Excerpt: ...er the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ....” (Berkley v. Dowds (2007) 152 ...

Excerpt: ...ectly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. (Labor Code §200.3(2)(3); Declaration of Mohsin, ¶¶2 -17; Declaration of Ali Ammar, Exhibits A through L.) Further, no opposition was filed as to any of these entities. The motion is denied as to Zalo Holdings LP on the grounds that there is insufficient evidence that it uses substantially the same facilities or substantially the same wo...

Excerpt: ...verned by various recorded Covenants, Conditions and Restrictions (“CC&R”) and managed by the Pajaro Dunes Association (“Association”). Changes to properties must be proposed to the Association Board and/or Design Committee in accordance with the CC&Rs. (Complaint ¶¶4 -5; Request for Judicial Notice.) At some point prior to June 2022, Plaintiffs applied to remodel the interior of the home and construct multiple decks. In June 2022, the ...

Excerpt: ...signed. (Beene Decl., ¶¶10- 15). Defendants never responded to the discovery prior to the filing of this motion. Defendants filed an untimely Opposition to the motion, six court days after the filing deadline, contending they have suggested many times to Plaintiff's counsel how they thought he should “remedy” the situation, but that they would not respond to the discovery. Defendants fail to provide any declaration or any form of actual ...

Excerpt: ... Obviously, it was not something that could be adjudicated at a case management conference. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 14, 2024 TIME: 8:30 A.M. Page 4 of 6 The issue is whether EFAA's prohibition to arbitrate sexual harassment claims applies to cases in which the harassment and termination occurred prior to its enactment, as is the case here. Plaintiff asserts yes, because the act states it applies to disputes, and this dispu...

Excerpt: ...es, plants, seeds, and firewood to the public. (Complaint at ¶ 1.) Plaintiff alleges that in the years after the CZU Complex fire, several trees, and tree limbs had fallen on the property. While trimming and bucking trees, a dead and decaying limb from an overhanging tree fell and struck Plaintiff, breaking his spine and causing permanent paralysis. (Complaint at ¶ 2.) At the time of the incident, Plaintiff alleges he was an employee of Defen...

Excerpt: ...m Deendants' new decks block their views, which violates the deed restrictions on the property because the decks intrude into the setback, and violates their privacy because anyone on the elevated decks can look directly into their homes and yards. (TAC ¶¶ 1, 47-50, 53-55) Deendants began construction in late 2021. (TAC ¶¶ 20, 36.) Plainti
¯s contend that the plans submitted to the County or the project included misleading inormation reg...

Excerpt: ...he Opposition, the discovery responses and documents at issue were served on January 7, 2022. (Dec. of Cornejo at ¶ 7.) Plainti
¯s never met and conferred. (Dec. of Cornejo at ¶ 9.) Plainti
¯'s motion is procedurally defective and untimely. Code of Civil Procedure section 2031.310, which governs motions to compel further responses to inspections, requires that such motions be Þled and served within 45 days of service of the responses. “The...

Excerpt: ...perly identify the nature of the claim and parties a
¯ected. Ibid. Where the complaint is so confusing defendant cannot tell what it must answer for, then a demurrer may be appropriate. (Ibid., citing Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139, fn. 2; see also CCP §430.10(f).) The Complaint appears to be nearly identical to the deÞcient complaint in 23CV01083 (which Plainti
¯ voluntarily dismissed on 10/27/23 instead ...

Excerpt: ...BACKGROUND: Plainti
¯ Sungrown brought 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 Plainti
¯'s loss of 15 acres of commercial hemp. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 9, 2024 TIME: 8:30 A.M. Page 2 of 9 Following...

Excerpt: ...ages.” Plainti
¯'s complaint is very poorly drafted and is, in some instances, virtually unintelligible. There are missing words, improper tense, and the grammar and syntax is poor. It is thus di
¯icult to decipher what Plainti
¯ is alleging at various points within the complaint. “Plainti
¯'s primary allegation is that [Santa Cruz County] Ordinance 7.38 has lost sight of State's mandate requiring Plainti
¯ to be allowed to the (sic) pra...

Excerpt: ... was recorded, clouding title to Plainti
¯'s property. In the FAC, Plainti
¯ is requesting the court “to review the validity of document 2007- 0015834 dated March 23, 2007 and document 2007-0018873. Plainti
¯ requests entry of an Order that document 2007-0015834 is not acknowledged, it is a forged documents and cannot be recorded, and therefore is to be removed from the Santa Cruz County recorders records along with document 2007-0018873. Th...

Excerpt: ...ainti
¯ and his parents, and Myers recommended that Plainti
¯ participate in the Travelling School Summer Program, which Myers supervised and was part of the District. (FAC at ¶ 19.) Based upon Myers's recommendation, Plainti
¯ participated in the Traveling School Summer Program in 1983. It was at this time Plainti
¯ alleges he was groomed for abuse, sexually assaulted, and abused by Myers. (FAC at ¶ 18.) Myers is alleged to have had studen...

Excerpt: ...issions, and Demand for Production of Documents and monetary sanctions as to Plainti
¯s Sheryl Lynn Vollers Pinard and Alfred Pinard, III. LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 30, 2024 TIME: 8:30 A.M. Page 2 of 3 On October 5, 2023, Defendants' counsel served form interrogatories, requests for admissions (counsel in his declaration states his o
¯ice served special interrogatories but a reference to special interrogatories only appears...

Excerpt: ...ir Plan (“CPF”). The Þrst amended complaint alleges breach o the implied covenant o good aith and air dealing; the causes o action or aiding and abetting, and civil conspiracy were dismissed without prejudice on October 5, 2022. Beore the court is Plainti
¯'s Motion or Biurcation to Permit Court Trial Regarding the Validity and Enorceability o Ms. Mapel's Insurance Policy. The motion is made pursuant to Code o Civil Procedure se...

Excerpt: ...gment “nunc pro tunc” to include Plainti
¯'s attorney's fees. Counsel claims four hours of time at $200.00/hour or $800.00. Attached to the motion is a declaration from counsel Harlan Reese who states that he is only seeking compensation for four hours of work even though he spent more time. A review of the Court Þle shows default judgment was entered on March 10, 2020, based upon Plainti
¯'s written declaration, in the amount of $8,781.91...

Excerpt: ...n the sidewalk while falling forward and injuring her shoulder, neck, hip and back. The accident happened at the intersection [of] Pelton Avenue and Lighthouse Avenue." In connection with this cause of achon she alleges negligence, willful failure to warn, and dangerous condition of public property. Defendant filed its Answer on June 27, 2023. Defendant now brings a motion for judgment on the pleadings on the grounds that Plaintiff failed to comp...

Excerpt: ...vice on the parties on November 13, 2023. Therefore, any motion to reconsider the court's order must have been filed by November 23, 2023. The Notice of Entry of Order/Judgment and Order were filed on November 27, 2023. Petitioner has brought this motion because she wishes to present arguments in relation to the court's tentative ruling on the underlying Writ of Mandate. The new circumstances, she asserts, is that counsel for Respondents "engaged...

Excerpt: ...ijuana dispensary. Canna filed suit against the County of Santa Cruz ("County") following two Sheriff's Department raids in which 1800 marijuana plants were destroyed in the first raid and 700 in a second raid. In the Spring of 2015, Plaintiff's assignor Granny Purps, commenced a medical marijuana growing operation on Fern Flat Road in Aptos. On 6/22/15, the Sheriff's Department appeared at the Property and destroyed 1,800 cannabis plantsl valued...

Excerpt: ...aintiff appears to ask this Court to prevent the seizure of wages related to child support arrears judgments and bases his claims on federal constitutional law related to due process. Defendants demur on the grounds that the petition fails to state facts constituting any cause of action, is fatally uncertain, fails to properly identify which claims relate to which parties, and that their actvities in issuing earnings withholding orders against Pl...

Excerpt: ...n, provides: (a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. (b) The inquiry in su...

Excerpt: ...ed by defendant Fifty-Five River Street Associates, LLC. ("Fifty-Five River") who was insured by Nationw-de. Plaintiffs operated businesses out of the premises. There are three corporate plaintiffs: Media Rights Technologies, Inc. ("MRT"), Encryptos, and Bluebeat, Inc. Mr. Risan is the Chief Executve Officer of all three companies. (Opp. at pg. 1.) In 2016, water from a storm event entered into the building through the roof. Plaintiffs allege the...

Excerpt: ...ons pursuant to CCP 5128.7. Defendants declare they have met the statute's 21- day safe harbor requirement by serving Plaintiff on 11/17/23 with a copy of the motion. (Supplemental Declaration of Marquis, 94) This motion was filed following that period, on 12/12/23. Ms. Marquis seeks $18,074.00 for her tme and that of her associate in their efforts to meet and confer with Plaintiff and preparation of papers related to the motion. Defendants asser...

Excerpt: ...signment is too speculative. Based on the pleadings and the Court's familiarity with this matter, the settlement paid to Plaintiff of $375,000 in exchange for a dismissal with prejudice of the complaint against Defendants Hugo Cazares, Faith & Family Farms, and Jessie Melendrez is within the reasonable range of the settling tortfeasors' proportional share of comparative liability for the alleged damages. (Tech-Bilt, Inc. v. Woodward-Clyde & Assoc...

Excerpt: ...d (neither allowed nor prohibited) in CCP 51033.5. (CCP S1033.5(c)(4).) However, whether awarded as allowable costs underthe statute, or in the court's discretion, all costs are subject to the conditions that they are (1) actually incurred; (2) necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation; and (3) reasonable in amount. (CCP If items on their face appear to be proper charges, the verifie...