Excerpt: ...7) 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 Cal.App.4th 518, 525.) In a demurrer proceeding, the defects m...

Excerpt: ...h of a pet not caused by an intentional tort or where a special relationship exists. (McMahon v. Craig, supra, 176 Cal.App.4th at 1519 [veterinary malpractice and lying to the pet owner did not support action for emotional distress damages]; Plotnik v. Meihaus (2012) 208 Cal.App.4th 1590, 1607 [emotional distress damages recoverable from trespass to chattel when defendant intentionally struck plaintiff's dog with a bat] Levy v. Only Cremations fo...

Excerpt: ...tion. The discovery was served on 7/11/23. (Bemis Declaration, Ex. 1.) Responses were served on 8/15/23 but without verifications. (Bemis Decl., LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 25, 2024 TIME: 8:30 A.M. Page 2 of 4 Ex. 2.) Following counsel's attempts to meet and confer, and extensions of time to provide verifications, no verifications have ever been served. Unsworn discovery responses are tantamount to no responses at all. (Zorro ...

Excerpt: ...successful (and unopposed) motion to compel these responses, which was granted on 1/12/24. Following the Court's order, Plaintiff served incomplete responses to form interrogatories nos. 2.6 and 2.8. Request for Production of Documents, Set Two: Defendant seeks responses to requests for production, set two, from Plaintiff Reed. The discovery was served on 10/2/23. (Breen Decl., Ex. A.) Responses were due by 11/6/23, but no responses were served t...

Excerpt: ...nd in violation of the terms of the stock purchase agreement. They claim McKeon diverted more than $250,000 in funds from the dispensary to his personal accounts or his solely owned businesses. Form Interrogatories, Request for Production of Documents: Plaintiff Laggner seeks initial responses to form interrogatories and requests for production from Defendant McKeon. The discovery was served on 12/22/23. (Ringgenberg Declaration, Exs. A and B.) R...

Excerpt: ... relation to CFP's handling of her fire damage claim. Mapel is the only plaintiff LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 23, 2024 TIME: 8:30 A.M. Page 3 of 5 and her first amended complaint was not brought on behalf of a class. The primary allegations against CFP are that it violated Mapel's rights under the applicable policy and purposefully misrepresented and concealed material facts for the purpose of depriving Mapel of the payment of ...

Excerpt: ...h return receipt requested to 59 Hollins Dr., Santa Cruz, CA LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 19, 2024 TIME: 8:30 A.M. Page 2 of 3 95060, estimating Defendants' exact liability to be no more than $5,340,029.27.” (Opp. at pg. 1.) The prove -up hearing occurred on December 20, 2023 and judgment was entered by the court on December 26, 2023. Pursuant to Code of Civil Procedure 425.11, subdivision (c) “[i]f no request is made for the ...

Excerpt: ...uest be deemed admitted, as well as for monetary sanctions. Code of Civil Procedure section 2033.280, subdivision (c) requires the court to make this order “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary san...

Excerpt: ...), with her other action against it – A m a y a v. Encompass (21CV02782) (Amaya II), her PAGA wage and hour case. Defendant also moves to either stay or consolidate Daisy Espinoza v. Encompass Community Services (21CV02110) with this action. Plaintiff moves to consolidate her two actions (Amaya I and Amaya II) with the Espinoza action (21CV02110) and Hernandez v. Encompass Community Services (22CV02565). None of the motions are opposed. The Cou...

Excerpt: ...lating to the Judgment -Debtor's claim in pursuing the categorization of a family home as community property to which she was entitled to succeed to as the surviving spouse of the decedent. The complaint alleged the amount owed was $17,430.83. Judgment, after hearing, was entered on December 23, 2003, in the principal sum of $16,798.48, plus interest of $1,744.28 and costs of $350.50. According to the judgment, Judgment -Debtor failed to answer a...

Excerpt: ...21. Defendants defaulted and this suit resulted. Defendant Blume settled and a one -day court trial was convened as to Defendant Harvey on 2/13/24. The court issued a written judgment against Defendant Harvey for damages in the amount of $430,008.34. II. MOTION Plaintiff moves for an award of attorneys' fees in the amount of $12,375.00 as a prevailing plaintiff based upon a written contract containing an attorneys' fee clause. (Civil Code § 1717...

Excerpt: ...n's failure to pay on a credit card. Following her successful motion to set aside default, Defendant Brown cross - complained against Collect Access, LLC for violation of the Fair Debt Collection Act and Rosenthal Fair Debt Collection Act. Brown prevailed in a court trial held on May 25, 2018; and on July 13, 2018, a judgment was entered awarding Brown a monetary judgment of $3,000.00. On December 3, 2018, a judgment was entered awarding Brown st...

Excerpt: ...answered on June 29, 2023. The case was set for trial on October 6, 2023, with a trial date of May 28, 2024. Defendant filed her Motion for Summary Judgment/Adjudication on February 20, 2024. The hearing on this motion is set for April 26, 2024. II. Motion to Continue Plaintiff moved ex parte for an order shortening time to have this motion heard and that request was granted. The reason for Plaintiff's requested continuance of the trial is as fo...

Excerpt: .../23. BACKGROUND: Plaintiff's verified Complaint was filed 9/29/23, just four days after he voluntarily dismissed his previous verified action which alleged four causes of action against Defendants: cancellation of void deed, slander of title, declaratory relief, and quiet title. In that case, Defendants' demurrers and special motions to strike were on calendar for 10/2/23, but Plaintiff appears to have filed his voluntary dismissal in an effo...

Excerpt: ...alf of all Defendants and followed the voluntary dismissal of Plaintiffs 759 Las Olas Drive LLC and Hemant Tenaja on 1/5/24. Plaintiffs argue that Defendants are not prevailing parties entitled to costs. Defendants oppose the motion on the grounds that the voluntary dismissal entitles them to recover their costs as to those dismissed Plaintiffs and they need not wait to allocate costs between jointly represented clients until the end of the actio...

Excerpt: ...ed jurisdiction debt collection matter filed 4/3/23 by Wells Fargo against Defendant Greg Benson. Amount of damages sought is $10,593.74. There are six causes of action, all based on breach of written contract and common counts. The Complaint lists the debt amount but no identifying information as to the account number, and its only attachment is an unsigned credit card agreement. Defendant filed an Answer on 5/26/23 asserting a general denial ...

Excerpt: ...chase and sale of the Pandeys' property located at 207 Highland Court in Santa Cruz. On September 12, 2020, escrow closed. Lawless represented the Pandeys in the transaction. “Before plaintiffs entered into the contract, defendants knew that the property's natural drainage had been blocked, and that the property's past means of drainage, a drainage pipe extending into the neighboring property had been capped.” Further the complaint alleges th...

Excerpt: ...n is that electrical service was lost during the CZU Fire in 2020, causing extensive damage and business losses to Silver King, an aquatic farming operation growing and harvesting abalone at 245 Davenport Landing Road, Davenport, California. Plaintiff alleges that electric service “is vital to daily Farm operation for the circulation of Pacific Ocean seawater through tanks where the Abalone are stored and from which the Abalone ‘breath' and ...

Excerpt: ...“SCMTD.”) Petitioner asserts the bus driver negligently operated the bus which caused the fatal collision. Decedent passed away from the injuries he sustained in the accident on November 11, 2022, at the age of 53. After the collision Petitioner, who asserts he is the successor in interest to pursue the wrongful death action, “did not have the mental or emotional capacity to understand or navigate the complexities of legal recourse for his ...

Excerpt: ...dvertence, or excusable neglect is granted. (CCP §§ 2030.290, 2033.280, 2031.300.) Defendant shall serve her objections no later than April 26, 2024. LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 8, 2024 TIME: 8:30 A.M. Page 2 of 13 DEFENDANT CANDICE BRUNER'S DEMURRER, MOTION TO STRIKE I. Demurrer: Defendant's demurrer to the fourth cause of action for intentional infliction of emotional distress is overruled. For purposes of a demurrer, all pr...

Excerpt: ... owns property located at 918 3rd Street Unit C, Santa Cruz, CA, which she purchased in 2018 for $371,500. In February 2022, Beronia refinanced her mortgage in the amount of $515,000 from Defendant Rediger. The property is her primary residence and is a single -family home. (FAC at ¶¶ 9 -11.) Plaintiff alleges that when she signed the application and loan documents, Defendant instructed her to use a different address for her residence. Plainti...

Excerpt: ...uant to the Deed of Trust. (Dec. of Todd at ¶ 4.) The County of Santa Cruz recorded a Notice of Violation against the Property, on June 24, 2009 and then two liens in 2010 for failure to pay penalties and enforcement costs. (Defendant's RJN # 2 -4.) Plaintiff conveyed the Property via a grant deed to Charles P. Schwartz, III, Trustee of the Schwartz Family Trust, dated February 4, 2021. This conveyance occurred on February 12, 2021. (Defendant's...

Excerpt: ...sdiction and on real property subject to the County's ownership or control....” (FAC ¶16.) “Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of ...

Excerpt: ... of the grantor to impose restrictions on any portion of the Beach Land for the benefit of the Voris Property; (3) if Plaintiffs' have a real property right to protected views; and (4) if the Vorises acted or failed to act in any manner that substantially interferes with Plaintiffs' real property interests. Plaintiffs' motion for summary adjudication as to its first cause of action for breach of equitable servitude is denied on the grounds ther...

Excerpt: ... appears Plaintiff seeks to amend his complaint to add or modify causes of action. (See MPA at ¶ 2.) Code of Civil Procedure section 663 provides for vacation of judgment and entry of different judgment. A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the f...

Excerpt: ...the action or his or her legal representative may seek relief under CCP §473(b) and relief is mandatory when it is based upon an attorney affidavit of fault. Code of Civil procedure §473(b) provides the court with discretion to grant relief based upon a showing of “mistake, inadvertence, surprise, or excusable neglect.” The party moving for relief must show specific facts demonstrating that one of these conditions was met. (Hopkins & Carle...

Excerpt: ...ompromise and release. Defendants were supposed to pay Smith 20 quarterly payments in varying amounts over the course of five years. Defendant made a single payment of $3,000 in March 2023 and nothing since. The settlement agreement contains an enforcement provision pursuant to CCP §664.6. (Exhibit 1, Section 9.) Plaintiff Smith moves pursuant to CCP §664.6 to enforce the settlement agreement. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 27, 2...

Excerpt: ...aring related to its effort to impose a 47% rent increase on its residents. This Court sustained a demurrer ruling that the park owner had failed to join the park's residents as parties. An appeal followed, then a remand, which resulted in the case's dismissal with prejudice. Defendant then filed a motion for attorneys' fees based upon CCP §1021.5 which was granted. The park owner unsuccessfully appealed that ruling, and this motion seeks the A...

Excerpt: ...claration from his counsel. On March 17, 2023, Petitioner was followed home by police officers from the Scotts Valley Police Department. (“SVPD”) for a nonfunctional front headlight (Dec. of Nordgreen at ¶ 1 and Opp at pg. 2.) An incident ensued and initially Petitioner was charged with a misdemeanor, but that charge was later dropped after his attorney became involved. (Dec. of Nordgreen at ¶ 3.) On March 29, 2023, Petitioner called the SV...

Excerpt: ... unnecessary costs or delay. A consolidation of actions does not affect the rights of the parties. The purpose of consolidation is merely to promote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions. (Wouldridge v. Burns (1968) 265 Cal.App.2d 82, 86.) Whether to consolidate rests in the sound discretion of the trial court and will not be disturbed on appeal except upon a...

Excerpt: ...bel, slander and false light invasion of privacy. A demurrer for sufficiency tests whether 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 con...

Excerpt: ...r declaratory relief (against all Defendants). Plaintiffs seek a preliminary and permanent injunction restraining the Vorises' use of the first and second level decks; for an order compelling removal of the first and second level decks, for a declaration that the Vorises' property's deed created an equitable servitude that restricts construction of structure within the setback area identified in the deed; for a declaration that use of the fir...

Excerpt: ...ejected on the merits. • Petitioner's second action (21CV00537) asserted a challenge to the November 2020 approval of an amendment to the PWS EIR. The case was dismissed on demurrer based on the statute of limitations. • Petitioner's third action (21CV02699) challenged the October 2021 adoption of an addendum regarding minor design changes. It was dismissed for failure to file a timely Request for Hearing. In this action, Petitioner challeng...

Excerpt: ...physical injury. (Please see attached detailed information.)” • Intentional tort: “Defendants maliciously and intentionally applied restraints in a manner contrary to accepted practice causing Plaintiff to suffer a permanent physical injury. (Please see attached detailed information.)” • Premises Liability: “Defendants improperly applied restraints and dragged Plaintiff down a set of stairs. (See attached detailed account.)” • Exe...

Excerpt: ...makes both the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Empasis added.) In support of this request, Plaintiff submits a declaration from her counsel stating upon information and belief that Plaintiff is 72 years of age, suffers from high blood pressure, diabetes, and had ...

Excerpt: ...nt (“FAC”) on November 27, 2023. Defendant has again brought a demurrer and motion to strike. Plaintiff alleges the following causes of action in his FAC: (1) Fraud - Concealment; (2) violation of Business and Professions Code section 17200; (3) violation of the Song -Beverly Consumer Warranty Act - Breach of Express Warranty; (4) violation of Song -Beverly Consumer Warranty Act - Breach of Implied Warranty; and (5) violation of Song -Beverly...

Excerpt: ...attempt to relitigate issues previously litigated against them, may be barred from filing new lawsuits without prior leave of court. (CCP §§391 -391.7.) Any person who “commences, institutes or maintains” an action in pro per may be determined to be a vexatious litigant. §391(d). There are five bases set forth in §391(b) for declaring a person a vexatious litigant. The plaintiff's conduct must fall within one of these categories, and th...

Excerpt: ...y be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation.” (Cal. Constitution, Art. I, Section...

Excerpt: ...o Defendant at the time of sale. Plaintiffs claim that Defendant could not repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiffs. Plaintiffs' causes of action: 1. Violation of Civil Code §1793.2(d) (Song- Beverly Act): failure to service the vehicle to conform to the applicable express warranties after a reasonable number of opportunities 2. Violation of Civil Code §1793.2(b): fail...

Excerpt: ...n August 15, 2023. Pursuant to the Agreement, the parties stipulated that judgment would be entered in favor of Plaintiff and against defendant in the principal amount of $3,771.83 (principal), plus costs in the amount of $314.00. The judgment was to be stayed and no judgment would be entered so long as Defendant timely and properly made all payments as agreed. (Settlement Agreement at ¶¶ 1 -5.) The Agreement contained a clause which permitted ...

Excerpt: ...estrian- automobile accident, when he was struck by a vehicle driven by a Santa Cruz City Schools employee. Plaintiff is in pro per. Her handwritten complaint, filed 6/10/20, fails to plead that she presented any timely government claim. I. DEFENDANT'S MOTION Defendant moves for summary judgment on the grounds no government claim was presented. It presents the following undisputed facts: Plaintiff's Complaint includes a single cause of action fo...

Excerpt: ...Santa Cruz (“City”), and the County of Santa Cruz (“County”) -- challenge the Regents' September 30, 2021 approval of the 2021 Long Range Development Plan (“LRDP”) for the UCSC campus, the certification of the related EIR, and other related approvals (hereinafter referred to as the “LRDP Approvals”). Petitioners assert that the Regents violated a variety of substantive and procedural requirements of CEQA in relying on a defective...

Excerpt: ...ings (“Grow Holdings”), and of Quay Hays and Grow Land & Water, is denied as untimely. (CRC 3.1700(b)(4).) Grow Holdings is awarded $1,477.22. Quay Hays and Grow Land and Water are awarded $19,505.22. ANALYSIS: Prevailing parties are entitled to recover certain categories of costs as a matter of right. (CCP §1032.) Certain items of costs are specifically allowable, while others are specifically prohibited under CCP §1033.5(a)(b). The cour...

Excerpt: ...r future caregivers, as both are elderly, and that they have obtained approval for the proposed ADU from both the City of Santa Cruz and the Coastal Commission. The properties at issue are located on West Cliff Drive (the property owned by the Defendants) and Manor Avenue (the property owned by Plaintiff.) A First Amended Complaint was filed on February 15, 2024, alleging: 1. Violation of Public Resources Code section 30251. 2. Nuisance. 3. Cove...

Excerpt: ...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 trial proceeded on the issues of alter ego and prejudgment interest. The Court ruled that Quay Hays, Grow Land and Water, and Green Renewable Organic and Water Holdings (“Grow Holdings...

Excerpt: ...iness practices, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation and negligent training and supervision. On April 2, 2019, a notice of conditional settlement was filed and on May 21, 2020, the parties entered in a stipulation for dismissal and order. The case was dismissed with prejudice but the Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the terms of the sett...

Excerpt: ...rended the Plaintiffs' car. On 8/4/23, this Court granted Plaintiffs' attorney's motion to be relieved, on the grounds there were communication issues and his clients had not cooperated with prosecuting the case. Plaintiffs have failed to respond to any discovery in this action. As a result, Defendant Ortega Berry Farms asks this Court to dismiss their cases, or in the alternative, impose further LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 6, 20...

Excerpt: ...l arbitration must establish the existence of a written arbitration agreement between the parties. Code of Civ. Proc. § 1281.2. In ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute, and general principles of California contract law help guide the court in making this determination. (Mendez v. Mid -Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) No ...

Excerpt: ...ejected on the merits. • Petitioner's second action (21CV00537) asserted a challenge to the November 2020 approval of an amendment to the PWS EIR. The case was dismissed on demurrer based on the statute of limitations. • Petitioner's third action (21CV02699) challenged the October 2021 adoption of an addendum regarding minor design changes. It was dismissed for failure to file a timely Request for Hearing. In this action, Petitioner challeng...

Excerpt: ...23, Defendants propounded approximately 50 requests for production each to three non- parties: 763 Las Olas Drive Member LLC, Ann Tsukamoto and Irving Weissman. A party seeking documents from a nonparty “must articulate specific facts justifying the discovery sought; it may not rely on mere generalities.” (Board of Registered Nursing v. Superior Court (2021) 59 Cal.App.5th 1011, 1039 (2021).) Courts must assess a party's justifications ...