Excerpt: ...further responses after the motion was filed and Defendant has failed to address those new responses or take the motion off calendar. FACTUAL BACKGROUND Plaintiff Johanna Ronsse filed her Complaint on 9/9/22 against three defendants she alleges were complicit in financial elder abuse of her father, who died 4/25/22. She alleges that Maria Hulsey, former neighbor of her father John Ronsse, used undue influence in having John sign over his mobile h...

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: ...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: ... 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: ...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...