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

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...