Excerpt: ...doctor's discharge order and a safe discharge option. When these conditions are not met, Kindred must continue to treat the patient. Acute care hospitals, like Kindred's, operate at a much higher care level than skilled nursing facilities. (FAC "14-7.) Kindred believes defendant SCMMMCC ("Alliance") is a regional county organized health system formed to administer the Medicare (Medi-Cal) managed care program in Santa Cruz, Monterey, and Merced co...

Excerpt: ...alendar conflict. In support of their motion, counsel for moving parties states he has a calendar conflict with this trial date and that he was assigned as trial counsel to this case after prior counsel resigned. He is to start trial in Stanislaus County on February 6, 2024. Mr. Hermanson states: "the trial judge in the Stanislaus County [case] advised there would be no additional contnuances. Also, I see no chance of the Stanislaus County case r...

Excerpt: ... at the post office, employees called the police when he refused to leave, and when confronted by Offcer Fletes, he insisted the officer write a report regarding the postal employees' treatment of him. The officer told him if he did not leave, he'd be arrested for trespassing. Ultimately, Plaintiff left and no arrest was made. No physical contact occurred between Plaintiff and Officer Fletes. (Complaint 31, 71, 79, 111, 115, 119, 170, 172, 175, 1...

Excerpt: ...side the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the 564.6.) "It is for the trial court to determine in the first instance whether the parties have entered into an enforceable settlement. [Citation.] In making that determination, 'the trial court acts as the trier of fact, determining whether the parties entered into a valid ...

Excerpt: .../23. (Complaint 98.) LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 16, 2023 TIME: 8:30 A.M. Page 3 of 13 Fraud allegations must be pleaded with more detail than other causes of achon. (Heritage Pac. Fin„ LLC v. Monroy (2013) 215 Cal.App.4th 972, 989.) The facts constituting the fraud, including every element of the cause of action, must be alleged "factually and specifically," i.e., the plaintiff must plead facts showing the defendant's misre...

Excerpt: ... 2017, the parties entered into a Forbearance and Release Agreement where defendants reaffirmed their obligations under the Agreement and Guaranty and agreed to make payments pursuant to the Agreement. Plaintiff alleges payments have not been paid. Causes of achon alleged are: 1) breach of business loan agreement- against Borrower, 2) breach of guaranty (against Guarantors), 3) account stated (against all Defendants), 4) money had a received (aga...

Excerpt: ... and CSAA. The case stems from the alleged mishandling of Ms. Mlynar's claim to her insurance carrier for property damage to her home after the Napa earthquake of 2014. Specifically, she alleges that Defendant Cook, who was present representing CEA and CSAA, assaulted her at a site inspection. As to CSAA, Ms. Mlynar asserts it failed to conduct inspections on her home as she requested and refused to provide her with an accurate estmate of the rep...

Excerpt: ...Resources, Inc. and CSWR-California utility Operating Company ("CSWR".) This Complaint was filed on October 24, 2023 for civil penalties, injunctive, and other equitable relief. Specifically, the Complaint was brought to "enforce several Central Coast Water Board orders and addressing separate but interrelated water quality and permitting violations at a wastewater treatment plant ("WWTP") near Boulder Creek in Santa Cruz County." (Complaint at '...

Excerpt: ...duct of proceedings before it, or its offcers."l and (a)(5) ["Every court shall have the power to do all of the following: To control in furtherance of justice, the conduct of its ministerial offcers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. "l. A. Exclusive concurrent jurisdiction: The rule of exclusive concurrent jurisdiction "is a judicial rule of priority or pre...

Excerpt: ... million in cash, to be paid in quarterly installments that would result in full payment by the end of 2022. (Complaint at 13, Ex. A to Complaint) Florival and Island Global made an agreement to extend the purchase payment schedule by an additional year to allow Defendant to invest in the infrastructure of its cannabis operation. (Complaint at 915.) Island experienced financial trouble and was acquired by 4Front. (Complaint 14.) Florival has not ...

Excerpt: ... related to an auto accident that occurred on 10/26/22. A truck operated by Ortega Berry Farms rearended Ms. Allison's car, which in turn, rearended the Plaintiffs' car. On 8/4/23, this Court granted Plaintiffs' attornevs motion to be relieved, on the grounds there were communication issues and his clients had not cooperated with prosecuting the case. Plaintiffs have failed to respond to any discovery in this action. As a result, Defendant Alliso...

Excerpt: ...n shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. (c) The motion for summary judgment shall be granted if all the papers submitted show that there is no tria...

Excerpt: ...nts") The Project is a 74,218 square foot, two-story senior housing facility that consists of a total of 76 units, including 59 assisted living units, and15 memory care units. Thirteen of the units will have full kitchens, and three of these units will be affordable housing. The Project is located on a 3-acre parcel on Pelton Avenue, (the former site of Gateway School), adjacent to the 3.97- acre parcel on West Cliff Drive occupied by St. Joseph'...

Excerpt: ...) negligent supervision of a minor; and (5) breach of mandatory duty. Here, the District argues that the Legislature has exceeded its authority in reviving old childhood sexual assault actions since to do so strips public entities of their sovereign immunity. The motion is denied since the Legislature has consistently expressed its desire that sex abuse victims, regardless of time-barred actions, be able to seek redress against both private and p...

Excerpt: ...egislature has exceeded its authority in reviving old childhood sexual assault actions since to do so strips public entities of their sovereign immunity. The motion is denied since the Legislature has consistently expressed its desire that sex abuse victims, regardless of time-barred actions, be able to seek redress against both private and public entities and this Court will not disturb the Legislature's revival of these claims. REVIVAL ACTIONS ...

Excerpt: ... 6/22/22 and alleges breach of contract, implied covenant of good faith and fair dealing, conversion, trespass to chattels, negligence, violation of Cal. Business and Prof. Code 517200 and declaratory relief. The Complaint, in pertinent part, alleges "[a]s a result of the Defendants' refusal to abide by the terms of the Contract and continued unlawful possession, custody, and/or control of the Association's records and files, Plaintiff has been d...

Excerpt: ... judgment in the amount of as well as $15,681.83 in attorney's fees and costs. of Ball at 92.) On March 3, 2023 the court entered an amended judgment with prejudgment interest of $42,191.80 and $15,681.83 in attorney's fees. of Ball at 4.) Judgement Creditor asserts as of July 25, 2023, the amount of unpaid stands at $808,518.77. (Dec. of Ball at 98.) Judgment Creditors now seek an Order Charging Interest in a Limited Liability Company. Specifica...

Excerpt: ...ct of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory." Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. To survive a demurrer, the complaint need only allege facts sufficient to ...

Excerpt: ...otion for summary judgment/adjudication is denied on the grounds there are material facts in dispute as to Plaintiff's status as an employee or an independent contra ctor. The Court also declines to contnue this motion on the grounds that no adequate showing has been made to justify any continuance pursuant to CCP S437c(h). Plaintiff's motion for leave to file a Second Amended Complaint (SAC) is granted to name new defendant Alliance Manufactured...

Excerpt: ...efendant formed a partnership which involved a business called Santa Cruz Parkour as well as "Beism." On January 11, 2023 Defendant alleges he was terminated by Plaintiff and barred him from the premises. This suit ensued; Plaintiff alleges breach of contract, breach of fiduciary duty, breach of the duty of faith and fair dealing, conversion, dissolution of partnership, accounting, failure to pay minimum wage and overtime, failure to provide meal...

Excerpt: ...rrow the time span to 10 years, instead of 18, and argues the contracts are necessary to show the working relationship between Arborworks and the State, and to prepare for depositions with Arborworks and State personnel. Arborworks' objections are well taken. Plaintiff has failed to justify why 10 or more years of contracts between Arborworks and every division of the state is relevant or will lead to relevant evidence related to the relationship...

Excerpt: ..., 2021, Timothy Staley used Plaintiff's personal identifying information, without her authorization, to obtain credit, goods, services, money or property from defendant Capital One. She Staley obtained a credit account, namely a consumer automobile loan issued by Capital One and added the name of Plaintiff as a co-signer. (Complaint at 912.) Plaintiff asserts that at no time did she use or possess the services, money or property obtained with the...

Excerpt: ...tions to Strike bought by all Cross-Defendants and a Demurrer brought by the Goldsmith Cross-Defendants. As explained below, the two ant-SLAPP motions are granted. MOTIONS TO STRIKE A. Factual and Procedural Background On April 12, 2W8 Brent Nunn took out a private student loan in the amount of $30,0W from Bank of America to attend Academy of Art University. His mother, Martinette, was the co- signer. Payments, made by Mr. Nunn's father, in the a...

Excerpt: ...f the claim and parties affected. Ibid. Where the complaint is so confusing, a defendant cannot tell what it must answer for, then a demurrer may be appropriate. Ibid. , citing Williams v. Beechnut Nutrition corp. (1986) 185 cal.App.3d 135, 139, fn. 2; see also ccp 5430.10(f). The FAC is 75 pages (304 paragraphs) primarily describing an alleged sexual battery of her by Defendant Jon Jones, her housemate in the Monarch Housing Project, an affordab...

Excerpt: ... pursuant to that order. In short, Defendant's communication at issue is subject to the litigation privilege and she is entitled to quasi-judicial immunity based upon her court-ordered services. Such privilege and immunity prevents Plaintiff from recovering any damages from her. 1. Complaint allegations at issue: Plaintiff filed his complaint on 8/10/20 against Defendant Ouse for (1) recovery of fees unlawfully charged for supervised visitation; ...

Excerpt: ...ponses, without objection, to the discovery requests. Sanctions were levied in the amount of $3,575 against Farber and his counsel. Defendant filed another motion to compel, seeking terminating or evidentiary sanctions, which was unopposed. The Court issued the following order on July 19, 2023: "Farber is ordered to comply with the Court's 4/17/23 order and served verified responses to request for production of documents, set one, and form and sp...

Excerpt: ...fs now bring this motion for attorney's fees as they are the prevailing party after jury trial, pursuant to Code of Civil Procedure SS 1032(4) and 1033(5) and per the real estate contract. Paragraph 25 of the contract states: "ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of the Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing ...

Excerpt: ...pany. The complaint alleges that on September 4, 2002 Peter Keyes (husband to Pamela Keyes) sold real property located at 330 River Road in Boulder Creek, to the Bakers. The Keyes received a promissory note and deed of trust from the Bakers. Monthly payments to be made to the Bakers in the amount of $1500. LAW AND MOTION TENTATIVE RULINGS DATE: OCTOBER 4, 2023 TIME: 8:30 A.M. Page 2 of 8 After Mr. Keyes passed away on January 6, 2021, Plaintiff r...

Excerpt: ... court or orally before the court, for se
©lement of the case, or part thereof, the court, upon mo
Ÿon, may enter judgment pursuant to the terms of the se
©lement."§ 664.6. "It is for the trial court to determine in the Þrst instance whether the par
Ÿes have entered into an enforceable se
©lement. [Cita
Ÿon.] In making that determina
Ÿon, 'the trial court acts as the trier of fact, determining whether the par
Ÿes entered into a valid an...

Excerpt: ... Desilva Gates ("DGC"). A cross-complaint for the following causes of action was filed by Scotts Valley Land, LLC, Sullivan Land Developer, LLC and James F. Sullivan: Express indemnity against DeSilva Gates, Superior Hydroseeding, and D&S; implied indemnity or partial indemnity; and apportionment and declaratory relief. Plaintiff has settled with Defendants. The cross-complaint against DGC, which is the subject of this motion, is still operative....

Excerpt: ...at County's drainage system for Skyview Terrace Drive altered the natural drainage system by diverting waters from two County roads through a single culvert located on Plaintiffs' property and two other parcels. This created erosion gullies that without stabilization, would eventually result in a large gully running underneath Plaintiffs' family home and render it uninhabitable. Plaintiffs' Complaint alleges causes of action for inverse, private ...

Excerpt: ...e Lynne A. Bui Living Trust. Ms. Bui is trustee of the trust. The complaint alleges on or about May 17, 2021, Plaintiff Santa Cruz County Bank (SCC8) and Bui, with the Bui Trust as guarantor, entered into a lender-borrower relationship. SCCB and Bui signed and executed a promissory note where SCC8 contracted to lend $1,000,000 to Bui. (Promissory Note is attached as Ex. A.) In connecton with the Note, the Bui Trust executed a commercial guaranty ...

Excerpt: ... hours reasonably expended multiplied by the reasonable hourly rate prevailing in the community for similar work. The lodestar amount may be adjusted by such factors as the moving party's attorney's experience and abilities, and the novelty and difficulty of the issues involved in the motion." (ld. at S 7:1139.) "The lodestar determination also requires the trial court to determine the reasonable hourly rate of each attorney claiming fees." (Pear...

Excerpt: ...15.50, a summons may be served by publication if upon affidavit it appears to the satisfaction of the Court that: (1) the party to be served cannot with reasonable diligence be served in another manner; and (2) a cause of action exists against the party upon whom service is to be made orthe party to be served has an interest in property that is subject to the jurisdiction of the court or the relief demanded in the action would exclude the party f...

Excerpt: ...irer and supervisor. (FAC 6-10, 13, 24-34, 36-40, 62) Generally, a person has no legal duty to protect others from the conduct of third parties. Brown v. USA Taekwondo (2021) 11 Cal.5th 204, 214. But this general rule is "not absolute," and courts have recognized a number of exceptions. ld. at 215. Relevant here, "[iln a case involving harm caused by a third party, a person may have an affrmative duty to protect the victim of another's harm if th...

Excerpt: ...On November 22, 2023, the Selifonovs filed a verified first amended cross-complaint against Huber/sutliff for quiet title, private nuisance, trespass, dec relief, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence and assault. On January 30, 2023, Huber/ Sutliff filed Answer to First Amended Cross-complaint. Then, on April 20, 2023 new defense counsel associated into the case for Huber/sutliff. On...

Excerpt: ...argo) alleges defendant Nick Jakubowski (Jakubowski) applied for and received a credit card and incurred charges but failed to repay an owed amount of $8,886.64. We Is Fargo's form complaint, filed on October 2, 2022, alleges breach of written contract, breach of contact (implied in fact), common counts for money lent and money paid, common counts- open book account for money due and account stated. On October 26, 2022 Jakubowski filed an answer ...

Excerpt: ...n Reply, Plaintiff seeks $11,153) Defendant AMH opposes the motion on the grounds that Plaintiff failed to meet and confer, Plaintiff fails to establish good cause for further responses, and Defendant's responses and productions are code compliant. Defendant also seeks sanctions of $9,630 against both Plaintiff and her counsel for discovery misuse. The parties' papers establish the following: 4/14/23 Plaintiff serves RPD Sets One, Three on AMH (Z...

Excerpt: ...d Plaintiff that it would not release the records without a court order, and that it would not oppose any effort by Plaintiff seeking such an order. The subpæna seeks "[a]ny and all documents including, but not limited to, the complete investigation and/or police file, all reports, investigative reports, photographs, videos, surveillance closed circuit (CCTV) surveillance footage, written witness statements, detective reports and/or detective in...

Excerpt: ... modification, or reversal of existing law. ' In either case, to obtain sanctions, the moving party must show the party's conduct in asserting the claim was objectively unreasonable. A claim is objectively unreasonable if any reasonable attorney would agree that it is totally and completely without merit." Bucur v. Ahmad (2016) 244 Cal.App.4th 175, 189. (CCP 128.7 sanctions properly imposed where it was obvious that plaintiffs' claims were barred...

Excerpt: ...n re: Compliance with Meet and Confer Requirement. The same meet and confer process for filing a demurrer or a motion to strike must be followed before filing a motion for judgment on the pleadings under Code of Civil Procedure S 438. (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) S 7:309; Code of Civil Procedure S 439.) Before a statutory motion for judgment on the pleadings, moving party's counsel must meet and confer, in p...

Excerpt: ...conomic loss rule. a) The Economic Loss Rule may not bar Plaintiff's tort claims Economic loss consists of damages for inadequate value, costs of repair and replacement of the defective product or consequent loss of profits without any claim of personal injury or damages to other property. Robinson Helicopter Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988. An economic loss consists of damages for inadequate value, costs of repair, and replacement,...

Excerpt: ...ses the motion on the recent case of Randy's Trucking Inc. v. Superior Court of Kern County (2023) 91 Cal.App.5 th 818. Plaintiff contends the Court has broad power to reconsider a prior order on the basis of new or different law pursuant to Code of Civ. Pro. SIW8(a). Plaintiff asserts the new case, cited above, is controlling. In that case, a mental examination was set by defense counsel and plaintiff's counsel refused to permit the exam to go f...

Excerpt: ... (US Post Office) with a report that someone was trespassing and refusing to leave. Both reports indicate that the incident was handled at the scene. It does not appear that anyone was arrested or detained. No suspects' names or descriptions are listed in the Disclosure forms. (Ex. A to Petition) LAW AND MOTION TENTATIVE RULINGS DATE: SEPTEMBER 11, 2023 TIME: 8:30 A.M. Page 6 of 10 Petitioner claims that he suffered a bodily injury as a direct re...

Excerpt: ... materials for repairs to the greenhouse. (Points & Authorities at pg. 3.) Mr. Morales is a handyman who performed work for Ricardo Yerena, a former owner of Innovative. Mr. Yerena had access to Mr. Morales's insurance information as well as his handyman license number. Mr. Yerena provided this information to Front Range and represented Mr. Morales would perform the work. Mr. Morales provided a labor quote but decided not to perform the work at t...

Excerpt: ... filed by Iron Bridge Mortgage and Gerard Stascausky against Alvarez for fraud, and violations of 8 &P S 17200. On April 21, 2023, a First Amended Complaint was filed by Plaintiffs, alleging fraud, declaratory relief, accounting, quiet title, unfair business practices, breach of fiduciary duty, negligence. The FAC seeks, in addition to general damages, $50 million, punitive damages, and attornevs fees and costs. On May 17, 2023, Defendants filed ...

Excerpt: ...a complaint for negligence, negligence per se, trespass, conversion, tortious interference with contractual relations, and injunctive relief based on the allegation the County has been incorrectly testing for THC in commercial hemp crops since 2019. This resulted in Plaintiff's loss of 15 acres of commercial hemp. (Complaint '12) Following Defendants' motion for summary judgment/adjudication, the only remaining causes of action are negligence and...

Excerpt: ... 16, 2023 which did not raise any affrmative defenses. Motion Before the Court is a statutory motion for judgment on the pleadings, filed by the Plaintiff. The proof of service indicates Defendant was served with the motion. No opposition has been filed. Pursuant to Cade of Civil Procedure S 438(c)(1)(A), a motion for judgment on the pleadings brought by the plaintiff can only be granted if (1) the complaint states facts sufficient to constitute ...

Excerpt: ...e pleadings are drawn in violation of a law, rule or court order. Code of Civ. Proc. S 436. A motion to strike, like a demurrer, is confined to the pleadings and matters judicially noticed. Motions to strike must be filed "within the time allowed to respond to a pleading, e.g., 30 days from service of the complaint unless extended by order of the court. CCP The motion is untimely since it was filed well beyond the time to file any responsive plea...

Excerpt: ... Motions to Strike bought by all Cross-Defendants and a Demurrer brought by the Goldsmith Cross-Defendants. As explained below, the Court overrules the demurrer. The ant-SLAPP motons are granted in part and denied in part. CROSS-DEFENDANTS GOLDSMITH & HULL, A. P.C'S DEMURRER LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 31, 2023 TIME: 8:30 A.M. Page 5 of 19 The Goldsmith Cross-Defendants demurrer is overruled. The Goldsmith Cross-Defendants asser...