Excerpt: ... (CCP §§ 2023.010(a)(f).) Defendant shall serve further code - compliant responses, along with any privilege log, no later than May 9, 2025; sanctions shall also be paid by that date. Plaintiffs filed this case against defendant Paradise Landscape, Garrison Plumbing, Inc. and three persons, all hired to do significant landscaping and installation of a plumbed barbecue, outdoor shower, and other improvements at plaintiffs' home. Plaintiffs alleg...

Excerpt: ...es to strike portions of the third amended petition (“TAP”) for writ of mandate and complaint. Much like its previous motion, the Commission again moves to strike sections of the third and fourth causes of action for alleged violations of the California Public Records Act (“PRA”) and associated requests for relief. The Commission cites Code of Civil Procedure sections 435, subdivision (b)(1) and 436, subdivisions (a) and (b.)1 Portions re...

Excerpt: ... St. Augustine Avenue, Paradise Park. The PPMC board voted to terminate Laskey's membership and reclaim his allotment. The petition sought an order from the court, requiring 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 attor...

Excerpt: ...ontract. At the first demurrer hearing on 12/5/24, this court sustained defendant's earlier demurrer finding that the second cause of action – the same at issue here – was uncertain. The court agreed with defendant that plaintiffs' cause of action for breach of contract failed to adequately identify which defendant(s) were allegedly responsible for the harm and failed to describe how defendant In Level breached any contract causing harm. Plai...

Excerpt: ...aid rest period premiums, untimely paid wages (including final wages), failure to provide accurate wage statements, failure to reimburse business expenses, and unfair business practices. Plaintiff worked in an hourly non -exempt position for approximately one month in 2024. She onboarded with defendant on July 30, 2024, signing several documents including the arbitration agreement. (Landau Declaration ¶¶ 3 -4.) Defendant's Director of Operation...

Excerpt: ... and file a notice of motion to strike the whole or any part thereof....” (CCP § 435(b)(1).) “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.” (CCP § 436(a).) Regarding punitive damages under Civil Code § 3294: “(a) In an action for the breach of an obligation not arising from c...

Excerpt: ...s in common and their wives each have a community property interest in each respective half. John and Cathy live on the property. The complaint contains a long history of Chad and Justine bailing John and Cathy out of many financial hardships, which culminated in an agreement (memorialized in a December 28, 2017 deed) that Chad and John would own the property as joint tenants as their separate property; both wives executed spousal consents to joi...

Excerpt: ...laint includes causes of action for various violations of the Song -Beverly Consumer Warranty Act against defendant FCA, as well as negligent repair against Santa Cruz Chrysler Dodge Jeep Ram and fraudulent inducement – concealment against FCA. Defendant FCA brings a demurrer targeting the sixth cause of action only. It argues the complaint fails to state facts sufficient to establish fraud. Its motion to strike seeks to eliminate plaintiff's p...

Excerpt: ...o completion of the investigation during the due process of the police report investigation.” Defendants' demurred to the complaint and the Court sustained that demurrer with leave to amend, finding that the allegations failed to state a cause of action against either defendant. Plaintiff was permitted leave to amend. Plaintiff then filed a timely first amended complaint (“FAC”), asserting causes of action for “general negligence” and �...

Excerpt: ...heir appeal without permanent sealing of their motion to stay enforcement. They argue sealing the entire file is warranted to prevent long -time harm of public disclosure of their involvement in an unlawful detainer matter. If the Court will not seal the entire record, they argue that their motion to stay enforcement should be sealed due to its highly sensitive nature – it includes defendants' and their physicians' declarations regarding their ...

Excerpt: ... complaint includes causes of action for various violations of the Song -Beverly Consumer Warranty Act against defendant FCA, as well as negligent repair against Watsonville Chrysler Dodge Jeep Ram and fraudulent inducement – concealment against FCA. Defendant FCA brings a demurrer targeting the sixth cause of action only. It argues the complaint fails to state facts sufficient to establish fraud. Its motion to strike seeks to eliminate plainti...

Excerpt: ...o the discovery. In his response to these motions, defendant's counsel asserts his client is out of the country, so responding to discovery has been difficult and he attaches proposed responses to the requests for admissions, but they are not verified. “The party to whom the RFAs are directed must sign the response under oath. That party's attorney must also sign a response that contains an objection. If their response consists entirely of obje...

Excerpt: ...l Notice (“RJN”), Exhibit 1, “Prime Contract”.) Swinerton hired Granite Construction Company (“Granite”) as a subcontractor for demolition, earthwork and utility work. (Swinerton RJN, Ex. 2.) Granite sued Swinerton regarding alleged unpaid change orders under its subcontract with Swinerton, who thereafter cross -complained against the Regents for its failure to release retention retainage and review and approve change orders in a time...

Excerpt: ...his Ford F -150. “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable.” (Esparza v. Sand & Sea, Inc. (2016) 2 Cal.App.5th 781, 787.) The trial court decides whether there is an agreement to arbitrate between the parties...

Excerpt: ...een the parties and disclosure statement. Page 12 of this document, subdivision 31, outlines the dispute resolution program and arbitration agreement. “(a) Binding arbitration. You and Wells Fargo Bank, N.A. (the “Bank”) agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved by the following arbitration process. The foregoing notwithstanding, the Bank shall not initiate ...

Excerpt: ...intiffs' use of Highland Court for vehicular access to the rear portion of the property. The Court found plaintiffs failed to meet their burden to establish that they have an easement for right of way over and to Highland Court. Plaintiffs now move to strike or tax costs claimed by defendants. I. DISCUSSION Prevailing parties are entitled to recover certain categories of costs as a matter of right. (CCP §1032.) Certain items of costs are specifi...

Excerpt: ... incorporating five affirmative defenses. Plaintiff seeks summary judgment on all causes of action. Defendant did not oppose the motion. II. UNDISPUTED MATERIAL FACTS Defendant applied for and was issued a Wells Fargo credit card ending in 9279. (Plaintiff's Separate Statement of Undisputed Material Facts (“UMF”) 1). Plaintiff sent defendant the credit card along with the written Customer Agreement associated with the credit card. (UMF 2; Dec...

Excerpt: ...ses. Plaintiff seeks summary judgment on all causes of action. Defendant did not oppose the motion. II. UNDISPUTED MATERIAL FACTS Defendant applied for and was issued a Wells Fargo credit card ending in 7640. (Plaintiff's Separate Statement of Undisputed Material Facts (“UMF”) 1). Plaintiff sent defendant the credit card along with the written Customer Agreement associated with the credit card. (UMF 2; Declaration of Plaintiff's Qualified Wit...

Excerpt: ...remises liability on 12/18/23 against the City of Santa Cruz, the County of Santa Cruz, and the California Department of Transportation (“Department”). The complaint indicated it had an attachment page explaining the facts but failed to include it. On 4/29/24, plaintiff filed his first amended complaint (“FAC”) against the same defendants for the same cause of action, this time including the attachment with details. He alleges he was driv...

Excerpt: ...on (“EECAR”). The complaint asserts that defendants Panorama and EECAR developed and constructed a single -family residence on the property. Plaintiffs purchased the property from Panorama for $4,700,000.000. There are several other named defendants and a special master is in place. Panorama and Sullivan (“Cross -complainants”) filed a first amended cross -complaint (“FACC”) against several entities and individuals, including, Acrisur...

Excerpt: ...st periods, wage statement penalties, waiting time penalties, and unfair competition. On 12/16/24, plaintiff filed a first amended complaint (“FAC”) adding PAGA penalties. Defendants provide the two -page Arbitration Agreement (“Agreement”), which contains an arbitration clause at section 11, pages 6 -9 (Zalazar Declaration, Ex. A.). Relevant portions include: “The parties to this Agreement agree to arbitrate any and all disputes, claim...

Excerpt: ...s provisions apply to plaintiff's employment -related claims of retaliation for whistleblowing, discharge in violation of public policy, and negligent retention and training of employees. “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whethe...

Excerpt: ... by the County because the “documents were left with an individual who then ‘hid' them, thinking that he would get into trouble for having some part of [the] process. The above is a reasonable assumption based on previous experience involving this person who has been diagnosed as having Asperger's, a variant form of autism.” Code of Civil procedure section 473, subdivision (b) provides the court with discretion to grant relief based upon a ...

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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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...