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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 (...