Excerpt: ...ulent inducement against the project architect. HDI contends the claims are barred by the statute of limitations, that the negligence claim is barred by the economic loss rule, and that the fraud and concealment claims are defectively pleaded as they do not allege all of the required elements. The First Amended Complaint ("FAC") alleges that in August 2012, HBE, the general contractor, hired Plaintiff as a subcontractor to install a Modified Bitu...

Excerpt: ...CCMS but was never served with it. Nonetheless, defendant has had the opportunity to adequately addressed the merits of the opposition in its Reply. Plaintiff alleges a cause of action for legal malpractice arising out of defendant's representation of him in a criminal matter. Defendant contends the claims are barred by the failure to file a Government Tort Claim and the statute of limitations. Plaintiffs Complaint alleged that on February 25, 20...

Excerpt: ... the scope of discovery sought with respect to the subpoenas to limit the time period from June 2018 to December 2018. The motion is ruled on as follows. The motion is based on the grounds that the deposition subpoenas are overbroad, not directly relevant to the claims at issue in this litigation, and not reasonably calculated to lead to discovery of admissible evidence. The motion is also made on the grounds that the deposition subpoenas demand ...

Excerpt: ...asks that the Court allow for further deposition of Carolan Ferreria. The motion is ruled on as follows. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Plaintiff is ordered to notify Defendant immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant appears without following the procedures set forth in Lo...

Excerpt: ...oposed settlement. (Cal. Rules of Court, rule 3.769(g).) A presumption of fairness exists where: (1) the settlement is reached through arm'slength bargaining; (2) investigation and discovery are sufficient to allow counsel and the court to act intelligently; (3) counsel is experienced in similar litigation; and (4) the percentage of objectors is small. (Newberg & Conte, Newberg on Class Actions supra, § 11.41, pp. 11‐ 91.) Plaintiff Ismael Pit...

Excerpt: ...sregard of Howe Manor, Inc's corporate form. Specifically, Defendants Cox and Newton demur to the first cause of action for specific performance, second cause of action for breach of contract, third cause of action for promissory fraud, fourth cause of action for fraud‐intentional misrepresentation, and fifth cause of action for negligent misrepresentation on these grounds. Defendants Cox and Newton allege they signed the purchase and sale agre...

Excerpt: ...nt immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Cross‐Complainant appears without following the procedures set forth in Local Rule 1.06(B). Cross‐ Defendant's request for judicial notice of (1) a May 13, 2019 “Notice of Entry of Judgment (Small Claims)” entered by the Superior Court of California, County of Placer in small claims case no. RSC0024847, a legal action ...