Excerpt: ... for Nos. 130, 135-138, 210, 215-218 and 269-271. Defendant says that these requests are duplicative of prior requests but doesn't address these specific requests in the Joint Statement. Because Defendant fails to address these requests, further code-compliant responses shall be provided. • Plaintiff claims Defendant served only boilerplate objections to Nos. 140, 143- 145, 147-150, 155, 157, 159-164, and 166. Defendant addresses nos. 143, 144 ...

Excerpt: ...gment as a matter of law but would have to present his evidence to a trier of fact.” (Weil & Brown, Civil Procedure. Before Trial (the Rutter Group, 2022) at § 10:240 citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851) It is not enough that defendant point out that plaintiff has no evidence as to a key element, rather “Defendant must also produce evidence showing plaintiff cannot reasonably obtain evidence to support that cl...

Excerpt: ...ir homes and yards and that such intrusion would be highly offensive to a reasonable person. (SAC ¶¶ 45-46) The TAC alleges that a person standing on Defendants' first level deck would be 6-7 feet above Plaintiffs' adjacent privacy fences, that the elevated decks allow persons standing on them an unobstructed view into neighboring backyards and home interiors (living room, dining and kitchen), and homes in the neighborhood are not typically con...

Excerpt: ...000 following a 17‐day trial related to Plaintiff's termination from employment as a custodian. Defendant Keenan seeks relief from this Court in the form of motions for new trial or remittitur, motion for judgment notwithstanding the verdict and motion to set aside and vacate the judgment. In ruling on these motions, the Court heard the evidence presented at trial, read and considered the papers submitted by the parties on Defendants' motions a...

Excerpt: ... Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) "A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action." (SKF Farms v. Superior Court (1984) 1...

Excerpt: ...e dealer. Plaintiff contends that the car has a stalling defect, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 31, 2023 TIME: 8:30 A.M. 2 1. Violation of Civil Code §1793.2(d) (Song‐Beverly Act) vs. FCA: failure...

Excerpt: ...MERS actually harmed Ginsburg is a matter for summary judgment or trial, not a judgment on the pleadings. As for standing, Ginsburg is the alleged bona fide purchaser of the property that now has clouded title, and as such has standing to sue related to that clouded title. Weil & Brown, Civil Procedure Before Trial, §2:2. Ginsburg's cross‐complaint is also not barred by the statute of limitations. The recording of a deed provides constructive ...

Excerpt: ...ract as failing to deliver certain documents and deliverables required by the Membership Interest Purchase Agreement (MIPA) between Crummer and Defendant Armstrong. The MIPA's purpose was to transfer/sell Armstrong's cannabis licenses held by Work Right Building LLC to Crummer. Benmore was named a party in that contract. For purposes of this demurrer, the Court cannot go beyond the FACC. Cross‐ Complainants allege several sections of the MIPA t...

Excerpt: ...�� (Code Civ. Proc. § 683.170(a).) A judgment debtor bears the burden of proving, by a preponderance of the evidence, that she is entitled to relief under section 683.170. (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 199.) Defendant submitted a declaration as well as points and authorities as to why the court should grant relief. Specifically, defendant states: “[t[he renewal of judgment should be vacated on the follow...

Excerpt: ... cases (to the already 64 venued here) will promote the ends of justice based upon the factors set forth in CCP §404.1 (see the Declaration of Allison Lange Garrison filed in support of the motion): • There are common issues of fact or law that predominate and are significant to the litigation of each included action; • Transferring the other 18 cases will promote the convenience of the parties, witnesses and counsel; • The relative develo...

Excerpt: ... intervene if the discovery requests are unduly burdensome or LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 23, 2023 TIME: 8:30 A.M. 3 invasive, particularly for a third party subject to a subpoena. Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) Rutter Group, 8:71‐8:72.2; CCP § 2017.010. “Where the only reason for seeking such financial information is to ‘give a tactical edge to the party who has o...

Excerpt: ...aling her dismissal to the University by the deadline of September 26; or (2) filed a timely appeal, making her application for a preliminary injunction premature until the conclusion of the appeal process. Petitioner's bases for reconsideration: (1) Reply brief she filed on the morning of the preliminary injunction hearing: the Court may refuse to consider late filed papers. Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765 [court has bro...

Excerpt: ...tenance Agreement for the project site shoreline protection structure shall be recorded by the owners. The Monitoring and Maintenance Agreement for the riprap revetment will be developed by Environmental Planning Staff.” (Ex. C to Dec. of Cove Britton.) • 5/31/22 County sends petitioners a letter, rescinding the August 12, 2021 acceptance. The County states “recent research and information has indicated that a maintenance agreement for the ...

Excerpt: ...8/22. The Court conducted a review of the agency file lodged by the County respondents. Petitioner filed “the present petition for de novo review of the Hearing Officer's decision pursuant to California Government Code Section 53069.4, and to enforce their rights under California Government Code Section 6258, the Public Records Act.” (POB at p. 9.) The Court views Petitioner's writ in two general areas: (1) was there sufficient evidence to su...

Excerpt: ...) a duty of honest and fair dealing and good faith. Sotheby's argues that this c/a fails because it is predicated exclusively on Buyers' actions in failing to follow terms of the Purchase Agreement and deadlines outlined by it, not by any of its acts, and that the facts as plead establish that Sellers prematurely canceled the Agreement so there are no facts that Sotheby's violated any duty of diligence, honesty or good faith. Sotheby's demurrer e...

Excerpt: ...and enforceable against all parties. The parties entered into settlement discussions in May 2022. (Mohamed Decl. ¶2; Sutton Decl. ¶9) Counsel declarations describe a lengthy process for obtaining all parties' signatures, but that appears to have been accomplished by 9/11/22. Defendants and their counsel all wet‐ signed the agreement on 8/31/22. (Sutton Decl. Ex. 1) On several occasions thereafter defense counsel took actions and made statemen...

Excerpt: ...] Moreover, the exemptions from disclosure provided by section 6254 are permissive, not mandatory: They allow nondisclosure but do not prohibit disclosure. [Citations.] Indeed, the penultimate sentence of section 6254 provides, ‘Nothing in this section prevents any agency from opening its records concerning the administration of the agency to public inspection, unless disclosure is otherwise prohibited by law.' [Citation.]” Marken v. Santa Mo...

Excerpt: ...isonment, based on the immunities afforded public entities pursuant to Government Code §815, and since no statutory basis for liability is plead, Defendant District is immune from liability for false imprisonment as a matter of law. Tilton v. Reclamation Dist. No. 800 (2006) 142 Cal.App.4th 848, 863‐864. The demurrer as to District is sustained without leave to amend. LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 10, 2023 TIME: 8:30 A.M. 4 Di...

Excerpt: ...to CRC 2.112 by failing to include the nature of the cause of action for each attempt at a cause of action and fails to use the format prescribed by the Rule of Court; LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 9, 2023 TIME: 8:30 A.M. 2 • Petitioner's motion fails to identify the changes to the Petition and why they are necessary in violation of CRC 3.1324(a); and • The Court file does not contain any declaration in support of the motion ...

Excerpt: ...intiff purchased an interest in real property at a homeowner's association (“HOA”) foreclosure sale. The HOA assessments were incurred by a non‐party, Mr. Guerrero, who purchased the property with a loan from America's Wholesale Lender in November 2005. The loan was later assigned to Bank of New York serving as trustee for the Certificateholder of CWALT, Inc. Alternative Loan Trust. The terms of the loan were later modified by Bank of New Y...

Excerpt: ...an‐patient privilege may only be waived through a clear manifestation of an intent to waive. (Evidence Code §912; Palay v. Superior Court (1993) 18 Cal.App.4th 919, 926, fn. 7.) Waiver occurs if the person holding the privilege, without coercion, discloses a significant portion of the communication or has consented to disclosure. Consent to disclosure is manifested by any statement or other conduct of the holder of the privilege indicating con...

Excerpt: ...gment order that was not a money judgment or an order directing it to pay money. American Surety, supra, 31 Cal.App.5th LAW AND MOTION TENTATIVE RULINGS DATE: DECEMBER 29, 2022 TIME: 8:30 A.M. 2 at 393. That is not the situation here. Instead, a money judgment was entered against Keenan, and the bond is currently 1.5x that judgment amount, complying with CCP §917.1(b). As to including later ordered attorneys' fees and costs in the judgment amoun...

Excerpt: ...tute a preponderance of evidence that an essential element of the plaintiff's case cannot be established...” Kids' Universe v. In2Labs (2002) 95 Cal.App.4th 870, 879. If defendant fails to meet this burden, its motion must be denied and plaintiff need not make any showing at all. Defendant can “show” that an essential element of plaintiff's claim cannot be established. This is done by presenting evidence that plaintiff does not possess and ...

Excerpt: ...hat statement. The closest she comes to alleging any intent to defraud is her allegation that LALLEMAND knew the probate notice was due at a certain time and “intentionally and knowingly did not do it”. (SAC ¶¶104‐108) Plaintiff's SAC: “104. Lallemand, an agent of Corman and CLO, did virtually nothing, or very little, of her own volition to begin trust administration. 105. January 30, 2019, attorney Parker, on the office speaker phone, ...

Excerpt: ...e causes of action against the moving party, Theta Chi Fraternity, Inc. (TCFI), for negligence (1st through 5t causes of action) based on various theories of direct, vicarious and alter‐ego liability (failure to manage and supervise; failure to use reasonable care; negligent undertaking; assumed duties; duty to prevent harm). TCFI moves for summary judgment, or in the alternative, summary adjudication of Plaintiffs' first, second, third, fourth...