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: ...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: ...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: ...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: ...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: ...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...