Excerpt: ...and destroy any marijuana left on the property, or to remove any unpermitted structures or unpermitted accessory structures / mobile unit on the property is denied. Plaintiff has provided inadequate legal authority for what appears to be requests for mandatory injunctions which are rarely granted and only in extreme cases. Teachers Ins. & Annuity Ass'n v. Furlotti (1999) 70 Cal App. 4th 1487, 1493. Request for Judicial Notice is granted. Defendan...

Excerpt: ...r at least 30 days before a notice of default is recorded. A violation entitles the borrower to actual economic damages after foreclosure Civil Code 2924.12. “ A borrower may state a cause Page 2 of 2 of action under section 2923.5 by alleging the lender did not actually contact the borrower or otherwise make the required efforts to contact the borrower despite a contrary declaration in the recorded notice of default.” Rossberg v. Bank of Ame...

Excerpt: ...n the underlying litigation, and are protected by Civil Code 47(b)'s litigation privilege, Silberg v. Anderson (1990)50 Cal.3d 205, 212. Plaintiff has failed to file an opposition and thus has not met her burden to show she has a probability of prevailing on her 3rd cause of action. The motion is granted. The 3rd cause of action is stricken. Attorney fees may be sought pursuant to CCP 425.16(b)(1). Defendant is to give notice. ...

Excerpt: ...operty upon completion of the rehabilitation. A motion for preliminary injunction also cannot serve as a motion to appoint a receiver. In addition, Plaintiff holds the property as an investment, as such, the property is not unique and any loss can be compensated by damages. Plaintiff's argument that it would be difficult to calculate damages is unsupported. Plaintiff fails to demonstrate irreparable harm. Finally, Plaintiff has not established a ...

Excerpt: ...vehicle. Therefore, it is unlikely that the fraud causes of action will significantly increase the scope of discovery or cost of litigation. The trial date has not been set at this time. Defendant has not established that it will be prejudiced by the amendments. Motion is granted even though Plaintiff has not adequately explained the delay in making the motion. Plaintiff is to give notice of the Court's ruling. ...

Excerpt: ...(1).) Defendants claim that no statement of damages was served on them. In the opposition, Plaintiffs do not dispute this contention. Because the default is being vacated due to Plaintiffs' failure to serve the statement of damages rather than based on fault of Defendants' attorneys. Plaintiffs request for attorney fees is denied. The Order to Show Cause set for November 6, 2018 is ordered vacated. The Case Management Conference is restored to ca...