Excerpt: ... signed by a party if it is signed by any of the following: 'l (1) The party. (2) An attorney who represents the party. 'l (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf." (Code of Civ. Pro. S 654.6, subd. (b).) The parties entered into a written Stipulation for Entry of Judgment Pending Performance. This document was signed by counsel for Plaintiff and Defendant (who at the ti...

Excerpt: ...is signed by a party if it is signed by any of the following: 'l (1) The party. (2) An attorney who represents the party. 'l (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf." (Code of Civ. Pro. S 654.6, subd. (b).) Plaintiff demonstrated the existence of an enforceable written settlement agreement between the parties entered into in August 2022. (Ex. A To Tapper Dec.) The partie...

Excerpt: ...imited liability company by purchasing for cash the membership interests owned by the members so initiating the proceeding, the 'moving parties,' at their fair market value." Section 17707.03(c) further provides: "Ifthe purchasing parties elect to purchase the membership interests owned by the moving parties, are unable to agree with the moving parties upon the fair market value of the membership interests, and give bond with sufficient security ...

Excerpt: ...d cause exists for the filing of a motion for summary judgment and/or adjudication because (1) testimonyfrom the first phase of the trial would be a defense to causes of action at issue in the phase two trial and (2) allowing the filing of motion for summary judgment and/or adjudication would further the goal of judicial economy. First, Plaintiffs did not provide authority for their argument that a second phase of a trial re-opens the time period...

Excerpt: ...MONT CDJR) is the dealer/servicer. Plaintiff contends that the car has electrical, engine, and transmission defects, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: 1. Vio ation of Civil Code 51793.2(d) (Song-Beverly Act) vs. FCA: failure to service the vehicle t...

Excerpt: ...d workmanship, particularly relating to the vehicle's battery. Plaintiff contacted GM and asked them to repurchase the vehicle and provide him with a replacement vehicle. GM agreed to LAW AND MOTION TENTATIVE RULINGS DATE: MAY 16, 2023 TIME: 8:30 A.M. Page 2 of 2 repurchase the vehicle but never provided a replacement vehicle, as promised. (Complaint at pars. 17-21.) In support of his claim for conversion, Plaintiff alleges he is the owner of and...

Excerpt: ... (1998) 68 Cal.App.4th 856, 860; Antelope Valley Groundwater Cases (2018) 30 Cal.App.5th 602, 615. The court is to consider six factors when ruling on a motion to disqualify counsel. Kirk v First American Title ins. co. (2010) 183 cal.App.4th 776.800, 807-808. These factors are: 1. A client's right to chosen counsel; 2. An attorney's interest in representing a client; 3. The financial burden on a client to replace disqualified counsel; 4. The pos...

Excerpt: ...2023, approximately seven months after the judgment was mailed to Defendants. Cal Code Civ Proc S 473.5 Relief from judgment where summons does not result in actual notice: (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judg...

Excerpt: ...he citation, and ordered him to pay $5,000 in civil penalties. Appellant appeals that ruling pursuant to Gov. Code S 53069.4(b)(1). MOTION TO VACATE HEARING DATE Appellant's motion to vacate the April 27 hearing date is denied. On 8/11/22, the Court reclassified this case as a limited civil case following County's motion to do so. Appellant moves the court to vacate the hearing date, set a case management conference and identify the case as a lim...

Excerpt: ...ORB. Paragraph T.2 clearly states the requirements for submitting a dispute to a DRB: "If at any time, any dispute shall arise between CONTRACTOR and SUBCONTRATOR it is agreed LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 27,2023 IME: 8:30 A.M. Page 2 of 9 that CONTRACTOR and SUBCONTRACTOR shall, as a condition precedent, meet and confer to discuss and attempt to resolve the dispute (the CONTRACTOR and SUBCONTRACTOR will be obligated to attend a "...

Excerpt: ... Janet Marshall, allege they had verbal rental agreements to live in separate units on Hawkins' Boulder Creek property. Latin says he lived there since September 2017 and Marshall lived there since 2013. They claim to LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 26, 2023 IME: 8:30 A.M. Page 2 of 9 have paid Hawkins $400 per month in cash. In 2019, immediately priorto Hawkins' death, Defendant Steve Kobold (Hawkins' nephew) moved onto the property...

Excerpt: ...he claims in the proposed cross-complaint arise from the same series of transactions between the parties, and thus the Court will grant the motion. (Code of Civ. Pro. S 426.50.) DEFENDANT RIZWAN AMANUDDIN'S MOTION FOR SUMMARY ADJUDICATION Defendant moves for summary adjudication as to the Plaintiffs' prayer for punitive damages. As explained below, Defendant's motion is denied. 1. Legal Standard Cal Civ Code S 3294 When permitted (a) In an action...

Excerpt: ...nt was for $33,519.55 and the date of contract was April 12, 2008. (Complaint at p. 14.) Attached to the complaint is "Non- Negotiable Credit Agreement" signed by the Nunns. (Complaint, Ex. A at p. 26.) Thereafter, the loan defaulted. Bank of America charged-off and sold the debtto SLS. SLS contends the contract between the Nunns and Bank of America is an installment contract and the four-year statute of limitations began to run against each inst...

Excerpt: ...en paid. (FAC 9107) Plaintiff claims those were false statements because this action was pending and Defendants still owed Plaintiff money for the retaining wall problems. Plaintiff further claims Defendants did not meet various notice and certification requirements for voluntary dissolution procedures. (FAC 9108) Plaintiff lacks standing to directly attack the dissolution process because she is not a shareholder. While she is certainly able to a...

Excerpt: ..., the court appointed Ms. Bey as the guardian ad litem for "LB". Ms. Bey and L.B. later substituted their current counsel as their counsel of record. Ms. Cosby has filed no pleadings or papers on her own behalf. l. The Controlling Provisions of the Government Tort Claims Act Government Code S 946.6(b)(1)-(3) specifically requires a petition for an order relieving petitioner from compliance with the claims presentation requirements of Gov. Code 59...

Excerpt: ...d to but denied the discovery. Doppes v. Bentley Motors, Inc. (2CG) 174 cal.App.4th 967, 991-992. section 2023.030 authorizes a trial court to impose monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctons against "anyone engaging in conduct that is a misuse of the discovery process." Doppes v. Bentley Motors, Inc., supra, 174 Cal.App.4th at 991. The trial court may impose a terminating sanction for discovery abuse after ...

Excerpt: ... 17-day trial related to Plaintiff's termination from employment as a custodian. Plaintiff moves for an award of attorneys' fees in the amount of $9,611,749 as a FEHA prevailing plaintiff. Government Code 512965(b). Defendant opposes the motion on the grounds that Plaintiff's counsels' rates are inflated, that fees should not be awarded for losing motions, overstaffng and block billing, that the multiplier figure is without sufficient basis, and ...

Excerpt: ...ng "General Provisions," states: The internal laws of the State of Colorado shall govern this Agreement. The parties further agree that the State Courts of Colorado shall have exclusive jurisdiction and venue to determine any disputes arising from or relating in any way to this Agreement or otherwise relating to the parties' relationship. Defendants Biffe, Fineman, Kuenne, Lareau, and Scaglione were employees of 20/20 in September 2015 and therea...

Excerpt: ... approximately six months in 2021-2022. She sues for various Labor Code wage and hour violations on her own behalf and as a class, and includes PAGA claims. Plaintiff states that she has been a California resident for four years, was hired by Defendant in Santa Cruz, California and during the onboarding process, was given several documents to sign. (Ortega Decl. 92) She was told to sign all the documents and did not have any opportunity to negoti...

Excerpt: ...adversely affecting that division." ] The court presiding over a marital dissolution action has jurisdiction to inquire into and render any judgment and make orders that are appropriate concerning the settlement of the property rights of the parties, including how those property rights may apply to properly joined third parties. Glade v. Glade (1995) 38 Cal.App.4th 1441, 1452; Family Code S2021(a) ["...[T]he court may order that a person who clai...

Excerpt: ...ice. Calvert v. Binali (2018) 29 Cal.App.5th 954, 950. When the lack of jurisdiction appears on the face of the judgment roll, the effect is that the judgment is a nullity. ld. at 961. Neither tme (laches) or substantial compliance with the service by publication rules will suffce to resurrect a void judgment; a void judgment is subject to challenge at any tme and strict compliance with publication service rules is required. ld. at 963; Sanford v...

Excerpt: ...ings may be made at anytime either prior to the trial or at the trial itself." Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650. "The motion normally lies only for defects fully disclosed on the face of the pleading under attack or by matters of which judicial notice may be taken. Declarations or other extrinsic matters are improper." Weil & Brown Civil Procedure Before Trial (The Rutter Group 2022) 7•.322; code of Civil Procedure 5438. Respon...

Excerpt: ...'s Fees and Costs • Declaration of Rinat K. Erlich A prevailing defendant seeking fees and costs in connection with anti-SLAPP litigation has the burden of establishing "'entitlement to an award and documenting the appropriate hours expended and hourly rates.' To that end, the court may require [al defendant[] to produce records sufficient to prov-de ' "a proper basis for determining how much tme was spent on particular claims." ' The court als...

Excerpt: ...he adequacy of the responses. It is not clear from the moving papers whether the responses were verified. The court is under the impression they were verified as this issue was not raised in the motion. Defendant prov-des a separate statement as to the requests as issue (the request and the response). Defendant attaches a copy of the meet and confer efforts between the parties. The parties stipulated, in writing, the last day to file a motion to ...

Excerpt: ...W were introduced to him by the other defendants to handle his visa application, and they were the parties who organized GOLDEN STATE. The Complaint also identifies them as the parties who falsified visa applications, what the applications stated, when they were submitted, etc. (Complaint "26-27) HU alleges attorney WANG and the firm knew of the immigration and investment scheme perpetrated by the other defendants. (Complaint "22-30) He identifie...

Excerpt: ...erly joined. l. THE ALLEGATIONS OF THE FIRST AMENDED COMPLAINT Plaintiff Koghan lives on 1450 Glen Canyon Road. Defendants are "the owners and/or drivers in possession and control of certain motor vehicles driven in the recent past on Glen Canyon Road past Plaintiff's home and those of his neighbors at excessive speed and recklessness." (FAC '12). "At all times...each of the defendants was operating his or her own motor vehicle...or had authorize...

Excerpt: ... is based on a different liability theory than his government claim, he fails to plead dangerous condition of public property with adequate specificity, and fails to validly plead vicarious liability. 1. Naming the "State" is sufficient: State contends that Plaintiff failed to specify the proper state agency in his complaint. State cites to a case related to discovery of documents from nonparty state agencies to support this proposition. See Peop...

Excerpt: ...esent a late claim was made to the board under Gov't Code 5911.4 and that the application was denied or deemed denied; o The reason a claim was not presented within the time specified in the Gov't Code S 911.1(a); and o The information required by Gov't Code S 910 (1 Coates et al Cal. Prac. Guide - Government Tort Liability Practice (CEB 2022) S 7.64.) "Before a court can grant relief, a potential plaintiff must first establish by a preponderance...

Excerpt: ... take other measures to protect students, and were aware of the specific threat or risk posed by the student who killed Gerardo since he had attacked another student with a knife. (Amended Complaint ¶¶ 17-21, 35, 37-38, 40-42, 44, 45, 48, 49, 53-56, 65) These facts at the pleading stage are sufficient to show willful and conscious disregard of the rights or safety of others....

Excerpt: ... plaintiff, in a two-page filing, opposed the motion. The court denied defendant's motion to compel arbitration. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 6, 2023 TIME: 8:30 A.M. 2 On 12/3//21 FCA moved for a protective order, which defendant opposed. The court granted defendant's motion in part and overruled it, in part. On 9/7/ 2022, plaintiff moved ex parte for an order shortening time to have his motion to compel the deposition of FCA's pe...

Excerpt: ...abor Code. Plaintiff's motion is also granted as to personal liability by Dr. Thalia Ramanujam for violations of the Labor Code as to the aforementioned claims. Defendants' remaining claims of theft, conversion and deceit in their First Amended Cross-Complaint are subject to summary judgment since no reasonable jury could find evidence that Plaintiff falsified her time records. I. INTRODUCTION This is an action for wage and hour violations brough...

Excerpt: ...gment as a matter of law but would have to present his evidence to a trier of fact.” (Weil & Brown Civil Procedure. Before Trial (the Rutter Group, 2022) at § 10:240 citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.) It is not enough that defendant point out that plaintiff has no evidence as to a key element, rather “Defendant must also produce evidence showing plaintiff cannot reasonably obtain evidence to support that cl...

Excerpt: ...ir homes and yards and that such intrusion would be highly offensive to a reasonable person. (SAC ¶¶ 45-46) The TAC alleges that a person standing on Defendants' first level deck would be 6-7 feet above Plaintiffs' adjacent privacy fences, that the elevated decks allow persons standing on them an unobstructed view into neighboring backyards and home interiors (living room, dining and kitchen), and homes in the neighborhood are not typically con...

Excerpt: ...ees: • Kenneth A. Kecskes, Partner: $875/hr x 3.9 hrs = $3,412.50 • Matthew G. Ball, Partner: $1,050/hr x 15.6 hrs = $16,380.00 • Zachary T. Timm, Associate: $705/hr x 4.1 hrs = $2,890.50 • David A. Dunbar, Paralegal: $470/hr x 10.2 hrs = $4,794.00 • Mary K. Thurston, Research Analyst: $295/hr x 0.2 hrs = $59.00 All costs in the Memorandum of Costs appear proper and reasonable. This case involved a complaint for breach of contract (file...

Excerpt: ... for Nos. 130, 135-138, 210, 215-218 and 269-271. Defendant says that these requests are duplicative of prior requests but doesn't address these specific requests in the Joint Statement. Because Defendant fails to address these requests, further code-compliant responses shall be provided. • Plaintiff claims Defendant served only boilerplate objections to Nos. 140, 143- 145, 147-150, 155, 157, 159-164, and 166. Defendant addresses nos. 143, 144 ...

Excerpt: ...gment as a matter of law but would have to present his evidence to a trier of fact.” (Weil & Brown, Civil Procedure. Before Trial (the Rutter Group, 2022) at § 10:240 citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851) It is not enough that defendant point out that plaintiff has no evidence as to a key element, rather “Defendant must also produce evidence showing plaintiff cannot reasonably obtain evidence to support that cl...

Excerpt: ...ir homes and yards and that such intrusion would be highly offensive to a reasonable person. (SAC ¶¶ 45-46) The TAC alleges that a person standing on Defendants' first level deck would be 6-7 feet above Plaintiffs' adjacent privacy fences, that the elevated decks allow persons standing on them an unobstructed view into neighboring backyards and home interiors (living room, dining and kitchen), and homes in the neighborhood are not typically con...

Excerpt: ... Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 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, states a cause of action." (SKF Farms v. Superior Court (1984) 1...

Excerpt: ...000 following a 17‐day trial related to Plaintiff's termination from employment as a custodian. Defendant Keenan seeks relief from this Court in the form of motions for new trial or remittitur, motion for judgment notwithstanding the verdict and motion to set aside and vacate the judgment. In ruling on these motions, the Court heard the evidence presented at trial, read and considered the papers submitted by the parties on Defendants' motions a...

Excerpt: ...e dealer. Plaintiff contends that the car has a stalling defect, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 31, 2023 TIME: 8:30 A.M. 2 1. Violation of Civil Code §1793.2(d) (Song‐Beverly Act) vs. FCA: failure...

Excerpt: ...MERS actually harmed Ginsburg is a matter for summary judgment or trial, not a judgment on the pleadings. As for standing, Ginsburg is the alleged bona fide purchaser of the property that now has clouded title, and as such has standing to sue related to that clouded title. Weil & Brown, Civil Procedure Before Trial, §2:2. Ginsburg's cross‐complaint is also not barred by the statute of limitations. The recording of a deed provides constructive ...

Excerpt: ...ract as failing to deliver certain documents and deliverables required by the Membership Interest Purchase Agreement (MIPA) between Crummer and Defendant Armstrong. The MIPA's purpose was to transfer/sell Armstrong's cannabis licenses held by Work Right Building LLC to Crummer. Benmore was named a party in that contract. For purposes of this demurrer, the Court cannot go beyond the FACC. Cross‐ Complainants allege several sections of the MIPA t...

Excerpt: ...�� (Code Civ. Proc. § 683.170(a).) A judgment debtor bears the burden of proving, by a preponderance of the evidence, that she is entitled to relief under section 683.170. (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 199.) Defendant submitted a declaration as well as points and authorities as to why the court should grant relief. Specifically, defendant states: “[t[he renewal of judgment should be vacated on the follow...

Excerpt: ... cases (to the already 64 venued here) will promote the ends of justice based upon the factors set forth in CCP §404.1 (see the Declaration of Allison Lange Garrison filed in support of the motion): • There are common issues of fact or law that predominate and are significant to the litigation of each included action; • Transferring the other 18 cases will promote the convenience of the parties, witnesses and counsel; • The relative develo...

Excerpt: ... intervene if the discovery requests are unduly burdensome or LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 23, 2023 TIME: 8:30 A.M. 3 invasive, particularly for a third party subject to a subpoena. Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) Rutter Group, 8:71‐8:72.2; CCP § 2017.010. “Where the only reason for seeking such financial information is to ‘give a tactical edge to the party who has o...

Excerpt: ...aling her dismissal to the University by the deadline of September 26; or (2) filed a timely appeal, making her application for a preliminary injunction premature until the conclusion of the appeal process. Petitioner's bases for reconsideration: (1) Reply brief she filed on the morning of the preliminary injunction hearing: the Court may refuse to consider late filed papers. Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765 [court has bro...

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: ...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: ...] 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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...ion for leave to file a First Amended Complaint to add a cause of action for intentional infliction of emotional distress is granted. Leave of court is required to amend any pleading except as provided by CCP §§472 and 474. A judge may, in furtherance of justice and on proper terms, allow the amendment of any pleading at any time, even after commencement of trial. CCP §473(a), 576; Hong Sang Market, Inc. v. Peng (2018) 20 Cal.App.5th 474, 488 ...

Excerpt: ... 7, 2022 TIME: 8:30 A.M. 3 (Baughman Decl. Ex. B) On 9/29/22, Defendant served verified Second Supplemental Responses to those interrogatories, providing a substantive response. (Beck Decl. Ex. H) Therefore, this motion is moot. REQUEST FOR PRODUCTION NOS. 22 THRU 33: This motion is granted provided the parties fashion a protective order that is acceptable to the Court. Plaintiff Beronio seeks all documents and communications related to any damag...

Excerpt: ...as it does not state facts sufficient to constitute a cause of action as the verification of the Writ is improper. “A demurrer can raise any legal defect apparent on the face of the petition. This could include the lack of any beneficial interest, the existence of an adequate remedy at law, or the failure to state a claim for relief.” (1 California Writ Practice (4th ed. 2021) §8.41.) Parties are permitted to plead in the alternative. In thi...

Excerpt: ...dment is not precluded by delay or prejudice to Defendant. Defendant's discovery response promised providing the vet records, Defendant failed to provide those records, and Defendant denied any aggressive tendencies by his dog at deposition. Plaintiff did not discover medical documentation as to Pip's aggressiveness until the discovery was obtained via a subpoena. Due to Defendant's dilatory conduct in providing vet records and in deposition deni...

Excerpt: ... be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California... (c)In case of service by another method of delivery providing for overnight delivery... any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document served by Express Mail or other method of delivery providing for overnight...

Excerpt: ...be adjudicated in the United Kingdom. GFL and Carl then proceeded to litigate their claims in the High Court of Justice in the UK; and a final judgment was entered by that court on June 11, 2021. Mr. Carl now moves to lift the stay as to his remaining cross‐claim against GFL, for breach of a Supplemental Agreement; and as to his cross‐claim against Canepa Group, Inc. (Canepa), for negligent bailment. Mr. Carl also seeks to amend his cross‐c...

Excerpt: ...t was entered on August 11, 2022 and Mr. Sump's on August 15, 2022. Defendants filed this motion on October 12, 2022. “'Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, [the court shall] vacate any (1) resulting default entered by the clerk...or (2) resulting defau...

Excerpt: ...of Appeal, which affirmed the trial court's orders granting the employer's motion to compel individual arbitration of wage and hour claims and dismissing with prejudice the employee's representative claims and class claims under the Private Attorneys General Act. (PAGA), Lab. Code, § 2968 et seq., On 6/23/14, the CA Supreme Court reversed, finding that where an employment agreement compels the waiver of representative claims under the PAGA, it i...

Excerpt: ... Regents, the County immediately filed the Request for Hearing the next day, on September 21, 2022. The Regents move to dismiss the CEQA claims based on this mistake, asserting that filing the Request for Hearing by the statutory deadline is a jurisdictional requirement, and that dismissal is mandatory. The County seeks relief from its failure to file a timely Request for Hearing, requesting an order amending the proceedings and treating the Requ...

Excerpt: ...JOHN ELLIOTT TO REQUEST FOR PRODUCTION AND TERMINATING SANCTIONS The motions for special and form interrogatories are granted (the Court finds no previous motions to compel documents in the court file). The Court orders further monetary sanctions in the amount of $2,110.00 imposed against both Defendants and their attorney of record and strikes the Answers of Defendants Lisa Jewett and John Elliott. Defendants have engaged in extensive and willfu...

Excerpt: ...ty of the agreement. (Blix Street Records, Inc. v. Cassidy (2010) 191 Cal.App.4th 39, 48 [119 Cal.Rptr.3d 574].) The discrepancy here is whether or not the website www.mercercaverns.com including the domain name has been transferred to Plaintiff. Ms. DiBenedetto states in her declaration that the subject domain has been effectively transferred to Plaintiffs. (DiBenedetto Dec. ¶11) Mr. Rodriguez says, “It is disputed whether or not the defendan...

Excerpt: ...npaid debt totaling well under the jurisdictional limit of $25,000 (First Amended Complaint ¶4) • Plaintiff recorded a lis pendens that stated an “alleged breach of contract and real property claims” and that an active lawsuit was pending when it was not • Plaintiff recorded the lis pendens without any “real property claim” • Plaintiff has produced no lien, mechanic's lien, or note attached to the property that would require such d...

Excerpt: ... sent to Defendant at this same Scotts Valley address; On 3/30/22 Defendant's default was entered; and on 4/6/22 a Default Judgment was entered against Defendant for $4834.59. On 7/15/22 a Notice of Entry of Judgment was served on Defendant by mail, sent to the same Scotts Valley address. LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 17, 2022 TIME: 8:30 A.M. 3 Defendant now moves to set aside the judgment under CCP§473, based on mistake, inadv...

Excerpt: .... Code §56.20(c). Civ. Code §56.20(b) provides: (b) No employee shall be discriminated against in terms or conditions of employment due to that employee's refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee's refusal to sign an authorization under this part. Plaintiff alleges that he was aske...

Excerpt: ...fn. 9 [35 Cal.Rptr.3d 206].) Next as to Petitioner's objections to Respondents' affirmative defenses, “In recent years great changes have been wrought by the code in the rules for the construction of pleadings. For sufficiency of the facts pleaded, courts look to substance, not to form. The basic principle of the code procedure is that the administration of justice should not be embarrassed by technicalities, strict rules of construction, or us...

Excerpt: ...irst cause of action, brought under CCP §1085, concerning “notice requirements”. The demurrer to this cause of action is sustained based on uncertainty. Petitioner has not opposed the demurrer to the second cause of action, brought under CCP §1085 for alleged due process violations based on evidentiary decisions. Petitioner has failed to state a cause of action, as evidentiary decisions are discretionary, and mandamus relief is unavailable....

Excerpt: ...as “Notice of Entry of Order” and is dated 8/27/22. Plaintiffs fail to address this late filed proof in any declaration. Pursuant to California Rules of Court, Rule 8.108(c), a motion to vacate a judgment operates to extend the time to file a notice of appeal (and motions for attorneys' fees) to the earliest of: (1) 30 days after the court mails or a party serves an order denying the motion to vacate; (2) 90 days after the first notice of int...

Excerpt: ...ive equity was added to the amount Plaintiff financed for the Tiguan. (UDMF#4.) The purchase price for the Volkswagen Tiguan was $51,830.64. The amount financed was $45,349.04. Plaintiff paid $6,800 in cash at the time, as well. It is not disputed this amount was paid but rather what the payment went towards. Plaintiffs argue it went towards the down payment on the Tiguan. Defendants contend this cash went toward off‐setting the negative equity...

Excerpt: ... purpose of that restriction, and no specified “view protection.” There are several other restrictions listed in the deeds that appear to be unenforceable and/or antiquated (for example, “there shall never be constructed or maintained on said property any residence costing less than $1500.00; [...] that no building on said property shall remain unpainted or unstained for more than 30 days except as to the portions thereof covered by shingle...

Excerpt: ...hich judicial notice has been taken. The court “construes the pleading in a reasonable manner and read the allegations in context. “Fremont Indemnity Co. v. Fremont General Corp., (2007) 148 Cal. App. 4th 97, 111. On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. “‘A demurrer is simply not the appropriate procedure for determining the truth of disputed facts.'” Id at 114 citing, Ramsden v. W...

Excerpt: ...admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) State the number of the request; (b) State all facts upon which you base your response; (c) State the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) Identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and tel...

Excerpt: ...gs various challenges to the validity of the allegations made in the proposed amended complaint. These are not a basis for denying leave to amend, given the strong judicial policy favoring amendment. Any grounds for a demurrer or a motion to strike can be raised after leave to amend has been granted. Weil & Brown, Civil Procedure Before Trial, Rutter Group, §§6;638, 6:644. While a sham amendment that contradicts an earlier pleading is a basis f...

Excerpt: ...ssue sought to be precluded from relitigation must be identical to that decided in a former proceeding. Second, this issue must have been actually litigated in the former proceeding. Third, it must have been necessarily decided in the former proceeding. Fourth, the decision in the former proceeding must be final and on the merits. Finally, the party against whom preclusion is sought must be the same as, or in privity with, the party to the former...

Excerpt: ...alifornia Rules of Court, Rule 8.108(c), a motion to vacate a judgment operates to extend the time to file a notice of appeal (and motions for attorneys' fees) to the earliest of: (1) 30 days after the court mails or a party serves an order denying the motion to vacate; (2) 90 days after the first notice of intention to move or the motion is filed; or (3) 180 days after entry of judgment. (See also Rule of Court 3.1702(b)(1), time to file motion ...

Excerpt: ...alleges private and public nuisances have been created by speeding drivers outside of his home on Glen Canyon Road. Plaintiff alleges “[d]efendants are the owners and/or drivers in possession and control of certain motor vehicles driven in the recent past on Glen Canyon Road in Santa Cruz County past Plaintiff's home at excessive speed and recklessness.” (Plaintiff's Complaint ¶2). The defendants have “caused highly dangerous conditions to...

Excerpt: ...to make their claims for breach of contract and breach of the implied covenant of fair dealing based upon their status as an insured. As to punitive damages, Plaintiffs' allegations that CAFPA failed over a lengthy period of time to perform its duty to investigate and adjust the claim, willfuly ignored evidence, and that such conduct was ratified by a managing agent are sufficient to support a claim for punitive damages at the pleading stage. (Co...

Excerpt: ...t of no other California authority on point. Further, Plaintiff is not entitled to statutory prejudgment interest since he failed to seek that relief from the jury (Civil Code §3288; Greater Westchester Homeowners Assn. v. City of Los Angeles (1979) 26 Cal.3d 86, 103) and failed to submit any CCP §998 offer and obtain a more favorable judgment (Civil Code §3291). Tax neutralization generally applies to cases in which several years of back wage...

Excerpt: ...ny information besides the individual account information for other non‐party consumers from the documents it has produced. If it hasn't and if the master purchase agreement and verification are served prior to or at the hearing, the motion to enforce court order as to RFP no. 3 will be denied. As to RFP no. 16, Plaintiff/Cross‐Defendant needs to identify the responsive documents it is producing responsive to the request, as required by Code ...

Excerpt: ...tential–merits and interim‐harm factors, and the greater the showing on one, the less that must be shown on the other. Id. at §9:531. A court should only grant a preliminary injunction if the plaintiff shows a “reasonable probability” that it would prevail at trial and would suffer more harm from a denial than the defendant would suffer from its grant. Robbins v. Superior Court (1985) 38 Cal.3d 199, 205‐206. However, it is an abuse of ...