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...

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: ...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: ...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: ...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 �...