Excerpt: ...ruck. The letter demanded the return of the purchase price and unspecified costs incurred to repair the truck. The demand threatened to file an attached administrative complaint with the DMV, which contained several false statements: that a Carfax report demonstrated that there were six previous owners, when it reported five owners prior to Mr. Piccuta's purchase in January 2014; and that it had been stolen in 2005 and recovered by the police in ...

Excerpt: ... burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. (Cal Code Civ Proc § 437c(p)(2)) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof…If there is a single su...

Excerpt: ...hed by presenting undisputed facts that prove the contrary of Plaintiff's allegations, as a matter of law. See Weil & Brown, California Procedure Before Trial (TRG), §10:241. In support of their motion Defendants have relied on the testimony of Jared Mitchell as to his conduct before the accident in engaging his left turn signal and checking for traffic before making the left turn into the North driveway of Doc Auto [SSUF 47 ‐67]; the testimon...

Excerpt: ...not patiently listen to flimsy excuses and the claim of ignorance of the law.” (Gillingham v. Lawrence (1909) 11 Cal.App. 231, 234.) Defendant's claim that he did not receive notice of the motions to compel and motion for terminating sanctions is disingenuous given his appearance, and argument in opposition, at all court hearings herein. Defendant had many opportunities to comply with the court's orders and repeatedly chose not to despite havin...

Excerpt: ...ummary adjudication as the Fifth cause of action for violation of CA Business and Professions Code § 17200 is granted. First of all, defendant has not filed an opposition separate statement complying with CCP section 437 c (b)(3), therefore opposition separate statement is stricken for that reason. Moreover even if the Opposition were considered, CA Bus & Prof Code § 10130 states that it is unlawful for any person to act as a real estate broker...

Excerpt: ...ons as arbitrator: Hon. Christopher Cottle (ret.); Hon. Irwin Joseph (ret.); David Hamerslough, Esq.; Hon. Robert Baines (ret); and Hon. James Emerson (ret.). However, the Court invites Defendants to provide five names of proposed arbitrators for consideration by the Court at the time of the hearing of this Petition. The Court will then develop a final list of nominees from the names submitted by both parties. Pursuant to CCP § 1281.6, the parti...

Excerpt: ...not patiently listen to flimsy excuses and the claim of ignorance of the law.” (Gillingham v. Lawrence (1909) 11 Cal.App. 231, 234.) Defendant's claim that he did not receive notice of the motions to compel and motion for terminating sanctions is disingenuous given his appearance, and argument in opposition, at all court hearings herein. Defendant had many opportunities to comply with the court's orders and repeatedly chose not to despite havin...

Excerpt: ...ed pursuant to CCP §1281.6 only if the arbitration agreement fails to provide for an agreed method to appoint an arbitrator or if the agreed method fails or for any reason cannot be followed. Here, the parties' arbitration clause in the Attorney‐Client Bankruptcy Retainer Agreement at ¶11 provides: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration pursuant to the Rule...

Excerpt: ...2018. CCP Sec. 340.5 requires that such lawsuits be filed within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered the injury and its relationship to the defendant's conduct. Plaintiff's alleged injury is the loss of his driver's license in January 2016. His lawsuit was filed more than one year after he knew or should have known that Dr. Brunelli's report to the DMV caused the DMV to suspend...

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Excerpt: ... loan modification submitted 5/28/17. Therefore her cause of action could not have been listed as an asset when BK4 was filed on 7/23/14. The motion on the ground of lack of standing is denied. Defendant asserts that Plaintiff's claims are barred by the doctrine of judicial estoppel because she has taken inconsistent positions in the bankruptcy action and the subject lawsuit. Again, giving Plaintiff's allegations liberal construction, no cause of...

Excerpt: ...ement of abandonment of use of a fictitious business name, documents reflecting disposition of Granny Purps' assets, documents evidencing termination of any internet presence by Granny Purps in any form, and sworn declarations explaining the presence of grannypurpsonlinestore.com and the alleged solicitation of business via Facebook). If Petitioners are able to establish to the satisfaction of the Court that they have fully complied with the term...

Excerpt: ...LINGS DATE: JULY 12, 2018, TIME: 8:30 A.M. (SAC ¶ 26) Although Bank correctly points out that the First cause of action in the SAC has not been amended, upon further consideration, the declaration of compliance attached to the Notice of Default does not comply with the requirements of Civil Code § 2924b(b)(1). (It is not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which he descri...

Excerpt: ...s, their attorneys and their experts, solely as needed for this litigation. Upon completion of this litigation, counsel for the prevailing party is ordered to see that all copies of the plans distributed as a result of this litigation are destroyed. ...

Excerpt: ...12. ...

Excerpt: ...overns the Agreement, the choice of law provision in the Agreement governs the procedural aspects of the arbitration, not whether the Agreement is enforceable. (See, Rosenthal v. Great Western Fin. Securities Corp., (1996) 14 Cal. 4th 394, 409). Finally, as to whether the arbitration agreement is a contract of adhesion or unconscionable, the contract here complies with Civ. Proc § 1295 and Cal Health & Safety Code § 1599.81; therefore, it is no...

Excerpt: ...405.22. He has also failed to file a proof of service showing service in compliance with CCP §405.22. Therefore, pursuant to CCP §405.23, the lis pendens is void and invalid and must be removed. The Conservatorship Estate of Carl Lindow is awarded $5,670.00 in attorneys' fees and costs. ...

Excerpt: ...Court declines to consider the arguments advanced by Plaintiffs in their untimely filed papers. The demurrers are sustained without leave to amend. Plaintiff's SAC is uncertain and unintelligible. It cannot be determined from the allegations made by Plaintiffs what the claimed basis is for the imposition of liability against the State of California. Further, Plaintiffs do not identify any statutory basis for their claim (see Harshbarger v. City o...

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Excerpt: ...ff failure to properly serve the 30 day notice. While Plaintiff asserts that the court ignored “inherently ‘incredible' (sic) evidence”, and denied Plaintiff's motion to strike irrelevant evidence, the court does not consider evidence in ruling on a demurrer, and may only look to the four corners of the complaint. The court's ruling was based on the 30 day notice, attached as an exhibit to the FAC, which demonstrated on its face that servic...

Excerpt: ...ERS II, LLC The motion for judgment on the pleadings as to the Third Amended Complaint is GRANTED. Leave to amend is denied in the exercise of the Court's discretion and pursuant to CCP §430.41(e). A bona fide purchaser (“BFP”) for value who acquires its interest in real property without notice of another's asserted rights in the property takes the property free of such unknown rights. A party's status as a BFP renders the foreclosure sa...

Excerpt: ...ot contest the authenticity of, or anything about or related to the U4, U5 and the amendments it produced. Responding party is bound by this stated position in future proceedings in this case. RFP 9: Granted in part, denied in part, documents must be produced subject to protective order. Only social security numbers or other highly personal information (e.g. driver's license numbers) may be redacted. Names, addresses, substantive information, etc...

Excerpt: ...& Brown, California Procedure Before Trial (TRG), §§10:51.1, 10:257. Plaintiff's unverified FAC challenges the validity of the March 2017 election of officers of CUTA. Only a director, a member, or a person who has a right to vote has standing to challenge an election of corporate officers. Corps. Code §7616. In November 2016 the Executive Committee of CUTA removed Plaintiff from his office as President, and suspended his membership in CUTA fo...

Excerpt: ..., and the skill displayed in presenting them; (2) the extent to which the nature of the litigation precluded other employment by the attorneys; (3) the contingent nature of the fee award; (4) the fact that an award would ultimately fall upon the taxpayers; (5) the results obtained; (6) the public interest value of the case; and (7) delay in payment. Serrano v. Priest, 20 Cal. 3d 25 (Cal. Oct. 4, 1977). The court will continue the matter to allow ...

Excerpt: ...ent on the pleadings. Plaintiff is instructed to appear at the hearing prepared to (1) provide the court with the status of any stay issued by the Bankruptcy Court; and (2) explain why the Bankruptcy Trustee is not the proper party to pursue this action. ...