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