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: ...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 ...

Excerpt: ...�led on October 18, 2023. There are nine causes of action alleged: wrongful termination, retaliation, failure to pay overtime, failure to pay wages, failure to pay final wages, failure to reimburse, failure to provide accurate wage statements, and intentional infliction of emotional distress and civil penalties pursuant to private attorney general's act. Defendants answered on November 8, 2023. On November 15, 2023, Plaintiff propounded discove...

Excerpt: ...w mailing envelope with postage meter stamped dated January 24, 2023. SAR 42 -46 January 30, 2023 Motion to Vacate the January 24, 2 -23 Administrative Per Se Refusal Notification of Findings and Decision. SAR 47 January 30, 2023 Fax confirmation for San Jose Driver Safety Office. SAR 48 January 30, 2023 Fax confirmation for DMV Legal Affairs Division. SAR 49 -50 UPS Next Day Air shipping labels for DMV San Jose Driver Safety Office and Divisi...

Excerpt: ...o the sound discretion of the Court. (CCP §§ 473(a) (1) and 576.) Courts may permit amendments at any stage in the proceedings, up to and including trial, so long as there is no prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Leave may be denied if there was unwarranted delay in seeking it, or it would prejudice the opposing party, such as by delay in trial, loss of critical evidence, or added costs of p...

Excerpt: ...t Plaintiff failed to provide the Agreement in support of its motion, failed to provide invoice support for the charged fees, and failed to distinguish which fees were related to various events in the case (contempt motion, summary judgment, etc.). LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 27, 2024 TIME: 8:30 A.M. Page 4 of 14 The Court's original order did not approve fees and costs associated with the entire action, only the OSC contempt ...

Excerpt: ...empt and fined, incarcerated and sanctioned for her willful disobedience of the Court's orders of 10/23/23 and 12/18/23 regarding her continued deposition dates. Defendant further moves for evidentiary and/or terminating sanctions for Plaintiff's repeated violations of the Discovery Act and refusal to comply with court orders. Defendant seeks monetary sanctions in the amount of $4,920 for the costs and fees incurred in bringing this motion. Plai...

Excerpt: ...aintiff seeks to depose a corporate president, or corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's personal knowledge of the case and absent exhaustion of less intrusive discovery methods." (Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, 1287.) "[T]he trial court should first determine whether the plaintiff has shown good cause that the official has uniqu...

Excerpt: ...er 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 contentions, deductions or conclusions of fact or law ....” (Berkley v. Dowds (2007) 152 ...

Excerpt: ...ectly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. (Labor Code §200.3(2)(3); Declaration of Mohsin, ¶¶2 -17; Declaration of Ali Ammar, Exhibits A through L.) Further, no opposition was filed as to any of these entities. The motion is denied as to Zalo Holdings LP on the grounds that there is insufficient evidence that it uses substantially the same facilities or substantially the same wo...

Excerpt: ...verned by various recorded Covenants, Conditions and Restrictions (“CC&R”) and managed by the Pajaro Dunes Association (“Association”). Changes to properties must be proposed to the Association Board and/or Design Committee in accordance with the CC&Rs. (Complaint ¶¶4 -5; Request for Judicial Notice.) At some point prior to June 2022, Plaintiffs applied to remodel the interior of the home and construct multiple decks. In June 2022, the ...

Excerpt: ...signed. (Beene Decl., ¶¶10- 15). Defendants never responded to the discovery prior to the filing of this motion. Defendants filed an untimely Opposition to the motion, six court days after the filing deadline, contending they have suggested many times to Plaintiff's counsel how they thought he should “remedy” the situation, but that they would not respond to the discovery. Defendants fail to provide any declaration or any form of actual ...

Excerpt: ... Obviously, it was not something that could be adjudicated at a case management conference. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 14, 2024 TIME: 8:30 A.M. Page 4 of 6 The issue is whether EFAA's prohibition to arbitrate sexual harassment claims applies to cases in which the harassment and termination occurred prior to its enactment, as is the case here. Plaintiff asserts yes, because the act states it applies to disputes, and this dispu...

Excerpt: ...es, plants, seeds, and firewood to the public. (Complaint at ¶ 1.) Plaintiff alleges that in the years after the CZU Complex fire, several trees, and tree limbs had fallen on the property. While trimming and bucking trees, a dead and decaying limb from an overhanging tree fell and struck Plaintiff, breaking his spine and causing permanent paralysis. (Complaint at ¶ 2.) At the time of the incident, Plaintiff alleges he was an employee of Defen...

Excerpt: ...m Deendants' new decks block their views, which violates the deed restrictions on the property because the decks intrude into the setback, and violates their privacy because anyone on the elevated decks can look directly into their homes and yards. (TAC ¶¶ 1, 47-50, 53-55) Deendants began construction in late 2021. (TAC ¶¶ 20, 36.) Plainti
¯s contend that the plans submitted to the County or the project included misleading inormation reg...