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: ...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: ... 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: ...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: ...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: ...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: ...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 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: ...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. 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: ...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: ...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: ...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: ...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: ...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...