Excerpt: ...tion for her whistleblower complaint that a university contractor was improperly luring and misleading UCSC donors to leave their charitable gifts to his private company instead of the university or its foundation. II. MOTION A. Continue trial Cal. Rules of Court, rule 3.1332, Motion or application for continuance of trial provides: (c) Grounds for continuance: Although continuances of trials are disfavored, each request for a continuance must be...

Excerpt: ...ve to amend any pleading is entrusted to judge's sound discretion].) Judges should generally be liberal in permitting amendments to pleadings. (Ibid.) A judge should deny leave to amend only when the facts are undisputed and the nature of a claim is clear, but under the substantive law, no liability exists and no amendment would change the result. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Judges must consider factors of p...

Excerpt: ...n and sought to foreclose. Plaintiff counters that defendant induced her into default. Plaintiff filed a second amended complaint on June 21, 2024, alleging four causes of action relating to the loan transaction and terms. Three of the causes of action are based on alleged statutory violations and one is based upon an alleged breach of the implied covenant of good faith and fair dealing. On October 25, 2024, defendant filed a cross - complaint fo...

Excerpt: ...tos (Attachments PP, QQ), and character letters on defendant's behalf (Attachment YY). Due to the nature of these documents, no protective order is necessary related to them. Defendant shall produce them to plaintiff within 10 days of the hearing. Plaintiff issued a subpoena to the District Attorney on November 5, 2024 seeking: “1. The entire investigation file relating to Peo. v. Frank DeBernardo, 22CR03154. 2. Any and all statements given by ...

Excerpt: ...es are entitled to recover certain categories of costs as a matter of right. (CCP §1032.) Certain items of costs are specifically allowable, while others are specifically prohibited under CCP §1033.5(a)(b). The court has discretion to allow costs which are not mentioned (neither allowed nor prohibited) in CCP §1033.5. (CCP §1033.5(c)(4).) However, whether awarded as allowable costs under the statute, or in the court's discretion, all costs ar...

Excerpt: ...cond defendant, Law Office of Timothy J. Morgan (“defendant Law Office”), has not been the subject of prior discovery motions. This court granted plaintiff's previous unopposed motion to compel initial responses to discovery by defendant Morgan, without objection, to form interrogatories, set one, and responses and documents to requests for production, set one, no later than 5/31/24. The court imposed monetary sanctions in the amount of $1,00...

Excerpt: ...he PPMC board voted to terminate Greg Laskey's membership and reclaim his allotment. The petition sought an order from the court requiring Greg Laskey to vacate the premises and permit PPMC to obtain two independent appraisals, place the property on the market at 10% above the average of the two appraisals and sell the property with the proceeds first applied to the outstanding debts owed to PPMC, for costs and attorney's fees and the balance to ...

Excerpt: ...evrolet Bolt. Plaintiff contends the vehicle's battery is defective and that there is potential for high voltage battery fire. Plaintiff alleges that numerous recalls were issued regarding the battery and its high potential for fire, resulting in substantially less battery life and driving miles per charge. Plaintiff was promised at purchase that the vehicle could travel 259 miles per charge by the dealership, which was essential for him and his ...

Excerpt: ...nt of wages or fringe benefits under the Labor Code. As such, it is not entitled to attorneys' fees as a prevailing party pursuant to Labor Code section 218.5. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 3, 2025 TIME: 8:30 A.M. Page 2 of 10 I. BACKGROUND Trial was held from April 3, 2024, through June 7, 2024. On June 3, 2024, this court granted nonsuit as to defendant American Manufactured Homes Holdings (Holdings), which was dismissed as a def...

Excerpt: ...ed on CCP § 663 which is the mechanism for vacating a judgment post trial and entering a different judgment. Following a four -day court trial, this Court ruled from the bench in favor of plaintiff. Defendant requested a Statement of Decision, and following receipt and review of trial testimony, this Court issued its Statement of Decision and Judgment for plaintiff on 12/24/24. II. LEGAL STANDARDS “A judgment or decree, when based upon a decis...

Excerpt: ...laintiff was employed by Granite as an excavator operator (FAC at ¶ 14.) On his second day on the job, plaintiff was working when the bucket of the excavator scooped up a pile of debris which released a large plume of black soot. Plaintiff asserts he was injured by the smoke and required emergency medical treatment, including a tracheotomy and intubation. (FAC at ¶¶ 17 -21.) The first amended complaint (“FAC”) was filed on December 16, 202...

Excerpt: ... County, (3) inverse condemnation (physical taking) against the San Lorenzo Valley Water District (“District”), (4) nuisance against the District, and (5) declaratory relief against the County. In September 2024, this court overruled the County's demurrer to the first amended petition and sustained the District's with leave to amend. Petitioners lost their home in the CZU fire in 2020 and began the process of rebuilding. According to the veri...

Excerpt: ...his case against two fumigation companies after his pet cat died allegedly as a result of their fumigation services at his next -door neighbors' house. The verified complaint includes causes of action for public nuisance, negligence and negligence per se. On 5/22/23, defendants Cornerstone Pest Control, Inc. and First Class Fumigation Company, Inc. inspected and performed fumigation services on the property at 23600 Skyview Terrace in Los Gatos, ...

Excerpt: ...on, or oral agreement entered into in open court and recorded in the minutes or a transcript of the proceedings. (CCP § 583.330.) To be effective, the stipulation must either extend the time for bringing the action to trial to a date beyond the five -year period, or expressly waive defendant's right to seek dismissal under CCP § 583.310. (See General Ins. Co. of America v. Sup.Ct. (1975) 15 Cal.3d 449, 455; Munoz v. City of Tracy (2015) 238 Cal...

Excerpt: ...g aggressive encounters by Cody Arnold against him and others, culminating in Cody Arnold allegedly shooting plaintiff in the chest with a handgun. (Compl. at ¶¶ 10 -16.) Cody Arnold was arrested, and his criminal case is ongoing here in Santa Cruz County. Plaintiff has brought this civil action against Gary Arnold for negligence and breach of the implied warranty of quiet enjoyment. Gary Arnold filed a cross -complaint against plaintiff allegi...

Excerpt: ...ering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ....” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525.) In a demurrer proceeding, the defects must be apparent on the face of the pleadi...

Excerpt: ... demurrer was filed 9/11/24; the amended complaint therefore could be filed up until 9/23/24. See California Rules of Court, rules 1.10(b) and 3.1320(g).) Further, the court does not find that plaintiffs' counsel's waiver at an earlier hearing applied to their time to file the FAC, but only to their notice for the next case management conference. (Petersen Declaration ¶ 2.) II. DEMURRER AND MOTION TO STRIKE Defendants demur on the grounds that t...

Excerpt: ...the time of the alleged incident, did not attend Rio Del Mar Elementary but did attend other schools within the District; Mercer was never his teacher. M.T. alleges Mercer sexually assaulted him in the summer of 1997 at Mercer's home. M.T. filed a first amended complaint against the District for negligence, negligent hiring, supervision and retention, negligent failure to warn, train or educate, negligent supervision of a minor, breach of mandato...

Excerpt: ...ON Six plaintiffs were injured in an auto collision allegedly caused by a defendant truck driver. At about 10:00 pm on 6/15/20 on Highway 1 near Morrissey Blvd. in Santa Cruz, a highway paving project was underway. A truck driver, employed by defendant Punia Trucking, Inc., unloaded asphalt and drove off with his truck bed extended into the air, causing it to catch a PG&E guy wire, pulling it lower and causing an unseen hazard. Plaintiffs' truck ...

Excerpt: ...On February 20, 2024, Defendant served Plaintiff Marijana Smailagic with the following discovery requests on behalf of Defendant The Regents of the University of California: (1) Form Interrogatories – General (Set One); (2) Form Interrogatories – Employment (Set One); (3) Special Interrogatories (Set One); and (4) Request for Production of Documents (Set One) (“The Regents' Outstanding Discovery”). Pursuant to agreement between the partie...

Excerpt: ...tion”, there are triable issues as to whether these remedies may be applicable. Finally, there are triable issues of fact as to whether Doctor's Associates is an alter ego of Subway based upon the evidence presented by plaintiffs. I. BACKGROUND AND ALLEGATIONS This is a commercial landlord -tenant dispute, essentially for unpaid rent and resulting damages. Defendants do not contest that back rent is owed but assert only Subway is responsible an...

Excerpt: ...inyk, plaintiff's former next door neighbors. Turner and Olinyk are no longer parties to this action; Turner filed a successful judgment on the pleadings, resulting in her dispute being handled in family court (Santa Cruz Superior No. 16FL00655) and Olinyk's default was entered 1/12/22. The only parties remaining in the action are plaintiff, Shahram Tabatabai, and defendant/cross -complainant Lindow.1 Plaintiff alleges that Turner and Lindow cons...

Excerpt: ...is case was filed late in December 2020, it was not at issue until mid -2023 when plaintiff served it on defendant. DEFENDANT DRESCHER'S MOTION FOR RECONSIDERATION AS TO PRETRIAL FINANCIAL DISCOVERY The motion for reconsideration as to pretrial financial discovery is granted. As explained below, the court denies plaintiff's motion for pretrial financial discovery of defendant Drescher. Defendant asks the court to reconsider its ruling ordering hi...

Excerpt: ...n December 17, 2024 when plaintiff advised she had not received it. Plaintiff has failed to provide any responses. (Mohamed Declaration, ¶¶ 3 -10.) On December 30, 2024, defendant set plaintiff's deposition for January 20, 2025, after copious communications with her about its scheduling and her requirement it take place at her home. (Mohamed Decl., ¶¶ 11 -21.) That deposition did not go forward based on plaintiff's apparent efforts to stall i...

Excerpt: ...g and retention, and defamation. Plaintiff's attempts to dispute material facts fail, largely because her evidence in support is made up of inadmissible hearsay. The Court finds as a matter of law that (1) there are no disputed material facts establishing a triable issue of fact that plaintiff's separation from RI was retaliatory, and (2) the single allegedly defamatory statement was privileged and no triable issue of malice is shown. I. DEFENDAN...

Excerpt: ...nager's apartment. Wolfe asserts, in her complaint, she was sexually assaulted by an unidentified man who gained access to her apartment while she was asleep. Wolfe alleges defendant Kashi Ji, LLC owned and operated the defendant Inn and that defendants Parvin and Tajesh Patel employed her. Causes of action alleged in Wolfe's complaint are negligence (against Patels and the Inn), premises liability (against Patels and the Inn), sexual battery, fa...

Excerpt: ...t alleges various Labor Code violations, breach of contract against Humanize, violations of the Business and Professions Code, and violations of Code of Civil Procedure section 181.97. Carson Kelly is alleged to be the managing agent of Humanize Global. The court entered judgment against Carson Kelly and Humanize Global US, Inc. on March 11, 2024. An abstract of judgment was issued on March 18, 2024, in the amount of $40,718.24 against Carson Kel...

Excerpt: ...evise the operative Answer by removing the entirety of the prior thirty (30) page Answer and replace it with a more concise five (5) page general denial, affirmative defenses, and prayer for relief.” (Mtn. at p. 2.) Defendant, in her moving papers, maintains that when she filed her original answer, she was not represented by counsel, was unaware of her right to assert affirmative defenses, that the answer contains unnecessary factual arguments ...

Excerpt: ...ineness of any documents and the truth of any matter specified in the request be deemed admitted, as well as for monetary sanctions. Code of Civil Procedure section 2033.280, subdivision (c) requires the court to make this order “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance wit...

Excerpt: ...t costs, and plaintiff may file any responsive briefing no later than February 14, 2025. Both parties are limited to 10 pages of briefing; defendant should also include attachments such as invoices from her experts. I. BACKGROUND AND MOTION: This is a motor vehicle/pedestrian accident case. In August 2021, defendant Dale Crable served a CCP §998 offer (“offer”) on plaintiff Yvonne Gravil in the amount of $65,000.00, which was withdrawn by pl...

Excerpt: ...tiffs' predecessor in interest entered into a written lease agreement with defendant Subway for a commercial property located in Watsonville, California. The FAC alleges that defendant Subway was identified as being in business for the sole purpose of negotiating and drafting commercial leases on the behalf of and for the benefit of defendant Doctor's Associations Inc. (“DAI”). Plaintiffs contend Doctor's Associates, LLC (“DAL”) is a Flor...

Excerpt: ...fenses related to plaintiff's alleged fraud and breach of contract. This late amendment caused considerably more work for trial preparation. (Van Vleck Declaration ¶ 2.) LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 27, 2025 TIME: 8:30 A.M. Page 2 of 11 The court conducted a one -day trial and judgment was entered for plaintiff, who now moves for $50,878.89 in attorneys' fees based on Civil Code §1717 (attorneys' fees for prevailing party in c...

Excerpt: ... they are a blatant fishing expedition, are unwarranted, overly broad, potentially invade plaintiffs' right of privacy, and a delay tactic. Further, plaintiffs maintain that they never indicated they were ever treated at the vast majority of the facilities defendants seek records from. Finally, plaintiffs contend the subpoenas are not limited to the body parts at issue in this litigation and place no restrictions that the records requested be rel...

Excerpt: ...s incurred as a self -represented party pursuant to Kravitz v. Superior Court (2001) 91 Cal.App.4th 1015. Plaintiff asserts expenses of $30.00 for the cost of serving the motion and $20.00 for a PDF filler subscription fee to comply with the court formatting requirements. (Dec. of Zhan at ¶ 4.) Defendant filed an opposition on December 12, 2024 and maintains they failed to respond in a timely fashion because they are self -represented and misund...

Excerpt: ... Table” as well as the cardmember agreement; the documents are not specific to a particular account. On October 10, 2024, Singh filed an answer, stating that he is willing to pay off the amount he owes via a payment plan. He also raises two affirmative defenses: failure to disclose and mistake. Chase Bank brings this motion for judgment on the pleadings, asserting the complaint states facts sufficient to constitute a cause of action for breach ...

Excerpt: ...uments, negligence, intentional infliction of emotional distress, tort of another, and declaratory relief. They alleged a harassment campaign by their neighbor Candice Bruner and her mother Jody Bruner's facilitation of it. Ultimately, the jury found Jody Bruner did not commit a nuisance and was not negligent. The court thereafter ruled on plaintiffs' second cause of action against Jody regarding enforcement of HOA governing documents, finding no...

Excerpt: ... is stricken from paragraph 104, as is his prayer for punitive damages. I. MOTIONS This Court previously sustained a demurrer to the third, sixth and eighth causes of action and granted a motion to strike in part. Defendant again demurs to the sixth and eighth causes of action on the grounds they fail to plead sufficient facts. It argues that the second amended complaint's (“SAC”) claim for intentional infliction of emotional distress (“IIE...

Excerpt: ...d the arbitration agreement's forum selection and choice of law clause as part of its order granting the motion to compel arbitration. (See, Order dated April 18, 2023.) Further, in the court's tentative ruling, which the court adopted at the hearing on the motion to compel arbitration, the court determined “[t]he forum selection and choice of law terms included in the agreement (requiring Plaintiff to conduct the binding arbitration in Dallas,...

Excerpt: ...est rate of 8% per year. The Sullivans defaulted on the note and Tramiel filed suit for breach of promissory note. On November 3, 2022, before the Sullivans responded to the complaint, Tramiel asserts the parties reached a settlement agreement. Under the agreement, the Sullivans agreed to pay Tramiel $150,000.00 in monthly payments of $10,000.00 starting November 15, 2022, at 8% annual interest. (Ex. B to Dec. of Beene, ¶¶ 1.1, 1.2) The parties...

Excerpt: ...and requests for admissions, set one. Defendant served the discovery at issue on September 12, 2024. On October 21, 2024, counsel for defendant emailed plaintiff's counsel regarding the status of the responses. On October 28, 2024, defendant's counsel called plaintiff's counsel and left a voicemail concerning the lack of responses. (Dec. of Kisel at ¶¶ 1 – 3, ex. B.) After receiving no response, on October 30, 2024, defendant filed these moti...

Excerpt: ...t (“PVUSD”). These two motions relate to one event – plaintiffs' counsel's inspection of an unredacted District Attorney's Office (“DAO”) file regarding the investigation of the alleged abuser. Plaintiffs' motion seeks this court's order compelling disclosure of that file. Defendant PVUSD LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 10, 2025 TIME: 8:30 A.M. Page 5 of 19 and third parties County Sheriff's Office and District Attorney a...

Excerpt: ...re to challenge a contention in a brief results in the concession of that argument. (DuPont Merck Pharmaceutical Co. v. Sup. Ct. (2000) 78 LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 10, 2025 TIME: 8:30 A.M. Page 14 of 19 Cal.App.4th 562, 566.) The court may construe the absence of a memorandum as waiver of all grounds not supported. (Rules of Court, rule 3.1113(a).) Defendants' motion for summary adjudication as to the third cause of action f...

Excerpt: ... cause of action and its nature. Plaintiff alleged that following his separation from defendant, she falsely claimed in bankruptcy filings that she was unable to collect child support from him. Plaintiff also claims defendant made false statements in their dissolution proceeding that he was living in a community property -owned trailer on vacant land in an effort to dispute whether he could house their children. Plaintiff then confusingly discuss...

Excerpt: ...t production demand in the withdrawal request. The withdrawal did not clearly state whether or not plaintiff intended to go forward with this motion, and sanctions will not be awardable since the sanctions request was expressly withdrawn. A failure to appear by plaintiff will be deemed a withdrawal of this motion. The Court recognizes that plaintiff may have intended to withdraw all three motions, but if this motion is going forward, here is the ...

Excerpt: ...72.) The parties shall appear to determine what records and information will be sought in discovery. I. LEGAL STANDARDS Pretrial discovery of a defendant's financial condition is generally not permitted. (Civ. Code § 3295(c); Jabro v. Superior Court (2002) 95 Cal. App. 4th 754, 756.) However, Civil Code section 3295(c) provides that “[u]pon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a he...

Excerpt: ...or a stay. On October 24, 2023, plaintiffs moved the court for relief from the prior stay order, which was granted. On February 1, 2024, Holcomb filed a cross -complaint. At the June 4, 2024 case management conference the court set a trial date of June 2, 2025. Present at the case management conference were counsel for plaintiffs, Robert Lockhart (counsel for American National Insulation, Inc.), and Christopher Loweth (former counsel for Holcomb....

Excerpt: ...tiffs alleged McKeon diverted more than $250,000.00 in funds from Reefside to himself by paying his personal debts and using the money for his own benefit. Additionally, plaintiffs maintain McKeon was untimely in his payments as required under the SPA, eventually leading plaintiffs to rescind the SPA. Plaintiffs further allege McKeon breached other terms under the SPA, including failing to hold assets to make quarterly tax payments, to pay rent t...

Excerpt: ...able neglect. “[W]here the defendant, with full knowledge of the proceedings, and without being misled by the opposing party or counsel, fails to take action to protect his interests until after the default, it is an abuse of discretion to set the default aside. [Cit. omitted.] Nor does the trial court have the legal power to set aside the default simply because the defendant did not realize the legal effect of failing to file an answer.” (Ya...

Excerpt: ... violations, breach of contract against Humanize, violations of the Business and Professions Code, and violations of Code of Civil Procedure section 181.97. Carson Kelly is alleged to be the managing agent of Humanize Global. The court entered judgment against Carson Kelly and Humanize Global US, Inc. on 3/11/24. An abstract of judgment was issued on 3/18/24 in the amount of $40,718.24 against Carson Kelly and a writ of execution issued on 3/27/2...

Excerpt: ... retention against the District (“PVUSD”). These two motions relate to one event – plaintiffs' counsel's inspection of an unredacted District Attorney's Office (“DAO”) file regarding the investigation of the alleged abuser. Plaintiffs' motion seeks this court's order compelling disclosure of that file. Defendant PVUSD and third parties County Sheriff's Office and District Attorney assert that counsel's review of that file was improper s...

Excerpt: ...ociated requests for relief and factual allegations in the petition. The Commission cites Code of Civil Procedure sections 435, subdivision (b)(1) and 436, subdivisions (a) and (b.)1 Portions requested to be stricken: 1) Paragraph 136, strike from page 37, line 19, to page 38, line 4, paragraph beginning with “Specifically,” and ending with the block quote. 2) Paragraph 137, strike entire paragraph. 3) Paragraph 139, strike page 39, lines 11 ...

Excerpt: ...s on June 16, 2022. (Exs. B & I to Dec. of Gleason.) Bradshaw denied certain RFAs and admitted others. Bradshaw was deposed in September of 2022. On May 9, 2024, Granite brought a motion to deem facts as admitted against Bradshaw (RFAs sets 1 and 2) and a second plaintiff, Sunde (set 1). The basis for the motion as to RFAs, set one, directed to Bradshaw, was the lack of verification of the responses served in June 2022. Plaintiff did not file a t...

Excerpt: ...tative capacities. (Complaint ¶ 5.) Defendant TPPMC argues that she pursued the breach of contract cause of action as a third - party beneficiary and as decedent's wife, and therefore, imposing fees against her as an individual is appropriate. (Civil Code § 1717; Farber v. Bay View Terrace Homeowners Assn. (2006) 141 Cal.App.4th 1007, 1014 -1016.) Plaintiff argues she sought relief solely based on her representative capacity for the probate est...

Excerpt: ...he defects can be cured with amendment. (Kong v. City of Hawaiian Gardens Redevelopment Agency (2002) 108 Cal.App.4th 1028, 1037.) Plaintiff's complaint is dismissed. II. BACKGROUND/COMPLAINT Plaintiff's initial verified complaint, filed 2/6/24, listed causes of action for violation of Title III of the ADA, violation of the Unruh Civil Rights Act, intentional infliction of emotional distress, breach of contract, promissory estoppel, breach of the...

Excerpt: ...ir dealing. Plaintiff shall file any amended pleading within 30 days of the hearing. I. BACKGROUND Plaintiff alleges that he purchased a home in Boulder Creek in 2018. Around that time, he sought installation of AT&T services. (Complaint ¶ 11.) Then, in late 2022, he encountered setup challenges with AT&T and an AT&T employee refusing to install the service. On 12/5/22, an AT&T van caused substantial damage to a bridge in an attempt to string a ...

Excerpt: ... retention against the District (“PVUSD”). These two motions relate to one event – plaintiffs' counsel's inspection of an unredacted District Attorney's Office (“DAO”) file regarding the investigation of the alleged abuser. Plaintiffs' motion seeks this court's order compelling disclosure of that file. Defendant PVUSD and third parties County Sheriff's Office and District Attorney assert that counsel's review of that file was improper s...

Excerpt: ...n support of this motion, filed over three different days in early November. They appear to be either identical or very similar. The court elected to review the most recent one (11/8/24). This is an action for damages following a dog bite. Plaintiff Carolyn Toder was a guest in defendant Drescher's home to discuss her graphic design work for the Temple's film festival. While in Drescher's home, Drescher's dog bit Plaintiff. Plaintiff sued Dresche...

Excerpt: ...the “FEHA”), retaliation, rat ification of sexual assault, intentional infliction of emotional distress, and negligent hiring, supervision, and/or retention. BISHOP additionally demurs to the third cause of action, alleging failure to prevent sexual harassment. Summarized, Plaintiff's complaint alleges that fellow teacher and Defendant MICHAEL ANTHONY HENRY (“HENRY”) sexually assaulted her on school grounds on November 1, 2022. Plaintiff ...

Excerpt: ...led Labs Inc. and In Level Construction Inc. caused unspecified bodily injury and property damage on or about 6/7/22. They sue for negligence and breach of contract. Plaintiffs fail to identify any defendant specifically for either cause of action. For negligence, they use “defendants” and for breach of contract they use “defendant's”. II. DEMURRER First, plaintiffs failed to file any opposition to this motion and instead filed a second a...

Excerpt: ...gligent misrepresentation; and (4) quantum meruit. This case is about an alleged internet sales scam. Plaintiff made deposits to purchase used luxury goods she saw on defendants' Instagram account and never received some of the items for which she placed deposits. Plaintiff purchased some goods from defendants which are not at issue here, but for others plaintiff alleges high pressure sales tactics by defendants for certain items, urging plaintif...

Excerpt: ...interior damage, failed to pay rent, and stole personal property, some of which was inside the rental and some contained in a shed on the property. They seek $127,000.00 in damages, attorneys' fees, and punitive damages. Defendant demurs to the first and second causes of action on the grounds they fail to allege facts sufficient to state a cause of action and are uncertain. (CCP § 430.10(e)(f).) Defendant also moves to strike plaintiff's allegat...

Excerpt: ...ismissal with prejudice, the court does not retain jurisdiction to hear substantive matters. (CCP § 581d [“A written dismissal of an action shall be entered in the clerk's register and is effective for all purposes when so entered. All dismissals ordered by the court shall be in the form of a written order signed by the court and filed in the action and those orders when so filed shall constitute judgments and be effective for all purposes, an...

Excerpt: ...Plaintiff signed a binding arbitration agreement through Seascape's online payroll system. She was required to do so to become active in the online system and complete required online training. (Dec. of Gabbert, ¶ 10, Ex. 1.) 08/14/22 Plaintiff is terminated. (Complaint at ¶ 47.) 11/20/22 Plaintiff files suit against Seascape Resort, Ltd. and Anastasia Leptich. 03/20/24 Plaintiff files amendment, naming The Holcomb Corporation as Doe 10. 05/31/...

Excerpt: ...for a three -year restraining order in case no. 24CV01168. Counsel should be prepared to address if that renders this motion moot. When there are actions involving common questions of law or fact pending, a court may order a joint trial of any or all of the matters in issue in the actions or may order all the actions consolidated, or such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (CCP § 1048(a).) Each...

Excerpt: ...entered. All dismissals ordered by the court shall be in the form of a written order signed by the court and filed in the action and those orders when so filed shall constitute judgments and be effective for all purposes, and the clerk shall note those judgments in the register of actions in the case.”] (Passavanti v. Williams (1990) 225 Cal.App.3d 1602, 1606; Diaz v. United California Bank (1977) 71 Cal.App.3d 161, 166 [an order of dismissal e...

Excerpt: ...o show cause regarding failure to appear and file case management statements as to plaintiffs' former counsel, Mr. Saunders, and set a contempt hearing. Contempt of the court is defined and its procedures established in Code of Civil Procedure Sections 1209 et seq. Disobedience of any lawful judgment, order or process of the court constitutes contempt of the authority of the court. (CCP § 1209(a)(5); see also In re Young (1995) 9 Cal.4th 1052, 1...

Excerpt: ...anted defendants' petition to compel arbitration of plaintiff's individual claims regarding various Labor Code violations including unpaid minimum wages, unpaid overtime, unpaid meal period premiums, unpaid rest period premiums, untimely paid wages (including final wages), failure to provide accurate wage statements, failure to reimburse business expenses, and unfair business practices. (Santa Cruz Superior 23CV01473.) 10/28/20 Plaintiff is hired...

Excerpt: ...ction, to form interrogatories, set one, and responses and documents to requests for production, set one, no later than 5/31/24. The court imposed monetary sanctions in the amount of $1,000.00 payable by 5/31/24. Defendant failed to serve responses or documents, or pay sanctions. II. CURRENT MOTION Plaintiff now moves to compel compliance with that previous order, as well as the imposition of monetary, evidentiary and issue sanctions. Defendant h...

Excerpt: ...g, that issue was heard on 8/9/24. The court found that all elements of an equitable servitude regarding a building setback are met. Following that ruling, the parties advised that issues from those cross -motions remained undetermined, namely plaintiffs' motion as to the defense of laches, defendants' motion as to plaintiffs' claim of nuisance, and whether the lower -level structure and upper -level deck built by defendants extend beyond the set...

Excerpt: ...0/21/21, while driving on Hwy. 152, Jacobson collided with the truck driven by Zamora, who suffered serious injuries causing him to take his own life almost two years later. (Complaint ¶9.) Zamora died on 8/28/23. (Complaint ¶10.) He suffered a traumatic brain injury (“TBI”) and other injuries from the collision that caused him to experience serious progressive mental, psychological, emotional, physical and physiological injuries and dysfun...

Excerpt: ... for plaintiff of $1,000.00 • Work environment harassment v. AMH, damages for plaintiff of $90,000.00 • Failure to prevent harassment v. AMH, damages for plaintiff of $20,000.00 • Breach of written contract v. AMH, damages for plaintiff of $8,884.41 • Breach of oral contract v. AMH, verdict for AMH • Constructive discharge v. AMH, verdict for AMH • Labor Code violations v. AMH, verdicts for AMH • Breach of implied covenant of good f...

Excerpt: ...use they claim they suffered by a female staff member when they attended Rio Del Mar Elementary in 1995 through 1998. Plaintiffs' complaints allege negligence and negligent hiring, supervision and retention against the District (“PVUSD”). These two motions relate to one event – plaintiffs' counsel's inspection of an unredacted District Attorney's Office (“DAO”) file regarding the investigation of the alleged abuser. Plaintiffs' motion s...

Excerpt: ...gence and asserting she sustained property and “other” damage. Plaintiff maintains she “was unable to verify police report information clearly with District Attorney and there was no completion of the investigation during the due process of the police report investigation.” Defendants' Gill and West demur to this single cause of action, arguing plaintiff's claims should be dismissed because (1) plaintiff's sole cause of action for “gene...

Excerpt: ...n Lind who was a member of TPPMC and who owned, at the time of his death, exclusive rights to a single -family dwelling (“allotment”) located in Paradise Park. This was a dispute over that interest. TPPMC and defendant Holt asserted Holt was the proper successor owner of the Lind allotment. The court conducted a two -day trial and judgment was entered for defendants. TPPMC moves for attorneys' fees on the grounds that its bylaws and the statu...

Excerpt: ...ly 2020 to late August 2023. There are four separate classes defined in the FAC: overtime class, restitution class, wage statement class, and final wages class. Defendant Nordic Naturals filed a cross -complaint against ADP, LLC on May 23, 2024, for equitable indemnity, negligence, and declaratory relief. Nordic Naturals alleges starting in 2019 it retained ADP to process its payroll. Nordic Naturals asserts it relied upon ADP's representations t...

Excerpt: ...the case in Santa Clara County; following County's unopposed motion to transfer, the matter was transferred to this court on 8/14/24. Williams' complaint alleges that on 11/19/20, a Santa Cruz County Sheriff's deputy fabricated a report implicating him in a grand theft. Plaintiff does not describe any other incident dates and his tort claim only describes a false arrest and false reporting on 11/19/20. Williams filed 52 pages of supplemental decl...

Excerpt: ...rence with business expectancy; (2) negligent interference with business expectancy; (3) violation of Business and Professions Code section 17200 – unlawful (against CADA only); (4) violation of Business and Professions Code section 17200 – fairness (against CADA only); (5) breach of express contract (against CADA only); (6) breach of the covenant of good faith and fair dealing (against CADA only); (7) intentional infliction of emotional dist...

Excerpt: ...��), breach of contract, and fraudulent concealment after staying at a hotel owned by defendant (Sea & Sand Inn, 201 W. Cliff Drive, Santa Cruz) in October 2023 which she says was infested with bed bugs. Defendant demurs to the third, fourth and fifth causes of action on the grounds they are based on vague and conclusory allegations. (CCP § 430.10(e).) Those causes of action are IIED, breach of contract, and fraudulent concealment. Defendant als...

Excerpt: ...f Barragan's vehicle. Plaintiffs allege defendant had consumed alcohol and was driving while under the influence. On August 21, 2024, plaintiff Barragan (“plaintiff”) was deposed. During the deposition, plaintiff was questioned concerning certain of her employment records, which defendant's counsel obtained via a subpoena from plaintiff's place of work, Driscoll's. At the deposition, plaintiff's counsel asserted she had not received notice of...

Excerpt: ...the adjoining parcels designated as APN 10302212, 10302213, 10302214, 10302215, and 10302216 (collectively, the “Property”), including on the existing road through the Property (the “Soquel Redwoods Road”), including but not limited to any further removal of rocks, soil, gravel, or other materials on the road, any further grading work or excavations, any further tree cutting, any further widening of the road, any paving of the road, or an...

Excerpt: ...r the influence investigation. (AR008.) Petitioner did not perform the field sobriety tests satisfactorily, and he was placed under arrest for violation of Vehicle Code section 23152, subdivision (a). Petitioner declined a preliminary alcohol screening test. (AR006.) Petitioner's driver's license was suspended/revoked, and he was advised of his appeal rights. (AR010 - 11.) Petitioner submitted to a blood draw to test his blood alcohol level, and ...

Excerpt: ...fs that each of them could establish a US subsidiary, make a capital investment, and the parcel could eventually be developed into a residential community. Li allegedly told plaintiffs their investment would enable the Chinese subsidiaries to create jobs and thus, the principals of the subsidiaries would qualify to apply for L-1 visas and eventually obtain Green Cards. (SAC at ¶¶ 28 - 29.) The principals established subsidiaries in the US and m...

Excerpt: ...fs that each of them could establish a US subsidiary, make a capital investment, and the parcel could eventually be developed into a residential community. Li allegedly told plaintiffs their investment would enable the Chinese subsidiaries to create jobs and thus, the principals of the subsidiaries would qualify to apply for L-1 visas and eventually obtain Green Cards. (SAC at ¶¶ 28 - 29.) The principals established subsidiaries in the US and m...

Excerpt: ... of their claims and remedies. Plaintiffs assert there is no trial date; defendants have not propounded any discovery; and plaintiffs do not believe defendants will be prejudiced. The motion is supported by a declaration from counsel Woody Wu, who attaches a copy of the proposed TAC as well as a redline version of the changes from the SAC to the proposed TAC. “Motions for leave to amend the pleadings are directed in the sound discretion of the ...

Excerpt: ...d. • 7/29/24 - default entered. • 9/30/24 – defendant files motion to set aside default. II. MOTION TO SET ASIDE DEFAULT AND OPPOSITION Defendant Kristen Rush moves the court for an order setting aside the default taken against her pursuant Code of Civil Procedure section 473, subdivision (b). She seeks discretionary relief based on her contention that she was not personally served with the summons and complaint and did not receive notice b...

Excerpt: ...e that sagged over Hwy 1. Plaintiff's theory was that a tree on Desmidt's or others' property fell, causing the cable to sag across Hwy 1, resulting in his significant injuries. As the action progressed, several parties were brought in based on their control of the tree, including County Service Area (“CSA”) 43 Bonita Encino. It now moves to amend its answer to include affirmative defenses of public entity immunity. It also moves concurrently...

Excerpt: ...ed pleading within 30 days of the hearing. I. BACKGROUND This case relates to a dispute about temporary and other crossings over “Creek 69” or “Tricking Creek” (“creek”), and the Bear Creek Canyon Road Association's (“Association”) and other neighbors' use of those crossings, with and without legal authority or permission. Plaintiff owns property in Boulder Creek that straddles the creek and incorporates a creek crossing. At issue...

Excerpt: ...ence with easement; and (4) tortious interference with business relationship. This case relates to the parties' dispute over an access and utility easement over defendants' parcel appurtenant to plaintiffs' two parcels on 30th Avenue in Live Oak (“parcels 56 and 57”). Plaintiffs' property is a flag lot (a piece of land behind another, accessed by a long narrow portion (resembling a flag pole)) and contains two adjacent parcels in which they a...

Excerpt: ...plaintiff and the various attorneys that have been affiliated with this case – and some who are not in any way involved (County Counsel, First American Title) – seek to mislead the court about the nature of 2076 Green Valley Road and defendants' alleged interest in it and have filed frivolous pleadings. I. BACKGROUND: Plaintiff Jerome Dodson sued defendants in his efforts to quiet title to an easement he allegedly owns but which defendants di...

Excerpt: ...ts and the truth of any matter specified in the request be deemed admitted, as well as for monetary sanctions. Code of Civil Procedure section 2033.280, subdivision (c) requires the court to make this order “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It...

Excerpt: ...reditor's claim is not timely filed. When a demurrer is sustained, a plaintiff must be allowed to amend only if there is a reasonable possibility that the defects can be cured by amendment. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Here, there is no way for plaintiffs to amend the complaint to allege that timely creditor's claims were filed or to allege that they were granted leave to file late creditor's claims. Defendant's Request for Judici...

Excerpt: ...reditor's claim is not timely filed. When a demurrer is sustained, a plaintiff must be allowed to amend only if there is a reasonable possibility that the defects can be cured by amendment. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Here, there is no way for plaintiffs to amend the complaint to allege that timely creditor's claims were filed or to allege that they were granted leave to file late creditor's claims. Defendant's Request for Judici...

Excerpt: ...ff began working at Pacific Inn, owned by Kashi Ji, LLC, in March 2020, and was thereafter employed by the County as an extra help Clerk III assisting with COVID disaster - related shelters from 5/9/20 to 8/30/20. During that time, the County operated the Pacific Inn as a Plaintiff seeks to quash or limit a subpoena for her employment records. On 6/21/24, defendant issued two deposition subpoenas to plaintiff's former employer, County of Santa Cr...

Excerpt: ...alue of the professional services rendered in his or her court. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 255, disapproved on other grounds by Hernandez v. Restoration Hardware, Inc. (2018) 4 Cal.5th 260, 270.) “In determining what constitutes a reasonable attorney fee when a contract or statute provides for such an award, courts should consider the nature of the litigation, its difficulty, the amount involved, and the skill r...

Excerpt: ...ave to amend on April 9, 2024. The FAC alleges “two counts” against defendants the Pandeys (“the Pandeys”), Genevea Lawless, and David Lyng and Associates dba David Lyng Real Estate (“the Lyng defendants”). The first count is fraudulent nondisclosure, and the second count is intentional misrepresentation. Plaintiffs assert they entered a real estate transaction with the Pandeys for the purchase of the Pandeys' residential property on ...

Excerpt: ...on of Documents (RPD), nos. 10, 13, 15, and 17. Plaintiff seeks $2,460 in sanctions for defendant's refusal to appear or provide dates for the PMK deposition on the grounds of misuse of the discovery process. On 3/4/24, plaintiff served RPD, form interrogatories, and the PMK deposition notice, setting that deposition on 4/26/24. (Magana Declaration, Ex. 3.) Responses were due by 4/5/24, but defense counsel requested an extension to 4/26/24 (plain...

Excerpt: ...ion”). Petitioners assert that the Regents did not comply with CEQA regulations when it approved the 2023 change in funding since that decision was a “reapproval” of the 2021 SHW Project which required further environmental review. They further argue Regents are in violation of the parties' 2008 Comprehensive Settlement Agreement (“CSA”). Petitioners seek a writ of mandate directing the Regents to vacate the 2023 Funding Decision and pr...

Excerpt: ...nded pleading within 21 days of the hearing. I. DEMURRER Defendants demur to the first, second, sixth, seventh and eighth causes of action on the grounds they fail to plead sufficient facts and are fatally uncertain. Those causes of action are: (1) breach of contract and the covenant of good faith and fair dealing; (2) promise without intent to perform; (6) promissory estoppel; (7) unfair debt collection practices; and (8) theft/receipt of stolen...

Excerpt: ... addition to his criminal charges, plaintiff was facing a civil action brought by his HOA. (FAC ¶¶ 18 -20.) According to the allegations in the FAC, from January 2018 to August 2020, plaintiff was unable to manage his financial affairs, unable to contract with knowledge or understanding, and susceptible to financial abuse. Between April 2019 and November 2019, plaintiff was declared incompetent to stand trial for certain criminal offenses. Duri...

Excerpt: ...nd the 5 -year period, or expressly waive defendant's right to seek dismissal under CCP § 583.310. (See General Ins. Co. of America v. Sup.Ct. (1975) 15 Cal.3d 449, 455; Munoz v. City of Tracy (2015) 238 Cal.App.4th 354, 361 -362 [since parties stipulated to continue trial to date beyond 5 -year deadline, express reference to the statute, or to five -year period, unnecessary]; Nunn v. JPMorgan Chase Bank, N.A. (2021) 64 Cal.App.5th 346, 356 -357...