Excerpt: ...ecial Motion to Strike, and will not be considered in ruling on the motion. A plaintiff may not seek to subvert or avoid a ruling on an anti‐SLAPP motion by amending the challenged complaint in response to the motion, as Plaintiff has done here. Salma v Capon (2008) 161 Cal. App. 4th 1275. Requiring the trial court to analyze the amended claims under CCP §425.16 simply because the claims were amended before the court ruled on the first motion ...

Excerpt: ...��water well, water tank and supporting structures”. LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 3, 2021 TIME: 8:30 A.M. 5 The Court finds that Plaintiffs have a probability of prevailing on their claim to a deeded easement to the existing water well and its supporting structures, which includes the right to access the easement to make repairs; and that the balancing of the harms favors Plaintiffs on that claim. The Court finds that the easemen...

Excerpt: ...s First Amended Cross‐Complaint herein (“Liability Trial”) in order to resolve the issue of whether the 37 Foot Walk is a public space or plaintiffs' private patio area is granted. Plaintiffs' motion to set hearing date and briefing schedule re: administrative writ is granted in part and denied in part. The hearing date and briefing schedule re: administrative writs will be set immediately upon conclusion of the Liability Trial. Plaintiffs ...

Excerpt: ...mption in favor of private arbitration, an arbitral award should ordinarily stand immune from judicial scrutiny."(City of Palo Alto v. Service Employees Internat. Union (1999) 77 Cal.App.4th 327, 334.) Here, Respondent has not satisfied his burden of showing that he has been substantially prejudiced by refusal of the arbitrator to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrator to hear evidence ...

Excerpt: ...mption in favor of private arbitration, an arbitral award should ordinarily stand immune from judicial scrutiny."(City of Palo Alto v. Service Employees Internat. Union (1999) 77 Cal.App.4th 327, 334.) Here, Respondent has not satisfied his burden of showing that he has been substantially prejudiced by refusal of the arbitrator to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrator to hear evidence ...

Excerpt: ... of conduct as a defense to the action when brought.”(Lantzy v. Centex Homes,(2003) 31 Cal. 4th 363, 383) “A valid claim of equitable estoppel consists of the following elements: (a) a representation or concealment of material facts (b) made with knowledge, actual or virtual, of the facts (c) to a party ignorant, actually and permissibly, of the truth (d) with the intention, actual or virtual, that the ignorant party act on it, and (e) that p...

Excerpt: ... for a continuance. Plaintiffs have been prevented from completing depositions and other discovery in preparation for trial. (Pltf's Ex parte App.pg.2:10). On 5/12/21, Defendant's cardiologist advised Mr. Schwartz to take two‐months rest from the practice of law. (to Ex. 2 to Dec. Donald Schwartz in support of motion to continue trial date which is Ex. B Defendants' Ex parte Appl.) (Cal Rules of Court, Rule 3.1332(c)(2) & (3)) Based upon the pl...

Excerpt: ...Shahram Tabatabai is granted, and Robert Lindow's First Amended Cross‐Complaint is stricken in its entirely . Tabatabai's demurrer to Lindow's First Amended Cross‐Complaint is therefore moot, as is his Motion to for Leave to Conduct Discovery Limited to Lindow's Opposition to Tabatabai's Anti‐SLAPP Motion. Shahram Tabatabai's Motion to Compel Lindow's Responses to Form Interrogatories, Set Two, is granted, on the grounds discussed below. Ro...

Excerpt: ...gueroa Dec. Ex.'s 7‐ 12) Although Plaintiff may not have properly served the discovery responses and the wording of the “verification” is not per Code, the documents requested appear to have been produced, the interrogatories answered, and provided to Defendant. The purpose of discovery is to bring out information which will lead to a just decision on the merits. The sanction of peremptory dismissal, without consideration of the merits, is ...

Excerpt: ...dings were based on substantial evidence.”'” This requires the reviewing court to consider all relevant evidence in the administrative record and view that evidence in the light most favorable to the agency's findings, drawing all inferences in support of those findings. The reviewing court does not substitute its own findings and inferences for that of the agency. “Only if no reasonable person could reach the conclusion reached by the admi...

Excerpt: ... filed LAW AND MOTION TENTATIVE RULINGS DATE: May 25, 2020 TIME: 8:30 A.M. 9 until January 8, 2021, well beyond this 60‐day period. The Court is not persuaded by Defendants' assertion that they could not have timely filed these motions while the action was venued in Los Angeles Superior Court, due to the filing of their motion for change of venue in that court and Plaintiffs' motion for reconsideration of the order for transfer of the case to S...

Excerpt: ... acted beyond its jurisdiction. Abuse of discretion is established if the respondent has not proceeded in a manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence. Under the substantial evidence test, the DRE's findings are presumed to be supported by the administrative record and it is Petitioner's burden to show that they are not. Donley v Davi (2009) 180 Cal. App. 4th 4...

Excerpt: ...ment. Plaintiff is to file any amended complaint within 20 days of this ruling. Defendant's RFJN The court grants Defendant's request for judicial notice of the following: • The unlawful detainer judgment against Plaintiff and in favor of Defendant; • The Bankruptcy Court's order in Plaintiff's bankruptcy action denying her motion to amend an order lifting the automatic stay; • Trustee's Deed showing Defendant as the lawful owner of the sub...

Excerpt: ...on by not proceeding as required by law, i.e. by not making any actual findings. LoForti states he “reviewed the application with Deputy County Administrative Officer Melodye Serino, the cannabis Licensing Official under Chapter 7.130 who LoForti reports to. Serino agreed with and adopted LoForti's finding under Section 7.130.l 10(E)(3) that the general public benefit would outweigh concerns regarding intensity of use, land use compatibility, a...

Excerpt: ...n default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Under subsection (b)(1), the consumer may then “unilaterally elect” to “withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction”. Defendants do not dispute that they are the party who drafted the arbitration agreement at issue, that the arbitration agre...

Excerpt: ...ing party to submit‐‐in place of a separate statement‐‐a concise outline of the discovery request and each response in dispute”, Plaintiff has not requested nor has the court allowed Plaintiff to submit a concise outline in lieu of a Separate Statement. Plaintiff asserts that these interrogatories are an attempt to understand Defendant's theory of the case. However, the interrogatories do not ask for facts supporting Defendants' theory,...

Excerpt: ... bringing an action under section 709, and allow the court to consider the merits of the action without first determining whether the petitioning party did in fact have a legal right to vote.” (Haah v. Kim (2009) 175 Cal.App.4th 45, 53‐55) On demurrer, the complaint is to be given a reasonable interpretation, admitting the truth of all material facts properly pleaded. (Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967) Plaintiffs h...

Excerpt: ...ewing his request pursuant to CA Penal Code § 18420 ...

Excerpt: ... action, CAIC must establish the absence of any potential for coverage in order to prevail on its motion. Voyager, who is standing in for the insured, need only show that the underlying claim may fall within policy coverage. “Facts merely tending to show that the claim is not covered, or may not be covered, but are insufficient to eliminate the possibility that resultant damages (or the nature of the action) will fall within the scope of covera...

Excerpt: ... Berkeley (1987) 195 Cal.App.3d 578, 583, Snatchko v. Westfield LLC (2010) 187 Cal.App.4th 469, 497) The motion to strike the prayer for punitive damages is granted. First, the County is immune from punitive damages: A public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant. (Gov. Code, § 818.) More important here, the 6D...

Excerpt: ...ince the date of Mr. Dutra's death on March 29, 2016 to March 29, 2021, in the amount of $1,469,857.06 The Court finds that Well‐Pict has met its burden of proof in establishing that James R. Dutra is the debtor on the account. The Court directs the parties to appear at the hearing prepared to discuss whether the Declarations of George Schaff and Joan Taylor, which authenticate the book accounts, are sufficient to meet Well‐Pict's burden of p...

Excerpt: ...one or more material facts exists as to the cause of action or a defense thereto. The defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. CRC 3.1350 provides that the Separate Statement of Material Facts should include “onl...

Excerpt: ...ese alleged changed circumstances (no evidence of any proposals or offers he has made, or when they occurred). Instead he provides only the vague statement that “Plaintiffs tried to exercise the option after the lease expired last year. We have continued to negotiate a price for my interest without any success. Not only have we used “best efforts' but we have used more than “best efforts”.”. (J. McEnery decl., ¶7.) Due to Defendant's f...

Excerpt: ... Question No. 7 is also a contention question, therefore the objection is sustained. If the deposing party “wants to know what the adverse party is contending, or how it rationalizes the facts as supporting a contention, it may ask that question in an interrogatory. The party answering the interrogatory may then, with aid of counsel, apply the legal reasoning involved in marshaling the facts relied upon for each of its contentions. "[t]aking th...

Excerpt: ...ir burden of making a threshold prima facie showing that Mr. Lindow's cross‐complaint arises from protected activity. The allegations of the crosscomplaint demonstrate that the gravamen of the cross‐complaint is Mr. Maleksalehi's filing of his complaint against other parties (the Tabatabais), which Lindow claims caused Tabatabai to file a cross‐complaint against Lindow. The first c/a for abuse of process alleges that “pursuant to the goal...