Excerpt: ...tered into a Purchase Agreement, by which Samra agreed to sell real property to PSCG. (Compl. ¶ 9.) Under the terms of the Purchase Agreement, possession of the real property would be conveyed to the buyer at the time of closing, subject to the right of any occupant tenants under existing leases. (Compl. ¶ 11.) A material provision of the original Purchase Agreement is contained at Paragraph 9.1(e), which provides: “Buyer has … 180 days fol...

Excerpt: ... the plaintiff may move the court for an order for possession at the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment. (Civ. Proc. Code § 1255.410(a).) This process is sometimes referred to as a "quick take" or "early possession." The Sacramento Area Flood Control Agency's ("SAFCA") mission is to provide the Sacramento region with at least a 100‐year level of floo...

Excerpt: ...y sued as Sacramento County Sheriffs Department) and Sheriff Scott Jones were negligent and committed intentional torts in the arrest, search warrants, and the entry into her home by Sheriffs Department personnel. No federal civil‐rights claims were asserted. Plaintiff sought monetary damages for violation of her rights, property damage and emotional distress. She alleges causes of action for negligence, intentional tort, and "state constit...

Excerpt: ...instant demurrer, originally set to be heard on June 18, 2019. In commencing review of the demurrer and opposing papers, the Court noted at the outset that the parties had not fulfilled their mandatory duties under Code of Civil Procedure section 430.41 to meet and confer regarding the substance of the demurrer prior to filing. The matter was then continued until today's calendar and the parties were directed to meet and confer and inform the Cou...

Excerpt: ...l foreclosure, fraud, breach of contract, breach of the implied covenant of good faith and fair dealing and violation of Business and Professions Code § 17200. Shellpoint's demurrer to Plaintiff's original complaint was unopposed and granted on May 21, 2019. Plaintiff then filed the FAC on May 31, 2019, and Shellpoint demurs to each cause of action on the grounds they fail to state facts sufficient to constitute a cause of action. Shellpoint's d...

Excerpt: ...Defendants Sonia Bains and Harkirat Singh and dropped as to Specially appearing defendants Ravinderjit Singh, Rabinder Singh, Ajaypal Singh, Jorge Bravo, Rajinder Kaur, Nivas LLC, 18th Street LLC, Misa Communication LLC, and Avant Wireless, LLC's as their motion to quash service of summons has been granted. This matter was continued from June 20, 2019 to allow Defendants to comply with CCP § 430.41(a). Self‐ represented Plaintiff Gurinderjeet ...

Excerpt: ...for reconsideration. [Citations.]" (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 859, fn. 29; accord APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 182.) A motion for reconsideration may only be considered before final judgment is entered and while the case is still pending in the trial court. (Eddy v. Sharp (1988) 199 Cal.App.3d 858, 863, fn. 3. ) “The issue is jurisdictional. Once the trial court has entered judgme...

Excerpt: ...(collectively "Oakmont") motion to compel arbitration is ruled upon as follows. I. Overview This is an Elder Abuse action. The plaintiff is Linda Stafford ("Plaintiff" or "Linda"), by and through her GAL, Gerald Stafford (“Gerald”), her husband. Linda suffers from Corticobasilar Degeneration ("CBD") and related memory impairment and dementia. She is also wheelchair bound and completely dependent on others for h...

Excerpt: ...ed on as follows. On April 14, 2015, the Court granted Judgment Creditor's Special Motion to Strike plaintiff's causes of action and entered judgment in favor of Judgment Creditors. The Court subsequently granted Judgment Creditors' Motion for Attorneys' fees in the amount of $22,284. (Bardzell Decl. ¶¶ 3, 6, Exhs. A, C.) Judgment Creditors served the instant post‐judgment discovery on October 9, 2018. (Bardzell Decl. ¶13, Exh. F.) J...

Excerpt: ...ears (CCP §§531.310 and 583.360) is DENIED. Overview This is an employment action. On 6/21/2013, Plaintiff Sharon Laidley filed a Verified Petition for Writ of Mandate against CDCR for FEHA Retaliation and Failure to Adequately Compensate; Declaratory Relief (“Writ Action”). The Writ Action was filed in Alameda County Superior Court. The Writ Action was later transferred to this Court on 2/25/2014. In the Writ Action, Plaintiff alleged that...

Excerpt: ...ted. Usually, defective notice deprives the court of jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) However, plaintiff Lobel Financial Corp. (“Plaintiff”) has substantively opposed the motion and did not raise defective notice in opposition. Therefore, Plaintiff has waived any objection that may have existed based on defective service (Carlton v. Quint (2000) 77 Cal.App.4th 690, 696‐698), ...

Excerpt: ...the Court will not delay this matter any longer. Plaintiff's request for judicial notice is granted. In this lemon law action, Plaintiff actually moves to strike Defendant's affirmative defenses 2‐24. “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, (b) Strike out all or any part of an...

Excerpt: ...in this department for additional briefing. Petitioner California Restaurant Mutual Benefit Corp. (“CRMBC”) petitions to compel Respondent Buckowens Hotel L.P. ("Buckowens"), a cancelled limited partnership, to arbitration. CRMBC bases its petition on the Members' Agreement and Power of Attorney (“Members' Agreement”), that was signed by Rajinder S. Walia (“Walia”) on 2/18/2008 for Buckowens. Buckowens opposes the petition on ...

Excerpt: ... wage and hour action arising out of Plaintiff Remilito Trinidad's (“Plaintiff”) employment with Defendant. Plaintiff's original Complaint asserted a single cause of action for Violation of Labor Code § 226, and Plaintiff filed the Complaint “individually and on behalf of a class of all other similarly situated current and former employees of Defendants for penalties and/or damages for failure to provide accurate itemized wage statements.�...

Excerpt: ...an Ha was the realtor. They allege that shortly after close of escrow they discovered the home was contaminated with mold. They also allege that Defendants misrepresented the scope of marijuana grow operations that were conducted in the home, specifically failing to disclose that a large scale marijuana grow operation had been conducted. Defendant Robert Do is Defendant Ha's brother and Defendant Elite Norcal Corporation is the brokerage firm. Pl...

Excerpt: ... owned, maintained, and controlled the subject premises and that Defendant was acting in the course and scope of its employment by Donahue. He alleges that improper lighting led Plaintiff to be struck by Defendant Mailua Vue's vehicle on December 21, 2015. Defendant's separate statement includes the following. On April 28, 2014 Defendant entered into a service contract with Donahue Schriber Realty Group, L.P. pursuant to which Defendant agreed to...

Excerpt: ...e prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Crossroads Diversified Services (“Crossroads”) motion for summary judgment or summary adjudication is ruled upon as follows: Crossroads request for judicial notice is GRANTED. The Court declines to rule on Crossroads' objections to evidence submitted by Plaintiff Adrian Woodson (“Woodson”). ...

Excerpt: ... hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Martha Williams' (“Defendant”) Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is GRANTED as to the Second Cause of Action (dog bite statute) and DENIED as to the First Cause of Action for Common Law Strict Liability and Third Cause of A...

Excerpt: ...ndants Emanuel and Sunday Balalises have refused to effectuate the terms of a settlement agreement between the parties. Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP 437c(a). A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even ...

Excerpt: .... Defendant has filed a Supplemental Declaration of Tuan V. Uong reflecting additional diligent efforts to meet and confer with the now self‐represented plaintiff. Counsel called the phone number listed on the Substitution of Attorney but reached only former counsel's office and requested contact information for plaintiff. The Court will not require further meet and confer efforts after two prior continuances given the diligence of defendan...

Excerpt: ... February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4) disability discrimination (failure to provide reasonable accommodation); (5) hostile work environ...

Excerpt: ...2016. Non‐ Settling Defendant Group XIII Properties, LP (“Group XII”) has owned the property since January 2016. Group XII opposes the motion on the ground that Merchant Trustee fails to satisfy its burden to show that the proportionate liability is greater than the settlement amount. The Court agrees with Group XII. As explained in City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, although the party seeking a determinatio...

Excerpt: ...ters. *** Plaintiffs' motion to compel further deposition of Defendant FCA US LLC's (“FCA”) more persons most qualified (“PMQ”) and further responses to Plaintiffs' fourth amended notice of deposition is ruled upon as follows. Overview This is a lemon law action. On 2/6/2019, the Court granted, in part, and denied, in part, Plaintiffs' motion to compel production of one or more PMQs for deposition. The Court overruled FCA's objections...

Excerpt: ...as follows. Folsom filed an untimely opposition only seven court days prior to the hearing and in violation of CCP § 1005. Nonetheless, the Court in its discretion has considered the opposition and rules as follows. In this action, plaintiffs Maria Luisa Hills and Barry Hills allege that the California Department of Corrections and Rehabilitation ("CDCR"), Folsom, and the County of Sacramento created a dangerous condition of public prope...

Excerpt: ...on is granted. This employment action arises from Plaintiff's employment with the DBO. On or about February 20, 2019, Plaintiff, an employee of the DBO, filed the instant lawsuit against his employer and his coworker, Geraldine Young ("Young"), alleging the following causes of action: (1) religious discrimination; (2) national origin/ancestry discrimination; (3) disability discrimination (failure to engage in the interactive process); (4)...