Excerpt: ... (2) Participating in Breach Of Fiduciary Duty by Trustee for Attorney's Personal Gain; (3) Intentional Misrepresentation of Material Fact Regrading Trust; (4) Negligent Misrepresentation of Material Fact Regrading Trust; (5) Civil Conspiracy with subornation of Perjury by Attorney Barton as a Key Factor; (6) Receipt by Attorney of Trust Funds in Breach of Duty to Plaintiffs; (7) Violation of Unruh Civil Rights Act by Martha A. Sanford; and (8) A...

Excerpt: ...n, that there is no merit to an affirmative defense as to any cause of action, [or] that there is no merit to a claim for damages. . .” (Code Civ. Proc., § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Ibid.) The abovedescribed burden‐shifting framework applies to a motion for summary adjudication ju...

Excerpt: ... 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 proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 4...

Excerpt: ... interest through December 1, 2020 for a total of $123,242. As part of these collection efforts, Escobar has applied for an order allowing the dwelling at 67864 Via Estrella, in Cathedral City, to be sold under Code of Civil Procedure section 704.750. The property was owned by Matthews but appears to have been transferred to a corporate entity, A2Z Investment Group LLC. Matthews is the managing partner of the LLC. The first transfer deed was reco...

Excerpt: ...ues before the Court in this Motion are capable of being resolved, or have already partially been resolved, without the need for Court intervention. Failure to meet and confer in good faith may result in sanctions, in addition to the sanctions requested in the motion. If the parties resolve the issues before the Court, the moving party is ordered to contact the Court and request that the Motion be taken off calendar. To assist the parties in thei...

Excerpt: ...the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” Here, CrossDefendants neglected their duty to meet and confer as required. It may well be, as CrossDefendants' counsel suggests, that a meet and confer will not resolve this demurrer. The likelihood of a resolution is, however, irrelevant. The California Legislature determin...

Excerpt: ...ions regarding Hendrix and other employees at any of their properties. Any similar acts of sexual impropriety by any employee before or after Plaintiff's incident are discoverable under Lopez v. Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566 and similar cases. Defendants rely on boilerplate objections that fail to comply with the requirements set forth in Code of Civil Procedure section 2031.240. The motion is gra...

Excerpt: ... issue in this demurrer. In relation to demurring Defendant Aceves, the First Amended Complaint alleges that she was Plaintiff's employer, manager, corporate agent, and supervisor and, on information and believe, that Aceves dictated Plaintiff's compensation and participated in hiring and firing Plaintiff. It alleges that Aceves controlled Plaintiff's work and set corporate policies and that Plaintiff believed that Aceves was her employer. Plaint...

Excerpt: ... or petition for redress of grievances.” (Flatley v. Mauro (2006) 39 Cal.4th 299, 311‐312 (“Flatley”).) Because not all speech or petition activity is constitutionally protected, not all speech or petition activity is protected by the anti‐SLAPP statute. (Id. at p. 313.) To prevail on an anti‐SLAPP motion, the moving party must first make a prima facie showing that the claims arise from the defendant's exercise of free speech or petit...

Excerpt: ...laintiff Sears generally alleges that Defendant Fort CRE fraudulently and wrongfully refused to complete the sale of certain assets, including a senior loan and deed in lieu of foreclosure, for the Colony Palms Hotel. Sears was interested in buying a senior lien on the hotel property being sold at auction through Fort CRE's broker, Debt Exchange. Sears did not enter a bid at the auction that took place July 23, 2020. But after the action, Sears l...

Excerpt: ...arty establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of 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 established or that there is a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa...

Excerpt: ...a)(1), 576; Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) But proposed amendments seeking to add new or different claims or causes of action should not be permitted if they seek to add causes of action that are not sufficiently pleaded. (Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 652.) The Court finds moving party has demonstrated a valid basis to add TFS as Doe 1 and to amend the complaint to include causes o...

Excerpt: ... CSD move for judgment on the pleadings as to the remaining causes of action in the Second Amended Cross Complaint. The first cause of action for defamation is sufficiently pleaded and the Court rejects the arguments by moving party that on the face of the operative cross complaint it is evident that the statements are unpublished “opinion” that are insufficiently alleged, protected by the litigation privilege or not “of and concerning” V...

Excerpt: ...esirability of the property; (2) Defendant's knowledge of such facts and of their being unknown to or beyond the reach of the plaintiff; (3) Defendant's intention to induce action by the plaintiff; (4) Inducement of the plaintiff to act by reason of the nondisclosure and (5) Resulting damages. [Citations.]” (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 738.) With respect to the sixth cause of action, Plaintiff has failed to adequately plead mis...

Excerpt: ... such that liability and damages be bifurcated. The Court grants the motion only as to “design immunity,” and will reserve ruling on any of the other issues raised in the motion until conclusion of the design immunity bench trial. “A major objective of bifurcated trials is to expedite and simplify the presentation of evidence.” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 888.) “[T]he court may, when the convenience of witnesse...

Excerpt: ...stay orders from the United States District Court for the Western District of Texas San Antonio Division in Case No.18‐CV‐462. Receiver's motion to intervene is made under Code of Civil Procedure section 387, subdivisions (d)(1) and (d)(2). In its proposed complaint in intervention, the Receiver seeks a declaration from this Court finding that (1) ISI has not breached a sub‐subcontract construction agreement between ISI and Plaintiff Budget...

Excerpt: ...uses of action as they related to damages sought by Nationwide and denied summary adjudication as to the first through forth causes of action in the First Amended Cross Complaint as they related to Government Code section 835 damages, sought by Sun World. In this motion, Woodspur seeks summary judgment, or adjudication as to IID's first through fourth causes of action as they relate to Government Code section 835 damages sought by Sun World. As t...

Excerpt: ...ues identified by the Court in its order sustaining, in part, the last demurrer. The First Amended Complaint alleges, among other things: • Defendant knew of the bed bugs in the unit before it was rented to Plaintiffs, but the information was not shared with Plaintiffs. • Plaintiffs complained about the bed bugs to Linda the manager within a few days of moving into the unit. • Defendant ineffectively treated the unit on 2/8/18, 2/15/18 and ...

Excerpt: ...ues identified by the Court in its order sustaining, in part, the last demurrer. The First Amended Complaint alleges, among other things: • Defendant knew of the bed bugs in the unit before it was rented to Plaintiffs, but the information was not shared with Plaintiffs. • Plaintiffs complained about the bed bugs to Linda the manager within a few days of moving into the unit. • Defendant ineffectively treated the unit on 2/8/18, 2/15/18 and ...

Excerpt: ...The First Amended Complaint appears to allege that abandoned cannabis plants were “personal property” assigned in some fashion by Go‐Green and GGMP Veterans. But the pleading does not contain allegations that Coachillin assigned or otherwise conveyed any interest in the plants to Plaintiff or any named Page 3 of 5 defendant. It is not clear how Plaintiff or any party to this action came to claim rights to title or interest in the plants suc...

Excerpt: ...arbitration ‘“is in essence a suit in equity to compel specific performance of a contract.”'” (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 411 (“Rosenthal”) quoting Spear v. California State Auto. Assn. (1992) 2 Cal. 4th 1035, 1040.) “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine...

Excerpt: ...tion 916 and the actions are barred by the statute of limitations under Civil Code section 896. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code of 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 established or that...

Excerpt: ...al neglect.” (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) A claim of “neglect” by a person having the “care or custody” of an elder under the Act requires a caretaking or custodial relationship where a person has assumed significant responsibility for attending to one or more of those basic needs of the elder or dependent adult that an able‐bodied and fully competent adult would ordinarily be capable of managing without assistance, wh...

Excerpt: ...to the level of “malice, fraud or oppression” required to support a punitive damages claim. (Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63.) Civil Code section 3294 provides that exemplary damages are allowable where the defendant is guilty of malice, oppression or fraud. “‘Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried o...

Excerpt: ...ree causes of action in the Third Amended Complaint, for breach of oral contract, promissory estoppel, and constructive trust. Aside from arguing that these causes of action are insufficiently pleaded, Wiese argues that the oral promises at the heart of the pleadings are covered by the statute of frauds and are, on their face, barred by the applicable statute of limitations. The Court agrees. It also finds that the new set of promises alleged in ...