Excerpt: ...or prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. Following entry of judgment in related case No.18CV03613, mobile home owner filed requests for entry of dismissal of his complaints in case no's 18CV02825 & 18CV03386, therefore Defendant Park Owner is prevailing party and entitled to reasonable attorney's fees. As for what constitutes “reasonable” attorney's fees: "Reasonable" attorne...

Excerpt: ...re the Court noted that the content of section 15610.57, subdivision (b)… seems to contemplate the existence of a robust caretaking or custodial relationship—that is, a relationship where a certain party has assumed a significant measure of responsibility for attending to one or more of an elder's basic needs that an able‐bodied and fully competent adult would ordinarily be capable of managing without assistance. (Winn v. Pioneer Medica...

Excerpt: ...st supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. II. VIKAS GOEL'S MOTION TO SET ASIDE VOID JUDGMENT AND TO QUASH SERVICE A. The Motion is Timely Cal. Code Civ Proc § 473 Amendment of pleadings provides: (d) The court may, upon mo...

Excerpt: ...ted/Complex. (2) Plaintiffs assert the matter should be designated complex under CRC 3.400 due to the number of parties and the volume of discovery. Answering Defendants do not oppose the motion. Plaintiffs are judgment creditors who in this action is seeking to hold Defendant entities liable for Plaintiffs' two judgments on alter ego theories. California Rules of Court Rule 3.400 provides guidance and notes the following factors are to be consid...

Excerpt: ...ks. (1975) 13 Cal.3d 710, 717) In Lyles v. State of California, (2007) 153 Cal. App. 4th 281, the Sixth District applied the 3 year statute of limitations to bar an inverse condemnation cause of action for damages to residential property allegedly caused by an inadequate drainage system surrounding public roads which allowed flooding of the property. Significant to the Court was the fact that “this case involves a one‐time known damage event�...

Excerpt: ...ed facts demonstrate that Ford's express warranty does not cover items needed to maintain the vehicle, such as “oils, lubricants, other fluids”; and that it does not cover “damage caused by using contaminated or improper fuel/fluids” [UMF 3]; that the truck was “perfect”, and did not have any problems in the first year [UMF 2]; that during the third repair visit on 10/16/16, after testing and diagnosis, a dealership technician working...

Excerpt: ... a non‐judicial foreclosure and trustee's sale of their property, because they did so under color of two recorded assignments of the Deed of Trust which are void: • A Corporate Assignment of Deed of Trust, executed on October 29, 1997 and recorded on May 17, 1999, by ICI Funding Corporation to Bankers Trust “as trustee under Indentiture relating to IMH Assets Corp., Collateralized AssetBacked‐Bonds, Series 1998‐3” [Assignment #2]; and...

Excerpt: ...djudication as to Plaintiff's second cause of action for fraud is DENIED. The operative complaint (Plaintiff's Fourth Amended Complaint) asserts a cause of action for medical negligence against Defendants Dignity Health (dba Dominica Hospital), Tobias Yeh, M.D., and John Christensen, M.D.; and a cause of action for the intentional tort of fraud in falsifying medical records against Defendant Dignity Health. Medical negligence cause of action‐�...

Excerpt: ...se to believe that information disclosed constituted a violation of law or regulation Plaintiff alleges that she reported to principal Oklin that it was not appropriate for her to teach a full 15 units of a 30‐unit Algebra course, because (1) she only had a substitute teaching credential and did not have the proper credential required to actively and directly teach an Algebra course; and (2) as a substitute teacher she could not legally teach 5...

Excerpt: ...of at least $25,000 as it requested in its Complaint. However, Plaintiff did prevail, on a practical level, by achieving its main litigation objective of stopping work in Defendant's unit until all necessary permits were obtained and ensuring that such work was carried out in compliance with the CC &R's. The Court concludes that had the litigation not been initiated, and the temporary restraining order obtained, Defendant would have continued wit...

Excerpt: ...ettlement is granted. A rough approximation of plaintiffs' total recovery is $5,000,000.00 As for settlor's proportionate liability, Settlor's percentage of liability is the touchstone question to be considered by the trial court in a contested good faith settlement hearing. (City of Grand Terrace v. Superior Court, (1987) 192 Cal. App. 3d 1251, 1262.) UCC had several viable defenses which would tend to limit its percentage of liabili...

Excerpt: ... on Maleksalehi's filing of the underlying complaint, which constitutes protected speech. Turner alleges that Malkesalehi “filed this action” after her divorce proceeding with Tabatabai was set for trial; and that he is “asserting the claim” to recover a loan from Enabledware in order to lower the value of Enabledware and help Tabatabai in the divorce proceedings. Her cause of action for Interference with Economic Advantage specifically a...

Excerpt: ...n for general negligence fails to state facts sufficient to constitute a cause of action against this defendant and the pleading is uncertain, ambiguous and unintelligible”. As these causes of action are for Conversion, Theft, Constructive Trust and Declaratory Relief, Defendant has failed to specify the grounds for demurring to these causes of action. The demurrer is therefore disregarded pursuant to CCP S430.60, and overruled. The motion to s...

Excerpt: ...er Tunnels/Pre‐Con v. Traylor Brothers, Inc./Obayashi Corp., (2003) 111 Cal. App. 4th 1328 where the court found the agreement to the Dispute Resolution Board unconscionable because only the owner and general had the right to select neutrals resulting in a DRB that was biased against the sub‐contractor, here the parties, i.e. the general and the subcontractor, each have the right to select one neutral with the third neutral being selected by ...

Excerpt: ... when the trial court conducts independent judgment review under section 1094.5. (Fukuda v. City of Angels,(1999) 20 Cal. 4th 805,819) Here, after his arrest ( after the initial PAS test), petitioner was formally advised of his post‐ arrest obligations under the implied consent law, with the officer reading him the verbatim admonishment from the official DMV DS 367 form which included the admonition that Petitioner was now required to submit to...

Excerpt: ... is any substantial evidence, or reasonable inferences to be drawn therefrom, in support of the verdict, the motion should be denied.” Hauter v. Zogarts (1975) 14 Cal.3d 104,110 BFR principally contends that John Cunningham's act of killing himself so far outweighs any “passive” failures on the part of BFR that the court must conclude as a matter of law that the negligence of BFR was not a substantial factor in causing Cunningham's death. B...

Excerpt: ...d the proposed settlement of 17% of that amount totaling $231,750. Plaintiffs are requested to provide supplemental briefing and declarations addressing the following so that the Court may evaluate whether the proposed settlement is fair, reasonable, and adequate: 1. A factual assessment of the strength of the case, including a factual basis for counsel's wholly conclusory statement that the proposed settlement for 17% of the total maximum recove...

Excerpt: ...cts. ‐ identify all documents that support its denials or affirmative defenses and the name, address, and telephone number of anyone who has each document. The motion to compel further responses to form interrogatory 17.1 is granted. As to Plaintiff's requests RFA F7—F8 and F10‐F14 BONY is ordered to address these specific requests for admission in its response and: ‐state the name, address, and telephone number of anyone with knowledge o...

Excerpt: ...gle such issue, the motion must be denied…On a motion for summary adjudication , the test is whether there is any “triable issue of material fact as to the particular claim… “If a triable issue is raised as to any of the facts in the separate statement, the motion must be denied.” Matters going to the weight of the evidence must be disregarded in ruling on the motion. Thus, one witness's declaration may effectively controvert a dozen to...

Excerpt: ...t proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants. (Id at p. 499) LAW AND MOTION TENTATIVE RULINGS DATE: July 1, 2019 ...

Excerpt: ...ptance of the dedication was not required to make the 1929 dedication effective. The case of Wright v. City of Morro Bay, (2006) 144 Cal. App. 4th 767 resolves this issue. That case involved the city of Morro Bay's acceptance of an offer of a dedication of a public street in 1935, 20 years prior to the enactment of the predecessor to CCP 771.010. There the court held, “It is an accepted rule of statutory construction that, absent a clear indica...

Excerpt: ...owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, a claim for damages, or an issue of duty. (o) A cause of action has no merit if either of the following exists: (1) One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. (2) A defendant establishes an affirmative defense to that...

Excerpt: ...0 A.M. 2 The terms “discriminate” and “harass” appear in separate provisions and define distinct wrongs under FEHA. FEHA's discrimination provision addresses only explicit changes in the terms, conditions, or privileges of employment; that is, changes involving some official action taken by the employer (such as hiring, firing, failing to promote, adverse job assignment, significant change in compensation or benefits, or official disc...

Excerpt: ... remedy. Id., §9:522, 9:527. In ruling on the motion, the court is to evaluate the potential–merits and interim‐harm factors, and the greater the showing on one, the less that must be shown on the other. Id., at §9:531. The parties have given widely divergent declarations as to the events surrounding Steven Smith's work at the two properties owned by Mr. Valente, for whom Defendant French acted as real estate broker. The court is unable to ...

Excerpt: ...Midtec, Inc. (2008) 168 Cal. App. 4th 1194, 1209, on which Viking relies, is factually distinguishable. There a builder brought a claim against a manufacturer under the Right to Repair Act, which provides that only homeowners can be “claimants”. The court found that the builder was limited to a claim for indemnity because he did not qualify as a “claimant” under the Act. The crosscomplaint by Above & Beyond is not brought under the Right ...