Excerpt: ... Plaintiff 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 SCCB contracted to lend $1,000,000 to Bui. (Promissory Note is attached as Ex. A.) In connection with the Note, the Bui Trust executed a commercial guaranty (attached as Ex. B.) The Note matured by its own terms on May 17, 2022. The terms of the various agreement provide Defendant will pay...

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) Petitioner claims that he suffered a bodily injury as a direct result of the alleged illegal use of police powers that were designed and calculated to i...

Excerpt: ...(a foster family agency) which ran a service called Homes for Kids. Defendant Seneca Family Services merged with Above the Line in 2016. Plaintiff as placed in a foster home and asserts she was sexually abused. Specifically, Plaintiff contends she often visited the home of her foster's mother's sister, Angelique Millhouse. While at this home, Plaintiff contends she was groomed by her adult sons and sexually abused by them. , including Julian Rand...

Excerpt: ...a commercial cannabis cultivation enterprise without a license and gave notce of $7,500 in administrative penalties. Petitioner appealed to the County's administrative hearing officer, who after several days of testimony, found in favor of County, upheld the citation, and ordered him to pay $5,000 in civil penalties. Petitioner appealed that ruling pursuant to Gov. Code S 53069.4(b)(1). Following a review of the local agency file, the Court found...

Excerpt: ...erty (Ret.). The award, issued 5/23/23, requires Respondents to pay Petitioners $252,581.56 in damages and attorneys' and costs. Petitioners move to confirm the award pursuant to CCP #1285, 1287.4. Respondents oppose the petition and ask this Court to vacate the award. argue the arbitrator exceeded his authority by finding that Petitioners failed to establish any claim on grounds of fraud, yet determined they were prevailing parties, and he ignor...

Excerpt: ...the trial court. Continental Baking Co. v. Katz (1958) 68 Cal.2d 512, 527. A reviewing court will not reverse that decision except for an abuse of discretion. People v. Black's Food Store (1940) 16 Cal.2d 59, 61. The purpose of the injunction is to preserve the status quo pending litigation on the merits. The burden of proof is on the moving party to show the elements necessary to support the issuance of a preliminary injunction. Weil & Brown, Ci...

Excerpt: ...to the deadlines for filing a motion to augment the record, and filing the opposition to such a motion. Nevertheless, the Court will consider the parties' positions and arguments in their respective (albeit untimely) pleadings, and rule on the merits. DISCUSSION Standards for augmentation of an administrative record Petitioners are challenging actions taken by the Regents in publicly noticed hearings. (See Petition, parag. 34). Where, as here, a ...

Excerpt: ...f is stated, that aspect 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 alleg...

Excerpt: ...GUST 21, 2023 TIME: 8:30 A.M. Page 2 of 2 The discovery burden is undue only if the inconvenience and expense of responding clearly outweigh the benefits likely obtained if the discovery is answered. ld. at 58:1008.1. The objecting party must supply evidence to support its claim of undue or excessive burden, showing the quantum of work required. Absent such evidence, the court has nothing "upon which to base a comparative judgment that any respon...

Excerpt: ...evs fees is denied. l. Factual and Procedural Background Petitioners own property located on Pleasure Point Drive, in unincorporated Santa Cruz County. On September 8, 2004, the California Coastal Commission (hereinafter "CCC") granted Petitioners a Coastal Development Permit (hereinafter "CDP".) The permit noted the development was within the coastal zone. (AROOOOI).I A CDP extension was granted to Petitioners until September 8, 2007. (AR000070)...

Excerpt: ...sanctions are also imposed against Defendant in the amount of $2,160.00, payable to Plaintiff within 14 days of the hearing. Plaintiff's Request for Judicial Notice: 1. Plaintiff's Complaint in this action, filed 2/22/23: Granted 2. Defendant's Answer, filed 3/27/23: Granted DEFENDANT'S MOTION TO RECLASSIFY ACTION AS LIM TED JURISDICTION CASE The motion is denied. "Amount in controversy" means the amount of the demand, recovery sought, value of t...

Excerpt: ...e Receiver William Rahal is hereby discharged and the case shall be dismissed. However, the Court shall retain any jurisdiction to hear claims related to this Receivership pursuant to Cal. Code of Civ. Procedure S 664. As to the issue of attorneys' fees and costs, Special Counsel seeks $159,496.62 in reimbursement since May 1, 2020. ($156,496 in unpaid attorneys' fees and $2,801.62 in costs.) According to the 224 pages of billing records, this am...

Excerpt: ...rtious 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) Defendants move for summary judgment and/or summary adjudication of all five causes of action and the demand for injunctive relief. Prior to the hearing on this matter, Plaintiff dismissed ...

Excerpt: ...ed. l. FACTUAL BACKGROUND At the time he was fired in 2021, Plaintiff David Ball was a police sergeant and had worked at the Scotts Valley Police Department ("SVPD") in various positions and assignments for 26 years. His termination was based upon the following violations of City policy: discrimination; sexual harassment; supervisor responsibilities; ethics; relationships; performance; and conduct. City alleged and was successful in demonstrating...

Excerpt: ...Ramos and Damus Rodriguez. Plaintiff's Complaint alleged 13 separate causes of action, but proceeded to trial on seven: six related to failure to pay wages (counts 1, 2, 3, 4, 5, and 13) and one for personal injury (count 8). The verdict found for Plaintiff in the amount of $14,860 in unpaid wages, $15,600 for lost earnings related to her personal injury claim, $25,000 for past noneconomic harm and $0 for future noneconomic harm. The Court accept...

Excerpt: ...AW AND MOTION TENTATIVE RULINGS DATE: AUGUST 4, 2023 TIME: 8:30 A.M. Page 13 of 24 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT As explained below, Defendants Central California Alliance for Health ("Alliance"), Brenda Hill, Linda Forbes, and Heather Perko's motion for summary judgment as to liability is granted. Plaintiff has failed to meet her burden of production of admissible evidence setting forth specific facts showing a triable issue of materia...

Excerpt: ...es (hereinafter "Cazareses" own land where an acc:ident occurred involving Plaintiff. On July 1, 2017, the Cazareses leased a portion of their land to Faith and Family Farms ("FFF"). (UMF #14) This land included three greenhouses, one of which is the location of the subject accident. (UMF #14-15). FFF entered -nto a written consulting agreement with Long's Peak Ag, dated August 1, 2019. Longs Peak was perm-tted to occupy Greenhouse #2 and half of...

Excerpt: ... by the evidence. For example, most of the requests for admission that were deemed admitted on emotional distress establish that Plaintiff's distress is primarily due to events of the litigation. (SMF Nos. 15, 26-38, 45-52.) Plaintiff is not entitled to relief for emotional distress caused by the litigation process. Civil Code 547(2); Bergstein v. Stroock & Stroock & Lavan LLP (2015) 236 cal.App.4th 793, 814; Silberg v. Anderson (1990) 50 cal.3d ...

Excerpt: ...s accepts as true the factual allegations that the plaintiff makes. In addition, it gives them a liberal construction. Eckler v. Neutragena Corp. (2015) 238 Cal.App.4th 433, 439; Gerawan Farming, Inc. v. Lyons (2000) 24 cal.4th 468, 515-515. Although Code Civ. Proc. S 438 does not state that the failure to join an indispensable party may be a basis for a motion for judgment on the pleadings, "the objection that an indispensable party has been omi...

Excerpt: ...ng on Petitioner's prior motions, the Court gave her clear instructions on what was necessary in order to comply with these Rules and conditioned any future motion on "full" compliance. In its January 24, 2023 Order denying Petitioner's last motion for leave to amend, the Court warned Petitioner that because of the delay caused by her continued failure to adhere to procedural rules, "any future non-conforming amendment will result in a denial of ...

Excerpt: ...r conditional release in 2019 by the State Department of State Hospitals. Santa Cruz County was determined to be Cheek's domicile of residence. (People v. sup. ct. (Cheek) (2023) 87 cal. App. 5th 373, 376-377.) Plaintiffs in this case are twenty-two homeowners in Bonny Doon, California who brought this action on December 30, 2020 against Kassandra Hinton Ross who owns the property located at 310 Wild Iris Lane, where it was proposed Cheek be plac...

Excerpt: ...ge. (FAC '1 7) Further, without authority establishing that Plaintiffs need allege that their claims have not been litigated to finality, District's final argument is unpersuasive. Plaintiffs' initial complaint was filed on 12/29/22 within the operative limitations period. SANTA CRUZ CITY SCHOOLS' DEMURRER The demurrer is overruled. A. General overview of revival statute AB 218 amended CCP S 340.1 to create a three-year "lookback window," which r...

Excerpt: ...s accepts as true the factual allegations that the plaintiff makes. In addition, it gives them a liberal construction. Eckler v. Neutragena Corp. (2015) 238 Cal.App.4th 433, 439; Gerawan Farming, Inc. v. Lyons (2000) 24 cal.4th 468, 515-515. Although Code Civ. Proc. S 438 does not state that the failure to join an indispensable party may be a basis for a motion for judgment on the pleadings, "the objection that an indispensable party has been omi...

Excerpt: ...at determina
Ÿon, 'the trial court acts as the trier of fact, determining whether the par
Ÿes entered into a valid and binding se
©lement. [Cita
Ÿon.] . . .'" Osumi v. Su
©on (2007) 151 Cal.App.4th 1355, 1360; In re Marriage of Assemi (1994) 7 Cal.4th 896, 905 [trial court must "resolve [the] disputed issues and ul
Ÿmately determine whether the par
Ÿes reached a binding mutual accord as to the material terms"]. "The trial court's factual �...

Excerpt: ..., and declaratory relief. Specifically, the allegations were that Defendant executed and delivered to Plaintiff a commercial loan agreement in the amount of $150,000. Defendant was to pay the amount on or before October 2, 2018. The amount was not paid. On October 15, 2019, default judgment was entered against Judgment Debtor Mejorado by the court in the amount of $256,755. On November 4, 2021 Judgment Creditor filed a motion for orderto charge M...

Excerpt: ...$690ßn Alyssa Gill $460,cm Stephen Whitmire $1,684,167.82 Torrey Whitmire $230ßn LAW AND MOTION TENTATIVE RULINGS DATE: JULY 20, 2023 TIME: 8:30 A.M. Page 2 of 5 Defendant Caltrans seeks relief from this Court in the form of a motion for judgment notwthstanding the verdict and Defendant Hildebrand and Sons Trucking seeks to tax costs presented by the Gill Plaintiffs. In ruling on these motions, the Court heard the evidence presented at trial, r...

Excerpt: ...ND FOR SANCTIONS LAW AND MOTION TENTATIVE RULINGS DATE: JULY 19, 2023 TIME: 8:30 A.M. Page 2 of 3 PLAINTIFF KHOREV'S MOTION TO COMPEL RESPONSES FROM DEFENDANT WELLS TO FORM INTERROGATORIES AND FOR SANCTIONS Khorev's motions against these four defendants are denied. Based on the hundreds of requests and the hundreds of pages of moving and oppositions papers (over 440 pages in Separate Statements alone, not counting the opposing Separate Statements...

Excerpt: ...ndisputed facts and Plaintiffs offer no contrary evidence to establish any disputed material fact. This is an action for personal injuries susta-ned by Plaintiffs after Defendant's employee allegedly intentionally kicked Plaintiff Robert Arias while he and his wife were shopping. Plaintiffs brought claims for premises liability, general negligence, loss of consortium, and injuries pursuant to Dillon v. Legg. Plaintiff Sheila Arias claims to have ...

Excerpt: ...e allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1215, 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, st...

Excerpt: ...ncertainty can be sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) LAW AND MOTION TENTATIVE RULINGS DATE: JULY 13, 2023 TIME: 8:30 A.M. Page 6 of 8 "A demurrer for uncertainty will be susta-ned only where the complaint is so bad that defendant cannot reasonably respond, i.e„ he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her." Weil &...

Excerpt: ...er or judgment, as defined in the statutes and develo#d by the case law.. " City of Gardena v. Rikuo Corp. (2011) 192 Cal.App.4th 595, 601, quoting Lavine v. Jessup (1957) 43 Cal.2d 511,513). Under section CCP section 940.1 (a)(l), with some exceptions, an ap#al may be taken from "a judgment, except (A) an interlocutory judgment... ." This is the "one final judgment rule," under which an appeal may ordinarily be taken only from a final judgment. ...

Excerpt: ...foreclosure. On 12/10/04 there was a real estate transacton involving the subject property which Plaintiff alleges resulted in him losing his community property interest in the property. Or-ginally, when they purchased the property in 1998, the property's grant deed was in the name of his wife but he alleges it was a community asset and paid for with community funds. Defendant ZBS alleges that the deed was executed by Plaintiff's wife, Kimberly C...

Excerpt: ...d, Defendant was granted a further extension and responses were due on November 7, 2022. Plaintiff served unverified responses on November 7, 2022. Additional extensions were requested and granted. (Exs. A, B Declaration of Martino) April 14, 2023 was the date of the last extension granted to Plaintiff. (Dec. of Martino at 6.) CSAA then filed this motion on May 11, 2023 when no supplemental responses were served. On June 23, 2023, Plaintiff serve...

Excerpt: ... 5, 2023 TIME: 8:30 A.M. Page 3 of 6 discretion but not the obligaton to stay the state court action . In exercising its discretion, the court should consider the importance of discouraging multiple litigation designed solely to harass an adverse party, and of avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction b...

Excerpt: ...plication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The Notice of Entry of Order on the underlying motion was served by regular and electronic mail on Angeles Contractor on 12/9/23. Therefore, any motion by Angeles Contractor to reconsider the Court's order must have been filed by 12/19/22. The motion was untimely filed on 12/28/22. Even when a motion for reconsideratio...

Excerpt: ...ff Ferguson's initial complaint, served on Arborworks on 3/18/22, included claims for premises liability, peculiar risk, dangerous condition of public property, and negligence, and articulated all the facts related to his personal injuries against the State, County and Arborworks. While Ferguson agreed to amend his complaint to allege more specific statutory violations against State at State's urging (see Ferguson's Memorandum in Support of Mohon...

Excerpt: ...(2009) 45 Cal.4th 992, 998; Cundiff v. GTE Cal. , Inc. 101 Cal.App.4th 1395, 1405. Ifthe complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect 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...

Excerpt: ...o Title Ins. co. (1999) 70 cal.App.4th 1047, 1063. Further, Plaintiffs argue without legal authority that since subdivision (c) of Emergency rule 9 (Cal. Rules of Court, Appx.), the sunset provision, was adopted after their cause of action accrued, they then get a benefit of the Covid-19 emergency tolling period. They do not indicate when their statute would have run under their theory. This is likely because it is impossible to do; their cause o...

Excerpt: ... A.M. Page 2 of 6 Based on the judicially noticed documents herein, this demurrer is sustained without leave to amend and the case is dismissed based on res judicata. Plaintiff's Complaint also fails to comply with California Rules of Court, Rules 2.108, 2.109, 2.110 [lack of line numbers, page numbers, and footers]. Considering Plaintiff's extensive history of initiating self-represented legal proceedings, she is aware of court requirements for ...

Excerpt: ...laintiff's property (apparently related to the previous lawsuit) which caused Plaintiff's attempt to sell his property and purchase anotherto fall through. (SAC "1 66-85) Where the complaint prevents a party from reasonably determining what issues must be admitted or denied, or what counts are alleged against it, a demurrer for uncertainty can be sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) Where several claims ar...

Excerpt: ...right of petition or free speech in connection with a public issue." Where a cause of action is "mixed," and is based on both protected and non- protected activity, the entire cause of action may be stricken under 5425.16 if the principal thrust or gravamen of the claim is protected activity. Ifthe court determines that the moving party has made this threshold showing, the burden shifts to the other partyto demonstrate a probability of prevailing...

Excerpt: ...plication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The Notice of Entry of Order on the underlying motion was served by regular and electronic mail on Angeles Contractor on 12/9/23. Therefore, any motion by Angeles Contractor to reconsider the Court's order must have been filed by 12/19/22. The motion was untimely filed on 12/28/22. Even when a motion for reconsideratio...

Excerpt: ...ncy of a pleading "by raising questions of aw." (Postley v. Harvey (1984) 153 Cal.App.3d 280, 286.) The court " ' "treat[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.) The court has reviewed the demurrers, as well as the objections and replies. The court notes counsel for Plaintiff, in opposition, attached ...

Excerpt: ...er continued hearings and supplemental br-efing this Court granted Defendant's petition to compel arbitration as to John and Ann's claims for elder abuse, violation of patent's bill of rights and fraud; denied the petition as to Paul William's claim for wrongful death; and stayed the judicial proceedings, with Paul's claim to trail the arbitration in Superior Court. On 1/28/21, Plaintiffs stipulated to submitting the entre matter to arbitration b...

Excerpt: ...covery was served on 7/13/22. (Sinha Declaration, Exs. A and 8) Defendants served unverified and incomplete responses on 9/12/22. (Sinha Decl. Exs. C and D) Following meet and confer, Defendants served verified supplemental responses for all of the requests in dispute on 4/14/23. (Sinha Decl„ Exs. E, F, G) On 4/18/23, defense counsel Ms. Sinha inquired via email about the absence of the photographs and repair information related to the County's...

Excerpt: ...requires Respondent to pay Petitioners $266,276.02, orders specific performance of the purchase contract, requires Respondent to deposit a deed in escrow within 30 days of Petitioners' deposit of the purchase price in escrow, awards costs of suit of $29,287.52, and attorneys' fees of $105,023.50. Petitioners move to confirm the award pursuant to CCP #1285, 1287.4. Respondent moves to vacate the award. She has argued all along that she was fraudul...

Excerpt: ... The Second Amended Complaint is the operative complaint. While Figueroa is named, he has not been served nor is he active in the case. A demurrer brought by the LIC Regents was sustained without leave to amend as to the First and Second Causes of action in the Second Amended Complaint. The remaining Fifth cause of achon for negligent hiring, supervision, and retention, remains against the Regents and is the subject of this motion for summary jud...

Excerpt: ...ewed motion for transfer of venue back to Napa. Code of Civil Procedure section 397(c) grants the court discretionary povver to transfer a case to any other county "when the convenience of the witnesses and the ends of justice would be promoted by the change." It is only the convenience of the nonparty witnesses that is important. Absent extraordinary circumstances, the parties' convenience is not considered-even if they are to testify. (Weil & B...

Excerpt: ...and she could not have anticipated it to occur. Plaintiffs are the occupants of the vehicle Defendant collided with. They claim injuries as a result of the accident. Legal Authority Code Civ Proc S 1987.1 Order to quash, modify or limit (b)lf a subpæna requires the attendance of a witness orthe production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking ...

Excerpt: ...e papers submitted by the parties on Defendant's motions and will hear and consider counsels' arguments at the hearing on the motions. l. DEFENDANT'S MOTION FOR NEW TRIAL DEFENDANT'S GROUNDS FOR MOTION: A motion for new trial asks the trial court to reexamine one or more issues of fact or law after a trial and decision by judge or jury. Code Civ. Proc. SS 656, 557. The authority of a trial LAW AND MOTION TENTATIVE RULINGS DATE: MAY 26, 2023 TIME:...