Excerpt: ...mmary judgment as to Plaintiff Wide West Services under the Barton doctrine and as there are no damages identified as to this Plaintiff; and, 3) Grants summary judgment as to Plaintiff Valley and Mountain as there are no damages as to this Plaintiff and the claims are barred by the statute of limitations. Additionally, the Court declines to rule on Plaintiffs evidentiary objections. They are not objections to the evidence, but rather a separate s...

Excerpt: ...of the declaration. Objections 1 and 3‐8 are overruled. Objections 2 and 9 are sustained. Defendants object to evidence submitted by Plaintiff. Because Defendants fail to carry their initial burden, the burden never shifted to Plaintiff and Plaintiff's evidence was not considered. The Court declines to rule on Defendants' evidentiary objections. Discussion The elements of a negligence claim are: (1) legal duty owed to plaintiffs to use due care...

Excerpt: ...58.070 pursuant to Evid. Code §§1280 (record by public employee), 1531 (certification of copy for evidence), and 1532 (official record of recorded writing. The unopposed request for judicial notice is granted. Standing: Scheinker contends GAI lacks standing because the lease agreement contains four other parties who are not named in the Complaint and that they are indispensable parties. The rule is that plaintiff must be the real party in inter...

Excerpt: ...and that the State of Oregon issued a Salvage Certificate Title. (Compl., ¶16.) He alleges the subject vehicle was then bought and sold by each of the defendants between 2010 to 2018. (Id. at ¶19.) At some point, one of the owners altered the driver side airbag and seatbelt pretension system and added foam to the steering wheel to give the appearance that an airbag was present. (Id. at ¶ 29.) These allegations are sufficient to show that the s...

Excerpt: ...use of action for cancellation of instruments in the Cross‐Complaint is directed to Page 3 of 3 Omega Paving's petitioning activity. As to Carlisle's 5th cause of action for slander of title, the motion is moot. Carlisle dismissed that cause of action from the Cross‐Complaint. Omega Paving contends the act in furtherance of its right of petition is recording the mechanic's lien and the amended mechanic's lien, which form the basis of Omega Pa...

Excerpt: ... case, which is attached to the TAC as Exhibit C, states that judgment is rendered against “Cross‐defendants Marianne S. Hudack, and Larry J. Hudack, individually and as trustees of the Larry J. and Marianne S. Hudack Trust UTD July 3, 1997….” The Judgment also states that judgment is rendered against “Larry J. and Marianne S. Hudack Trust UTD July 3, 1997….” Under Portico Mgmt Group LLC v. Harrison (2011) 202 Cal.App.4th 464, 474, ...

Excerpt: ... case, which is attached to the TAC as Exhibit C, states that judgment is rendered against “Cross‐defendants Marianne S. Hudack, and Larry J. Hudack, individually and as trustees of the Larry J. and Marianne S. Hudack Trust UTD July 3, 1997….” The Judgment also states that judgment is rendered against “Larry J. and Marianne S. Hudack Trust UTD July 3, 1997….” Under Portico Mgmt Group LLC v. Harrison (2011) 202 Cal.App.4th 464, 474, ...

Excerpt: ...e carrier; 2) the judge presiding over the trial (Judge Holmes) refused to recuse himself under CCP section 170.3 or follow the proper procedure for considering such a challenge; 3) family trusts cannot be sued; and, 4) judgments against married couples as a unit are void. The Court previously determined the four basic claims made by Plaintiff in the SAC were not directed to the County and stated no basis for the County's liability. In the TAC, P...

Excerpt: ...h cause of action. First through third causes of action (breach of oral partnership agreement, specific performance, and quiet title): All three causes of action are based on plaintiff Chaffey's allegation of an oral agreement between the parties that plaintiff Chaffey take an interest in the subject property. Community property assets may be liable for the debts incurred by either spouse during the marriage. (Family Code §910). It is neither ne...

Excerpt: ...arns. There is a triable issue of material fact as to whether the assignment to Rescon was proper. Defendants failed to meet their initial burden regarding punitive damages. Defendants seek summary judgment, or in the alternative, summary adjudication of several contentions asserted by plaintiff Citrus El Dorado, LLC (“Plaintiff”) in the one cause of action for wrongful foreclosure of the third amended complaint (TAC) (i.e., Rescon is not lia...

Excerpt: ...on to compel as to special interrogatories, set one, special interrogatories 4‐6. Defendant Stephenson is Ordered to serve verified further responses to those special interrogatories within 20 days. Sanctions are imposed on defendant Stephenson in the amount of $1,539. The sanctions shall be paid to Plaintiffs within 30 days. Defendant Stephenson objects to the special interrogatories on a number of grounds. In particular, the Court notes the g...

Excerpt: ...udicial notice. Page 3 of 6 First Cause of Action – Violation of Civ. Code §2923.6(c) (failure to rescind foreclosure efforts after loan modification filed): If a borrower submits a completed first lien loan modification application at least five business days before a scheduled foreclosure sale, a notice of default shall not be recorded and a trustee's sale shall not be conducted while the application is pending. (Civ. Code § 2923.6(c).) A l...

Excerpt: ...aterial to the Court's analysis. The Court overrules MJB objections 1 and 2 to Plaintiff's evidence and sustains objections 3‐6. a. The complaint states a cause of action against MJB. Plaintiff has not alleged a breach of duty against MJB based on a theory of liability arising from an exception to the Federal Motor Carrier Safety Regulations (FMCSRs) that provides that a shipper who assumes the responsibility of loading becomes liable for the d...

Excerpt: ...ment to a pleading, leave to amend must be liberally, granted.” (Mabie v. Hyatt (1998) 61 Cal. App. 4th 581, 596.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010)184 Cal. App. 4th 1422, 1428.) However, leave to amend may be denied where inexcusable delay and probable prejudice to the opposing party is shown.” (Magpali v. Farmers G...

Excerpt: ... School District (the District) is a free charter school district that operates the Nuview Bridge Early College High School (Bridge High School). (Office of Administrative Hearings Clerk's Record (“AR”) 791.) Petitioner was hired by the District as a U.S. Government and Economics teacher at Bridge High School in August 2014. (AR 5.) As part of the class, Petitioner conducted debates on political issues. Petitioner generally received positive ...

Excerpt: ...lleges that the subject vehicle was then bought and sold by each of the Defendants between 2010 to 2018. (Id., at ¶19.) Plaintiff alleges that at some point, one of the owners altered the driver side airbag and seatbelt pretension system and added foam to the steering wheel to give the appearance that an airbag was present. (Id., at ¶ 29.) These allegations are sufficient to show that the subject vehicle was reconditioned, which constitutes a c...

Excerpt: ...cken. However, in support of the motion defendant merely cites to the elements of plaintiff Wolf's (“plaintiff”) causes of action, without explaining the manner in which the challenged words or phrases are improper. The complaint alleges facts regarding the breakdown of a business relationship with a family that has extended over 20 years. The allegations support the basis for a dissolution of the most recent venture together, as well as plai...

Excerpt: ...fs, the Court now DENIES the motion to strike. Defendant relies on outside evidence. The grounds for a motion to strike must appear from the pleading or from matters which the court may take judicial notice. (CCP §437.) Thus, the court does not consider the outside evidence. Plaintiff filed the Second Amended Complaint on 8/13/19, which was served by mail on the same day. Plaintiff did not submit the Third Amended Complaint (“TAC”) until 9/2...

Excerpt: ...was later vacated. Defendants subsequently re‐filed the motion on 8/31/20. This demonstrates that the original motion was withdrawn. (General Order 2020‐15, ¶7(c).) It does not preclude the filing of another motion. A court can grant a motion to quash even after the date set for production. (Slagle v. Superior Court (1989) 211 Cal.App.3d 1309, 1313.) There is overlap in this action and the Due action in time and the general nature of the all...

Excerpt: ... of limitations bars the breach of implied warranties, fraud and negligent repair causes of action. 1. Breach of Implied Warranties (1st and 2nd causes of action) Under Civil Code §1791.1, the implied warranty lasts for no less than 60 days and no more than 1 year of the sale. For a Song‐Beverly Act violation, the statute does not include its own statute of limitations. (Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1305.) Accord...

Excerpt: ... of limitations bars the breach of implied warranties, fraud and negligent repair causes of action. 1. Breach of Implied Warranties (1st and 2nd causes of action) Under Civil Code §1791.1, the implied warranty lasts for no less than 60 days and no more than 1 year of the sale. For a Song‐Beverly Act violation, the statute does not include its own statute of limitations. (Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1305.) Accord...

Excerpt: ...n he signed the Employment‐At‐Will and Arbitration Agreement (“Agreement”) requiring arbitration of the parties' disputes. The Agreement is Covered by the Federal Arbitration Act, 9 U.S.C. §§1 et seq., (the “FAA”) The Agreement is governed by the (the “FAA”.) The Agreement itself states it is governed by the FAA. (Sanchez decl., Exh. A [“Both I and the Company agree that any claim, dispute, and/or controversy that I may have a...

Excerpt: ...ce. The dismissal decision was not an abuse of discretion. Further, the Board did not violate the Brown Act in connection with the meeting concerning Petitioner's dismissal. Petitioner does not specify the statutory basis for the writ petition. The Petition states that Petitioner seeks a writ of administrative mandamus directing respondent Moreno Valley Unified School District (the “District”) to: (1) vacate its act of terminating Petitioner ...

Excerpt: ...laintiff's supervisor, Shirley Jackson, observed in July or August 2017, that Plaintiff did not take directions well, acted like she knew everything, and lied when questioned about case loan. (Ms. Jackson's Declaration, ¶ 4 and Exhibit 8.) By late September 2017, Ms. Jackson had observed Plaintiff's failure to focus on high priority cases, even though Plaintiff had been informed on numerous occasions to do so. (Ms. Jackson's Declaration, ¶¶ 7�...

Excerpt: ...sented by the motion. Judge Randall S. Stamen discloses that in or about 1992 and 1993, he was an associate attorney with Reid & Hellyer. Judge Stamen's past employment by that law firm will not affect his ability to be impartial. Page 3 of 3 The existence of the settlement agreement (Settlement Terms) is supported by the parties. Plaintiff's counsel, Jenna Acuff, declares that she prepared the draft settlement documents, and emailed them to Defe...