Excerpt: ...ion for leave to file a First Amended Complaint to add a cause of action for intentional infliction of emotional distress is granted. Leave of court is required to amend any pleading except as provided by CCP §§472 and 474. A judge may, in furtherance of justice and on proper terms, allow the amendment of any pleading at any time, even after commencement of trial. CCP §473(a), 576; Hong Sang Market, Inc. v. Peng (2018) 20 Cal.App.5th 474, 488 ...

Excerpt: ... 7, 2022 TIME: 8:30 A.M. 3 (Baughman Decl. Ex. B) On 9/29/22, Defendant served verified Second Supplemental Responses to those interrogatories, providing a substantive response. (Beck Decl. Ex. H) Therefore, this motion is moot. REQUEST FOR PRODUCTION NOS. 22 THRU 33: This motion is granted provided the parties fashion a protective order that is acceptable to the Court. Plaintiff Beronio seeks all documents and communications related to any damag...

Excerpt: ...as it does not state facts sufficient to constitute a cause of action as the verification of the Writ is improper. “A demurrer can raise any legal defect apparent on the face of the petition. This could include the lack of any beneficial interest, the existence of an adequate remedy at law, or the failure to state a claim for relief.” (1 California Writ Practice (4th ed. 2021) §8.41.) Parties are permitted to plead in the alternative. In thi...

Excerpt: ...dment is not precluded by delay or prejudice to Defendant. Defendant's discovery response promised providing the vet records, Defendant failed to provide those records, and Defendant denied any aggressive tendencies by his dog at deposition. Plaintiff did not discover medical documentation as to Pip's aggressiveness until the discovery was obtained via a subpoena. Due to Defendant's dilatory conduct in providing vet records and in deposition deni...

Excerpt: ...be adjudicated in the United Kingdom. GFL and Carl then proceeded to litigate their claims in the High Court of Justice in the UK; and a final judgment was entered by that court on June 11, 2021. Mr. Carl now moves to lift the stay as to his remaining cross‐claim against GFL, for breach of a Supplemental Agreement; and as to his cross‐claim against Canepa Group, Inc. (Canepa), for negligent bailment. Mr. Carl also seeks to amend his cross‐c...

Excerpt: ...t was entered on August 11, 2022 and Mr. Sump's on August 15, 2022. Defendants filed this motion on October 12, 2022. “'Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, [the court shall] vacate any (1) resulting default entered by the clerk...or (2) resulting defau...

Excerpt: ... be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California... (c)In case of service by another method of delivery providing for overnight delivery... any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document served by Express Mail or other method of delivery providing for overnight...

Excerpt: ...of Appeal, which affirmed the trial court's orders granting the employer's motion to compel individual arbitration of wage and hour claims and dismissing with prejudice the employee's representative claims and class claims under the Private Attorneys General Act. (PAGA), Lab. Code, § 2968 et seq., On 6/23/14, the CA Supreme Court reversed, finding that where an employment agreement compels the waiver of representative claims under the PAGA, it i...

Excerpt: ... Regents, the County immediately filed the Request for Hearing the next day, on September 21, 2022. The Regents move to dismiss the CEQA claims based on this mistake, asserting that filing the Request for Hearing by the statutory deadline is a jurisdictional requirement, and that dismissal is mandatory. The County seeks relief from its failure to file a timely Request for Hearing, requesting an order amending the proceedings and treating the Requ...

Excerpt: ...JOHN ELLIOTT TO REQUEST FOR PRODUCTION AND TERMINATING SANCTIONS The motions for special and form interrogatories are granted (the Court finds no previous motions to compel documents in the court file). The Court orders further monetary sanctions in the amount of $2,110.00 imposed against both Defendants and their attorney of record and strikes the Answers of Defendants Lisa Jewett and John Elliott. Defendants have engaged in extensive and willfu...

Excerpt: ...ty of the agreement. (Blix Street Records, Inc. v. Cassidy (2010) 191 Cal.App.4th 39, 48 [119 Cal.Rptr.3d 574].) The discrepancy here is whether or not the website www.mercercaverns.com including the domain name has been transferred to Plaintiff. Ms. DiBenedetto states in her declaration that the subject domain has been effectively transferred to Plaintiffs. (DiBenedetto Dec. ¶11) Mr. Rodriguez says, “It is disputed whether or not the defendan...

Excerpt: ...npaid debt totaling well under the jurisdictional limit of $25,000 (First Amended Complaint ¶4) • Plaintiff recorded a lis pendens that stated an “alleged breach of contract and real property claims” and that an active lawsuit was pending when it was not • Plaintiff recorded the lis pendens without any “real property claim” • Plaintiff has produced no lien, mechanic's lien, or note attached to the property that would require such d...

Excerpt: ... sent to Defendant at this same Scotts Valley address; On 3/30/22 Defendant's default was entered; and on 4/6/22 a Default Judgment was entered against Defendant for $4834.59. On 7/15/22 a Notice of Entry of Judgment was served on Defendant by mail, sent to the same Scotts Valley address. LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 17, 2022 TIME: 8:30 A.M. 3 Defendant now moves to set aside the judgment under CCP§473, based on mistake, inadv...

Excerpt: .... Code §56.20(c). Civ. Code §56.20(b) provides: (b) No employee shall be discriminated against in terms or conditions of employment due to that employee's refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee's refusal to sign an authorization under this part. Plaintiff alleges that he was aske...

Excerpt: ...fn. 9 [35 Cal.Rptr.3d 206].) Next as to Petitioner's objections to Respondents' affirmative defenses, “In recent years great changes have been wrought by the code in the rules for the construction of pleadings. For sufficiency of the facts pleaded, courts look to substance, not to form. The basic principle of the code procedure is that the administration of justice should not be embarrassed by technicalities, strict rules of construction, or us...

Excerpt: ...ive equity was added to the amount Plaintiff financed for the Tiguan. (UDMF#4.) The purchase price for the Volkswagen Tiguan was $51,830.64. The amount financed was $45,349.04. Plaintiff paid $6,800 in cash at the time, as well. It is not disputed this amount was paid but rather what the payment went towards. Plaintiffs argue it went towards the down payment on the Tiguan. Defendants contend this cash went toward off‐setting the negative equity...

Excerpt: ...as “Notice of Entry of Order” and is dated 8/27/22. Plaintiffs fail to address this late filed proof in any declaration. Pursuant to California Rules of Court, Rule 8.108(c), a motion to vacate a judgment operates to extend the time to file a notice of appeal (and motions for attorneys' fees) to the earliest of: (1) 30 days after the court mails or a party serves an order denying the motion to vacate; (2) 90 days after the first notice of int...

Excerpt: ...irst cause of action, brought under CCP §1085, concerning “notice requirements”. The demurrer to this cause of action is sustained based on uncertainty. Petitioner has not opposed the demurrer to the second cause of action, brought under CCP §1085 for alleged due process violations based on evidentiary decisions. Petitioner has failed to state a cause of action, as evidentiary decisions are discretionary, and mandamus relief is unavailable....

Excerpt: ... purpose of that restriction, and no specified “view protection.” There are several other restrictions listed in the deeds that appear to be unenforceable and/or antiquated (for example, “there shall never be constructed or maintained on said property any residence costing less than $1500.00; [...] that no building on said property shall remain unpainted or unstained for more than 30 days except as to the portions thereof covered by shingle...

Excerpt: ...hich judicial notice has been taken. The court “construes the pleading in a reasonable manner and read the allegations in context. “Fremont Indemnity Co. v. Fremont General Corp., (2007) 148 Cal. App. 4th 97, 111. On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. “‘A demurrer is simply not the appropriate procedure for determining the truth of disputed facts.'” Id at 114 citing, Ramsden v. W...

Excerpt: ...admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) State the number of the request; (b) State all facts upon which you base your response; (c) State the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) Identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and tel...

Excerpt: ...gs various challenges to the validity of the allegations made in the proposed amended complaint. These are not a basis for denying leave to amend, given the strong judicial policy favoring amendment. Any grounds for a demurrer or a motion to strike can be raised after leave to amend has been granted. Weil & Brown, Civil Procedure Before Trial, Rutter Group, §§6;638, 6:644. While a sham amendment that contradicts an earlier pleading is a basis f...

Excerpt: ...ssue sought to be precluded from relitigation must be identical to that decided in a former proceeding. Second, this issue must have been actually litigated in the former proceeding. Third, it must have been necessarily decided in the former proceeding. Fourth, the decision in the former proceeding must be final and on the merits. Finally, the party against whom preclusion is sought must be the same as, or in privity with, the party to the former...

Excerpt: ...alifornia Rules of Court, Rule 8.108(c), a motion to vacate a judgment operates to extend the time to file a notice of appeal (and motions for attorneys' fees) to the earliest of: (1) 30 days after the court mails or a party serves an order denying the motion to vacate; (2) 90 days after the first notice of intention to move or the motion is filed; or (3) 180 days after entry of judgment. (See also Rule of Court 3.1702(b)(1), time to file motion ...

Excerpt: ...alleges private and public nuisances have been created by speeding drivers outside of his home on Glen Canyon Road. Plaintiff alleges “[d]efendants are the owners and/or drivers in possession and control of certain motor vehicles driven in the recent past on Glen Canyon Road in Santa Cruz County past Plaintiff's home at excessive speed and recklessness.” (Plaintiff's Complaint ¶2). The defendants have “caused highly dangerous conditions to...