Excerpt: ...tive defense of prescriptive easement for a portion of roadway that encroaches onto the Nickersons' property and a parking area on the Nickersons' property. The Charleses (“Cross ‐Complainants”) filed a cross‐complaint on April 26, 2021, alleging causes of action for (1) quiet title to a disputed driveway; (2) quiet title to an area of encroachment based on prescriptive easement; (3) declaratory relief; and (4) a preliminary and permanent...

Excerpt: ... served Plaintiff with (1) form interrogatories, (2) special interrogatories, (3) requests for production of documents (“RFPs”), and (4) requests for admission (“RFAs”).1 Responses were due on October 21, 2020. After sending a meet and confer letter,2 Defendant filed motions to compel responses and a motion to deem the RFAs admitted. The motions were initially set for calendar on April 29, 2021, and then continued to May 13, 2021, and aga...

Excerpt: ...implants and restorative dentistry.” (Comp., ¶¶ 6, 10.) On April 15, 2021, the Court granted Dr. Phillips' (1) motions to compel responses to form interrogatories (set two) and requests for production (set five); and (2) motion to deem requests for admission (set two) admitted. The Court also granted discovery sanctions in the amount of $1,300. Plaintiff was ordered to provide her discovery responses and pay the sanctions by May 7, 2021. The ...

Excerpt: ... the settlement was conditional. On March 3, 2021, Plaintiff filed a stipulated agreement (the Stipulation), signed by both parties. The Stipulation provides that the parties agree that $2,882.41 is the accurate amount Defendant owes Plaintiff. Defendant agreed to repay the amount due according to a payment schedule which required him to make monthly payments. The parties agreed that these consecutive monthly installment payments totaled $2,882.4...

Excerpt: ...tive defense of prescriptive easement for a portion of roadway that encroaches onto the Nickersons' property and a parking area on the Nickersons' property. The Charleses (“Cross ‐Complainants”) filed a cross‐complaint on April 26, 2021, alleging causes of action for (1) quiet title to a disputed driveway; (2) quiet title to an area of encroachment based on prescriptive easement; (3) declaratory relief; and (4) a preliminary and permanent...

Excerpt: ... On January 19, 2021, W. Craig Robertson III, of the American Arbitration Association, conducted a telephonic arbitration hearing. (Petition, ¶¶ 6, 7.) Respondents did not appear at the arbitration. On this same date, Mr. Robertson awarded Petitioner $114,589.86 in damages. (Petition, ¶ 8.) The Award is attached to the petition and was served on all parties on January 28, 2021. Petitioner petitions the Court for confirmation of the arbitration...

Excerpt: ...t a motion to vacate the order prior to that date. Plaintiff now brings a motion to set aside the dismissal, to set aside the Notice of Settlement filed March 11, 2021, and to set the case for trial. Plaintiff served the notice of motion and motion on Defendant at her address of record. No opposition is on file. The moving papers show that on August 18, 2020, the parties negotiated a settlement with respect to the monetary terms but subject to a ...

Excerpt: ...n April 22, 2021. That same day, the City filed a cross‐complaint against VLS alleging breach of contract, false claims, and unfair competition. On June 14, 2021, VLS filed its own cross‐ complaint against the City for breach of contract, breach of the implied covenant of good faith and fair dealing, and claims arising under section 1983 of title 42 of the United States Code. According to the petition, in January 2018, the City contracted wit...

Excerpt: ...e to file a first amended answer. Defendant seeks to add a fourteenth affirmative defense to Plaintiff's claims. The Court is not in receipt of an opposition from Plaintiff; Defendant has filed a notice of non‐receipt of opposition. Defendant's proposed fourteenth affirmative defense states: Plaintiff's claims are barred by the settlement and release entered into by the parties in or around January 2019 in the matter before the Department of Fa...

Excerpt: ...ver into the opposite lane of traffic causing a head‐on collision with Plaintiff's vehicle. Attachment 10F of the complaint alleges: [Defendant] willfully consumed alcoholic beverages to the point of intoxication, knowing that he thereafter would operate a motor vehicle and knowing that drinking impaired his driving skills and/or judgment such that he knew it was dangerous, thereby combining sharply impaired physical and mental facilities with ...

Excerpt: ...the parties had entered into a written attorney‐client agreement in November 2018. The agreement included an arbitration clause. On August 19, 2020, the Court granted the petition to compel arbitration; and on September 16, 2020, appointed John Drath as the arbitrator. Respondent did not appear during the judicial proceedings. On June 2, 2021, Mr. Drath conducted an arbitration hearing. Respondent did not appear at the arbitration. On June 15, ...

Excerpt: ...esentation and a survey performed in 2000, Plaintiffs erected various structures, including their home. In 2016, a preliminary survey showed that Plaintiffs' improvements encroached on the neighboring land. The Georges purchased that neighboring land in February 2018, and prior to the purchase Plaintiffs informed the Georges of the survey and of the encroachments. After completing the purchase of their property, the Georges took various actions i...

Excerpt: ...Plaintiffs' lawsuit stems from their overnight stay at The Inn, where they allege they suffered personal injuries resulting from bedbug bites. The two individual Defendants are alleged to be The Inn's owners. Plaintiffs' sought‐after relief includes punitive damages and attorneys' fees. Now before the Court is Defendants' demurrer and motion to strike the complaint. Demurrer Legal Authority A demurrer tests the legal sufficiency of the allegati...

Excerpt: ...tiff failed to file an opposition. As an initial matter, Defendant failed to file and serve a declaration showing an attempt to meet and confer prior to filing the demurrer. (Code Civ. Proc., § 430.41.) Nonetheless, a determination by the Court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. (Code Civ. Proc., § 430.41(a)(4).) Defendant demurs, pursuant to Code of Civil Procedure section ...