near the n...

Excerpt: ...of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup...

Excerpt: ...rious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410.) Sexton referenced L...

Excerpt: ...n is to give notice pursuant to CCP 1019.5, forthwith. Defendant Robert Bryan moves the court for an order compelling plaintiff to attend a deposition and for sanctions of $728.30. A review of the motion supports granting the unopposed motion. There is no provision in the CCP or Rules of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file o...

Excerpt: ...e pursuant to CCP 1019.5, forthwith. Page 4 of 6 Defendants Michael and Cathleen Marmon demur to the 1st, 2nd and 4th causes of action in Plaintiff JLS Development Group, Inc.'s Complaint on the grounds they fail to state facts sufficient to constitute a cause of against them and/or are uncertain. Plaintiff JLS Development Group, Inc. alleges as follows: Defendant Melissa Swauger enlisted the help of her parents Defendants Michael and Cathleen Ma...

Excerpt: ...uger enlisted the help of her parents Defendants Michael and Cathleen Marmon involving her contentious dissolution with Jonathan Swauger, principal of JLS Development Group, Inc. Melissa and her parents have taken actions with the express purpose of ruining JLS and attempting to force Jonathan into settling the divorce on terms favorable to Melissa. Michael and Cathleen aided and assisted Melissa in her attempts to harass and discredit JLS by als...

Excerpt: ...ican Contractors Indemnity Company, and Western Surety Company (the “moving parties”) in the amount of $4,140.00, to be paid to counsel for the moving parties within thirty (30) days of the hearing on this motion. The requested further responses to Interrogatories and Requests for Admissions are to be served within thirty (30) days of the hearing on this motion. The request for the appointment of a discovery referee is denied. The Trial Setti...

Excerpt: ...ttorney only because the jury had returned a verdict on the prescriptive easement claims of LaPlante, negating a trial on their claims regarding the same disputed property. The judgment reflected both the jury verdict on the cross‐complaint and a dismissal by plaintiffs of the first amended complaint. Once the judgment was vacated by the court's granting of the new trial motion, the court records should have reflected that the dismissal was als...

Excerpt: ...nes' First Amended Complaint (“FAC”) alleges a single negligence cause of action against Defendant Clubcorp Mission Hills Country Club, Inc., dba Mission Hills Country Club arising out of a trip and fall injury she sustained on April 10, 2015, on tennis court number 7, which was allegedly uneven and unsafe. Jones filed her complaint on 11/15/17 after the running of the two‐year statute of limitations for negligence. However, her FAC alleges...

Excerpt: ...erty Mutual Fire Insurance Company arising out of a trip and fall injury she sustained on 4/10/15, on tennis court number 7, which was allegedly uneven and unsafe. Jones filed her complaint on 11/15/17 after the running of the two‐year statute of limitations for negligence. However, her FAC alleges that Clubcorp's insurer Liberty Mutual (to whom Clubcorp directed Jones to contact about her claims) affirmatively misled her into believing that th...

Excerpt: ... of less than Page 3 of 4 14 days is enforceable against homeowners who, like Romano, purchased their property before enactment of the subject provision. Plaintiff is informed and believes, and thereon alleges, that at the time Plaintiff purchased the property, the CC&Rs provided, under section 5.3.18, that ''[t]he owner of each condominium shall have the right to lease or rent his condominium..." As of the filing of this Complaint, t...

Excerpt: ... deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410. S...

Excerpt: ...derlying complaint is an interpleader action by SBS with named defendants Monica Carranza, County of Riverside Code Enforcement Department and Ford Motor Credit Company. The interpleader action is the result of a foreclosure that resulted in excess funds of $8,041.63 (less attorney's fees and costs). The Trustee's Sale Guaranty indicated that Carranza, County and/or Ford Motor may be “next in line” and entitled to a portion of the surplus fun...

Excerpt: ...ners Association is to give notice pursuant to CCP 1019.5, forthwith. This court granted Defendant Tri Palms Unified's Motion to Strike pursuant to C.C.P. §425.16 (Anti‐SLAPP) and awarded it attorney's fees and costs of $35,225.77 on May 26, 2016. Additional fees were awarded to Tri Palms on July 27 2016 in the amount of $6,750 after the court heard and denied Plaintiff's Motion for Reconsideration of the Anti‐SLAPP motion. Tri Palm's total ...

Excerpt: ... to state fact sufficient to state a cause of action and each is uncertain (except for the 3rd cause of action). To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proo...

Excerpt: ...eanne Foxx, D&R Foxx, Inc., and Sterling Ridge Lot 1, LLC. After dismissing the 2nd and 9th causes of action, the complaint now alleges 13 causes of action for: 1) Breach of Contract, 3) Declaratory Relief, 4) Breach of Fiduciary Duty, 5) Constructive Trust, 6) Conversion, 7) Unjust Enrichment, 8) Injunctive Relief, 10) Intentional Interference with Contractual Relations, 11) Intentional Interference with Contractual Relations, 12) Aiding and Abe...

Excerpt: ...te discovery. See Weil & Brown, ¶ 8:1804.5. The trial court, rather than a referee, should hear discovery disputes whose outcome may affect the rights of other parties. The court is best able to identify such parties and ensure they receive adequate notice and protection. Taggares v. Sup.Ct. (Mitchell) (1998) 62 Cal.App.4th 94, 106. Arguments regarding the length of Tom Tedesco's deposition are premature. Plaintiff states that his questioning wi...

Excerpt: ...te discovery. See Weil & Brown, ¶ 8:1804.5. The trial court, rather than a referee, should hear discovery disputes whose outcome may affect the rights of other parties. The court is best able to identify such parties and ensure they receive adequate notice and protection. Taggares v. Sup.Ct. (Mitchell) (1998) 62 Cal.App.4th 94, 106. Arguments regarding the length of Tom Tedesco's deposition are premature. Plaintiff states that his questioning wi...

Excerpt: ...ubpoena on the Department of Social Services for the following documents: “All unredacted incident reports, accident reports and unusual incident reports produced by Brookdale Rancho Mirage between the dates of March 1, 2015 and April 1, 2017.” Defendants seek an order quashing the subpoena on the grounds that disclosure would violate third‐party privacy rights, the confidentiality of reports of elder abuse pursuant to Welfare and Instituti...

Excerpt: ...”) is for breach of contract and negligence and arises out of Defendants' alleged failure to develop a website for Plaintiff pursuant to the parties' contract. The demurrer is based upon the grounds that each cause of action fails to state facts sufficient to constitute a cause of action. For the following reasons, the demurrer is sustained with leave thirty (30) days' leave to amend. Plaintiff has failed to plead the breach of any specific con...

Excerpt: ...r punitive damages claim or entitlement to attorney's fees based upon elder abuse . 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 safety of others. CC § 3294(c)(1). While the underlying c...

Excerpt: ...rm Plaintiff that included a document entitled “CourtCall Appearance” and then appeared in court, in pro per, on the date set forth in the email from Plaintiff, 03/29/2018. Prior to that date, Defendant paid his first appearance fee and filed two “declarations.” Defendant states that he believed these declarations were appropriate responses. Aliaopoulios Decl. ¶¶ 2‐3. The motion is based upon the grounds that the default was entered a...

Excerpt: ...40.00, to be paid within thirty (30) days of the date of the hearing on this motion. Plaintiffs are to give notice pursuant to CCP 1019.5, forthwith. The only remaining issue is a further response to interrogatory 12.6 which seeks information regarding any “report” of the incident, defined as "the series of burglaries committed by then‐employee of Las Colinas Senior Apartments Jerod Nielsen, between approximately December 2015 and Febru...

Excerpt: ...uire that Martec purchase all of Mr. Mangano's interests…in the company for the Put Purchase Price and that "[u]nder Section 21.14 Mr. Dolemo: (i) has direct guaranty obligations of (y) $2,350.00 of the Put Purchase Price until such time as there is a disposition of the Indio Property and (z) the entire Put Purchase Price of$4,700,000 at all times thereafter disposed of in any fashion…" FAC, ¶¶ 13, 16. Plaintiff further alleges that...

Excerpt: ...(2) Conversion; (3) Intentional Infliction of Emotional Distress (“IIED”); (4) Negligence; (5) Negligent Supervision/Failure to Warn; (6) Negligent Hiring/Retention; (7) IIED, (8) Negligent Infliction of Emotional Distress (“NIED”) and (9) Financial Elder Abuse is based upon allegations that Plaintiffs entered into separate, yet identical, Lease Agreements (Agreement). FAC, ¶¶ 15‐17; Exhs. A‐C; that Defendants hired Defendant, Jarod...

Excerpt: ...costs memo on the grounds that because the complaint is still pending against Cross‐Defendants The Yardley Protected Limited Partnership and Sohail Ahman, and Cross Defendants have not apportioned the costs incurred among the Cross‐Defendants no costs can yet be awarded. Page 2 of 4 For the following reasons, the motion is denied: Costs are only being claimed on behalf of Sanin and Desert Gate Real Estate. Cross‐Defendants filed two costs m...

Excerpt: ...a, who has a contract with the River Estates HOA, from “performing landscaping and weed abatement services without a valid C‐27 Contractor's license…” McAndrew holds a C‐27 license. For the following reasons, the motion is denied: McAndrews has not demonstrated a possibility of prevailing. Most injunction motions require the court to balance (1) the harm to plaintiff if the injunction does not issue with, (2) the harm to defendant if th...

Excerpt: ...econd Amended Complaint (“SAC”) that deletes the gross negligence, negligent infliction of emotional distress and intentional infliction of emotional distress causes of action, adds certain factual allegations, and names as The Roundtable Franchise Corporation as a defendant. For the following reasons the motion is granted: Plaintiff was genuinely unaware of The Roundtable Franchise Corporation's liability. The only issue on this motion is wh...

Excerpt: ...t. In response, Plaintiff filed a First Amended Complaint, presumably in reliance on CCP 472. However, Defendant elected her right, pursuant to CCP 430.30(c), to concurrently file an answer and a demurrer; thereby cutting off Plaintiff's right to file a FAC. The Court on its own strikes the improperly filed FAC. The Plaintiff filed an opposition on 6/15/18. The Court continues the hearing on this matter in order to allow Defendant to file a reply...

Excerpt: ...d after being modified to correspond with the Court's ruling. Defendant Textron, Inc. is to give notice pursuant to CCP 1019.5, forthwith. Defendants Textron Inc. and Textron Specialized Vehicles Inc. move the court to compel further responses to Special Interrogatories, Set Two No. 16, and to order sanctions in the amount of $4,980.99. Responses to interrogatories are to be “as complete and straightforward as the information reasonably availab...

Excerpt: ...t to be heard on 6/28/17. The motion was continued to 7/5/17. On 7/5/17 it was continued again to 7/10/17. On 7/10/17 the Court heard the matter and on its own motion continued the hearing to 9/18/17 and ordered the parties to submit briefs. The Court also granted the motion to stay discovery served on Richard Meaney. The Court continued the motion pertaining to whether or not Meaney could propound discovery. On 9/18/17 the Court continued the he...

Excerpt: ...e Court reflects that Jeff Wallin, a nonregistered process server, personally served Defendant JinyIng Xie on 1/11/18 at 79151 Starlight Ln., Bermuda Dunes. Defendant asserts that the PoS was not signed by Jeffrey Wallin and therefore there was no valid service and service should be quashed. Further, the motion states that Defendant Jinying Xie was not personally served as reflected in the PoS. The motion asserts that Jeffery Wallin is Defendant'...

Excerpt: ...ow Cause hearing is scheduled for 8:30 a.m., 09/14/18, in Department PS1. Plaintiff is to give notice pursuant to CCP 1019.5, forthwith. Plaintiff seeks an order striking Defendant's answer because Defendant, a corporation, is no longer represented by counsel. On 03/23/2018 the Court granted Defendant's Attorney's motion to be relieved as counsel. Although it has capacity to sue and defend, a corporation is not a natural person, and therefore can...

Excerpt: ...ern title to and partition of the subject real property. Statutory provisions authorizing attorney fees to the “prevailing party” are not subject to the definition of “prevailing party” in the general costs statute, CCP § 1032, or CC § 1717. Galan v. Wolfriver Holding Corp. (2000) 80 CA4th 1124, 1128‐1129. Normally, the prevailing party is the one in whose favor a net judgment is entered. See Smith v. Rae‐ Venter Law Group (2002) 29...

Excerpt: ... J. Bankard and IE Business Solutions Foreclosures are to prepare a proposed order and give notice pursuant to CCP 1019.5, forthwith. Defendants move to expunge the lis pendens on the grounds that Plainitiffs cannot establish the probable validity of their real property claim. The lis pendens claimant (plaintiff) bears the burden of establishing the existence of a “real property claim” and that it is “probably valid.” CCP § 405.32. “�...

Excerpt: ...onference in this matter is continued from 06/26/18 to 8:30 a.m., 09/19/18, in Department PS1. Plaintiffs are to give notice pursuant to CCP 1019.5, forthwith. Page 3 of 5 This action arises out Plaintiff Todd Rainey's default on his home loan. The original complaint asserted pre‐foreclosure claims based upon Defendants alleged failure to comply with certain statutory requirements for non‐judicial foreclosure, breach of the covenant of good f...

Excerpt: ...1019.5, forthwith. /// /// Page 3 of 3 Applicants Mike Pike, Sandy Palmer and Mike McCarty assert that pursuant to Avondale Homeowners Association's (“HOA”) Bylaws it is to hold its regular annual meeting for the primary purpose of electing directors every February. HOA has historically held the annual February meeting, except in 2018. HOA has yet to hold its required 2018 annual meeting and the HOA has a deadlocked four‐person Board unable...

Excerpt: ..., based on the stipulation of the parties, the punitive damages allegation was stricken from the complaint. On 5/10/17 Diaz filed her Answer. On 3/12/18, Janis deposed Diaz. Janis now alleges that the newly discovered facts from that deposition support a claim for punitive damages and an allegation of gross negligence. Janis now seeks leave to amend her complaint to allege these allegations. Plaintiff Stephanie Janis moves the court for leave to ...

Excerpt: ...indicated that Plaintiff could file a regularly noticed motion within 10 days to address the issues raised by the Court pertaining to the motion's untimeliness. This motion was filed 5/15/18. Page 2 of 4 A trial setting conference is set for 8/7/18, so there is no current trial date set in this case. Plaintiff Sean Oliver moves the court to reopen discovery to allow the court the ability to hear his motion to withdraw admissions. On motion of any...

Excerpt: ...tion the court for preference, “which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc. § 36(a)(1)‐(2).); Code Civ. Proc. § 36(f).) Pursuant to Code of Civil Procedure section 36.5 “An affidavit submitt...

Excerpt: ...is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This action for: (1) intentional interference with prospective economic advantage, (2) negligent interference with prospective economic advantage, and (3) violation of Business and Professions Code section 17200 is based upon allegations that Defendant Environmental Water Management, Inc. Plaintiff Juan Cortez, dba Environmental Rebuild's competitor, sought to dispar...

Excerpt: ...allegedly making deliveries on behalf of a Round Table Pizza franchise, D & N Pizza, that he coowned and operated with his wife, Defendant Nancy Sonneborn. The motion is based upon the grounds that there is no triable issue of fact that the Round Table Defendants are not liable. For the following reasons, the motion should be denied. D & N Pizza has failed to show that there is no triable issue of fact that it is not liable. The moving party bear...

Excerpt: ...es for “oppression, fraud or malice” by the defendant. (Civ. Code § 3294(a)). “Malice” means conduct intended by the defendant to cause Page 4 of 4 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. (Civ. Code § 3294(c)(1).) While the underlying claims may be generally alleged, specific factual allegations are required to support a ...

Excerpt: ...nary injunction may issue: “When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of a preliminary injunction is to preserve the status quo until a final determination of a cause of a...

Excerpt: ... medical negligence. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of a...

Excerpt: ...walking along the dirt shoulder of a road. At the time, Labuen was making deliveries on behalf of a Round Table Pizza franchise, D & N Pizza, that he co‐owned and operated with his wife, Defendant Nancy Sonneborn. Labuen also named as Defendants Round Table Pizza, Inc. ("RTP") and Round Table Development Company ("RTDC") (collectively as "the Round Table Defendants"), alleging that the Round Table Defendants were vicario...

Excerpt: ...petitioner only requested a hearing date on 04/18/2018, almost two months after the last date to request a hearing date, after real party in interest filed its motion to dismiss. The motion is based upon the grounds that the failure to timely request a hearing date was the result of excusable neglect. For the following reasons, the motion is granted: The failure to timely request a hearing date was a result of excusable neglect. When a petition f...

Excerpt: ... is awarded its costs and reasonable attorneys' fees incurred for filing the response to the notice of errata and for the time and work involved in connection with this motion. The amount of costs and fees to be awarded are to be determined after a hearing pursuant to a motion to be filed by Defendant Ross. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On 2/8/18, Plaintiffs filed a “Notice of Errata�...

Excerpt: ...a and Hayday Farms, Inc., which alleges that HayDx and Hayday entered into a written Asset Purchase Agreement that provided for the sale to HayDx by Hayday of most of Hayday's assets, including all of the equipment and other tangible assets used by Hayday in conducting its hay processing and sales business. Some of the equipment subject to the purchase agreement was taken by Hayday for its own use and pledged as collateral by Hayday for loans to ...

Excerpt: ...with. Plaintiff Thomas Tedesco seeks an order (1) perpetuating testimony pursuant to Code of Civil Procedure sections 2036.010 et seq., 2035.010 and (2) designating depositions as “Former Testimony” Pursuant to Evidence Code sections 1290, 1291 and 1292. For the following reasons, the motion is denied: Neither section 2036.010 nor section 2035.010 applies. These sections allow for discovery where it would otherwise be prohibited. Section 2036...

Excerpt: ...reasons stated, be presented. A party opposing a motion for summary judgment or adjudication is entitled to a continuance where it shows “that facts essential to justify opposition may exist but cannot, for reasons stated be presented…” (Code Civ. Proc. § 437c(h).) This First Amended Complaint (“FAC”) is for: (1) breach of contract and (2) declaratory relief raises. Romano has filed a motion for summary adjudication of the 2nd cause of...

Excerpt: ...ohnson, Magnesia Falls Plaza, LLC, and Michelle Davidson are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This complaint for breach of contract, fraud and breach of fiduciary duty is based upon Defendant's alleged misrepresentations regarding capital contributions to the subject partnership and falsification of partnership books and records. The motion is based upon the grounds that complaint does not contain a re...

Excerpt: ...LC is entitled to inspect the cart. Defendant Club Car, LLC (“Defendant”) seeks an order permitting visual inspection and non‐ destructive testing of the subject golf cart. Plaintiffs claim that Defendant has already conducted an inspection. This argument has no merit. Plaintiffs did allow Defendant access to the cart before this action was filed. However, the fact that Plaintiffs allowed Defendant access Page 2 of 2 to the cart before this...

Excerpt: ...l Procedure section 1019.5, forthwith. The gravamen of this complaint for: (1) quiet title, (2) violations of Business and Professions Code section 17200, (3) fraud, (4) breach of contract–renovation contract, (5) breach of contract‐quitclaim of property, (6) specific performance, (7) negligence, and (8) declaratory relief is that Defendants took advantage of Plaintiff's mental disability—bi‐polar disorder—by demanding full payment unde...

Excerpt: ...is directed at written discovery requests. It appears, that those requests have been provided. In his reply, Plaintiff shifts to a different topic, a recent PMK deposition in which Plaintiff complains that Defendant's PMK may not be the PMK for certain issues and that the PMK failed to produce certain categories of documents that were requested to be produced at the deposition. The PMK deposition is not, however, the subject of this motion ...

Excerpt: ...sanctions are awarded. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This is an employment harassment suit by Plaintiff Melissa Guzman against her prior employer Renaissance Hotel Management Company, LLC (“Marriott”). As part of Guzman's discovery process she served Requests for Production of Documents. She moves the court to compel further responses to RFPs No. 78 and 79 seeking access to certain ...

Excerpt: ...e deposition went forward on May 1, 2018, but asserts that the Person Most Knowledgeable (“PMK”) failed to produce records requested by Plaintiffs which were identified by Mr. Cho and that Mr. Cho admitted that he had not searched for certain categories of documents. However, the reply states that the deposition of the PMK remains open subject to the production of additional documents and subject to the identification of some other individual...

Excerpt: ...ay or needless increase in the cost of litigation or that Wesco's claims and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension or change in existing law. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is subject to sanctions for violation of this certification. (Code ...

Excerpt: ...longer resides. Section 410.50, subdivision (a) provides in part, “A general appearance by a party is equivalent to personal service of summons on such party.” “The Courts of Appeal have described the scope of actions in the litigation process which constitute a general appearance as follows: A general appearance occurs where a party, either directly or through counsel, participates in an action in some manner which recognizes the authority...

Excerpt: ...e of court. (Code Civ. Proc. § 2030.310(a).) The motion to withdraw admissions is denied for being untimely. A motion for relief from admissions is a discovery motion which must be filed at least 15 days prior to the initial trial date, unless the party has first filed a motion to have his discovery motion heard after the discovery motion cutoff, which Plaintiff has not done. The Court notes that the evidentiary objections and request for discov...

Excerpt: ...aint alleges that Defendant Tribbett attacked Santighian, kicking, punching and knocking him unconscious resulting in injury. Santighian asserts that his health supports a granting of this motion. In support of his motion, Santighian filed the declaration of his attorney that states that he has reviewed Santighian's medical records related to two surgeries, since 2011, to remove colon cancer and has been assessed as a high fall risk due to both h...

Excerpt: ...ccessfully challenged the City's failure to consider and act on Page 4 of 7 its Application for Class 1 Historic Site Designation of the Schwartz Residence. Foundation asserts that its suit against City was the catalyst for City acting on the Application that was ultimately approved unanimously by the Palm Springs City Council. Foundation further alleges that as a result, Foundation conferred a significant benefit on the public generally and the ...

Excerpt: ...d herein. No Sanctions are awarded. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Defendant O & M asserts as an affirmative defense, the defense of unclean hands on the grounds that Plaintiff City of Palm Springs selectively chose only to initiate a Government Code section1090 action involving the Prairie Schooner property at issue in this case and not any of the other potential projects/contracts that...

Excerpt: ...egligence, (2) assault and battery, (3) false arrest, (4) false imprisonment and (5) emotional distress arises out of Plaintiff Tamara Pytel's arrest by Defendant RCSO Nelson while Plaintiff was at home. Plaintiff alleges that she was falsely arrested for being under the influence of an illegal stimulant while she was experiencing withdrawal symptoms caused by not taking her prescription medication for depression and anxiety; that she was transpo...