Excerpt: ...es the motion of defendants Rushmyfile, Inc., FMC Lending, Inc., and Andrew Dioli to seal court records. Background: On May 17, 2019, a jury returned a verdict in this case, finding in favor of plaintiffs Merle Taylor and Marilyn Taylor and against defendants Robert Houston and Linda Lukas on claims for fraud, breach of fiduciary duty, and abuse of an elder. The jury awarded economic damages of $455,827 and non-economic damages of $100,000. As to...

Excerpt: ...ights and duties. (Pacific Gas & E. Co. v. G. W. Thomas Drayage etc. Co. (1968) 69 Cal.2d 33, 38) However a court "is required to give 'great weight' to the conduct of the parties in interpreting the instrument before any controversy arose". (Kennecott Corp. v. Union Oil Co. (1987) 196 Cal.App.3d 1179, 1189‐1190)) A reasonable trier of fact could find that the all of the Defendants committed to make the payments to Plaintiffs called for in the ...

Excerpt: ...tract) and third (quiet title) causes of action in cross-complainant Gisela Neumann's second amended cross-complaint with leave to amend. The court overrules the demurrer to the second (elder abuse) cause of action. This ruling does permit amendment of the second cause of action in a manner consistent with this ruling. Background: This is an action to partition by sale real property located at 6175 Manzanillo Drive in Goleta. Plaintiff Andre Neum...

Excerpt: ...blishes new law on the issue of tiering. However, Save Berkeley's Neighborhoods merely summarizes existing law under Pub. Resources Code §§21094 and 21166 on when an agency may tier the environmental review of a later project from the program EIR, and when a change in the original project requires a subsequent or supplemental EIR. It relies on long established case law for its analysis of the issue. See, Sierra Club v. County of Sonoma (1992) 6...

Excerpt: ...allege create a duty on the part of BRP to protect Plaintiffs' property from the illegal improvements and encroachments by neighboring BRP members. Defendants have not contested this authority; and Plaintiffs have therefore stated a cause of action. The dispute between the parties as to the operable bylaws does not render the FAC uncertain, as Defendant asserts that the FAC clearly relies on the By ‐ Laws recorded in 1950, based on their own Re...

Excerpt: ... material facts exists as to the cause of action or a defense thereto. The plaintiff shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. In a declaratory relief action, the defendant's burden is to establish the plaintiff is not entitl...

Excerpt: ...iled in defeating Plaintiff's attempt to obtain rescission and damages, this was not a collection action for failure to pay the Note when due. The contractual fee provision therefore does not apply. ...

Excerpt: ...by extending an existing woodpile. This paragraph provides that Defendants have the right to maintain and landscape a certain portion of the 40 ft right of way in front of their house , as long as it does not interfere with or impede the convenient use of the right of way; and that certain landscaping, including fences, is prohibited “with the exception of the area currently occupied by the ‘concrete fence' and ‘concrete footing for fence',...

Excerpt: ...me the presumption, the motion for final approval of class action settlement, award of class representative payment, class counsel fees and costs, administration fees, and PAGA payment is granted, conditioned on Class Counsel filing prior to or at the hearing a further declaration attaching a copy of any agreement that has been entered into with respect to the payment of attorney's fees. (Cal Rules of Court, Rule 3.769(b)). With respect to the cy...

Excerpt: ...Law (2019) 361 F. Supp.3d 956,973) As to finality of the interim suspension decision or order, the interim suspension was not a final administrative decision or order. Petitioner still may have been found to not be responsible for the underlying issue that led to the interim suspension during the process of the permanent suspension. (AR 025). Even if the interim suspension were a final administrative decision or order, the interim suspension proc...

Excerpt: ...ds as follows: 1. The filing fees on the Answer to the Gill complaint and on the motion for summary judgment are attributable to the Gill Plaintiffs. The motion to tax is denied as to these costs. 2. 50% of the deposition of Stephen Whitmire dealt with Mr. Whitmire's personal injuries, was not relevant to the defense of the Gill action, and is attributed to the Whitmire Plaintiffs. The remaining 50% of the Whitmire deposition was equally relevant...

Excerpt: ...Brady to be named as an additional insured on all policies of liability insurance.(UMF's 34, 36, Hutchison Dec. Ex. B.) Virginia Surety (“Virginia”) issued insurance policies to Lee's. In those policies, Virginia agreed that who is an insured included as additional insureds the persons or organizations with respect to liability arising out of Lee's work or for property damage caused in whole or in part by Lee's acts or omissions. (see the ins...

Excerpt: ...nt has met that burden, the burden shifts to the plaintiff or crosscomplainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. (Cal Code Civ Proc § 437c(p)(2)) Cross‐complainants have failed to show that a triable issue of one or more material facts exists. As to UMF's 7,9, & 11, the references to the Newman declaration do not create triable issues of material fact. (There is a ...

Excerpt: ... that is protected by the anti‐SLAPP statute. (see Opposition fn. 1) If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88 .) Only a cause of action that lacks “even minimal merit” constitutes a SLAPP. (Overstock.com, Inc. v. Gradient Analytics, Inc. (2007) 151 Cal.App.4th 688, 700) Regarding...

Excerpt: ...(1997) 53 Cal. App. 4th 801. The one action rule is therefore not a bar to Plaintiff's action. Moreover, on February 14, 2020 Plaintiff and her daughters filed a consolidation of the actions filed by Plaintiff and by Ms. Hernandez, and are now proceeding to litigate their claims in a single action. The demurrer to the entire complaint based on the one action rule and misjoinder is overruled. Fraudulent/illegal marketing (5th c/a) Plaintiff has al...

Excerpt: ...ered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgme...

Excerpt: ...4.5 ft. gap between the parties' respective properties. Defendants are ordered to remove the new fence and the addition to the wood pile that extends it further into the 40 ft right of way than the “Wood Pile” that existed at the time of the Settlement Agreement; to pay Plaintiffs $2000 in damages for the removal of the three holly trees; and to pay Plaintiffs their attorney's fees and costs in the amount of $11,933, pursuant to the attorneys...

Excerpt: ...in the court's discretion constitute a sufficient ground for denying the motion. Cal Rules of Court, Rule 3.1350 Motion for summary judgment or summary adjudication: (d) Separate statement in support of motion (1) The Separate Statement of Undisputed Material Facts in support of a motion must separately identify: (A) Each cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion. Here, Defendant's...

Excerpt: ... and fence on their easement; (2) require Petitioners to either remove the gate and fence or apply for a Coastal Development Permit (CDP); and (3) impose civil penalties if Plaintiffs refuse to remove the gate and fence to allow public access to Twin Lakes State Beach. Petitioners seek a writ of mandate directing the County and the Coastal Commission to (1) withdraw demands for the retraction of their LAW AND MOTION TENTATIVE RULINGS DATE: July 3...

Excerpt: ...ur large joint venture projects. Plaintiffs allege that Defendants misrepresented that the “reasonably possible additional costs” of these projects were at most $47 million for 2018; and that Defendants made additional misleading statements as to its “economic outlook in general”, its “exceptional management of risks”, and other expressions of corporate optimism. Plaintiffs further allege that Defendants failed to disclose that it had...

Excerpt: ...s a result of the pandemic, it would not be appropriate to approve a settlement that includes performance of financial terms that are now impossible to perform as that settlement would not be reasonable. Defendant suggests that the court exercise equitable powers to impose a new financial term. The court declines to do so. The parties are directed to meet and confer regarding whether they wish to return to litigation or settlement negotiations. o...

Excerpt: ...ise to a duty to act. Regents v Univ.of Calif. V Sup. Ct. (2018) 4 Cal. 5th 607, 669. The FAC alleges that Defendant participated in the plan for a Crossover Ceremony, which included rituals involving the provision of drugs and alcohol to Alex, who was under 21 years of age; that Alex was required to attend the ceremony; that Alex, who was already intoxicated and unable to drive was taken by Defendant and others to the location of the Ceremony, w...

Excerpt: ...material fact which Plaintiff relied on to her detriment [UMFs 1‐30, 30‐60] The evidence in support of this material fact is as follows: Decl Leask, Decl Sue Rowley Decl Annamarie Nelson, Decl Craig Nelson Documentary evidence: Exhibit C. Reporter's Transcript of the Plaintiff's Deposition Vol. I, taken on February 3, 2016 Exhibit D. Reporter's Transcript of the Deposition of Plaintiff, Vol. II, taken on February 4, 2016. Exhibit E. Resumes o...

Excerpt: ...ilure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion. Dubois asserts as UMF no. 20: “On October 05, 2016, DuBois was advised that its proposal was not accepted and Fifty‐Five was working on estimates from other roofing contractors.” (Dubois Separate Statement UMF 20) The reference to the supporting evidence is: Email Correspondence, Exhibit B4; DuBo...

Excerpt: ...requests the court to compel the City to cease charging Plaintiffs the increased rates; cease charging other customers reduced and deflated rates; and refund all increased water charges paid by Plaintiffs since 2016, with prejudgment interest. The City demurs to the FAC on two bases: (1) Propositions 26 and 218 do not apply to Plaintiffs' claims, because Plaintiffs “voluntarily” use and pay for untreated water from the City, and therefore the...