Excerpt: ...hem, are enjoined from 1) withdrawing, transferring or using any funds in Wells Fargo Bank Account Nos. 6403387514 and 4155001278 for any purpose other than for the sole benefit of GICC per a request made by a board member of GICC; and 2) taking any action to sublease, license or occupy any space currently occupied by the GICC under the terms of the GICC license granted by the California Department of Social Services. Plaintiffs have shown that t...

Excerpt: ...tzah states only that he wrote a meet and confer letter to plaintiff's counsel. Consequently, the hearing on the demurrer is continued to August 10, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer. The demurring party is required to file, no later than 7 days prior to the new hearing date, a code‐compliant declaration stating either (1) the parties have met and conferred and (a) the parties have resolv...

Excerpt: ... Fourth Causes of Action (“To Set Aside Illegal Foreclosure,” “Elder Financial Abuse,” and “Unfair Business Practices”), the Demurrer is SUSTAINED WITH LEAVE TO AMEND on grounds the FAC does not sufficiently identify which factual allegations are directed against each named Defendant. The FAC asserts claims against the loan servicer (Shellpoint), the foreclosure trustee (Trustee Corps), and the alleged beneficiary of the loan and buye...

Excerpt: ...s) Demurrer to Plaintiffs John and Carolyn Booth's First Amended Complaint (FAC), filed 4‐30‐18, is SUSTAINED WITH LEAVE TO AMEND on grounds the FAC does not sufficiently identify/specify which factual allegations are directed against which Trustee Corps. The FAC asserts claims against the loan servicer (Shellpoint), the foreclosure trustee (Trustee Corps), and the alleged beneficiary of the loan and buyer of the property (Bank of New York Me...

Excerpt: ...s to be misfiled, and it was not given a hearing date. Upon transfer from Contra Costa Superior Court, the case of Rael & Letson v. Cassano was assigned case number 18 CIV 02671. Defendant Cassano, however, filed his motion in the case of Rael & Letson v. Haskew (17 CIV 05483) at a time when the two cases had not been consolidated. The motions by both Defendants seek to strike attorney's fees and costs damages. In addition, the motion by Defendan...

Excerpt: ...(2014) 59 Cal.4th 602, 608.) Where a statute provides for attorney fees, they are generally available both at trial and on appeal. (Morcos v. Board of Retirement (1990) 51 Cal.3d 924, 927.) In this case, prior awards of attorney's fees have been granted by statute under Code of Civil Procedure section 1021.5. Accordingly, Judgment Creditor is also entitled to an award of attorney's fees on appeal based on section 1021.5. Defendant Ramin Yeganeh i...

Excerpt: ...st the “disentitlement doctrine” properly should have been raised in the appellate court, not in opposition to a motion to set attorney's fees after the Court of Appeal granted them. Plaintiff Renee Glover CHANTLER shall recover from Defendant RAMIN YEGANEH and his attorney William E. Gilg jointly and severally the amount of $8,120.00. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plai...

Excerpt: ...ion against Defendant. The claims in the FAC appear to be based on the allegations that: (1) Defendant's lacked standing to record or transfer and convey any interest in Plaintiffs' property because the original lender, SCME Mortgage Bankers, Inc., did not assign any rights or interest in Plaintiffs' note and Deed of Trust, and (2) Defendant failed to contact Plaintiffs to explore options to avoiding foreclosure 30 days prior to recording the Oct...

Excerpt: ...GROUP, INC. TENTATIVE RULING: The hearing on this motion is continued to August 13, 2018 at 9:00 A.M. to set. This order supersedes the Stipulation and Order filed 06‐25‐18. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords su...

Excerpt: ...acts to constitute a defense. CCP §438(c)(1)(A). Judgment shall be entered in favor of Plaintiff in the amount of $3,394.22. Costs may be sought pursuant to applicable post judgment procedures. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ...

Excerpt: ...led to take the property by eminent domain, that it has deposited the amount of probable compensation with the State Treasurer and that it will suffer substantial harm if possession is delayed until judgment is entered. In contrast, Defendant's objection does not provide any facts to show that it will suffer harm as a result Plaintiff's prejudgment possession. If the tentative ruling is uncontested, it shall become the order of the Court, pursuan...

Excerpt: ...urden of demonstrating the Court has personal jurisdiction over Mr. Peterson. As to Mr. Peterson, this is not a breach of contract case. The Second Amended Complaint (SAC) asserts claims against Peterson for conversion and conspiracy. In their Opposition papers, Plaintiffs point to evidence that (a) Peterson signed a “contract” (a “Scope Letter”) on co‐Plaintiff Black Pine Group, LLC's letterhead showing a Black Pine company address in ...

Excerpt: ...hird Amended Complaint of Plaintiff Jane Doe #2 (“Plaintiff”), is ruled on as follows: (1) Defendant's motion to the Seventh Cause of Action for Negligence Per Se and Eighth Cause of Action for Negligent Infliction of Emotional Distress is DENIED. Both the Seventh and Eighth Causes of Action allege that Defendant breached its mandatory duty to report child sexual abuse of Plaintiff when it had knowledge and information sufficient to create a ...

Excerpt: ...lt Judgment Is Void. If the complaint fails to state a claim against a defendant, then a default judgment is erroneous. Relief awarded in a default judgment is limited to the prayer and “by the substantive allegations of the complaint. . . . [I]t is error to enter a default judgment on a complaint that fails to state a cause of action against the defaulting defendant.” (Ferraro v. Camarlinghi (2008) 161 Cal. App. 4th 509, 539.) “If the comp...

Excerpt: ...��producing conduct that is the foundation for the claim. If the injury‐producing conduct on which the claim is based does not rest on protected speech or petitioning activity, then “collateral or incidental allusions” to protected activity will not invoke the anti‐SLAPP statute. The claim must be based on “an act in furtherance of” the defendant's right of petition or free speech. (Hunter v. CBS Broadcasting, Inc. (2013) 221 Cal. App...

Excerpt: ...s of the April 27, 2017 is GRANTED in an amount to be determined by subsequent noticed motion. There is no dispute that the parties entered into a confidential settlement agreement on April 27, 2017 which provided in part that “This Agreement shall be binding and final whether or not a formal agreement is executed.” There is no dispute that the April 27, 2017 Agreement does not expressly state that the Settlement includes an Indemnification p...

Excerpt: ... entirety. The Court finds that these causes of action are sufficiently stated. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. ...

Excerpt: ...dum of Points and Authorities a “Matrix of Targeted Allegations and Legal Authorities” that is 24‐pages long identifying the portions it is seeking to strike as well as the legal basis for striking each portion. While Defendant may have intended for this Matrix to be helpful in light of the numerous provisions it is seeking to strike, the court notes that Defendant includes arguments in the Matrix that are not in the Memorandum of Points an...

Excerpt: ...rceable, for failure to comply with Code of Civil Procedure section 2032.320, subdivision (d). Before this motion was filed, Plaintiff never offered this as an explanation for her failure to appear. Regardless, the Minute Order is enforceable under Bittle v. Superior Court (1976) 55 Cal.App.3d 489 and Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 269‐270, both of which Plaintiff relies on. All of the requisites of Section 2032.320(d) ...

Excerpt: ...ted duration of the appeal. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.. ...

Excerpt: ...to allow Plaintiff's counsel time to address the fact that Plaintiff is deceased, either through appointment of a personal representative, a successor‐in‐interest, or otherwise. Code Civ. Proc. § 377.31. Prior to the continued hearing date, either party may file additional documents/evidence with the Court, should they choose to do so. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(...

Excerpt: ...ff and interested party Irlanda Fuentes‐Perez by Nationwide Legal LLC. However, there is no declaration from the individual at Nationwide Legal as to the actual delivery of the motion. The court also notes that PV Holding Corp. was not served with the motion. Although it has been dismissed by plaintiff, the settling party needs to show that its rights would not be affected by the good faith determination. Indemnity claims by other joint tortfea...

Excerpt: ...ourth Causes of Action are barred by the statute of limitations is OVERRULED. The one‐year statute of limitations begins to run “after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission….” (C.C.P. sec. 340.6.) Although Plaintiff alleges a number of wrongdoings and/or omissions by Defendant, Plaintiff alleges at least in part that she did not disco...