Excerpt: ... and fair dealing. Plaintiffs allege that they are the assignees of an agreement to purchase real property (“Agreement”) that was entered into between SAVS Energy, LLC ("SAVS") and Defendants on or about January 12, 2017. They allege that SAVS assigned the Agreement to them. They allege that SAVS made $30,000 in deposits and that the transaction was originally scheduled to close on April 27, 2017. They allege that before closing they ...

Excerpt: ...ow for the parties to file a joint statement regarding the discovery requests at issue. The Court incorporates by reference its September 7, 2018 order, from which this proceeding is a continuation. The instant discovery motion is in the context of competing petitions to confirm or vacate an arbitration award. As this is unique in setting, for context, the Court refers back to its the Court's May 4, 2018 order related to DWR's petition to vacate ...

Excerpt: ... conversion of assets from Folsom Ready‐Mix, Inc., breach of fiduciary duty as to both Plaintiffs, negligence, constructive fraud, conspiracy to defraud, unjust enrichment, imposition of constructive trust, breach of contract, injunctive relief, and violation of Penal Code § 496. On September 18, 2018, this Court granted Plaintiff's ex parte application for a TRO and issued an OSC restraining Defendants from wasting, using, selling, encumberin...

Excerpt: ...plaint on September 13, 2018 and a first amended complaint on September 14, 2018. There is no second amended complaint in the Court's file. Nor could there be absent a motion or stipulation of the parties and Court order. Therefore, the Court's analysis is premised on the first amended complaint. Plaintiff also refers to a verified complaint, but the FAC is not verified. Nor was the original complaint. In this action Plaintiff alleges causes of a...

Excerpt: ...dmother was living with a sex offender. They now indicate that the complaint contains factual errors. They argue that after extensive discovery they learned that Defendant did not affirmatively place them in a residence with a registered sex offender but rather that before a placement could occur their grandmother took them. They indicate that the facts show that Defendant was aware of this and then failed to investigate claims received from thei...

Excerpt: ...odation, and wrongful termination in violation of public policy. On about July 3, 2018, Defendant Kaiser Foundation Hospital's Motions for Summary Judgment against Plaintiffs was heard and granted by the Court. Thereafter, on about August 10, 2018, Defendant Kaiser served its Memorandum of Costs, requesting $1,582.77 against Johnson and $1,445.34 against Landeros. Plaintiffs now move to tax costs pursuant Williams v Chino Valley Independent F...

Excerpt: ...ustee of the Ortiz Family Living Trust (erroneously sued as Ortiz Family Living Trust), Frank A. Wolfe as Trustee of the 2000 Wolfe Family Trust (erroneously sued as 2000 Wolfe Family Trust), Beverly A. Smallfield, and Stan Kurz' (collectively, “Defendants”) motion for summary judgment or, in the alternative, summary adjudication is ruled upon as follows. Defendants' request for judicial notice is granted. In taking judicial notice of these d...

Excerpt: ...otice is granted, except as to item 7. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document ...

Excerpt: ...n, M.D., and Adam M. Wegner, M.D.'s (collectively, “Defendants”) demurrer to Plaintiff Robert DaRosa, Kathleen DaRosa, Lindsay DaRosa, and Jacob DaRosa's (collectively, “Plaintiffs”) Second Amended Complaint (“SAC”) is sustained, without leave to amend, as to the Second and Sixth Causes of Action, and sustained with leave to amend as to the Fifth Cause of Action. Plaintiffs allege claims for elder abuse, intentional infliction of emot...

Excerpt: ...be available by COURTCALL, to participate in oral arguments. Defendants Marisela Montes, Cheryl Carlson, and Jennifer Shafer's (collectively, “Defendants”) demurrer to plaintiff in pro per Arthur Austin's (“Plaintiff”) complaint is UNOPPOSED and is ruled upon as follows. The Court has received Plaintiff's Amended Complaint. However, the Amended Complaint was filed on October 3, 3018, which was not prior to Plaintiff's deadline to ...

Excerpt: ...n, judgment was entered for NCCS. NCCS then levied Plaintiff's bank account to satisfy the judgment and obtained $24,146.77. NCCS then filed an Acknowledgment of Satisfaction of the judgment. Thereafter, on September 4, 2015, the Court granted Plaintiff's motion to set aside the judgment based on Plaintiff's attorney's affidavit of fault. However, NCCS did not return the money it had previously obtained in executing on the judgment and the court ...

Excerpt: ...tes that due to his age and unfamiliarity with civil matters, he did not know how to respond to the requests for admissions. He attempted to respond in a timely manner but his response was not in the proper format. (See exhibit A) Defendant has attached his proposed responses as Exhibit B to the motion and seeks permission from the Court to serve these responses. Defendant filed his motion shortly after the Court deemed the requests for admission...

Excerpt: ...'s mother. Plaintiff Casey Woodbury is decedent Helen Woodbury's Son (FAC ¶ 1.) REGENTS, Dr. Pouria Kashkouli, Dr. Kimberly Hardin, and Dr. Richart Harper are healthcare providers. (FAC ¶¶ 9,11). Mark Vanderlinden is the risk manager for UC Davis Medical Center. (FAC ¶10) The FAC alleges a claim for punitive damages, in violation of CCP 425.13. The FAC also includes an improper request for expert coasts as well as "for the lost of...

Excerpt: ...ice to quit on Plaintiff. Plaintiff did not voluntarily vacate the premises within three days (UMF 5). On August 14, 2015, defendant changed the locks to Mr. Hamann's apartment. (UMF 6) Defendant never filed an action for unlawful detainer nor obtained a court order for possession of the premises. (UMF 7) Defendant did not comply with Civil Code section 1951.3 which governs abandonment of premises. (UMF 8) Plaintiff alleges a 1st cause of act...

Excerpt: ...suit and her prior lawsuit was with American Express. (Quezada Decl. ¶ 1.) She indicates that she was able to resolve her prior lawsuit and based on her experience she believed Plaintiff Bank of America would delay entering default because settlement discussions were underway. (Id. ¶ 2.) She states that unlike her previous case she ran into difficulties communicating with Plaintiff's counsel because they were either unavailable or called while ...

Excerpt: ...shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendants Mike Marlin's, et al.'s motion to declare Plaintiff a vexatious litigant is ruled upon as follows. Defendants' request for judicial notice is granted. Incarcerated Plaintiff G. Daniel Walker filed the instant action alleging that he suffers from numerous disabilities including mobility, vision and hearing impairment. Plaintiff alleges that he par...

Excerpt: ... 25, 2018. ORAL ARGUMENT WILL TAKE PLACE ON THIS TENTATIVE RULING ON OCTOBER 17, 2018. The Clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before October 11. The litigation coordinator shall then provide the tentative ruling to plaintiff Brian Spears. Appearance is required on October 17, 2018. Plain Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. In this a...

Excerpt: ...ovision of legal advice in investing in a medical marijuana cultivation operation on native lands of two Northern California tribes. Plaintiffs now seek to seal certain portions of the Court's existing public record (i.e., prior complaints, demurrers and oppositions thereto, requests for judicial notice, and motions to stay and documents related thereto). Plaintiffs argue that these records include “extensive discussion of privileged attorney�...

Excerpt: ...as served no less than 11 sets of written discovery, which comprises 212 interrogatories, 14 requests for production of documents, and 21 requests for admissions. The special interrogatories at the heart of this motion (67 interrogatories) were served on October 19, 2016. Exactly one year later on October 19, 2017, Mr. Black discovered that Defendant never served responses to the special interrogatories. Mr. Black contacted defense counsel Chris ...

Excerpt: ...Protective Order and (4) for Relief from Deposition Time Limit is GRANTED in part, as set forth below. The Court continued Defendant John Sorensen's Motion for Protective Order Terminating his Deposition, or in the Alternative for the Appointment of a Referee is to be heard and determined by the Court concurrently with Plaintiff's motion to (1) Compel Sorensen's further deposition; (2) to Compel further Document Production,(3) for Protective Orde...

Excerpt: ...e subpoena, issued on August 25, 2017, calls for the presence and testimony of Ms. Stephanie Reyes, whom Plaintiff identifies as having information and evidence that would support her claims. According to Plaintiff's sworn statement, Ms. Reyes appeared at the hearing as required by the subpoena but refused to be sworn in and testify as a witness. Following Ms. Reyes' refusal to testify, the hearing DLSE hearing officer continued the hearing and d...