Excerpt: ..., fails to put forth any affirmative defenses and includes a personalized letter that does not deny the debt. However, the Court has no answer in its file from Defendant. Plaintiff's motion for judgment on the pleadings is denied without prejudice. ...

Excerpt: ...ven at the same time as the original obligation (i.e., the agreement to provide capital, services, and materials); and as such, it forms part of the consideration. “If the only claimed reliance is performance of the act bargained for, the doctrine is inapplicable.” (1 Witkin, Summary of Cal. Law (11ed. 2017) Contracts, § 248.) As the promise of payment, upon which the promissory estoppel claim is based, was part of the original consideration...

Excerpt: ...nd injunctive relief; (3) judicial determination of buyout price by disassociating partner; (4) breach of contract and breach of fiduciary duty; and (5) declaratory relief. The named defendants are Amy Elizabeth Henry and John Frederick Henry (“the Henrys”); and Julia Ann Johnston and Clyde Gene Johnston1 (“the Johnstons”), named in their individual capacities and in their capacities as trustees of the Julia Ann Johnston Revocable Living ...

Excerpt: ...he truth about his ex‐wife.” (Request, ¶ 3.b.) Petitioner claimed Respondent was “determined” that Petitioner was dating Respondent's ex‐wife, and Petitioner feared Respondent “may cause harm or harassment to my family if I do not respond to what he wants.” (Ibid.) Petitioner also claimed that Respondent stated he would “come see [Petitioner] personally at home or at my workplace” if Petitioner refused to talk to him. (Id. at �...

Excerpt: ...orney, by which Stanard became self‐represented. On December 18, 2017, Cross‐Complainants served Special Interrogatories, Form Interrogatories, and Requests for Production of Documents (collectively “Discovery”) on Stanard at the address shown on the substitution of attorney he filed with the Court. After responses to the Discovery were due, and in response to a letter from counsel for CrossComplainants inquiring about responses, Stanard ...

Excerpt: ...e was significant water intrusion which caused extensive water damage such that Plaintiffs could not operate their retail business. The complaint also included Lanett's claim for personal injuries based on her exposure to toxic mold. Defendants initially demurred to all causes of action on the grounds the claims were barred by the exculpatory provision in the Lease. The demurrer was sustained with leave to amend as to Standard, Inc., sustained wi...

Excerpt: ...of Requests for Admission (“Requests”) on Schmidt via mail. Schmidt did not respond, and on April 20, 2018, Stevens filed this Motion for an Order Establishing Admissions and for Monetary Sanctions (“Motion”). Stevens establishes in her declaration that the Requests were properly served, that the time to respond has expired, that as of the date of the filing of the Motion no responses have been provided, and that she has incurred $97 in c...

Excerpt: ...to Code of Civil Procedure section 2033.280, if the responding party fails to timely respond to requests for admissions, upon noticed motion, the Court shall order that the truth of any matters specified in the requests be deemed admitted, unless proposed responses in substantial compliance with Code of Civil Procedure 2033.220 are filed before the hearing. Defendant has not filed any proposed responses or responded to the Motion. The unopposed M...

Excerpt: ...and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.) The petition and supporting declaration must be served on the agent for service of process for Lakeview at least 10 days before the hearing date in the manner provide...

Excerpt: ...intiff John Lowry alleges that, on March 11, 2016 and while employed with Defendant, he was injured in a fall while attempting to board a vessel moored at a pier. Plaintiffs now seek to file a first amended complaint (“FAC”). With the proposed FAC, Plaintiff Heather Lowry will abandon her claim for loss of consortium, meaning Mrs. Lowry will no longer be a party to this action. Plaintiff John Lowry requests to add additional claims in the FAC...

Excerpt: ...n the day of the accident, shortly before 4:59 p.m., the Starr Defendants administered Vivitrol, an opioid blocker, to Alexander for the first time. The Starr Defendants then encouraged Alexander to stay at the office and participate in his scheduled group therapy that evening. Alexander declined and instead left the facility. Approximately five minutes later, Alexander drove over the center lines into oncoming traffic and struck Garland's vehicl...

Excerpt: ...the Court ordered the matter dismissed, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6. Per the Stipulation's terms, Defendant was to pay Plaintiff the total sum of $7,500.00, with $625.00 due on or before the 19th of each month beginning June 19, 2017, through and including May 19, 2018. (Id. at Ex. 1, ¶ 5.) Defendant paid $1,875.00 to Plaintiff, but stopped making payments on or around August 18, 2017. (Burns...

Excerpt: ...o quit. Defendant originally filed a motion to quash the summons and strike the complaint, which requested was denied on November 7, 2017. Also on November 7, 2017, Defendant filed a petition to probate, Case No. 17‐PR‐ 0400, against Plaintiff (“the Probate Action”), seeking declaratory relief, acquisition of title by adverse possession, judgment for loan, equitable trust, for life estate, and for temporary restraining order and prelimina...

Excerpt: ... On January 17, 2018, Plaintiffs filed a first amended complaint1 (“FAC”) against Defendants. Plaintiffs' FAC asserts causes of action for: (1) quiet title to deeded easement; (2) quiet title to easement by prescription; (3) quiet title to easement by necessity; (4) quiet title to easement by balancing of hardships; and (5) trespass. Plaintiffs' lawsuit concerns an unimproved dirt road on Defendants' property, which Plaintiffs contend has bee...

Excerpt: ...991 a larger parcel of real property was subdivided into several parcels, including the Property, and that as a condition of the subdivision the County of San Luis Obispo required the subdivider, defendant building contractor Marc Eisemann (“Eisemann”), to agree to covenants running with the land that prohibit construction on approximately 40% of the Property (“Covenants”). (SAC, ¶ 8.) The SAC alleges that the Covenants were recorded on ...

Excerpt: ...meanor manslaughter and reckless driving. On March 20, 2014, Plaintiff, through his guardian ad litem Jeff Radding, filed this personal injury lawsuit against the State of California, Department of Transportation (“Defendant”), alleging Defendant created a dangerous condition on Highway 1. Plaintiff specifically contended that the subject roadway should have been striped for no‐passing for 100 feet on either side of a nearby entrance/exit t...