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 &...