Excerpt: ...at County's drainage system for Skyview Terrace Drive altered the natural drainage system by diverting waters from two County roads through a single culvert located on Plaintiffs' property and two other parcels. This created erosion gullies that without stabilization, would eventually result in a large gully running underneath Plaintiffs' family home and render it uninhabitable. Plaintiffs' Complaint alleges causes of action for inverse, private ...

Excerpt: ...e Lynne A. Bui Living Trust. Ms. Bui is trustee of the trust. The complaint alleges on or about May 17, 2021, Plaintiff Santa Cruz County Bank (SCC8) and Bui, with the Bui Trust as guarantor, entered into a lender-borrower relationship. SCCB and Bui signed and executed a promissory note where SCC8 contracted to lend $1,000,000 to Bui. (Promissory Note is attached as Ex. A.) In connecton with the Note, the Bui Trust executed a commercial guaranty ...

Excerpt: ... hours reasonably expended multiplied by the reasonable hourly rate prevailing in the community for similar work. The lodestar amount may be adjusted by such factors as the moving party's attorney's experience and abilities, and the novelty and difficulty of the issues involved in the motion." (ld. at S 7:1139.) "The lodestar determination also requires the trial court to determine the reasonable hourly rate of each attorney claiming fees." (Pear...

Excerpt: ...15.50, a summons may be served by publication if upon affidavit it appears to the satisfaction of the Court that: (1) the party to be served cannot with reasonable diligence be served in another manner; and (2) a cause of action exists against the party upon whom service is to be made orthe party to be served has an interest in property that is subject to the jurisdiction of the court or the relief demanded in the action would exclude the party f...

Excerpt: ...irer and supervisor. (FAC 6-10, 13, 24-34, 36-40, 62) Generally, a person has no legal duty to protect others from the conduct of third parties. Brown v. USA Taekwondo (2021) 11 Cal.5th 204, 214. But this general rule is "not absolute," and courts have recognized a number of exceptions. ld. at 215. Relevant here, "[iln a case involving harm caused by a third party, a person may have an affrmative duty to protect the victim of another's harm if th...

Excerpt: ...On November 22, 2023, the Selifonovs filed a verified first amended cross-complaint against Huber/sutliff for quiet title, private nuisance, trespass, dec relief, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence and assault. On January 30, 2023, Huber/ Sutliff filed Answer to First Amended Cross-complaint. Then, on April 20, 2023 new defense counsel associated into the case for Huber/sutliff. On...

Excerpt: ...argo) alleges defendant Nick Jakubowski (Jakubowski) applied for and received a credit card and incurred charges but failed to repay an owed amount of $8,886.64. We Is Fargo's form complaint, filed on October 2, 2022, alleges breach of written contract, breach of contact (implied in fact), common counts for money lent and money paid, common counts- open book account for money due and account stated. On October 26, 2022 Jakubowski filed an answer ...

Excerpt: ...n Reply, Plaintiff seeks $11,153) Defendant AMH opposes the motion on the grounds that Plaintiff failed to meet and confer, Plaintiff fails to establish good cause for further responses, and Defendant's responses and productions are code compliant. Defendant also seeks sanctions of $9,630 against both Plaintiff and her counsel for discovery misuse. The parties' papers establish the following: 4/14/23 Plaintiff serves RPD Sets One, Three on AMH (Z...

Excerpt: ...d Plaintiff that it would not release the records without a court order, and that it would not oppose any effort by Plaintiff seeking such an order. The subpæna seeks "[a]ny and all documents including, but not limited to, the complete investigation and/or police file, all reports, investigative reports, photographs, videos, surveillance closed circuit (CCTV) surveillance footage, written witness statements, detective reports and/or detective in...

Excerpt: ... modification, or reversal of existing law. ' In either case, to obtain sanctions, the moving party must show the party's conduct in asserting the claim was objectively unreasonable. A claim is objectively unreasonable if any reasonable attorney would agree that it is totally and completely without merit." Bucur v. Ahmad (2016) 244 Cal.App.4th 175, 189. (CCP 128.7 sanctions properly imposed where it was obvious that plaintiffs' claims were barred...

Excerpt: ...n re: Compliance with Meet and Confer Requirement. The same meet and confer process for filing a demurrer or a motion to strike must be followed before filing a motion for judgment on the pleadings under Code of Civil Procedure S 438. (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) S 7:309; Code of Civil Procedure S 439.) Before a statutory motion for judgment on the pleadings, moving party's counsel must meet and confer, in p...

Excerpt: ...conomic loss rule. a) The Economic Loss Rule may not bar Plaintiff's tort claims Economic loss consists of damages for inadequate value, costs of repair and replacement of the defective product or consequent loss of profits without any claim of personal injury or damages to other property. Robinson Helicopter Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988. An economic loss consists of damages for inadequate value, costs of repair, and replacement,...

Excerpt: ...ses the motion on the recent case of Randy's Trucking Inc. v. Superior Court of Kern County (2023) 91 Cal.App.5 th 818. Plaintiff contends the Court has broad power to reconsider a prior order on the basis of new or different law pursuant to Code of Civ. Pro. SIW8(a). Plaintiff asserts the new case, cited above, is controlling. In that case, a mental examination was set by defense counsel and plaintiff's counsel refused to permit the exam to go f...

Excerpt: ... (US Post Office) with a report that someone was trespassing and refusing to leave. Both reports indicate that the incident was handled at the scene. It does not appear that anyone was arrested or detained. No suspects' names or descriptions are listed in the Disclosure forms. (Ex. A to Petition) LAW AND MOTION TENTATIVE RULINGS DATE: SEPTEMBER 11, 2023 TIME: 8:30 A.M. Page 6 of 10 Petitioner claims that he suffered a bodily injury as a direct re...

Excerpt: ... materials for repairs to the greenhouse. (Points & Authorities at pg. 3.) Mr. Morales is a handyman who performed work for Ricardo Yerena, a former owner of Innovative. Mr. Yerena had access to Mr. Morales's insurance information as well as his handyman license number. Mr. Yerena provided this information to Front Range and represented Mr. Morales would perform the work. Mr. Morales provided a labor quote but decided not to perform the work at t...

Excerpt: ... filed by Iron Bridge Mortgage and Gerard Stascausky against Alvarez for fraud, and violations of 8 &P S 17200. On April 21, 2023, a First Amended Complaint was filed by Plaintiffs, alleging fraud, declaratory relief, accounting, quiet title, unfair business practices, breach of fiduciary duty, negligence. The FAC seeks, in addition to general damages, $50 million, punitive damages, and attornevs fees and costs. On May 17, 2023, Defendants filed ...

Excerpt: ...a complaint for negligence, negligence per se, trespass, conversion, tortious interference with contractual relations, and injunctive relief based on the allegation the County has been incorrectly testing for THC in commercial hemp crops since 2019. This resulted in Plaintiff's loss of 15 acres of commercial hemp. (Complaint '12) Following Defendants' motion for summary judgment/adjudication, the only remaining causes of action are negligence and...

Excerpt: ... 16, 2023 which did not raise any affrmative defenses. Motion Before the Court is a statutory motion for judgment on the pleadings, filed by the Plaintiff. The proof of service indicates Defendant was served with the motion. No opposition has been filed. Pursuant to Cade of Civil Procedure S 438(c)(1)(A), a motion for judgment on the pleadings brought by the plaintiff can only be granted if (1) the complaint states facts sufficient to constitute ...

Excerpt: ...e pleadings are drawn in violation of a law, rule or court order. Code of Civ. Proc. S 436. A motion to strike, like a demurrer, is confined to the pleadings and matters judicially noticed. Motions to strike must be filed "within the time allowed to respond to a pleading, e.g., 30 days from service of the complaint unless extended by order of the court. CCP The motion is untimely since it was filed well beyond the time to file any responsive plea...

Excerpt: ... Motions to Strike bought by all Cross-Defendants and a Demurrer brought by the Goldsmith Cross-Defendants. As explained below, the Court overrules the demurrer. The ant-SLAPP motons are granted in part and denied in part. CROSS-DEFENDANTS GOLDSMITH & HULL, A. P.C'S DEMURRER LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 31, 2023 TIME: 8:30 A.M. Page 5 of 19 The Goldsmith Cross-Defendants demurrer is overruled. The Goldsmith Cross-Defendants asser...

Excerpt: ... Plaintiff SCC8 and Bui, with the Bui Trust as guarantor, entered into a lender-borrower relationship. SCCB and Bui signed and executed a promissory note where SCCB contracted to lend $1,000,000 to Bui. (Promissory Note is attached as Ex. A.) In connection with the Note, the Bui Trust executed a commercial guaranty (attached as Ex. B.) The Note matured by its own terms on May 17, 2022. The terms of the various agreement provide Defendant will pay...

Excerpt: ... (US Post Office) with a report that someone was trespassing and refusing to leave. Both reports indicate that the incident was handled at the scene. It does not appear that anyone was arrested or detained. No suspects' names or descriptions are listed in the Disclosure forms. (Ex. A to Petition) Petitioner claims that he suffered a bodily injury as a direct result of the alleged illegal use of police powers that were designed and calculated to i...

Excerpt: ...(a foster family agency) which ran a service called Homes for Kids. Defendant Seneca Family Services merged with Above the Line in 2016. Plaintiff as placed in a foster home and asserts she was sexually abused. Specifically, Plaintiff contends she often visited the home of her foster's mother's sister, Angelique Millhouse. While at this home, Plaintiff contends she was groomed by her adult sons and sexually abused by them. , including Julian Rand...

Excerpt: ...a commercial cannabis cultivation enterprise without a license and gave notce of $7,500 in administrative penalties. Petitioner appealed to the County's administrative hearing officer, who after several days of testimony, found in favor of County, upheld the citation, and ordered him to pay $5,000 in civil penalties. Petitioner appealed that ruling pursuant to Gov. Code S 53069.4(b)(1). Following a review of the local agency file, the Court found...

Excerpt: ...the trial court. Continental Baking Co. v. Katz (1958) 68 Cal.2d 512, 527. A reviewing court will not reverse that decision except for an abuse of discretion. People v. Black's Food Store (1940) 16 Cal.2d 59, 61. The purpose of the injunction is to preserve the status quo pending litigation on the merits. The burden of proof is on the moving party to show the elements necessary to support the issuance of a preliminary injunction. Weil & Brown, Ci...

Excerpt: ...erty (Ret.). The award, issued 5/23/23, requires Respondents to pay Petitioners $252,581.56 in damages and attorneys' and costs. Petitioners move to confirm the award pursuant to CCP #1285, 1287.4. Respondents oppose the petition and ask this Court to vacate the award. argue the arbitrator exceeded his authority by finding that Petitioners failed to establish any claim on grounds of fraud, yet determined they were prevailing parties, and he ignor...

Excerpt: ...to the deadlines for filing a motion to augment the record, and filing the opposition to such a motion. Nevertheless, the Court will consider the parties' positions and arguments in their respective (albeit untimely) pleadings, and rule on the merits. DISCUSSION Standards for augmentation of an administrative record Petitioners are challenging actions taken by the Regents in publicly noticed hearings. (See Petition, parag. 34). Where, as here, a ...

Excerpt: ...f is stated, that aspect of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory." Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. To survive a demurrer, the complaint need only alleg...

Excerpt: ...GUST 21, 2023 TIME: 8:30 A.M. Page 2 of 2 The discovery burden is undue only if the inconvenience and expense of responding clearly outweigh the benefits likely obtained if the discovery is answered. ld. at 58:1008.1. The objecting party must supply evidence to support its claim of undue or excessive burden, showing the quantum of work required. Absent such evidence, the court has nothing "upon which to base a comparative judgment that any respon...

Excerpt: ...evs fees is denied. l. Factual and Procedural Background Petitioners own property located on Pleasure Point Drive, in unincorporated Santa Cruz County. On September 8, 2004, the California Coastal Commission (hereinafter "CCC") granted Petitioners a Coastal Development Permit (hereinafter "CDP".) The permit noted the development was within the coastal zone. (AROOOOI).I A CDP extension was granted to Petitioners until September 8, 2007. (AR000070)...

Excerpt: ...sanctions are also imposed against Defendant in the amount of $2,160.00, payable to Plaintiff within 14 days of the hearing. Plaintiff's Request for Judicial Notice: 1. Plaintiff's Complaint in this action, filed 2/22/23: Granted 2. Defendant's Answer, filed 3/27/23: Granted DEFENDANT'S MOTION TO RECLASSIFY ACTION AS LIM TED JURISDICTION CASE The motion is denied. "Amount in controversy" means the amount of the demand, recovery sought, value of t...

Excerpt: ...rtious interference with contractual relations, and injunctive relief based on the allegation the County has been incorrectly testing for THC in commercial hemp crops since 2019. This resulted in Plaintiff's loss of 15 acres of commercial hemp. (Complaint '12) Defendants move for summary judgment and/or summary adjudication of all five causes of action and the demand for injunctive relief. Prior to the hearing on this matter, Plaintiff dismissed ...

Excerpt: ...e Receiver William Rahal is hereby discharged and the case shall be dismissed. However, the Court shall retain any jurisdiction to hear claims related to this Receivership pursuant to Cal. Code of Civ. Procedure S 664. As to the issue of attorneys' fees and costs, Special Counsel seeks $159,496.62 in reimbursement since May 1, 2020. ($156,496 in unpaid attorneys' fees and $2,801.62 in costs.) According to the 224 pages of billing records, this am...

Excerpt: ...ed. l. FACTUAL BACKGROUND At the time he was fired in 2021, Plaintiff David Ball was a police sergeant and had worked at the Scotts Valley Police Department ("SVPD") in various positions and assignments for 26 years. His termination was based upon the following violations of City policy: discrimination; sexual harassment; supervisor responsibilities; ethics; relationships; performance; and conduct. City alleged and was successful in demonstrating...

Excerpt: ...Ramos and Damus Rodriguez. Plaintiff's Complaint alleged 13 separate causes of action, but proceeded to trial on seven: six related to failure to pay wages (counts 1, 2, 3, 4, 5, and 13) and one for personal injury (count 8). The verdict found for Plaintiff in the amount of $14,860 in unpaid wages, $15,600 for lost earnings related to her personal injury claim, $25,000 for past noneconomic harm and $0 for future noneconomic harm. The Court accept...

Excerpt: ...AW AND MOTION TENTATIVE RULINGS DATE: AUGUST 4, 2023 TIME: 8:30 A.M. Page 13 of 24 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT As explained below, Defendants Central California Alliance for Health ("Alliance"), Brenda Hill, Linda Forbes, and Heather Perko's motion for summary judgment as to liability is granted. Plaintiff has failed to meet her burden of production of admissible evidence setting forth specific facts showing a triable issue of materia...

Excerpt: ...es (hereinafter "Cazareses" own land where an acc:ident occurred involving Plaintiff. On July 1, 2017, the Cazareses leased a portion of their land to Faith and Family Farms ("FFF"). (UMF #14) This land included three greenhouses, one of which is the location of the subject accident. (UMF #14-15). FFF entered -nto a written consulting agreement with Long's Peak Ag, dated August 1, 2019. Longs Peak was perm-tted to occupy Greenhouse #2 and half of...

Excerpt: ... by the evidence. For example, most of the requests for admission that were deemed admitted on emotional distress establish that Plaintiff's distress is primarily due to events of the litigation. (SMF Nos. 15, 26-38, 45-52.) Plaintiff is not entitled to relief for emotional distress caused by the litigation process. Civil Code 547(2); Bergstein v. Stroock & Stroock & Lavan LLP (2015) 236 cal.App.4th 793, 814; Silberg v. Anderson (1990) 50 cal.3d ...

Excerpt: ...s accepts as true the factual allegations that the plaintiff makes. In addition, it gives them a liberal construction. Eckler v. Neutragena Corp. (2015) 238 Cal.App.4th 433, 439; Gerawan Farming, Inc. v. Lyons (2000) 24 cal.4th 468, 515-515. Although Code Civ. Proc. S 438 does not state that the failure to join an indispensable party may be a basis for a motion for judgment on the pleadings, "the objection that an indispensable party has been omi...

Excerpt: ...ng on Petitioner's prior motions, the Court gave her clear instructions on what was necessary in order to comply with these Rules and conditioned any future motion on "full" compliance. In its January 24, 2023 Order denying Petitioner's last motion for leave to amend, the Court warned Petitioner that because of the delay caused by her continued failure to adhere to procedural rules, "any future non-conforming amendment will result in a denial of ...

Excerpt: ...r conditional release in 2019 by the State Department of State Hospitals. Santa Cruz County was determined to be Cheek's domicile of residence. (People v. sup. ct. (Cheek) (2023) 87 cal. App. 5th 373, 376-377.) Plaintiffs in this case are twenty-two homeowners in Bonny Doon, California who brought this action on December 30, 2020 against Kassandra Hinton Ross who owns the property located at 310 Wild Iris Lane, where it was proposed Cheek be plac...

Excerpt: ...ge. (FAC '1 7) Further, without authority establishing that Plaintiffs need allege that their claims have not been litigated to finality, District's final argument is unpersuasive. Plaintiffs' initial complaint was filed on 12/29/22 within the operative limitations period. SANTA CRUZ CITY SCHOOLS' DEMURRER The demurrer is overruled. A. General overview of revival statute AB 218 amended CCP S 340.1 to create a three-year "lookback window," which r...

Excerpt: ...s accepts as true the factual allegations that the plaintiff makes. In addition, it gives them a liberal construction. Eckler v. Neutragena Corp. (2015) 238 Cal.App.4th 433, 439; Gerawan Farming, Inc. v. Lyons (2000) 24 cal.4th 468, 515-515. Although Code Civ. Proc. S 438 does not state that the failure to join an indispensable party may be a basis for a motion for judgment on the pleadings, "the objection that an indispensable party has been omi...

Excerpt: ...at determina
Ÿon, 'the trial court acts as the trier of fact, determining whether the par
Ÿes entered into a valid and binding se
©lement. [Cita
Ÿon.] . . .'" Osumi v. Su
©on (2007) 151 Cal.App.4th 1355, 1360; In re Marriage of Assemi (1994) 7 Cal.4th 896, 905 [trial court must "resolve [the] disputed issues and ul
Ÿmately determine whether the par
Ÿes reached a binding mutual accord as to the material terms"]. "The trial court's factual Ã...

Excerpt: ..., and declaratory relief. Specifically, the allegations were that Defendant executed and delivered to Plaintiff a commercial loan agreement in the amount of $150,000. Defendant was to pay the amount on or before October 2, 2018. The amount was not paid. On October 15, 2019, default judgment was entered against Judgment Debtor Mejorado by the court in the amount of $256,755. On November 4, 2021 Judgment Creditor filed a motion for orderto charge M...

Excerpt: ...$690ßn Alyssa Gill $460,cm Stephen Whitmire $1,684,167.82 Torrey Whitmire $230ßn LAW AND MOTION TENTATIVE RULINGS DATE: JULY 20, 2023 TIME: 8:30 A.M. Page 2 of 5 Defendant Caltrans seeks relief from this Court in the form of a motion for judgment notwthstanding the verdict and Defendant Hildebrand and Sons Trucking seeks to tax costs presented by the Gill Plaintiffs. In ruling on these motions, the Court heard the evidence presented at trial, r...

Excerpt: ...ND FOR SANCTIONS LAW AND MOTION TENTATIVE RULINGS DATE: JULY 19, 2023 TIME: 8:30 A.M. Page 2 of 3 PLAINTIFF KHOREV'S MOTION TO COMPEL RESPONSES FROM DEFENDANT WELLS TO FORM INTERROGATORIES AND FOR SANCTIONS Khorev's motions against these four defendants are denied. Based on the hundreds of requests and the hundreds of pages of moving and oppositions papers (over 440 pages in Separate Statements alone, not counting the opposing Separate Statements...

Excerpt: ...ndisputed facts and Plaintiffs offer no contrary evidence to establish any disputed material fact. This is an action for personal injuries susta-ned by Plaintiffs after Defendant's employee allegedly intentionally kicked Plaintiff Robert Arias while he and his wife were shopping. Plaintiffs brought claims for premises liability, general negligence, loss of consortium, and injuries pursuant to Dillon v. Legg. Plaintiff Sheila Arias claims to have ...

Excerpt: ...e allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1215, 1228.) "A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, st...

Excerpt: ...ncertainty can be sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) LAW AND MOTION TENTATIVE RULINGS DATE: JULY 13, 2023 TIME: 8:30 A.M. Page 6 of 8 "A demurrer for uncertainty will be susta-ned only where the complaint is so bad that defendant cannot reasonably respond, i.e„ he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her." Weil &...

Excerpt: ...er or judgment, as defined in the statutes and develo#d by the case law.. " City of Gardena v. Rikuo Corp. (2011) 192 Cal.App.4th 595, 601, quoting Lavine v. Jessup (1957) 43 Cal.2d 511,513). Under section CCP section 940.1 (a)(l), with some exceptions, an ap#al may be taken from "a judgment, except (A) an interlocutory judgment... ." This is the "one final judgment rule," under which an appeal may ordinarily be taken only from a final judgment. ...

Excerpt: ...foreclosure. On 12/10/04 there was a real estate transacton involving the subject property which Plaintiff alleges resulted in him losing his community property interest in the property. Or-ginally, when they purchased the property in 1998, the property's grant deed was in the name of his wife but he alleges it was a community asset and paid for with community funds. Defendant ZBS alleges that the deed was executed by Plaintiff's wife, Kimberly C...

Excerpt: ...d, Defendant was granted a further extension and responses were due on November 7, 2022. Plaintiff served unverified responses on November 7, 2022. Additional extensions were requested and granted. (Exs. A, B Declaration of Martino) April 14, 2023 was the date of the last extension granted to Plaintiff. (Dec. of Martino at 6.) CSAA then filed this motion on May 11, 2023 when no supplemental responses were served. On June 23, 2023, Plaintiff serve...

Excerpt: ... 5, 2023 TIME: 8:30 A.M. Page 3 of 6 discretion but not the obligaton to stay the state court action . In exercising its discretion, the court should consider the importance of discouraging multiple litigation designed solely to harass an adverse party, and of avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction b...

Excerpt: ...plication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The Notice of Entry of Order on the underlying motion was served by regular and electronic mail on Angeles Contractor on 12/9/23. Therefore, any motion by Angeles Contractor to reconsider the Court's order must have been filed by 12/19/22. The motion was untimely filed on 12/28/22. Even when a motion for reconsideratio...

Excerpt: ...ff Ferguson's initial complaint, served on Arborworks on 3/18/22, included claims for premises liability, peculiar risk, dangerous condition of public property, and negligence, and articulated all the facts related to his personal injuries against the State, County and Arborworks. While Ferguson agreed to amend his complaint to allege more specific statutory violations against State at State's urging (see Ferguson's Memorandum in Support of Mohon...

Excerpt: ...(2009) 45 Cal.4th 992, 998; Cundiff v. GTE Cal. , Inc. 101 Cal.App.4th 1395, 1405. Ifthe complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations...

Excerpt: ... A.M. Page 2 of 6 Based on the judicially noticed documents herein, this demurrer is sustained without leave to amend and the case is dismissed based on res judicata. Plaintiff's Complaint also fails to comply with California Rules of Court, Rules 2.108, 2.109, 2.110 [lack of line numbers, page numbers, and footers]. Considering Plaintiff's extensive history of initiating self-represented legal proceedings, she is aware of court requirements for ...

Excerpt: ...o Title Ins. co. (1999) 70 cal.App.4th 1047, 1063. Further, Plaintiffs argue without legal authority that since subdivision (c) of Emergency rule 9 (Cal. Rules of Court, Appx.), the sunset provision, was adopted after their cause of action accrued, they then get a benefit of the Covid-19 emergency tolling period. They do not indicate when their statute would have run under their theory. This is likely because it is impossible to do; their cause o...

Excerpt: ...laintiff's property (apparently related to the previous lawsuit) which caused Plaintiff's attempt to sell his property and purchase anotherto fall through. (SAC "1 66-85) Where the complaint prevents a party from reasonably determining what issues must be admitted or denied, or what counts are alleged against it, a demurrer for uncertainty can be sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) Where several claims ar...

Excerpt: ...right of petition or free speech in connection with a public issue." Where a cause of action is "mixed," and is based on both protected and non- protected activity, the entire cause of action may be stricken under 5425.16 if the principal thrust or gravamen of the claim is protected activity. Ifthe court determines that the moving party has made this threshold showing, the burden shifts to the other partyto demonstrate a probability of prevailing...

Excerpt: ...plication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The Notice of Entry of Order on the underlying motion was served by regular and electronic mail on Angeles Contractor on 12/9/23. Therefore, any motion by Angeles Contractor to reconsider the Court's order must have been filed by 12/19/22. The motion was untimely filed on 12/28/22. Even when a motion for reconsideratio...

Excerpt: ...ncy of a pleading "by raising questions of aw." (Postley v. Harvey (1984) 153 Cal.App.3d 280, 286.) 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.) The court has reviewed the demurrers, as well as the objections and replies. The court notes counsel for Plaintiff, in opposition, attached ...

Excerpt: ...er continued hearings and supplemental br-efing this Court granted Defendant's petition to compel arbitration as to John and Ann's claims for elder abuse, violation of patent's bill of rights and fraud; denied the petition as to Paul William's claim for wrongful death; and stayed the judicial proceedings, with Paul's claim to trail the arbitration in Superior Court. On 1/28/21, Plaintiffs stipulated to submitting the entre matter to arbitration b...

Excerpt: ...covery was served on 7/13/22. (Sinha Declaration, Exs. A and 8) Defendants served unverified and incomplete responses on 9/12/22. (Sinha Decl. Exs. C and D) Following meet and confer, Defendants served verified supplemental responses for all of the requests in dispute on 4/14/23. (Sinha Decl„ Exs. E, F, G) On 4/18/23, defense counsel Ms. Sinha inquired via email about the absence of the photographs and repair information related to the County's...

Excerpt: ...requires Respondent to pay Petitioners $266,276.02, orders specific performance of the purchase contract, requires Respondent to deposit a deed in escrow within 30 days of Petitioners' deposit of the purchase price in escrow, awards costs of suit of $29,287.52, and attorneys' fees of $105,023.50. Petitioners move to confirm the award pursuant to CCP #1285, 1287.4. Respondent moves to vacate the award. She has argued all along that she was fraudul...

Excerpt: ... The Second Amended Complaint is the operative complaint. While Figueroa is named, he has not been served nor is he active in the case. A demurrer brought by the LIC Regents was sustained without leave to amend as to the First and Second Causes of action in the Second Amended Complaint. The remaining Fifth cause of achon for negligent hiring, supervision, and retention, remains against the Regents and is the subject of this motion for summary jud...

Excerpt: ...ewed motion for transfer of venue back to Napa. Code of Civil Procedure section 397(c) grants the court discretionary povver to transfer a case to any other county "when the convenience of the witnesses and the ends of justice would be promoted by the change." It is only the convenience of the nonparty witnesses that is important. Absent extraordinary circumstances, the parties' convenience is not considered-even if they are to testify. (Weil & B...

Excerpt: ...and she could not have anticipated it to occur. Plaintiffs are the occupants of the vehicle Defendant collided with. They claim injuries as a result of the accident. Legal Authority Code Civ Proc S 1987.1 Order to quash, modify or limit (b)lf a subpæna requires the attendance of a witness orthe production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking ...

Excerpt: ...e papers submitted by the parties on Defendant's motions and will hear and consider counsels' arguments at the hearing on the motions. l. DEFENDANT'S MOTION FOR NEW TRIAL DEFENDANT'S GROUNDS FOR MOTION: A motion for new trial asks the trial court to reexamine one or more issues of fact or law after a trial and decision by judge or jury. Code Civ. Proc. SS 656, 557. The authority of a trial LAW AND MOTION TENTATIVE RULINGS DATE: MAY 26, 2023 TIME:...

Excerpt: ...vs reformed ordinance allowing more than one surf school at that location) but that he's been illegally prevented from obta-ning a City permit and licensing and retaliated against by City and its staff. Meyberg brings this suit against City, nine City employees, and one third party for a long list of claims. In October 2022, Meyberg's First Amended Complaint was challenged by demurrer to the first six causes of action and the Court ruled: 1. Reta...

Excerpt: ...MONT CDJR) is the dealer/servicer. Plaintiff contends that the car has electrical, engine, and transmission defects, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: 1. Vio ation of Civil Code 51793.2(d) (Song-Beverly Act) vs. FCA: failure to service the vehicle t...

Excerpt: ...sance, and trespass. The essential allegations involve the failure of a reta-ning wall in January 2017. Plaintiffs contend the wall failed due to action/inaction on the part of Defendants. On June 11, 2020, Defendants filed a motion for summary judgment. On July 30, 2020, Plaintiffs, after moving ex parte, filed a motion for leave to amend their complaint. Defendants this motion; however, the moton was granted. On August 17, 2020, Plaintiffs file...

Excerpt: ... signed by a party if it is signed by any of the following: 'l (1) The party. (2) An attorney who represents the party. 'l (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf." (Code of Civ. Pro. S 654.6, subd. (b).) The parties entered into a written Stipulation for Entry of Judgment Pending Performance. This document was signed by counsel for Plaintiff and Defendant (who at the ti...

Excerpt: ...is signed by a party if it is signed by any of the following: 'l (1) The party. (2) An attorney who represents the party. 'l (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf." (Code of Civ. Pro. S 654.6, subd. (b).) Plaintiff demonstrated the existence of an enforceable written settlement agreement between the parties entered into in August 2022. (Ex. A To Tapper Dec.) The partie...

Excerpt: ...imited liability company by purchasing for cash the membership interests owned by the members so initiating the proceeding, the 'moving parties,' at their fair market value." Section 17707.03(c) further provides: "Ifthe purchasing parties elect to purchase the membership interests owned by the moving parties, are unable to agree with the moving parties upon the fair market value of the membership interests, and give bond with sufficient security ...

Excerpt: ...d cause exists for the filing of a motion for summary judgment and/or adjudication because (1) testimonyfrom the first phase of the trial would be a defense to causes of action at issue in the phase two trial and (2) allowing the filing of motion for summary judgment and/or adjudication would further the goal of judicial economy. First, Plaintiffs did not provide authority for their argument that a second phase of a trial re-opens the time period...

Excerpt: ...MONT CDJR) is the dealer/servicer. Plaintiff contends that the car has electrical, engine, and transmission defects, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: 1. Vio ation of Civil Code 51793.2(d) (Song-Beverly Act) vs. FCA: failure to service the vehicle t...

Excerpt: ...d workmanship, particularly relating to the vehicle's battery. Plaintiff contacted GM and asked them to repurchase the vehicle and provide him with a replacement vehicle. GM agreed to LAW AND MOTION TENTATIVE RULINGS DATE: MAY 16, 2023 TIME: 8:30 A.M. Page 2 of 2 repurchase the vehicle but never provided a replacement vehicle, as promised. (Complaint at pars. 17-21.) In support of his claim for conversion, Plaintiff alleges he is the owner of and...

Excerpt: ... (1998) 68 Cal.App.4th 856, 860; Antelope Valley Groundwater Cases (2018) 30 Cal.App.5th 602, 615. The court is to consider six factors when ruling on a motion to disqualify counsel. Kirk v First American Title ins. co. (2010) 183 cal.App.4th 776.800, 807-808. These factors are: 1. A client's right to chosen counsel; 2. An attorney's interest in representing a client; 3. The financial burden on a client to replace disqualified counsel; 4. The pos...

Excerpt: ...2023, approximately seven months after the judgment was mailed to Defendants. Cal Code Civ Proc S 473.5 Relief from judgment where summons does not result in actual notice: (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judg...

Excerpt: ...he citation, and ordered him to pay $5,000 in civil penalties. Appellant appeals that ruling pursuant to Gov. Code S 53069.4(b)(1). MOTION TO VACATE HEARING DATE Appellant's motion to vacate the April 27 hearing date is denied. On 8/11/22, the Court reclassified this case as a limited civil case following County's motion to do so. Appellant moves the court to vacate the hearing date, set a case management conference and identify the case as a lim...

Excerpt: ...ORB. Paragraph T.2 clearly states the requirements for submitting a dispute to a DRB: "If at any time, any dispute shall arise between CONTRACTOR and SUBCONTRATOR it is agreed LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 27,2023 IME: 8:30 A.M. Page 2 of 9 that CONTRACTOR and SUBCONTRACTOR shall, as a condition precedent, meet and confer to discuss and attempt to resolve the dispute (the CONTRACTOR and SUBCONTRACTOR will be obligated to attend a "...

Excerpt: ... Janet Marshall, allege they had verbal rental agreements to live in separate units on Hawkins' Boulder Creek property. Latin says he lived there since September 2017 and Marshall lived there since 2013. They claim to LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 26, 2023 IME: 8:30 A.M. Page 2 of 9 have paid Hawkins $400 per month in cash. In 2019, immediately priorto Hawkins' death, Defendant Steve Kobold (Hawkins' nephew) moved onto the property...

Excerpt: ...he claims in the proposed cross-complaint arise from the same series of transactions between the parties, and thus the Court will grant the motion. (Code of Civ. Pro. S 426.50.) DEFENDANT RIZWAN AMANUDDIN'S MOTION FOR SUMMARY ADJUDICATION Defendant moves for summary adjudication as to the Plaintiffs' prayer for punitive damages. As explained below, Defendant's motion is denied. 1. Legal Standard Cal Civ Code S 3294 When permitted (a) In an action...

Excerpt: ...nt was for $33,519.55 and the date of contract was April 12, 2008. (Complaint at p. 14.) Attached to the complaint is "Non- Negotiable Credit Agreement" signed by the Nunns. (Complaint, Ex. A at p. 26.) Thereafter, the loan defaulted. Bank of America charged-off and sold the debtto SLS. SLS contends the contract between the Nunns and Bank of America is an installment contract and the four-year statute of limitations began to run against each inst...

Excerpt: ...en paid. (FAC 9107) Plaintiff claims those were false statements because this action was pending and Defendants still owed Plaintiff money for the retaining wall problems. Plaintiff further claims Defendants did not meet various notice and certification requirements for voluntary dissolution procedures. (FAC 9108) Plaintiff lacks standing to directly attack the dissolution process because she is not a shareholder. While she is certainly able to a...

Excerpt: ... 17-day trial related to Plaintiff's termination from employment as a custodian. Plaintiff moves for an award of attorneys' fees in the amount of $9,611,749 as a FEHA prevailing plaintiff. Government Code 512965(b). Defendant opposes the motion on the grounds that Plaintiff's counsels' rates are inflated, that fees should not be awarded for losing motions, overstaffng and block billing, that the multiplier figure is without sufficient basis, and ...

Excerpt: ...d to but denied the discovery. Doppes v. Bentley Motors, Inc. (2CG) 174 cal.App.4th 967, 991-992. section 2023.030 authorizes a trial court to impose monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctons against "anyone engaging in conduct that is a misuse of the discovery process." Doppes v. Bentley Motors, Inc., supra, 174 Cal.App.4th at 991. The trial court may impose a terminating sanction for discovery abuse after ...

Excerpt: ..., the court appointed Ms. Bey as the guardian ad litem for "LB". Ms. Bey and L.B. later substituted their current counsel as their counsel of record. Ms. Cosby has filed no pleadings or papers on her own behalf. l. The Controlling Provisions of the Government Tort Claims Act Government Code S 946.6(b)(1)-(3) specifically requires a petition for an order relieving petitioner from compliance with the claims presentation requirements of Gov. Code 59...

Excerpt: ...ng "General Provisions," states: The internal laws of the State of Colorado shall govern this Agreement. The parties further agree that the State Courts of Colorado shall have exclusive jurisdiction and venue to determine any disputes arising from or relating in any way to this Agreement or otherwise relating to the parties' relationship. Defendants Biffe, Fineman, Kuenne, Lareau, and Scaglione were employees of 20/20 in September 2015 and therea...

Excerpt: ... approximately six months in 2021-2022. She sues for various Labor Code wage and hour violations on her own behalf and as a class, and includes PAGA claims. Plaintiff states that she has been a California resident for four years, was hired by Defendant in Santa Cruz, California and during the onboarding process, was given several documents to sign. (Ortega Decl. 92) She was told to sign all the documents and did not have any opportunity to negoti...

Excerpt: ...adversely affecting that division." ] The court presiding over a marital dissolution action has jurisdiction to inquire into and render any judgment and make orders that are appropriate concerning the settlement of the property rights of the parties, including how those property rights may apply to properly joined third parties. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1452; Family Code S2021(a) ["...[T]he court may order that a person who clai...

Excerpt: ...ice. Calvert v. Binali (2018) 29 Cal.App.5th 954, 950. When the lack of jurisdiction appears on the face of the judgment roll, the effect is that the judgment is a nullity. ld. at 961. Neither tme (laches) or substantial compliance with the service by publication rules will suffce to resurrect a void judgment; a void judgment is subject to challenge at any tme and strict compliance with publication service rules is required. ld. at 963; Sanford v...

Excerpt: ...ings may be made at anytime either prior to the trial or at the trial itself." Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650. "The motion normally lies only for defects fully disclosed on the face of the pleading under attack or by matters of which judicial notice may be taken. Declarations or other extrinsic matters are improper." Weil & Brown Civil Procedure Before Trial (The Rutter Group 2022) 7•.322; code of Civil Procedure 5438. Respon...

Excerpt: ...'s Fees and Costs • Declaration of Rinat K. Erlich A prevailing defendant seeking fees and costs in connection with anti-SLAPP litigation has the burden of establishing "'entitlement to an award and documenting the appropriate hours expended and hourly rates.' To that end, the court may require [al defendant[] to produce records sufficient to prov-de ' "a proper basis for determining how much tme was spent on particular claims." ' The court als...

Excerpt: ...he adequacy of the responses. It is not clear from the moving papers whether the responses were verified. The court is under the impression they were verified as this issue was not raised in the motion. Defendant prov-des a separate statement as to the requests as issue (the request and the response). Defendant attaches a copy of the meet and confer efforts between the parties. The parties stipulated, in writing, the last day to file a motion to ...

Excerpt: ...W were introduced to him by the other defendants to handle his visa application, and they were the parties who organized GOLDEN STATE. The Complaint also identifies them as the parties who falsified visa applications, what the applications stated, when they were submitted, etc. (Complaint "26-27) HU alleges attorney WANG and the firm knew of the immigration and investment scheme perpetrated by the other defendants. (Complaint "22-30) He identifie...

Excerpt: ...erly joined. l. THE ALLEGATIONS OF THE FIRST AMENDED COMPLAINT Plaintiff Koghan lives on 1450 Glen Canyon Road. Defendants are "the owners and/or drivers in possession and control of certain motor vehicles driven in the recent past on Glen Canyon Road past Plaintiff's home and those of his neighbors at excessive speed and recklessness." (FAC '12). "At all times...each of the defendants was operating his or her own motor vehicle...or had authorize...

Excerpt: ... is based on a different liability theory than his government claim, he fails to plead dangerous condition of public property with adequate specificity, and fails to validly plead vicarious liability. 1. Naming the "State" is sufficient: State contends that Plaintiff failed to specify the proper state agency in his complaint. State cites to a case related to discovery of documents from nonparty state agencies to support this proposition. See Peop...