Excerpt: ...material fact which Plaintiff relied on to her detriment [UMFs 1‐30, 30‐60] The evidence in support of this material fact is as follows: Decl Leask, Decl Sue Rowley Decl Annamarie Nelson, Decl Craig Nelson Documentary evidence: Exhibit C. Reporter's Transcript of the Plaintiff's Deposition Vol. I, taken on February 3, 2016 Exhibit D. Reporter's Transcript of the Deposition of Plaintiff, Vol. II, taken on February 4, 2016. Exhibit E. Resumes o...

Excerpt: ...ilure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion. Dubois asserts as UMF no. 20: “On October 05, 2016, DuBois was advised that its proposal was not accepted and Fifty‐Five was working on estimates from other roofing contractors.” (Dubois Separate Statement UMF 20) The reference to the supporting evidence is: Email Correspondence, Exhibit B4; DuBo...

Excerpt: ...requests the court to compel the City to cease charging Plaintiffs the increased rates; cease charging other customers reduced and deflated rates; and refund all increased water charges paid by Plaintiffs since 2016, with prejudgment interest. The City demurs to the FAC on two bases: (1) Propositions 26 and 218 do not apply to Plaintiffs' claims, because Plaintiffs “voluntarily” use and pay for untreated water from the City, and therefore the...

Excerpt: ...iled to return the final modification agreement within the required timeframe, therefore their eligibility for a modification expired. Plaintiffs have failed to state sufficient facts to constitute a cause of action. The motion for JOP to the Third Cause of action for Violation of Civil C. section 2923.7 , is denied. Defendant argues that the allegation of a lack of a single point of contact is belied by the fact that Plaintiffs were reviewed for...

Excerpt: ...he initial cross‐complaint was filed on January 23, 2019. This cause of action is therefore time barred. Interference with contractual relations/prospective economic advantage (2d & 3rd c/as) Breach of fiduciary duty (4th c/a)/Fraudulent transfer (5th c/a) The Family Law court has sole and exclusive jurisdiction over these causes of action, which involve businesses which are community asserts. In October 2017 the San Mateo Superior Court grante...

Excerpt: ...strative body will not be disturbed in mandamus proceedings unless an abuse of discretion is demonstrated… In considering whether an abuse occurred in the context of public employee discipline, an important consideration is the extent to which the employee's conduct resulted in, or if repeated is likely to result in, harm to the public. (Lowe v. Civil Serv. Com (1985) 164 Cal.App.3d 667, 677 ) LAW AND MOTION TENTATIVE RULINGS DATE: June 25, 202...

Excerpt: ...l distress is overruled. The motion to strike the allegations and prayer for attorney's fees is granted. Elder Abuse (2d c/a) The court finds that Plaintiff has failed to state a cause of action for elder abuse under a theory of either financial or physical elder abuse. W&I Code §15610.30 defines financial elder abuse as occurring when a person “takes, secretes, appropriates, obtains of retains real or personal property of an elder or dependen...

Excerpt: ...ect provides for the construction of oncampus housing for a number of students that exceeds the CSA's enrollment cap; and (2) that Defendants have breached §5.1 of the CSA by proceeding with the planning process for the 2020 LRDP, including the release of a Draft LRDP and a Final Proposed Land Use Map which locates all new student housing on campus, without first conducting a comprehensive analysis of potentially feasible alternative locations t...

Excerpt: ...tances, or law. DEMURRER The unopposed special demurrer for uncertainty and general demurer to the 2d, 3 rd, 4th and 5th causes of action asserted in the Second Amended Complaint is sustained, without leave to amend. On its own motion the court strikes the 1st, 6th, 7th and 8th causes of action as constituting improper matter. Discussion The court previously sustained a special demurrer to the First Amended Complaint for uncertainty, and also sus...

Excerpt: ...tive damages from the prayer of the SAC is granted. The balance of the motion is moot in light of the sustaining of the demurrer to the Third cause of action ...

Excerpt: ...o defend their insureds does not make the parties." .Southern Cal. Edison Co, v, State Farm Mut. Auto, Ins. Co., (1969) 271 Cal. App. 2d 744 749. Plaintiff's cause of action is therefore not properly brought against Farmers. Plaintiff is granted leave to amend only to the extent that he can assert a negligence claim against Farmers which is not based solely on a contract of insurance with a defendant‐driver. MOTION TO STRIKE The motion to strik...

Excerpt: ...Section 809 (enforcement of an easement) and Pen. Code Section 420.1 (penalties for obstructing an easement), only the allegations in the body of the complaint constitute the cause of action. Falahatir v Kondo (2005) 527 Cal. App. 4th 823,829. A demurrer therefore will not lie to the prayer. Caldera Pharmaceuticals, Inc. v Regents of U.C. (2012) 205 Cal. App. 4th 338, 368. Defendants' Requests for Judicial Notice The court denies Defendant's RFJN...

Excerpt: ...irmation of Verbal Agreement for Emergency Force Account Agreement dated January 25, 2017. ▪ Disputed issues of fact exist as to whether CALTRANS Project Engineers asserted control over debris hauling and dumping practices used by Graniterock. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 25, 2020 TIME: 8:30 A.M. 2 Supporting evidence UMF No. 6, 10, 17—Plaintiffs' Exhibit. K [Lauderdale depo] , at 39:6‐15, 129:15‐130:9; Exhibit B [Wright d...

Excerpt: ...ctively concedes the materiality of whatever facts are included. Thus, if a triable issue is raised as to any of the facts in the separate statement, the motion should be denied. Nazir v. United Airlines, Inc., 178 Cal. App. 4th 243, 252 (Cal. App. 1st Dist. 2009. The court finds that triable issues of material fact are raised as to each of the issues submitted by Defendants for summary adjudication. Based on the declaration of Plaintiff's expert...

Excerpt: ...cident. Counsel are ordered to appear at the hearing by Court Call to set a trial date (possibly 5/26/20) within 120 days of the hearing (i.e. on or before 7/20/20). ...

Excerpt: ...cident. Counsel are ordered to appear at the hearing by Court Call to set a trial date (possibly 5/26/20) within 120 days of the hearing (i.e. on or before 7/20/20). ...

Excerpt: ...n enough to allow Defendants to understand the nature of the allegations against them, and the theory of liability in order to fashion an appropriate response. Any ambiguities can be clarified under modern discovery procedures. (Id.) The face of the first and second causes of action for breach of contract and breach of the implied rental agreement does not reveal that the oral rental agreement was for more than one LAW AND MOTION TENTATIVE RULING...

Excerpt: ...ttorney's fees”. The parties agree that this provision is broad enough to encompass both contractual and non‐contractual claims. In this case Defendants successfully defended the contractual claims, while Plaintiff received a monetary award on the non‐contractual claim for conversion. The court is therefore guided by Maynard v BTI Group, Inc.(2013) 216 Cal. App. 4th 984, which holds that in this situation the general provisions of the Code ...

Excerpt: ... 2 Circle Dr., Santa Cruz, CA (“the Property”) at a trustee's sale, despite Plaintiffs' submission of a complete loan modification application. (First, Third, Fourth, and Fifth causes of action) As to those four surviving causes of action, the following paragraphs constitute the allegations of the operative TAC following the demurrer and motion to strike the TAC: ¶¶40(b), 56‐59, 78‐80,82‐86,88‐ 105,107‐113. (see Order on demurrer ...

Excerpt: ...22.20.) As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Therefore the demurrer to the first cause of action for quiet title is overruled. As to the Second Cause of Action for violations of CEQA, the County's claimed public nuisance exemption from CEQA assumes that the C...

Excerpt: ...5 allows the trial court to impose sanctions for frivolous actions or tactics made in bad faith. Plaintiff has not followed the safe harbor provision in this section; the trial court cannot award appellate sanctions; and while this court's orders were affirmed on appeal the appellate court decision does not indicate that the appeal was necessarily frivolous or in bad faith; • CCP §2025.430 provides for discovery sanctions for failure to attend...

Excerpt: ...hood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person.” CCP §2017.020 (a). The court finds that justice requires the issuance of the requested protective order to protect Plaintiff from unwanted annoyance, embarrassment, oppression, or undue burden and expense; and that the intrusiveness of this disc...

Excerpt: ... has run will not be permitted when the result is the addition of a party who, up to the time of the proposed amendment, was neither a named nor a fictitiously designated party to the proceeding. (Ingram v. Superior Court (1979) 98 Cal.App.3d 483, 492) Defendant Kurrus was neither a named nor a fictitiously designated party to the proceeding when the original complaint was filed. Moreover, while the Supreme Court has a liberal attitude toward all...

Excerpt: ...parate trials of issues or causes of action will further convenience or “be conducive to expedition and economy”. The purpose of bifurcation is to promote judicial economy. Horton v Jones (1972) 26 Cal. App. 3d 952, 954. The preferred procedure is to try equitable actions first, where to do so will result in factual and legal findings that effectively dispose of the legal claims, and promote judicial economy. Weil and Brown, California Proced...

Excerpt: ...facbo (2003) 539 U.S. 52,55‐57; Valley View Health Care, Inc. v. Chapman (E.D.Cal. 2014) 992 F.Supp.2d 1016, 1029.) The FAA requires courts to place arbitration agreements “on equal footing with all other contracts” and a state rule that singles out arbitration agreements for disfavored treatment violates the FAA. (Kindred Nursing Ctrs. Ltd. P'ship v. Clark (2017) ___U.S.___ [137 S.Ct. 1421, 1423.) LAW AND MOTION TENTATIVE RULINGS DATE:FEBR...