Excerpt: ...ight to “withdraw” a jury waiver. This case involves a dispute for breach of contract and fraud based upon an alleged agreement to purchase and “flip” a residential property and then divide the profits. The Complaint was filed January 3, 2019; and a First Amended Complaint was filed on March 13, 2019. The case was set for Case Management Conference on May 3, 2019. No jury fees were posted by either side. On April 19, 2019, Defendant Han f...

Excerpt: ..., as no Default Judgment has yet been entered against him. Defendant Thomas P. Davies' Motion to Set Aside Default entered March 24, 2020 is DENIED for the following same reasons: (1) Defendant is not entitled to relief under Code of Civil Procedure Section 473(b) as more than six months have passed since entry of the default; (2) Defendant is not entitled to relief under Section 473(b) due to his failure to comply with the statutory requirement ...

Excerpt: ...�10; Issue No. 3, Fact Nos. 1, 2, 3, & 5. Plaintiff's request for a hearing continuance pursuant to Code Civ. Proc. Sect. 437c(h) is DENIED AS MOOT. Notice of Motion As an initial matter, the Court notes that Defendant's motion seeks summary judgment, but does not properly seek summary adjudication. See 9‐ 24‐21 Notice of Motion, which seeks “summary judgment,” but which makes no reference whatsoever to “summary adjudication.” Code Ci...

Excerpt: ...and seeks damages from Defendant. It asserts no allegations pertaining to Defendant Nash. The attached Police Report does not cure this defect because the Police Report merely contains statements by a third party. Because the Complaint contains/sets forth no allegations pertaining to Defendant (or anyone for that matter), the Demurrer is sustained with leave to amend. Plaintiff shall file and serve her First Amended Complaint on or before January...

Excerpt: ...483.010 et seq. The Attachment Law requires strict construction; unless specifically provided for by the Attachment Law, no attachment procedure may be ordered by the court. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. As the moving party, Plaintiffs have the burden of proving a proper basis for Attachment. C.C.P. 484.090. Plaintiffs assert claims for money had and received, conversion, and imposition of a ...

Excerpt: ...ember 17, 2021. First, the Complaint is uncertain. Code Civ. Proc. Sect. 430.10(f). Although uncertainty demurrers are generally disfavored (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616), here, the Complaint alleges so few comprehensible facts that its leaves Defendant guessing as to the factual basis for the asserted claims. Plaintiff appears to allege Defendant law firm represented Plaintiff in a 2001 Worker's Compensation Ap...

Excerpt: ...The Attachment Law requires strict construction; unless specifically provided for by the Attachment Law, no attachment procedure may be ordered by the court. Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1106. As the moving party, Plaintiffs have the burden of proving a proper basis for Attachment. C.C.P. §484.090. Here, Plaintiffs have not demonstrated the probable validity of their claims against Defendant Jeff...

Excerpt: ...er of them Is Indigent. The court may waive the bond requirement when the appellant “is indigent and is unable to obtain sufficient sureties . . . .” (Code of Civ. Proc. § 995.240.) Nadine Bagnarol presents no evidence of her financial state. The Court cannot find that she is indigent for purposes of Section 995.240. Carolina Bagnarol claims that her only assets are her interest in the LLC, her interest in the Canyon and Vera properties, and...

Excerpt: ...n for conflict of interest based on a prior (successive) or current representation. Lynn v. George (2017) 15 Cal.App.5th 630, 638. A motion to disqualify requires the Court to consider a number of factors, including each party's right to counsel of choice, the challenged attorney's interest in representing a client, the financial burden on a client of changing counsel, any tactical abuse underlying a disqualification motion, and delay in seeking ...

Excerpt: ...D. This claim arises from Cross‐Defendant initiating this action on September 6, 2017. Thus, on the face of the FACC and the judicially‐noticeable facts, this claim is barred by the oneyear statute of limitations for FDCPA claims. See 15 U.S.C.A. § 1692k (“An action to enforce any liability created by this subchapter may be brought . . . within one year from the date on which the violation occurs.”). Cross‐Complainant Alfredo Andrade c...

Excerpt: ...f ownership title of 50% in the subject property. As this seeks more than simple declaratory relief, and rather is an action to enforce the oral contract, trial preference is discretionary in the Court, pursuant to Section 1062.3(b). Further, Plaintiff admits that she presently has no ownership interest in the subject property – rather she is seeking to have an ownership interest transferred back to her. Plaintiff presents no declaration or oth...

Excerpt: ...hovel if that person comes near Defendant's birds. The Notice alleges Defendant's threat of violence is unlawful and constitutes a nuisance. A threat to inflict serious bodily injury on another person can, in some cases, constitute just cause for an eviction. See, e.g., Civ. Code 1946.2(b)(1)(F) (“… at‐fault just cause is …. any of the following: (F) Criminal activity by the tenant on the residential real property, …or any …criminal t...

Excerpt: ...Judgment. Pursuant to Code Civ. Proc., § 1285.4, a petition to confirm an arbitration award must (1) set forth the substance of the agreement to arbitrate, (2) set forth the names of the arbitrators, and (3) set forth or attach a copy of the arbitration award. The unopposed Petition complies with these requirements. The arbitrator's Final Award was issued on March 8, 2021. The present Petition was timely filed and served in accordance with Code ...

Excerpt: ...tatutes of limitations. The motion for judgment on the pleadings as to the cause of action for unjust enrichment and for fraud for failure to state a claim is DENIED. Request for judicial notice are GRANTED as to court orders and the pleadings, but otherwise DENIED as irrelevant. Plaintiffs shall file and serve their Second Amended Complaint on or before October 20, 2021. The motion is granted on the ground that these claims are potentially barre...

Excerpt: ...an Express Bank FSB against Defendants C.D. Rowsell and Bosonda International Ltd. as to all claims alleged in the First Amended Complaint is GRANTED. Alternatively, Plaintiff's motion for summary adjudication of the first cause of action for breach of contract is GRANTED; Plaintiff's motion for summary adjudication of the second cause of action for account stated is GRANTED; Plaintiff's motion for summary adjudication of the third cause of actio...

Excerpt: ...on, the court first determines whether the defendant has made a threshold showing that the challenged cause of action arises from protected activity. (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056.) If the defendant makes this threshold showing, then the burden shifts to the plaintiff to establish a probability of prevailing on the claim. (Ibid.; see also Code of Civ. Proc. § 425.16(b)(1).) The plaintiff “must demonstrate that the complaint is...

Excerpt: ...Court. Plaintiff filed a notice that the case was “at issue” and requested a court trial – at a time when Benjamin Skelton was not a party, and given no notice thereof. The notice of the pretrial conference and of the trial were not served upon Benjamin Skelton. No default was ever entered against Benjamin Skelton – nor requested. No service of process or notice of trial was given to him as an unidentified occupant either, nor was any def...

Excerpt: ...d is otherwise DENIED as to all other causes of action. Plaintiff's request for judicial notice of other lawsuits against Defendants is DENIED and Defendants' objection thereto is SUSTAINED. Defendants' Evidentiary Objections, filed 8‐11‐21, are ruled upon as follows:  Obj. No. 1. OVERRULED.  Obj. No. 2. OVERRULED. Defendants object to this evidence on the basis of hearsay, but it appears that this evidence is not being used to show the...

Excerpt: ...t filed by Hillsborough Park Company (“HPC”) are DENIED. Absent objection, the Court grants Cross‐defendants Wisemans' Request for Judicial Notice as to all requested matters (Exhibits A through X.) HPC's cross‐complaint seeks to adjudicate that a strip of roadway adjacent to Crossdefendants Wisemans' lot is owned by HPC. The Wisemans contend that the Strip is a dedicated public road. The motion argues that the Howard Estate dedicated wit...

Excerpt: ... LEAVE TO AMEND, the ground that Plaintiff has failed to plead facts with particularity. Demurrer on other grounds is deemed MOOT given the lack of facts alleged in the pleading. Plaintiff shall file her Second Amended Complaint on or before August 28, 2021. Defendant argues that Plaintiff has not pled facts with sufficient particularity to satisfy the heightened statutory pleading standard for statutory liability against a government entity, cit...

Excerpt: ...omplaint is GRANTED. Alternatively, Plaintiff's motion for summary adjudication of the first cause of action for breach of contract is GRANTED; Plaintiff's motion for summary adjudication of the second cause of action for account stated is GRANTED; Plaintiff's motion for summary adjudication of the third cause of action for money lent is GRANTED: and Plaintiff's motion for summary adjudication of the fourth cause of action for money had and recei...

Excerpt: ...STAINED WITHOUT LEAVE TO AMEND; the demurrer to the seventh cross‐cause of action for violation of Business & Professions Code Section 17200 for “unlawful” or fraudulent acts or practices is SUSTAINED WITHOUT LEAVE TO AMEND; and the demurrer to the eleventh cross‐cause of action for “injunctive relief” is SUSTAINED but with leave to amend only to add a request for injunctive relief as a remedy to an appropriate and viable cause of act...

Excerpt: ...he fourth cause of action for breach of the implied covenant of good faith and fair dealing. Plaintiff shall file and serve his First Amended Complaint (with proper exhibits attached) on or before July 23, 2021. In general, a demurrer can be used only to challenge defects that appear on the face of the pleading, including attached exhibits, or from matters subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. Here, the Complaint ...

Excerpt: ...rocured by extrinsic fraud or mistake. Moghaddam v. Bone (2006) 142 Cal.App.4th 283, 299. Defendant Michael Dilkey declares that he was never served with the operative First Amended Complaint and Amended Summons, either personally or by mail. A proof of service of the amended summons and complaint was filed on June 24, 2015, reflecting personal service on Mike Dilkey in the parking lot of his business on Lindbergh Street in Auburn by a licensed p...

Excerpt: ...ants attempted to meet and confer in good faith. Francis Decl., ¶¶ 2‐7. Further, following the parties' participation in an informal discovery conference, the Court authorized this motion to compel. 4/15/21 Minute Order. Plaintiff has placed his mental condition at issue due to his claim for intentional infliction of emotional distress and his assertion that he has experienced “grave emotional distress.” Compl. ¶¶ 97‐104. Plaintiff do...