Excerpt: ... an attachment order “shall be set forth with particularity. Except where matters are specifically permitted by this title to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein”. CCP §482.040. Conclusory or generalized statements in a declaration in support of an application for a writ of attachment “do not suffice”, and ...

Excerpt: ...do not have the ability to satisfy the bond requirement, (Barragan Dec. filed 6/9/21¶ 18), the Court will use its equitable powers and set the bond amount at one half the amount of the judgment. $908,097.67 ÷2= $454,048.83. Defendants may apply (or may be credited for) the $130,520.52 in funds levied in Defendants' Chase Bank Accounts pursuant to Plaintiff Valley Fresh Produce Inc.'s Writ of Execution. Therefore, in addition to the $130,520.52,...

Excerpt: ...eir duties with respect to the care of Charles McDermott's Foley catheter while he was in their care and custody, and in failing to properly train and supervise their staff; and that this neglect was the cause of Mr. McDermott's death. Defendant Healthy Living moves for summary judgment/adjudication on the basis that its nurses met the standard of care in all respects, including the care of Charles' catheter; and that this demonstrates that Defen...

Excerpt: ... CCP § 340.5), she must allege (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or 'scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage" (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638) and the allegations must be pled with specificity, “In California, fraud must be pled specifically; general and conclusory allegations do not s...

Excerpt: ...ding a party's admissions or concessions which cannot reasonably be controverted. (Pang v. Beverly Hospital, Inc. (2000) 79 Cal.App.4th 986, 989 [94 Cal.Rptr.2d 643].) Here, the following matters have been admitted and considered by the Court: 1. Guadalupe Fuentes had a Shop Your Way Mastercard branded credit account number 8419 issued by CITIBANK, N.A. 2. Guadalupe Fuentes received periodic statements regarding the Shop Your Way Mastercard brand...

Excerpt: ... the party fails to obey. (E.g., Code Civ. Proc., former § 2023.) (Del Junco v. Hufnagel (2007) 150 Cal.App.4th 789, 799 [60 Cal.Rptr.3d 22].) Here, Shane Kephart has deliberately disregarded the Court's prior discovery orders dated 12/11/20; no lesser alternatives would remedy the situation; the fault lies with the client and not the attorney (Kephart is unrepresented); and a contempt order was entered against Kephart on 3/22/21. Shane Kephart'...

Excerpt: ...ause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility. Here, the Complaint alleges “Defendant's conduct constitutes an unreasonable change in, and increase of, Defendant's use of the Easement in a manner that imposes ...

Excerpt: ...work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (b) ...

Excerpt: ...of CANRA is defined in Pen. Code 11165.6, which lists several forms of child abuse and neglect with references to other Penal Code sections for their more specific definition. As is relevant here, §11165.6 refers to “the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3”. Section §11165.3 defines the “willful harming or injuring of a child or the endangering of the ...

Excerpt: ...ecial Motion to Strike, and will not be considered in ruling on the motion. A plaintiff may not seek to subvert or avoid a ruling on an anti‐SLAPP motion by amending the challenged complaint in response to the motion, as Plaintiff has done here. Salma v Capon (2008) 161 Cal. App. 4th 1275. Requiring the trial court to analyze the amended claims under CCP §425.16 simply because the claims were amended before the court ruled on the first motion ...

Excerpt: ...��water well, water tank and supporting structures”. LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 3, 2021 TIME: 8:30 A.M. 5 The Court finds that Plaintiffs have a probability of prevailing on their claim to a deeded easement to the existing water well and its supporting structures, which includes the right to access the easement to make repairs; and that the balancing of the harms favors Plaintiffs on that claim. The Court finds that the easemen...

Excerpt: ...s First Amended Cross‐Complaint herein (“Liability Trial”) in order to resolve the issue of whether the 37 Foot Walk is a public space or plaintiffs' private patio area is granted. Plaintiffs' motion to set hearing date and briefing schedule re: administrative writ is granted in part and denied in part. The hearing date and briefing schedule re: administrative writs will be set immediately upon conclusion of the Liability Trial. Plaintiffs ...

Excerpt: ...mption in favor of private arbitration, an arbitral award should ordinarily stand immune from judicial scrutiny."(City of Palo Alto v. Service Employees Internat. Union (1999) 77 Cal.App.4th 327, 334.) Here, Respondent has not satisfied his burden of showing that he has been substantially prejudiced by refusal of the arbitrator to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrator to hear evidence ...

Excerpt: ...mption in favor of private arbitration, an arbitral award should ordinarily stand immune from judicial scrutiny."(City of Palo Alto v. Service Employees Internat. Union (1999) 77 Cal.App.4th 327, 334.) Here, Respondent has not satisfied his burden of showing that he has been substantially prejudiced by refusal of the arbitrator to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrator to hear evidence ...

Excerpt: ... of conduct as a defense to the action when brought.”(Lantzy v. Centex Homes,(2003) 31 Cal. 4th 363, 383) “A valid claim of equitable estoppel consists of the following elements: (a) a representation or concealment of material facts (b) made with knowledge, actual or virtual, of the facts (c) to a party ignorant, actually and permissibly, of the truth (d) with the intention, actual or virtual, that the ignorant party act on it, and (e) that p...

Excerpt: ... for a continuance. Plaintiffs have been prevented from completing depositions and other discovery in preparation for trial. (Pltf's Ex parte App.pg.2:10). On 5/12/21, Defendant's cardiologist advised Mr. Schwartz to take two‐months rest from the practice of law. (to Ex. 2 to Dec. Donald Schwartz in support of motion to continue trial date which is Ex. B Defendants' Ex parte Appl.) (Cal Rules of Court, Rule 3.1332(c)(2) & (3)) Based upon the pl...

Excerpt: ...Shahram Tabatabai is granted, and Robert Lindow's First Amended Cross‐Complaint is stricken in its entirely . Tabatabai's demurrer to Lindow's First Amended Cross‐Complaint is therefore moot, as is his Motion to for Leave to Conduct Discovery Limited to Lindow's Opposition to Tabatabai's Anti‐SLAPP Motion. Shahram Tabatabai's Motion to Compel Lindow's Responses to Form Interrogatories, Set Two, is granted, on the grounds discussed below. Ro...

Excerpt: ...gueroa Dec. Ex.'s 7‐ 12) Although Plaintiff may not have properly served the discovery responses and the wording of the “verification” is not per Code, the documents requested appear to have been produced, the interrogatories answered, and provided to Defendant. The purpose of discovery is to bring out information which will lead to a just decision on the merits. The sanction of peremptory dismissal, without consideration of the merits, is ...

Excerpt: ... acted beyond its jurisdiction. Abuse of discretion is established if the respondent has not proceeded in a manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence. Under the substantial evidence test, the DRE's findings are presumed to be supported by the administrative record and it is Petitioner's burden to show that they are not. Donley v Davi (2009) 180 Cal. App. 4th 4...

Excerpt: ...ment. Plaintiff is to file any amended complaint within 20 days of this ruling. Defendant's RFJN The court grants Defendant's request for judicial notice of the following: • The unlawful detainer judgment against Plaintiff and in favor of Defendant; • The Bankruptcy Court's order in Plaintiff's bankruptcy action denying her motion to amend an order lifting the automatic stay; • Trustee's Deed showing Defendant as the lawful owner of the sub...

Excerpt: ...on by not proceeding as required by law, i.e. by not making any actual findings. LoForti states he “reviewed the application with Deputy County Administrative Officer Melodye Serino, the cannabis Licensing Official under Chapter 7.130 who LoForti reports to. Serino agreed with and adopted LoForti's finding under Section 7.130.l 10(E)(3) that the general public benefit would outweigh concerns regarding intensity of use, land use compatibility, a...

Excerpt: ...n default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Under subsection (b)(1), the consumer may then “unilaterally elect” to “withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction”. Defendants do not dispute that they are the party who drafted the arbitration agreement at issue, that the arbitration agre...

Excerpt: ...ing party to submit‐‐in place of a separate statement‐‐a concise outline of the discovery request and each response in dispute”, Plaintiff has not requested nor has the court allowed Plaintiff to submit a concise outline in lieu of a Separate Statement. Plaintiff asserts that these interrogatories are an attempt to understand Defendant's theory of the case. However, the interrogatories do not ask for facts supporting Defendants' theory,...

Excerpt: ... bringing an action under section 709, and allow the court to consider the merits of the action without first determining whether the petitioning party did in fact have a legal right to vote.” (Haah v. Kim (2009) 175 Cal.App.4th 45, 53‐55) On demurrer, the complaint is to be given a reasonable interpretation, admitting the truth of all material facts properly pleaded. (Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967) Plaintiffs h...

Excerpt: ...ewing his request pursuant to CA Penal Code § 18420 ...