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

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