Excerpt: ...tenance Agreement for the project site shoreline protection structure shall be recorded by the owners. The Monitoring and Maintenance Agreement for the riprap revetment will be developed by Environmental Planning Staff.” (Ex. C to Dec. of Cove Britton.) • 5/31/22 County sends petitioners a letter, rescinding the August 12, 2021 acceptance. The County states “recent research and information has indicated that a maintenance agreement for the ...

Excerpt: ...8/22. The Court conducted a review of the agency file lodged by the County respondents. Petitioner filed “the present petition for de novo review of the Hearing Officer's decision pursuant to California Government Code Section 53069.4, and to enforce their rights under California Government Code Section 6258, the Public Records Act.” (POB at p. 9.) The Court views Petitioner's writ in two general areas: (1) was there sufficient evidence to su...

Excerpt: ...) a duty of honest and fair dealing and good faith. Sotheby's argues that this c/a fails because it is predicated exclusively on Buyers' actions in failing to follow terms of the Purchase Agreement and deadlines outlined by it, not by any of its acts, and that the facts as plead establish that Sellers prematurely canceled the Agreement so there are no facts that Sotheby's violated any duty of diligence, honesty or good faith. Sotheby's demurrer e...

Excerpt: ...and enforceable against all parties. The parties entered into settlement discussions in May 2022. (Mohamed Decl. ¶2; Sutton Decl. ¶9) Counsel declarations describe a lengthy process for obtaining all parties' signatures, but that appears to have been accomplished by 9/11/22. Defendants and their counsel all wet‐ signed the agreement on 8/31/22. (Sutton Decl. Ex. 1) On several occasions thereafter defense counsel took actions and made statemen...

Excerpt: ...] Moreover, the exemptions from disclosure provided by section 6254 are permissive, not mandatory: They allow nondisclosure but do not prohibit disclosure. [Citations.] Indeed, the penultimate sentence of section 6254 provides, ‘Nothing in this section prevents any agency from opening its records concerning the administration of the agency to public inspection, unless disclosure is otherwise prohibited by law.' [Citation.]” Marken v. Santa Mo...

Excerpt: ...isonment, based on the immunities afforded public entities pursuant to Government Code §815, and since no statutory basis for liability is plead, Defendant District is immune from liability for false imprisonment as a matter of law. Tilton v. Reclamation Dist. No. 800 (2006) 142 Cal.App.4th 848, 863‐864. The demurrer as to District is sustained without leave to amend. LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 10, 2023 TIME: 8:30 A.M. 4 Di...

Excerpt: ...to CRC 2.112 by failing to include the nature of the cause of action for each attempt at a cause of action and fails to use the format prescribed by the Rule of Court; LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 9, 2023 TIME: 8:30 A.M. 2 • Petitioner's motion fails to identify the changes to the Petition and why they are necessary in violation of CRC 3.1324(a); and • The Court file does not contain any declaration in support of the motion ...

Excerpt: ...intiff purchased an interest in real property at a homeowner's association (“HOA”) foreclosure sale. The HOA assessments were incurred by a non‐party, Mr. Guerrero, who purchased the property with a loan from America's Wholesale Lender in November 2005. The loan was later assigned to Bank of New York serving as trustee for the Certificateholder of CWALT, Inc. Alternative Loan Trust. The terms of the loan were later modified by Bank of New Y...

Excerpt: ...an‐patient privilege may only be waived through a clear manifestation of an intent to waive. (Evidence Code §912; Palay v. Superior Court (1993) 18 Cal.App.4th 919, 926, fn. 7.) Waiver occurs if the person holding the privilege, without coercion, discloses a significant portion of the communication or has consented to disclosure. Consent to disclosure is manifested by any statement or other conduct of the holder of the privilege indicating con...

Excerpt: ...gment order that was not a money judgment or an order directing it to pay money. American Surety, supra, 31 Cal.App.5th LAW AND MOTION TENTATIVE RULINGS DATE: DECEMBER 29, 2022 TIME: 8:30 A.M. 2 at 393. That is not the situation here. Instead, a money judgment was entered against Keenan, and the bond is currently 1.5x that judgment amount, complying with CCP §917.1(b). As to including later ordered attorneys' fees and costs in the judgment amoun...

Excerpt: ...tute a preponderance of evidence that an essential element of the plaintiff's case cannot be established...” Kids' Universe v. In2Labs (2002) 95 Cal.App.4th 870, 879. If defendant fails to meet this burden, its motion must be denied and plaintiff need not make any showing at all. Defendant can “show” that an essential element of plaintiff's claim cannot be established. This is done by presenting evidence that plaintiff does not possess and ...

Excerpt: ...hat statement. The closest she comes to alleging any intent to defraud is her allegation that LALLEMAND knew the probate notice was due at a certain time and “intentionally and knowingly did not do it”. (SAC ¶¶104‐108) Plaintiff's SAC: “104. Lallemand, an agent of Corman and CLO, did virtually nothing, or very little, of her own volition to begin trust administration. 105. January 30, 2019, attorney Parker, on the office speaker phone, ...

Excerpt: ...e causes of action against the moving party, Theta Chi Fraternity, Inc. (TCFI), for negligence (1st through 5t causes of action) based on various theories of direct, vicarious and alter‐ego liability (failure to manage and supervise; failure to use reasonable care; negligent undertaking; assumed duties; duty to prevent harm). TCFI moves for summary judgment, or in the alternative, summary adjudication of Plaintiffs' first, second, third, fourth...

Excerpt: ...on to strike, the opposition, the reply, and the requests for judicial notice. Defendant's motion to strike is denied. The Court did not find a basis for striking the requested portions of the first amended complaint pursuant to Code of Civil Procedure section 435 and/or 436. “Conclusory allegations are permitted where supported by facts and will not be stricken where they are supported either by factual allegations in the complaint.” (Weil &...

Excerpt: ... acquaint the defendant with the nature, source and extent of his cause of action.” Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 156‐157. Demurrers do not lie as to only parts of causes of action, where some valid claim is alleged but “must dispose of an entire cause of action to be sustained.” Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 119. “The limited and statutory nature of governmental lia...

Excerpt: ...execution of the Agreement, or by August 28, 2022. While the Agreement allowed for a one time extension of not more than ninety days if required and requested by Tabatabai, this would only extend the time for payment to November 26, 2022. Tabatabai does not dispute that he has failed to make the Settlement Payment 1, and admits that he “did not formally request an extension” to make the payment. Instead he argues that (1) the Court lost juris...

Excerpt: ...foot Walkway fronting Plaintiffs' homes in favor of Plaintiffs, finding that neither the County nor the public have any interest in, or rights to use the Walkway. This determination effectively prevents the County from asserting that the Walkway had been dedicated for public use, which was the basis for its previous reliance on categorical exemptions from the mandates of CEQA (“maintenance of existing public facility”; “enforcement action�...

Excerpt: ...s, scores, interpretative materials, and anything else used but not produced.” Dr. Friedman has refused to turn over certain of these documents based upon the following: Cal. Code of Regs. Tit. 16 section 1396.3 and that the tests and results are “trade secrets” within the meaning of Cal. Civil Code sections 3426 through 3426.11 of the California Unform Trade Secrets Act. Further, Defendant contends Dr. Friedman has already produced respons...

Excerpt: ...tutional Right to Due Process Before Deprivation of Property, California Constitutional Right to Just Compensation for Governmental Taking by Inverse Condemnation – Meyberg against City and City employees: Demurrer is sustained with leave to amend. This cause of action incorporates over 35 paragraphs of facts, names 11 defendants, and attempts to incorporate four types of claims (violation of the right to petition government, violation of right...

Excerpt: ...n the amount of all reasonable and necessary defense costs, in addition to those normally awarded to the prevailing party. This includes reasonable attorney's fees, expert witness fees, and anything reasonably and necessarily incurred in defending the proceeding. “Reasonable cause” is to be determined objectively, as a matter of law, on the basis of the facts known to the plaintiff when he or she filed or maintained the action. Once what the ...

Excerpt: ...at[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.) Alex Mohan‐Schulz, Camille Mohan‐Schulz, and Lee Schulz have brought this action against Defendant Irene Lowry, William Schulz, and Gobau, LLC. (First names will be used to avoid confusion as some of the parties share a last name.) There are five causes...

Excerpt: ...esponses to the following: 1. Form Interrogatories, Set One, Nos. 17.1 for her RFA response nos. 1‐8; 2. Special Interrogatories, Set One, No. 1; 3. Request for Production, Set One, Nos. 1‐7; 4. Request for Admissions, Set One, Nos. 1‐7. Timeliness: As Plaintiff correctly points out, the motions were served by email five (5) days late (hearing date of 12/9/22 required an electronic service date of 11/10/22). However, Plaintiff has filed opp...

Excerpt: ...dicially noticed by the court render the complaint meritless. McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 290. In addition to the facts pleaded, we may consider matters that may be judicially noticed, including a party's admissions or concessions which cannot reasonably be controverted. Pang v. Beverly Hospital, Inc. (2000) 79 Cal.App.4th 986, 989‐990. Privette doctrine: Plaintiff alleges negligence and negligent hiring causes ...

Excerpt: ...ough two drainage pipes, which are part of the County's drainage system (the “Drainage Pipe System”), to a downstream outlet located on property which is owned by the City; and (2) the City's failure to maintain the City‐owned area of the outflow. The County alleges that the City's failure to manage the flow of its water, and its failure to maintain the outflow area, caused the scouring and removal of road fill, which undermined the structu...

Excerpt: ...902, Defendants have a duty to report when a student engages in assault with a deadly weapon or certain drug offenses. Plaintiffs have plead such a mandatory duty; staff allegedly failed to report that student “K.O.” who fatally stabbed Gerardo, had brandished a knife and cut a different student just a week or so before and was on probation at the time of both incidents. (Complaint ¶¶19‐23) These facts at the pleading stage are sufficient...