Excerpt: ...tion provision in the operating agreement. For the following reasons, the motion is denied: The parties are involved in litigation with third parties arising out of related transactions that create the possibility of conflicting rulings on a common issue of law or fact. The court may refuse to compel arbitration where “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, aris...

Excerpt: ...t it is not a party to the CC&Rs it is alleged to have breached by placing a lock on the entry door to the subject property. For the following reasons, the demurrer is granted without leave to amend: MCS is not a party to the CC&Rs. The First amended Complaint (“FAC”) is based upon the following allegations: “After obtaining the Subject Property through an assessment lien foreclosure sale, Plaintiff made substantial repairs and improvements...

Excerpt: ...ongBeverly Act based upon the alleged defective “HVAC, SRS and electrical system.” (Compl. ¶¶ 17, 35, 46.) Now Plaintiff seeks leave to amend to add claims for fraudulent concealment and fraudulent inducement based upon another alleged defect, the Theta II engine. Plaintiff argues that “[a]s a result of Defendant's fraudulent misconduct, Plaintiffs purchased a defective automobile to their detriment. Plaintiffs have since experienced ...

Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...

Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...

Excerpt: ...o be paid to Plaintiff's counsel within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This First Amended Complaint (“FAC”) for breach of contract and declaratory relief raises one issue, that is, whether a provision in Defendant Sunrise Racquet Club Owner's Club's...

Excerpt: ...fendant FAC US, LLC is to produce its Person Most Knowledgeable and Custodian(s) of Records within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiffs are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. There is no dispute as to whether Plaintiff is entitled to the requested PMK deposition to authenticate documents produce...

Excerpt: ...n entity that has not been named in this litigation. In addition, the SDT seeks any records provided to the Riverside County District Attorney in connection with the criminal action. Defendant Richard Meaney moves the Court to quash the SDT served on First Republic Bank to obtain documents related to a Union Abbey, Inc. bank account. The court is authorized to order a subpoena quashed, modified, or that compliance be directed, with or without lim...

Excerpt: ...o the Complaint and filed it on 3/15/18. On 4/17/18 Michler timely filed and served his Anti‐SLAPP Motion to Strike the Complaint. An Anti‐SLAPP motion “may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions o...

Excerpt: ...tigant. However, there was a question as to whether or not the Court has recognized new counsel Attorney David Wilkirson, who was not served. No opposition was filed, but was due May 1, 2018. To the extent that the minutes from this Court's February 15, 2018 did not make clear, this Court pursuant to its authority under Code of Civil Procedure section 284 recognized Attorney David Wilkirson as Plaintiff's counsel of record. To the extent that thi...

Excerpt: ...moves the court for leave to file a Second Amended Cross‐Complaint (“SACC”) which adds a cause of action for fraud and prayer for exemplary damages, adds five new exhibits to demonstrate the alleged alterations of the Lease, and pleads with specificity the facts previously pleaded in order to allege a fraud cause of action. As opposing party correctly points out, the motion fails to comply with CRC, rule 3.1324 which requires that the motio...

Excerpt: ... cause of action for declaratory relief and damages. The facts alleged in the SAC are as follows: Plaintiffs Scott and Carmella Bryan (“the Bryans”) owned two residences and golf memberships at Citrus Club in La Quinta. In June 2017 the Bryans were in the process of selling the residence at 79760 Citrus and transferring their Heritage Golf Membership to the prospective buyers under the terms and conditions of the Club's membership Page 5 of 8...

Excerpt: ...and Lenni Ayres are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On November 21, 2017, Plaintiff Gail McQuary (“McQuary”) filed her Complaint against Defendants Peter Kirkis and Lennie Ayres alleging 15 causes of action for: 1) Breach of Contract, 2) Breach of Quasi‐Contract, 3) Breach of Implied in Fact Contract, 4) Imposition of a Constructive Trust, 5) Promissory Estoppel/Quantum Meruit, 6) False Promise,...

Excerpt: ...power to permit defendant to file or amend a cross‐complaint to avoid forfeiture of defendant's “related” claim. Indeed, the court “shall grant” leave as long as defendant is acting in good faith. (Code Civ. Proc. § 426.50; see Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98‐99—even on “eve of trial,” leave to file compulsory cross‐complaint mandatory absent bad faith.) Because trial on Stabilis's action h...

Excerpt: ... Implied in Fact Contract, 4) Imposition of a Constructive Trust, 5)Promissory Estoppel/Quantum Meruit, 6) False Promise, 7) Fraud and Deceit, 8)Intentional/Negligent Misrepresentation, 9) Intentional/Negligent Infliction of Emotional Distress, 10) Negligence, 11) Slander/Slander Per Se, 12) Libel/Libel Per Se, 13) Invasion of Privacy, 14) Intrusion into Private Affairs, and 15) Declaratory Relief. On March 5, 2018, McQuary filed her First Amende...

Excerpt: ...) days of the date of the hearing on this motion. The proposed order will be signed after being modified to conform to the terms of the Court's ruling. Defendants Stabilis Fund II, LLC and Indio Funding, LLC are is to give notice pursuant to CCP 1019.5, forthwith. Defendants Stabilis Fund II LLC and Indio Funding LLC move the court for an award of $14,892.27 in attorneys' fees and costs against Plaintiff Valley and Mountain, LLC pursuant to CCP �...

Excerpt: ...ive notice pursuant to CCP 1019.5, forthwith. This Court sustained with leave to amend as to the 1st, 3rd, 4th, 6th and 7th causes of action in the First Amended Complaint. The Second Amended Complaint (“SAC”) added the following allegations: ‐ Defendants failed to eradicate prior bedbug infestations in the hotel, including in Room 3111, the room where the Mundts were bitten by bed bugs. (¶18, SAC) ‐ Defendants deliberately chose not to ...

Excerpt: ...fied by numbers 14 and 15. Defendants Vistana California Management, Inc. and Desert Willow Condominium Association, Inc. are to give notice pursuant to CCP 1019.5, forthwith. Defendants seek to strike paragraphs 20, 32, 41, 42, 47(e), 48, 49, 53, 59, 69, 94 and the phrase “Defendants … deliberate choice not to notify Plaintiffs of the presence of Cimex Lectularius in Room 3111, within paragraph 37 and 55 and prayer for relief for punitive da...

Excerpt: ...chin (“Chernuchin”) arise out of an alleged breach of contract for failure to pay attorney's fees related to different litigation wherein Plaintiff Knez Law Group LLP (“Knez”) provided Chernuchin legal services. Chernuchin asserts that all four causes of action fail as a matter of law because Knez failed to allege that Chernuchin was provided with notice of her right to client fee arbitration. Knez asserts that the notice was served on Ch...

Excerpt: ...ith and Fair Dealing is based upon allegations that after Plaintiff Dreyfus had invested substantial funds and efforts in establishing Coachella Valley Growers, LLC and CV Pharms, Defendant Elsasser took advantage of a severe illness that rendered Dreyfus hospitalized and unable to participate in the business operations; that during this time, Elsasser engaged in a scheme to seize control of their business, exploit the Conditional Use Permit (“...

Excerpt: ...an male of approximately 50 years of age, 5'8” 150 pounds with salt and pepper hair “Person in Charge” at 290 Broadhollow Road, Suite 301, Melville NY 11747 on 2/23/18 at 10:43 a.m. The Proof of Service (“PoS”) states that it was served by James D. Cozens‐ Sano Attorney Service, P.O. Box 1568, Riverside, CA 92502 and states he is a registered California process server, Registration No. 0847484, but lists County as Suffolk County, whic...

Excerpt: ...dent. Taylor filed his Answer and Cross‐Complaint on 12/27/17 alleging that he was not the owner of the car and to the extent that his name was on the title, it was the result of elder abuse by Cyress Coast Nissan, Inc. and his son. On February 13, 2018, Dean Taylor passed away before his motion for trial preference could be heard. Dean Taylor's wife, Barbara Taylor substituted in as successor in interest and now moves for a trial preference ba...

Excerpt: ... section 1019.5, forthwith. The owners/partners of Saxony Land Company, LP (“Saxony”) are Plaintiff the Estate of Ross Mangano (“Estate”) and Defendant Martec Investments, LP (“Martec”). Defendant Martin Dolemo (“Dolemo”) is the manager of Martec Investments, LP. Saxony's First Amended and Restated Limited Partnership Agreement provided Mr. Mangano with a “Put” right, which is the subject of this case. Each of the parties to p...

Excerpt: ... (“FAC”) alleges two causes of action against Defendant Coachella Valley Water District (“CVWD”) for declaratory relief and inverse condemnation. The FAC alleges that Rancho has approximately 80 mobile home spaces (out of 288 total spaces) which are either vacant or have on them uninhabited mobile homes which do not use sewer services. CVWD charges a monthly sewer fee for each space in the park regardless of whether the space is vacant or...

Excerpt: ...s demurrer was originally filed 7/19/17. At the 1/31/18 hearing the court continued the hearing to 4/26/18 to be heard after the motion Re: Guardian ad Litem issue. On 3/22/18 the Court heard the motion for removal of Guardian ad Litem and Dismissal of Complaint by Lydia Brown. The Court vacated the order appointing the Guardian ad Litem and encouraged the parties to attempt to resolve the issue concerning a guardian Page 3 of 3 and/or dismissal ...

Excerpt: ...tice pursuant to Code 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 intro...

Excerpt: ...alid in California as the vehicle was purchased outside the State of California. Summary adjudication 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 party moving for summary judgment/adjudication 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 can...

Excerpt: ...fendant Red Mule Ranch, Inc. (“Ranch”). According to Defendants the accident occurred while Schriner was making a left hand turn and Waters attempted to pass him while he made the turn. Waters contends that Schriner made an improper left turn causing the collision. Defendants dispute that contention. The CHP officer investigating the accident determined that Waters made an unsafe attempt to pass the tractor and collided with the left front wh...

Excerpt: ... in the amount of $61,615 on 8/28/17. Thereafter, on 9/29/17 Jerome quitclaimed over real property located in Palm Desert in favor of himself as Trustee of the Dolores Adelman Separate Property Trust. Jerome has been named individually as a defendant as well as trustee. The transfer was allegedly made to defraud Ronald as judgment creditor; therefore the transfer should be void. Ronald asserts that these allegations are sufficient to support puni...

Excerpt: ...or Admissions (“RFAs”) and form interrogatories that addressed the identity of the party Oliver contracted with. Oliver responded specifically to several interrogatories that Oliver contracted with Jack's Body Works', Inc. and admitted in RFAs that Jack Jackson is not a party to the contract. Oliver now seeks to withdraw his admissions to RFAs Nos. 2, 3 and 4 and amend his interrogatory responses. For the following reasons, the motion is gran...

Excerpt: ...l Procedure section 1019.5, forthwith. The motion to expunge lis pendens was filed 1/12/18 and was set to be heard on 2/6/18. On 1/31/18 Plaintiff filed a notice of withdrawal of lis pendens and on 2/1/18 dismissed his complaint. Accordingly, the motion to expunge lis pendens is moot in light of the withdrawal of lis pendens. As to the request for attorney's fees and costs, Code of Civil Procedure section 405.38 provides that “the court shall d...

Excerpt: ...mmary judgment as a matter of law. For the following reasons, the motion is denied: 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 est...

Excerpt: ...een the same parties on the same cause of action.” (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789.) Defendant claims without reference to the causes of action asserted herein, much less, any analysis of those causes of action and the matters pending in the Family law court that this matter is still pending in the Family Law court. Without more, the Court cannot determine whether this action is barred by the Family Law ...

Excerpt: ...s that it is not a party to the CC&Rs it is alleged to have breached. For the following reasons the motion is granted without leave to amend. US Bank is not a party to the CC&Rs. The First Amended Complaint (“FAC”) is based upon the following allegations: “After obtaining the Subject Property through an assessment lien foreclosure sale, Plaintiff made substantial repairs and improvements so as to be able to rent out the Subject Property or ...

Excerpt: ... to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On 04/03/2105, Plaintiff filed her original complaint for: (1) assault, (2) battery, (3)intentional infliction of emotional distress (“iied”) and (4) breach of lease based upon allegations that from April 10, 2014, through February 2015, Plaintiff, who leased residential property from Defendant, was by threat of use of a gun, assaulted by Defendant, that on a numbe...

Excerpt: ...he Fourth Amended Complaint (“FAC”) alleges four causes of action as follows: 1) Breach of Contract, 2) Breach of Contract, 3) Fraud, and 4) Negligent Misrepresentation. The FAC was filed 7/10/14. On 11/19/14, Plaintiff filed a proof of service reflecting personal service on 11/11/14 on Equity Trust Company FBO Scott McKhann Traditional IRA (“Equity”) as to the summons and FAC. On 12/12/14, default was entered as to Equity. On 3/5/15, a c...

Excerpt: ...ges that on 07/29/2015, she injured her ankle when she stepped into an uncovered, unmarked hole while walking her dog at Lake La Quinta. Plaintiff filed this action against the Association and O'Connell Landscape Maintenance, Inc. and later by Doe Amendment named Desert Resort Management, Inc., claiming that Defendants failed to maintain the premises where the incident occurred. The Association filed the subject cross‐complaint for express inde...

Excerpt: ...hwith. GRANT motion for attorney's fees of $29,730.00 and costs of $3,678.76 for a total award of $33,408.76. After almost two years of litigation, the parties resolved this case via an offer to compromise in the amount of $32,500.00 by Defendant Ford Motor, which was accepted by Plaintiffs. Plaintiffs now move the court for an award of attorney's fees and costs totaling $48,273.76. Plaintiffs' counsel's declaration states that legal services in ...

Excerpt: ... whether this Court can issue monetary sanctions for, as the Court referred to in its prior tentative ruling, “fees…incurred in the bankruptcy proceeding.” As explained more fully below, after considering the parties' supplemental briefs, the Court concludes that it does have the power to issue the requested sanctions, that the 21‐day “safe harbor” provision does not apply, but that the requested sanctions are not warranted. The Court...

Excerpt: ...ard Meaning were criminally charged by the Riverside District Attorney on or about February 16, 2017 with several acts of bribery of Pougnet by Meaney in violation of Government Code §§1090 and 1092, including the sale of the Prairie Schooner Parcel by the City. The Complaint alleges that Defendant Meaney was at all relevant times “an agent, employee, officer, director, member, owner and/or shareholder of Defendants O&M, NEXUS and NDC.” Com...

Excerpt: ...b's (“Moreb”) First Amended Complaint. This Court sustained with leave to amend as to the 1st, 2nd, 4th, 5th , 6th, 9th and 10th causes of action for 1) Negligent Misrepresentation, 2) Promissory Estoppel, 4) Breach of Contract, 5) Violation of Civil Code §2923.55, 6) Violation of HBOR, 9) Cancellation of Instrument, and 10) Demand for Accounting. This Court sustained without leave to amend as to the 8th cause of action for Wrongful Foreclos...

Excerpt: ...in the amount of $31,662.83 following a hearing before hearing Officer Rodell Frick. Petitioner then filed this writ under both CCP section 1085 and 1094.5 seeking “a Peremptory Writ of Administrative Mandamus or Mandate ordering Respondents to set aside Respondent Hearing Officer Fick's decision, or purported decision, allowing Respondent City of Coachella to seek $31,662.83 from Petitioner and issue a new order granting Petitioner's r...

Excerpt: ...e to timely file case management conference statements. Defendant David Mount is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Page 2 of 2 Relief is mandatory. “(W)henever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, (the court shall) ...

Excerpt: ...nt to Code of Civil Procedure section 1019.5, forthwith. On 10/24/17, Plaintiff James Foxx filed his complaint against Defendants Daniel Foxx, Jeff Curci, Bennion Deville Homes, Roseanne Foxx, D&R Foxx, Inc. and Sterling Ridge Lot 1, LLC alleging 15 causes of action. On 1/12/18, Plaintiff dismissed the 2nd and 9th causes of action, leaving the following 13 causes of action: 1) breach of contract, 3) declaratory relief, 4) breach of fiduciary duty...

Excerpt: ... re: Alter ego, Indemnification, Emotional distress, Attorneys' Fees, Punitive Damages, UCL damages, Injunctive relief. For the following reasons, the motion is denied as to Alter ego, Indemnification, Emotional distress, Punitive Damages, Injunctive relief and granted without leave to amend as to Attorneys' fees and UCL damages. Alter ego‐As discussed in reference to the demurrer, Plaintiffs have alleged alter ego. Indemnification‐The Settle...

Excerpt: ...of Civil Procedure section 1019.5, forthwith. The First Amended Complaint (“FAC”) for: (1) fraud, (2) negligent misrepresentation, (3) breach of contract, (4) slander of title, (5) quiet title, (6) tortious interference with prospective business advantage, (7) unfair competition, (8) declaratory relief, (9) injunctive relief, (10) financial elder abuse, (11) tortious breach of the implied covenant of good faith and fair dealing and (12) contr...

Excerpt: ...Maher then took Wolcott's default on 09/28/2017. Default Judgment was entered on 1/15/2017. The motion is based upon the grounds that the default and default judgment were entered as result of Wolcott's excusable neglect. For the following reasons, the motion is denied: Wolcott has not shown that the default and default judgment were entered as result of his excusable neglect. Wolcott states that he did not file an answer because he thought that ...

Excerpt: ... had moved out of his house after his mortgage lender threatened to foreclose, moved back into his house in September 2014 and expended funds to repair damages to his house that were made while the house was vacant based upon Ocwen's representation in April 2014 that Ocwen would consider his application for a loan modification. (TAC ¶¶ 56‐59.) The demurrer is based upon the grounds that the 2nd cause of action fails to state facts sufficient ...

Excerpt: ...s contacted by a Daniel Krastel stating that he received the posted notices and that he lived at the property before the fire, and due to the owner's death the property was in probate. Krastel claimed that he would become the owner of the property once probate was completed. City made no effort to verify that fact, or otherwise determine who owned or controlled the property. Notices mailed to the decedent Carol Adamson and/or the occupant of the ...

Excerpt: ...eflect that Defendant did not owe a duty to Plaintiff and that Plaintiff's cause of action for negligence lacks merit. 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 o...

Excerpt: ... to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This cross action arises out of a failed business partnership. Plaintiff/Cross‐Defendant (“P/XD”) Nejat Kohan alleges he entered into a joint venture agreement with defendants Page 3 of 10 in 2002 for the restoration of the Spanish Inn hotel in Palm Springs. Kohan paid $225,000 in cash to enter into a Joint Venture Agreement (JVA) with Defendant/CrossComplainant ...

Excerpt: ...overy and to appear at her deposition despite court orders compelling her to respond and to attend her deposition. Plaintiff has also been sanctioned. (See, e.g., 09/14/2017 minute order.) Plaintiff has not complied with the Court's orders or paid the sanctions imposed. The Court may make Page 6 of 10 any of the following orders against the party disobeying the discovery order: striking that party's pleadings or parts thereof; staying further...

Excerpt: ...t to Code of Civil Procedure section 1019.5, forthwith. At issue are production of records of transactions from a specific Well Fargo account over the past three years. Ramy claims that all responsive docs have been identified. However, it appears (1) that records from June 2015 through April 2017 were not produced and (2) that the persons to whom payments were made have not been identified. Kohan is not entitled to sanctions. (See Argaman v. Rat...

Excerpt: ... Motions to Strike as to the Fourth Amended Complaint: The standing issue is not moot because Eric Guinan has also been named as a plaintiff. Naming Guinan as the executor of Playan's Estate and Personal Representative alternatively as the proper party to pursue these claims is not sufficient to establish his standing to do so precisely because Cervantes argues that she, as successor trustee, is the proper party. It cannot be both. These claims b...

Excerpt: ... combined $1,400,000 to Defendant City of Palm Springs to be deposited in an escrow account. The purpose of the agreement was to facilitate development of the Pedregal Property, which was at the center of the dispute in the underlying case. After hearing about criminal investigation and subsequent charges against City's former Mayor Steve Pougnet, Richard Meaney and John Wessman, Plaintiffs now seek to rescind the settlement agreement with City a...

Excerpt: ... to Stay or Continue the motion until a date sometime after the Court lifts the stay in place with respect to Defendant Richard Meaney. The Court deemed the Ex Parte papers as City's moving papers and set a briefing schedule as to City's motion. As to the Motion to Expunge Lis Pendens the Court continued the hearing to 3/22/18, and set City's motion for hearing prior to that date. City's motion seeks to stay or continue the hearing on the motion ...

Excerpt: ...ntract. The Court sustained the demurrer to each cause of action in the First Amended Complaint (“FAC”) with leave to amend. The demurrer is based upon the grounds that each c/a fails to state a cause of action. For the following reasons, the demurrer is overruled with thirty (30) days leave to answer. 1 st c/a‐Plaintiff has alleged that Defendant discharged him because of his age. The elements of a cause of action for age discrimination ar...

Excerpt: ...and give notice pursuant to Code of Civil Procedure sesction 1019.5, forthwith. The legal theory supporting the complaint is that by electing to pursue a money judgment against the Kauras and Valley & Mountain in the underlying action, Stabilis (including through its purported alter ego Indio Funding) has waived its security interest in the property and that as a result no title could be conveyed at any foreclosure held by either Stabilis or Indi...

Excerpt: ...rd Amended Complaint (“TAC”) for (1) negligence, (2) elder abuse (Hanson), (3) negligence/willful misconduct and (4) elder abuse (Senior Care) is based upon allegations that Defendants (“Ds”), a company providing home care services to Plaintiff (“P”) and its employee Kaylen Hansen, failed to provide P safe home care and allowed P, who need assistance to walk because he was a “fall risk”, to go to the bathroom by himself, and that ...

Excerpt: ...the owners and property managers of the mobile home park where plaintiff resides, from enforcing liens based upon fines levied against Plaintiff for alleged construction on his space in violation of park rules and city ordinances. Essentially, Plaintiff claimed that he had a medical need to enclose his car port and that the park's actions constituted illegal disability discrimination/harassment. On 02/14/2013, Plaintiff filed his First Amended Co...

Excerpt: ...ivil Procedure section 1019.5, forthwith. Defendant Duke Partners, LLC filed an Answer to the Second Amended Complaint (“SAC”) setting forth 12 affirmative defenses (“a/ds”). The demurrer is based upon the grounds each a/d fails to state a defense and is uncertain. For the following reasons, the demurrer is overruled as to the 1 st and 5th affirmative defenses; sustained with leave thirty (30) days to amend as to the 2nd through 4th affir...

Excerpt: ...fendants are named on each cause of action. Each cause of action (or affirmative defense) should be separately stated, must be separately numbered, and must identify the parties asserting the claim and against whom it is asserted. CRC, rule 2.112. Thus, each separately stated cause of action should state: — its number (e.g., “FIRST CAUSE OF ACTION”); — the party asserting it if the complaint is filed on behalf of more than one plaintiff (...

Excerpt: ...guments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.” ([CRC 3.1113(b); see Quantum Cooking Concepts, Inc. v. LV Assocs., Inc. (2011) 197 Cal.App.4th 927, 934—trial court not required to “comb the record and the law for factual and legal support that a party has failed to identify or provide”) ...

Excerpt: ...ee's deed upon sale, (3) wrongful foreclosure, (4) quiet title, (5) slander of title, and (6) unfair competition is that Defendants' (“Ds' ”) foreclosure was based upon the alleged breach of a loan agreement that Plaintiff did not enter into. The demurrer is based upon the grounds that each cause of action (“c/a”) fails to state facts sufficient to constitute a cause of action. For the following reasons, the demurrer is sustained with lea...

Excerpt: ...g his death in April 2017, his daughter, Patricia Yvonne Playan Leonel de Cervantes, filed a declaration stating that she was the proper person to maintain this action and substituted in as plaintiff because she was both the successor trustee to Marion's trust and the executor of his will. The Court sustained with leave to amend a demurrer to the Third Amended Complaint because there were no facts alleged that showed that Cervantes, who was named...

Excerpt: ...l facilitate the presentation of all claims and defenses in the present action between the parties and will re‐open discovery in the event it is appropriate to do so. ...

Excerpt: ...e CRST defendants. The accident occurred at an intersection controlled by a STOP sign in Landers direction of travel and with no traffic control in Decedent's cross‐direction of travel when Landers made a left turn across Decedent's path at approximately 3:50 a.m. Plaintiffs contend that Landers caused the accident by making an unsafe left turn. Defendants claim that Decedent cause the accident by speeding and making an unsafe lane change acros...

Excerpt: ...ling: The motion is denied. Defendants are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiffs seek sanctions based upon Defendants' alleged willful suppression and spoliation of evidence, that is, the removal from the truck of a Garmin Nuvi GPS unit. /// Page 2 of 5 The motion is denied for the following reasons: There is no evidence that Defendants willfully suppressed evidence. Essentially, Plaintiffs argue...

Excerpt: ...rior alleged incident was dismissed. ...

Excerpt: ...e of the continued hearing was provided by the Court Clerk to Plaintiff, but not as to Kreizenbeck & Seim Partnership as it had not entered an appearance. A proof of service (“POS”) was filed January 9, 2018, reflecting personal service on January 4, 2018. The POS does not indicate that notice of the continued hearing was served. On January 18, 2018, Plaintiff filed a proof of service reflecting it had mailed a copy of the minute order contin...

Excerpt: .... No other fees and costs are awarded. The bond is exonerated. The Receiver is to prepare a proposed order and give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This matter was previously heard on 11/9/17, at which time the court asked Page 2 of 8 2) Receiver advised the court in seeking authorization for the sale to Ms. Cota that it is his general practice, where after review he cannot find a lender willing to fund the n...

Excerpt: ... section 1019.5, forthwith. The gravamen of the First Amended Cross‐Complaint (“FACC”) is as follows: The parties entered into a commercial lease for property equipped for vehicle sales, repair, and service. The lease also contained a purchase agreement for cross‐defendant's purchase of the Suzuki dealership equipment, furniture, and parts inventory in the amount of $100,000. The lease contained a bill of sale, which is allegedly attached...

Excerpt: ...tiff/Cross‐Defendant moves the Court to strike claims for punitive damages in the second cause of action for conversion and prayer for relief. Cross‐Defendant asserts that as the case arises out of a landlord‐tenant contract that punitive damages are not available. Cross‐Defendant further asserts that the allegations are not specifically pled and are inadequate to support punitive damages under Civil Code section 3294. Cross‐Complainant...

Excerpt: ...l Procedure section 1019.5, forthwith. On 8/7/17, this Court ordered Plaintiff to provide verified responses to form interrogatories, special interrogatories, and demand for production of documents within 30 days plus pay sanctions in the amount of $460 within thirty days. As a result of Plaintiff's failure to comply with that order, Defendant filed a Motion to Dismiss on 10/16/17, which this Court denied, but imposed monetary sanctions. The Cour...

Excerpt: ...ying the original files for 17 LazyB. On August 24, 2017 this Court heard an ex parte application filed by Plaintiff seeking an OSC RE: Contempt. The parties stipulated that Plaintiff was to inspect the case file at defendants' counsel's office the next day at 1:00 pm.The Court denied the ex parte application and advised Plaintiff, a pro per litigant, that an ex parte application should be filed for emergencies only in the future, non‐emergenci...

Excerpt: ...ure section 1019.5, forthwith. Plaintiff seeks to have the Court strike out language that he asserts is surplusage and irrelevant or a sham based on an OSHA report of which the Plaintiff requests that the Court take judicial notice. However, the contents of the report are hearsay and inadmissible to establish that portions of Defendant's answers are a sham. For the following reasons, the motion is denied in part and granted in part. Code of Civil...

Excerpt: ...f's Department that Plaintiff took four automobiles without their consent and issued 9 checks returned as nonsufficient. As a result he was arrested by the Riverside County Sheriff's Department, although the DA's office did not pursue criminal prosecution. Further that Defendants told other unidentified persons that they made a police report and by making the police report the Balls intentionally and maliciously caused him to suffer emotional dis...

Excerpt: ...s further ordered to pay Plaintiff monetary sanctions in the amount of $1,985.00 in payment of the reasonable costs and attorney's fees incurred in connection with this motion. The payment of the sanctions is to be made within twenty (20) days of the date of the hearing on this motion. Plaintiff Jasmine Labuen is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiff Jasmine Labuen's Complaint alleges that on Octo...

Excerpt: ...leged failure to comply with the terms of a purported settlement agreement. However, this motion does not cite any authority for the showing required to set aside the dismissal, much less make any such showing. In addition, the Court has already found that the parties did not enter into a settlement agreement. See December 1, 2017 Minute Order. ...

Excerpt: ...s and attorney's fees incurred by Cross‐Defendants in connection with this motion. The sanctions are to be paid to Cross‐Defendants Drake Larson and Pamela Larson within twenty (20) days. Cross‐Defendants Drake Larson and Pamela Larson are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiffs and Cross‐Defendants Drake and Pamela Larson as Trustees move the Court to quash the Subpoena Duces Tecum (“SDT...

Excerpt: ...n this motion; and 2) sanctions in the amount of $425.00 are to be paid to Plaintiff by Golden Autumn within twenty (20) days of the hearing on this motion. The Department of Fair Employment and Housing is to give notice pursuant to Code 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. Howev...

Excerpt: ...tiff Dawn J. Foote is to prepare a proposed order and give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. The Second Amended Complaint (“SAC”) for: (1) breach of express contract, (2) declaratory relief, (3) fraud, (4) intentional infliction of emotional distress (“iied”), (5) negligent infliction of emotional distress (“nied”), (6) partition, and (7) oral implied contract arises out of an alleged cohabitation a...

Excerpt: ...efendant (“D”) Bank of America, N.A. (“B of A”) to convey any interest in Lot 42 and to brief whether after the conveyance any cause of action remains against B of A re Lot 42. There is no dispute that B of A has disclaimed any interest in Lot 42. The HOA claims, nevertheless, that it may still pursue its slander of title cause of action and that the demurrer to the 3rd cause of action (“c/a”) for slander of title as to Lot 42 should ...

Excerpt: ...red case being the lead case. Plaintiffs are to prepare a proposed order and give notice pursuant to Cod Page 5 of 7 arbitrate exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement, or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transac...

Excerpt: ...re 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 theories without notice to opposing counsel and the co...

Excerpt: ... 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 theories without notice to opposing cou...

Excerpt: ...12/6/17 the County sought and received an entry of default as to Mr. Aiken. Thereafter, on 12/22/17 County filed its motion for preliminary injunction and mailed notice to Mr. Aiken although Mr. Aiken has not entered an appearance in this case. The motion date on the noticed motion was 1/23/18. On 12/26/17 the court on its own motion continued the motion for preliminary injunction to 2/6/18, but only County was provided notice. Accordingly, the C...

Excerpt: ...ntiff Jasmine Labuen's Complaint alleges that on October 28, 2014, Defendant David Sonneborn struck her with his car while she was a pedestrian, while at the time he was making deliveries for one of his Round Table pizza restaurants or otherwise acting in the course and scope of his ownership or membership of D & N Pizza. Plaintiff Labuen served Requests for Production of Documents, Set One on Defendant David Sonneborn. Plaintiff moves the court ...

Excerpt: ...ant D & N Pizza, LLC. Defendant provided responses to only RFPs Nos. 1‐ 8, dated August 25, 2017. Defendant supplemented those responses on November 3, 2017, but once again provided no response to Nos. 9 – 12. Plaintiff filed a motion to compel responses to Nos. 9 – 12. Plaintiff's motion to compel responses to Nos. 9 – 12 was served on Defendant via mail on December 26, 2017 and deemed served on 12/31/17. Defendant mailed a second supple...