Excerpt: ...NTIFFS' MOTIONS TO COMPEL FURTHER RESPONSES BY DEFENDANT DOCTOR'S ASSOCIATES TO FORM INTERROGATORIES, SET TWO; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; AND SANCTIONS This is a commercial rent collection case related to a Subway retail store located at 1487 Main Street, Watsonville in the Overlook Shopping Center. Defendants are Ramanjeet Singh Saini, Subway Real Estate, LLC, and Doctor's Associate's LLC. As alleged, from 3/1/20 through 8/31/...

Excerpt: ... Santa Cruz County with Canepa Group. Meanwhile, pursuant to the terms of the sales agreement, Fisken and Carl were embroiled in litigation in the United Kingdom on their claims related to the sale. On 10/30/18, this Court stayed the action pending resolution of the case in the London Circuit Commercial Court (Claim No. LM-2018-000138). The London claim was brought by Plaintiff Friskin for specific performance/delivery of the car pursuant to its ...

Excerpt: ...s hourly rate for this matter is $475, and costs associated with the entre action total $3,135.19. The total fees amount also includes $15,716.25 in paralegal fees. 1. Legal principles re: attorney fee awards: Serrano Ill requires the trial court to first determine a touchstone or "lodestar" figure based on a careful compilation of the tme spent and reasonable hourly compensation for each LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 8, 2024 TIM...

Excerpt: ... California Constitution. She seeks to vacate the election and set aside all associated property fee assessments. CALFIRE is named as a Real Party in Interest. County demurrers to Petitioner's First Amended Petition, filed 6/5/20, for Writ of Mandate on the following general grounds: • The entire petition fails to comply with applicable Rules of Court and is so vague, ambiguous, uncertain and unintelligible, and fails to state facts supporting ...

Excerpt: ... low valuations which parties in a prior suit (the Elwards) used to force the sale of properties they owned with Plaintiff. There are two causes of action, professional negligence as to the Futura Partnership (1906 Soquel Property) and professional negligence as to the 108 Eastgate and 1999 Soquel Properties. Plaintiff alleges he sued his former business partners, the Elwards, in two suits in late 2019 related to the real properties. (FAC "13-14....

Excerpt: ...t facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The legislative intent was to restrict motions for reconsideration to circumstances where a party offers the court some fact or circumstance not previously considered, and some valid reason for not offering it earlier. (Weil & Brown, Civil Procedure Before Trial (TRG 2023) S 9:328...

Excerpt: ...ve defenses (the 26th 27th and 28th). Defendant wishes to add Labor Code defenses related to Plaintiff Jorge Rodriguez's employment status, namely statutory employee, exclusive remedy rule, and benefits setoff. (Mantych Decl. Ex. 1.) Defendant argues these defenses are legal, will not add to discovery, will allow it to perfect its Answer in advance of trial, and avoid waiver of defenses that have arisen during the course of the action. Plaintiff ...

Excerpt: ...2) 101 Cal.App.4th 1395, 1405.) The complaint is to be given a reasonable interpretation and read in context. (See Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.) Defects must appear on the face of pleading or be judicially noticed. (Donabedian v. Mercury Ins. Co. (2004) 116 cal.App.4th 968, 994; SKF Farms v. superior court (1984) 153 cal.App.3d 902, 905.) Defendant argues that Plaintiff lacks both the capacity to sue and the stan...

Excerpt: ... 2023 TIME: 8:30 A.M. Page 2 of 6 Plaintiff filed declarations stating generally that she attempted to adhere to the Court's order on the earlier demurrer but that due to an urgent situation she is unable to timely respond to the motions. She filed no other opposition to Defendants' arguments. SUMMARY OF COURT RULING: As explained below, the Court's rulings on the demurrers are: • Sixth cause of action, Discrimination due to national origin —...

Excerpt: ...l„ Inc. (2002) 101 Cal.App.4th 1395, 1405.) Fraud allegations must be pleaded with more detail than other causes of action. (Heritage Pac. Fin., LLC v. Monroy (2013) 215 Cal.App.4th 972, 989.) The facts constituting the fraud, including every element of the cause of action, must be alleged "factually and specifically," i.e., the plaintiff must plead facts showing the defendant's misrepresentation (or omission that the defendant had a duty to di...

Excerpt: ...al motions. PROCEDURAL BACKGROUND: The jury returned a verdict on 7/14/23 for Plaintiffs in the amount of $150,000 for Plaintiff Perslow and $413,491.98 for Plaintiff Barabba following an 8-day trial. The jury's verdict found Defendants liable for Plaintiffs' claims for breach of contract, breach of the implied covenant of good faith and fair dealing and findings as to fiduciary duties owed by Defendant Torres. Following the jury trial, a court t...

Excerpt: ...of supervisor responsibilities; ethics; relationships; performance; and conduct. City alleged and was successful in demonstrating to the City Manager and City Council that Ball violated these City policies when he sexually harassed a subordinate (Officer Wowak) and retaliated against her. Petitioner's writ is denied. As discussed below, based on this Court's independent review of the evidence, the weight of the evidence supports the CUIA8's decis...

Excerpt: ...ces from expressly alleged facts are deemed true. (Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998; Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1405.) Ifthe complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficie...

Excerpt: ... these findings. FACTUAL BACKGROUND This matter involves a dispute over the sale of real property (an allotment) located in Paradise Park. In 2003, John Simas's father purchased an "allotment" for him to use and occupy. Simas became a member of Paradise Park Masonic Club in 2003. He lived there until he decided to move to Brazil, where he intended to permanently live. While in Brazil, Simas and plaintiffs Craig and Kelly Powell (Craig is John's c...

Excerpt: ...animal with known dangerous propensities, strict liability pursuant to Civil Code section 3342, and negligence. He seeks general and special damages. Plaintiff seeks an order compelling the examination and inspection of Pip by Plaintiff's expert, with the following requests to take place at the examination: 1. Pip's reacton to a neutral third party from a safe and reasonable distance; 2. Pip being walked on the sidewalk by a competent, controllin...

Excerpt: ... Roman claims she suffered a ruptured aneurysm while driving her vehicle. The aneurysm occurred while she was exiting the freeway near her home; her vehicle collided with Plaintiffs' vehicle, her car jumped the median and eventually landed off the roadway. Defendant asserts medical emergency as a defense — that in the seconds before the accident she suffered a ruptured aneurysm and is not responsible for the collision. Plaintiffs' Complaint inc...

Excerpt: ... of the title under which the factual basis for relief 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 LAW AND MOTION TENTATIVE RULINGS DATE: DECEMBER 5, 2023 TIME: 8:30 A.M. Page 2 of 2 any ...

Excerpt: ...ubd. (a) & (b) to obtain supplemental responses. Plaintiff specifically seeks supplemental responses to nos. 12.2-12.7, 13.1-13.2, 15.1, 15.2-16.20, and 17.1. Asto requests 12.2-12.7, 13.1, 13.2, 16.2-16.20 and 15.1, CEA asserts that this second set of interrogatories is improper "because CEA had already responded to the same set of discovery on July 1, 2023, and that CEA has no duty to update its discovery responses, absent the service of a Supp...

Excerpt: ... over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the achon and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a subs...

Excerpt: ...further responses after the motion was filed and Defendant has failed to address those new responses or take the motion off calendar. FACTUAL BACKGROUND Plaintiff Johanna Ronsse filed her Complaint on 9/9/22 against three defendants she alleges were complicit in financial elder abuse of her father, who died 4/25/22. She alleges that Maria Hulsey, former neighbor of her father John Ronsse, used undue influence in having John sign over his mobile h...

Excerpt: ...doctor's discharge order and a safe discharge option. When these conditions are not met, Kindred must continue to treat the patient. Acute care hospitals, like Kindred's, operate at a much higher care level than skilled nursing facilities. (FAC "14-7.) Kindred believes defendant SCMMMCC ("Alliance") is a regional county organized health system formed to administer the Medicare (Medi-Cal) managed care program in Santa Cruz, Monterey, and Merced co...

Excerpt: ...alendar conflict. In support of their motion, counsel for moving parties states he has a calendar conflict with this trial date and that he was assigned as trial counsel to this case after prior counsel resigned. He is to start trial in Stanislaus County on February 6, 2024. Mr. Hermanson states: "the trial judge in the Stanislaus County [case] advised there would be no additional contnuances. Also, I see no chance of the Stanislaus County case r...

Excerpt: ... at the post office, employees called the police when he refused to leave, and when confronted by Offcer Fletes, he insisted the officer write a report regarding the postal employees' treatment of him. The officer told him if he did not leave, he'd be arrested for trespassing. Ultimately, Plaintiff left and no arrest was made. No physical contact occurred between Plaintiff and Officer Fletes. (Complaint 31, 71, 79, 111, 115, 119, 170, 172, 175, 1...

Excerpt: ...side the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the 564.6.) "It is for the trial court to determine in the first instance whether the parties have entered into an enforceable settlement. [Citation.] In making that determination, 'the trial court acts as the trier of fact, determining whether the parties entered into a valid ...

Excerpt: .../23. (Complaint 98.) LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 16, 2023 TIME: 8:30 A.M. Page 3 of 13 Fraud allegations must be pleaded with more detail than other causes of achon. (Heritage Pac. Fin„ LLC v. Monroy (2013) 215 Cal.App.4th 972, 989.) The facts constituting the fraud, including every element of the cause of action, must be alleged "factually and specifically," i.e., the plaintiff must plead facts showing the defendant's misre...