Excerpt: ..., breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation and negligent training and supervision. On April 2, 2019, a notice of conditional settlement was filed and on May 21, 2020 the parties entered in a stipulation for dismissal and order. The case was dismissed with prejudice but the court retained jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the terms of the settlement agreement...

Excerpt: ... DATE: JULY 29, 2024 TIME: 8:30 A.M. Page 7 of 16 This is an action for breach of contract, common counts, and fraud related to defendant's representation of plaintiff in plaintiff's criminal trial. Plaintiff is in pro per. I. DEFENDANT'S MOTION Defendant moves for summary judgment on the grounds plaintiff cannot establish actual innocence and thereby cannot support his claims of legal malpractice and breach of fiduciary duty. Facts have already...

Excerpt: ...anch -Superior Court of Santa Cruz, rather than the City. After Foster served the City with her complaint (see case no. 23CV00638), it answered but then filed a motion for judgment on the pleadings, alleging Foster's failure to comply with the Government Claims Act. The court granted this motion and dismissed the complaint. Foster now brings this petition, based on a theory of estoppel, and contends the City “engaged in a calculated course of ...

Excerpt: ...the orderly conduct of proceedings before it, or its officers.”].) A trial court's ruling on a request for stay is reviewed for abuse of discretion. (People ex rel. Allstate Ins. Co. v. Suh (2019) 37 Cal.App.5th 253, 257; People ex rel. Harris v. Rizzo (2013) 214 Cal.App.4th 921, 951; Bains v. Moores (2009) 172 Cal.App.4th 445, 480.) While there are three cases on appeal, there will be no imminent appellate clarity on the AB 218 constitutionali...

Excerpt: ... 1.1, 17.1, and 50.1 through 50.6; • Special interrogatories, nos. 1 -84, 86 -99, 101 -102, 104 -105, 107 -108, 110 -111, 113 -114, 116 -120, 122 -123, 125 -129, 131 -132, 134 -135, 137 -138, 140 -141, 143 -147, 149 -156;1 • Request for admission (“RFA”), nos. 7, 8, 10, 12 -15, 18, 19, 21, 22 -25. The discovery was served on 3/6/24. (Korte Declaration, ¶ 3.) The parties agreed to an extension of time and responses were served on 4/17/24....

Excerpt: ...was molested by defendant. Trial is set to begin on September 3, 2024. These motions were set on shortened time. The motion is granted in part and denied in part, as discussed in detail below. Defendant seeks to compel further responses to request for production of documents, set three; special interrogatories, set four; and form interrogatories, set one. Request for production, set three No. 35 requests all documents including any written or ora...

Excerpt: ...Osborne, individually. Todd S. Osborne, Inc. was granted a business line of credit on or about December 22, 2014 (account # 2061). The account is now in default in the amount of $58,171.06 in principal, plus attorney's fees and costs. Second, Plaintiff alleges that on or about December 12, 2014, Wells Fargo granted a business credit card to Todd S. Osborne, Inc., guaranteed by Todd S. Osborne. (account # 8711), and that account is also in default...

Excerpt: ... The action is brought by Munguia and Ledezma on behalf of themselves and all others similarly situated. Initially Classico was represented by counsel and participated in the litigation. A timeline of events is as follows: - 1/12/21 Classico answers complaint. - 6/17/22 Notice of Bankruptcy filed. - 10/11/22 Bankruptcy stay terminated. - 4/26/03 Classico's counsel is relieved. LAW AND MOTION TENTATIVE RULINGS DATE: JULY 19, 2024 TIME: 8:30 A.M. ...

Excerpt: ...ase. Burdge asserts various deficiencies/defects with the RV. In connection with the purchase of the Airstream, Burdge signed a Limited Warranty which stated, in part, the following: “LEGAL REMEDIES: EXCLUSIVE JURISDICTION FOR DECIDING LEGAL DISPUTES RELATING TO THE ALLEGED BREACH OF EXPRESS WARRANTY AND BREACH OF THE IMPLIED WARRANTIES ARISING BY OPERATION OF LAW AS WELL AS THOSE RELATING TO REPRESENTATIONS OF ANY NATURE RESTS IN THE COURTS W...

Excerpt: ...plaintiff sustained on a jobsite following a propane tank explosion. Plaintiff's independent plumbing contracting company was hired by defendant to install a gas stove, new faucets, and a new water heater on defendant's property. He alleges defendant's employees negligently turned on a gas line he had shut off to install the stove resulting in an explosion and his severe burn injuries. This case turns exclusively on the legal issue of whether the...

Excerpt: ...ss fees. (Ex. 2.) 3. $24.86 in attachment expenses. (Ex. 3.) 4. $3,000.00 in attorney fees (10 hrs at $150.00/hr) pursuant to “section 809.9.” On May 28, 2024, Morgan filed this motion to tax certain of these costs, specifically, the attorney fees request. Morgan asserts that attorney fees are not generally recoverable as costs, citing Code of Civil Procedure section 1021. Further, he contends attorney fees claims in a memorandum of costs w...

Excerpt: ...ule to accommodate his other trial and conference commitments. Motion to compel mental exam and testing of plaintiffs LAW AND MOTION TENTATIVE RULINGS DATE: JULY 10, 2024 TIME: 8:30 A.M. Page 2 of 4 The parties are unable to reach an agreement as to the length of time which should be permitted for evaluation by psychiatrist Dr. Charles Scott. Plaintiffs assert a total of 8 hours per plaintiff is sufficient for examinations by both Drs. Hooker and...

Excerpt: ...al wages), failure to provide accurate wage statements, failure to reimburse business expenses, and unfair business practices. She also has a related PAGA claims case. 10/28/20 Plaintiff is hired as an hourly, non- exempt kitchen line cook for Seascape Resort, LTD. (Complaint ¶ 16) LAW AND MOTION TENTATIVE RULINGS DATE: JULY 3, 2024 TIME: 8:30 A.M. Page 2 of 10 Sept 2022 Plaintiff separated employment. 6/23/23 Plaintiff files suit for Labor Cod...

Excerpt: ...owing causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected. 2. A judgment or decree not consistent with or not supported by the special verdict.” LAW AND MOTION TENTATIVE RUL...

Excerpt: ...he appropriate mechanism for such a request. On January 2, 2024, plaintiff brought a motion to bifurcate to “permit the trial court to resolve the validity and enforceability” of the policy which, plaintiff asserted, could exclusively be resolved by the court prior to trial. The court found that on balance, holding a bifurcated trial at that time to be premature and found that the issue of determining and scheduling trial phases, and bifurcat...

Excerpt: ...oper: (a) Strike out any irrelevant, false, or improper LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 28, 2024 TIME: 8:30 A.M. Page 2 of 5 matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” This action is the latest in plaintiff's effort to unwind a non- judicial foreclosure. On 12/10/04 there was a real estate tran...

Excerpt: ...ss request nos. 40 and 41 which seek communications sent by or to the District's investigator and those he authored, but they are at issue since the District claims that they involve documents protected by the attorney -client and/or work product privileges. Here, some but not all of the investigator's communications have been disclosed, and the District is withholding some based upon attorney client privilege. (See Amended Joint Statement, Privi...

Excerpt: ...false imprisonment, negligence, intentional infliction of emotional distress, any Bane Act violation, or civil rights violations. I. BACKGROUND Plaintiff is a minor who was enrolled in first grade at Brook Knoll Elementary School in 2022. Through his parental guardian he alleges a variety of harm, all related to actions by school employees related to COVID -19 protocols and their impact on him. His causes of action are false imprisonment, negli...

Excerpt: ...YMENT WITH THE COMPANY, THE COMPANY'S PROMISE TO ARBITRATE ALL EMPLOYMENT RELATED DISPUTES WITH ME, AND MY RECEIPT OF COMPENSATION AND OTHER BENEFITS PAID OR PROVIDED TO ME BY THE COMPANY, AT PRESENT AND IN THE FUTURE, I AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES THAT I MAY HAVE WITH THE COMPANY (INCLUDING ANY COMPANY EMPLOYEE, OFFICER, DIRECTOR, TRUSTEE, OR BENEFIT PLAN OF THE COMPANY, IN THEIR CAPACITY AS SUCH OR OTHERWISE), ARIS...

Excerpt: ...dant parents denying sons' claims for resulting trust and constructive trust. LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 24, 2024 TIME: 8:30 A.M. Page 2 of 9 20CV01407: after a three -day court trial, judgment generally denying all the parents' lease, contract, elder abuse and fiduciary claims, and finding that both sons should repay personal loans made to them by their parents (William - $10,000; Jon - $50,000). “A judgment or decree, when ...

Excerpt: ...edent, Zeferino Velazquez (“Decedent”). On August 14, 2020, the Jorgensens hired decedent to perform work on their property in Royal Oaks. Plaintiffs allege decedent was hired to perform work which required a license which he did not possess. While working at the property, decedent suffered a heart attack and died. Plaintiffs contend his death was caused because of defendants' conduct in failing to provide, prevent, and plan for heat related ...

Excerpt: ...e suffered a traumatic brain injury and other injuries from the collision that caused him to experience serious progressive mental, psychological, emotional, physical and physiological injuries and dysfunction which deteriorated, causing anger, frustration, mood swings, depression, anxiety, and instability, ultimately resulting in his suicide. (Complaint ¶¶20 -21.) The complaint alleges that defendants had a duty of care which was breached by t...

Excerpt: ... March 7, 2024, primarily to allow the parties an opportunity to respond to the Court's Phase I inquiry as to whether the University's goal to house 100% of the new students and up to 25% of the new staff on campus (the “housing goal”) should be treated as a mitigation measure for population impacts. The resolution of this issue was necessary before the Court undertook its review of the EIR's analysis of impacts and mitigation measures. At th...

Excerpt: ...MPLAINT This is a class action matter arising out of allegedly false claims made by defendant Skechers about the slip -resistant nature of their shoes, specifically the Women's Work Squad SR Shoes. “Consumer who purchased the Shoes in reliance on Skechers' claims of slip -resistance found that they did not serve this key function as promised.” (Complaint at ¶ 4.) Plaintiff Valdivia asserts the shoe is advertised as a “work shoe” and spe...

Excerpt: ... of a penalty or forfeiture imposed by statute....” “[B]ecause section 393(a) requires a different venue than the defendant's residence, it supplants the general venue rule codified in section 395(a). [...] When a provision of section 393 applies, it specifies the proper county for the initial filing of an action, overriding the general venue rule providing for trial in the county of the defendant's residence.” (Dow AgroSciences LLC v. S...