Excerpt: ...l economy and to avoid conflicting rulings. (Caifa Professional Law Corp. v. State Farm Fire & Casualty Co. (1993) 15 Cal.App.4th 800, 807.) LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 29, 2024 TIME: 8:30 A.M. Page 6 of 10 It appears that at least four other earlier filed actions exist in which the claims (hourly non -exempt, periods of employment, claims, and employing facilities) overlap with plaintiff's, rendering a renewed stay in this act...

Excerpt: ...9, 2024 TIME: 8:30 A.M. Page 8 of 10 (c), 2923.7, 2924.9, and 2924.10, as well as negligence and violations of the Unfair Business Practices Act pursuant to Business and Professions Code section 17200. Plaintiff obtained a loan on the property in question from defendant RMR; the trustee is defendant SLS. (Complaint at ¶ 10.) The loan went into default. On November 11, 2022, SLS caused to be recorded a notice of default and election to sell under...

Excerpt: ...answer”) includes a general denial, alleges that plaintiff was the store General Manager and properly exempt, and asserts 28 affirmative defenses addressing the particular labor code allegations (nos. 8, 15 -17, 23- 27) and general employment- related defenses. Plaintiff's demurrer is based on the following: • Irrelevant defenses (nos. 3, 4, 6, 7, 12 -14, 17- 19, 21, 22, 25) LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 29, 2024 TIME: 8:30 A.M...

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: .../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: ...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: ...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: ...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...