Excerpt: ...n Reply, Plaintiff seeks $11,153) Defendant AMH opposes the motion on the grounds that Plaintiff failed to meet and confer, Plaintiff fails to establish good cause for further responses, and Defendant's responses and productions are code compliant. Defendant also seeks sanctions of $9,630 against both Plaintiff and her counsel for discovery misuse. The parties' papers establish the following: 4/14/23 Plaintiff serves RPD Sets One, Three on AMH (Z...

Excerpt: ...d Plaintiff that it would not release the records without a court order, and that it would not oppose any effort by Plaintiff seeking such an order. The subpæna seeks "[a]ny and all documents including, but not limited to, the complete investigation and/or police file, all reports, investigative reports, photographs, videos, surveillance closed circuit (CCTV) surveillance footage, written witness statements, detective reports and/or detective in...

Excerpt: ... modification, or reversal of existing law. ' In either case, to obtain sanctions, the moving party must show the party's conduct in asserting the claim was objectively unreasonable. A claim is objectively unreasonable if any reasonable attorney would agree that it is totally and completely without merit." Bucur v. Ahmad (2016) 244 Cal.App.4th 175, 189. (CCP 128.7 sanctions properly imposed where it was obvious that plaintiffs' claims were barred...

Excerpt: ...n re: Compliance with Meet and Confer Requirement. The same meet and confer process for filing a demurrer or a motion to strike must be followed before filing a motion for judgment on the pleadings under Code of Civil Procedure S 438. (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) S 7:309; Code of Civil Procedure S 439.) Before a statutory motion for judgment on the pleadings, moving party's counsel must meet and confer, in p...

Excerpt: ...conomic loss rule. a) The Economic Loss Rule may not bar Plaintiff's tort claims Economic loss consists of damages for inadequate value, costs of repair and replacement of the defective product or consequent loss of profits without any claim of personal injury or damages to other property. Robinson Helicopter Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988. An economic loss consists of damages for inadequate value, costs of repair, and replacement,...

Excerpt: ...ses the motion on the recent case of Randy's Trucking Inc. v. Superior Court of Kern County (2023) 91 Cal.App.5 th 818. Plaintiff contends the Court has broad power to reconsider a prior order on the basis of new or different law pursuant to Code of Civ. Pro. SIW8(a). Plaintiff asserts the new case, cited above, is controlling. In that case, a mental examination was set by defense counsel and plaintiff's counsel refused to permit the exam to go f...

Excerpt: ... (US Post Office) with a report that someone was trespassing and refusing to leave. Both reports indicate that the incident was handled at the scene. It does not appear that anyone was arrested or detained. No suspects' names or descriptions are listed in the Disclosure forms. (Ex. A to Petition) LAW AND MOTION TENTATIVE RULINGS DATE: SEPTEMBER 11, 2023 TIME: 8:30 A.M. Page 6 of 10 Petitioner claims that he suffered a bodily injury as a direct re...

Excerpt: ... materials for repairs to the greenhouse. (Points & Authorities at pg. 3.) Mr. Morales is a handyman who performed work for Ricardo Yerena, a former owner of Innovative. Mr. Yerena had access to Mr. Morales's insurance information as well as his handyman license number. Mr. Yerena provided this information to Front Range and represented Mr. Morales would perform the work. Mr. Morales provided a labor quote but decided not to perform the work at t...

Excerpt: ... filed by Iron Bridge Mortgage and Gerard Stascausky against Alvarez for fraud, and violations of 8 &P S 17200. On April 21, 2023, a First Amended Complaint was filed by Plaintiffs, alleging fraud, declaratory relief, accounting, quiet title, unfair business practices, breach of fiduciary duty, negligence. The FAC seeks, in addition to general damages, $50 million, punitive damages, and attornevs fees and costs. On May 17, 2023, Defendants filed ...

Excerpt: ...a complaint for negligence, negligence per se, trespass, conversion, tortious interference with contractual relations, and injunctive relief based on the allegation the County has been incorrectly testing for THC in commercial hemp crops since 2019. This resulted in Plaintiff's loss of 15 acres of commercial hemp. (Complaint '12) Following Defendants' motion for summary judgment/adjudication, the only remaining causes of action are negligence and...

Excerpt: ... 16, 2023 which did not raise any affrmative defenses. Motion Before the Court is a statutory motion for judgment on the pleadings, filed by the Plaintiff. The proof of service indicates Defendant was served with the motion. No opposition has been filed. Pursuant to Cade of Civil Procedure S 438(c)(1)(A), a motion for judgment on the pleadings brought by the plaintiff can only be granted if (1) the complaint states facts sufficient to constitute ...

Excerpt: ... Plaintiff SCC8 and Bui, with the Bui Trust as guarantor, entered into a lender-borrower relationship. SCCB and Bui signed and executed a promissory note where SCCB contracted to lend $1,000,000 to Bui. (Promissory Note is attached as Ex. A.) In connection with the Note, the Bui Trust executed a commercial guaranty (attached as Ex. B.) The Note matured by its own terms on May 17, 2022. The terms of the various agreement provide Defendant will pay...

Excerpt: ... Motions to Strike bought by all Cross-Defendants and a Demurrer brought by the Goldsmith Cross-Defendants. As explained below, the Court overrules the demurrer. The ant-SLAPP motons are granted in part and denied in part. CROSS-DEFENDANTS GOLDSMITH & HULL, A. P.C'S DEMURRER LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 31, 2023 TIME: 8:30 A.M. Page 5 of 19 The Goldsmith Cross-Defendants demurrer is overruled. The Goldsmith Cross-Defendants asser...

Excerpt: ...e pleadings are drawn in violation of a law, rule or court order. Code of Civ. Proc. S 436. A motion to strike, like a demurrer, is confined to the pleadings and matters judicially noticed. Motions to strike must be filed "within the time allowed to respond to a pleading, e.g., 30 days from service of the complaint unless extended by order of the court. CCP The motion is untimely since it was filed well beyond the time to file any responsive plea...

Excerpt: ... (US Post Office) with a report that someone was trespassing and refusing to leave. Both reports indicate that the incident was handled at the scene. It does not appear that anyone was arrested or detained. No suspects' names or descriptions are listed in the Disclosure forms. (Ex. A to Petition) Petitioner claims that he suffered a bodily injury as a direct result of the alleged illegal use of police powers that were designed and calculated to i...

Excerpt: ...(a foster family agency) which ran a service called Homes for Kids. Defendant Seneca Family Services merged with Above the Line in 2016. Plaintiff as placed in a foster home and asserts she was sexually abused. Specifically, Plaintiff contends she often visited the home of her foster's mother's sister, Angelique Millhouse. While at this home, Plaintiff contends she was groomed by her adult sons and sexually abused by them. , including Julian Rand...

Excerpt: ...a commercial cannabis cultivation enterprise without a license and gave notce of $7,500 in administrative penalties. Petitioner appealed to the County's administrative hearing officer, who after several days of testimony, found in favor of County, upheld the citation, and ordered him to pay $5,000 in civil penalties. Petitioner appealed that ruling pursuant to Gov. Code S 53069.4(b)(1). Following a review of the local agency file, the Court found...

Excerpt: ...erty (Ret.). The award, issued 5/23/23, requires Respondents to pay Petitioners $252,581.56 in damages and attorneys' and costs. Petitioners move to confirm the award pursuant to CCP #1285, 1287.4. Respondents oppose the petition and ask this Court to vacate the award. argue the arbitrator exceeded his authority by finding that Petitioners failed to establish any claim on grounds of fraud, yet determined they were prevailing parties, and he ignor...

Excerpt: ...the trial court. Continental Baking Co. v. Katz (1958) 68 Cal.2d 512, 527. A reviewing court will not reverse that decision except for an abuse of discretion. People v. Black's Food Store (1940) 16 Cal.2d 59, 61. The purpose of the injunction is to preserve the status quo pending litigation on the merits. The burden of proof is on the moving party to show the elements necessary to support the issuance of a preliminary injunction. Weil & Brown, Ci...

Excerpt: ...to the deadlines for filing a motion to augment the record, and filing the opposition to such a motion. Nevertheless, the Court will consider the parties' positions and arguments in their respective (albeit untimely) pleadings, and rule on the merits. DISCUSSION Standards for augmentation of an administrative record Petitioners are challenging actions taken by the Regents in publicly noticed hearings. (See Petition, parag. 34). Where, as here, a ...

Excerpt: ...f is stated, that aspect of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory." Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. To survive a demurrer, the complaint need only alleg...

Excerpt: ...GUST 21, 2023 TIME: 8:30 A.M. Page 2 of 2 The discovery burden is undue only if the inconvenience and expense of responding clearly outweigh the benefits likely obtained if the discovery is answered. ld. at 58:1008.1. The objecting party must supply evidence to support its claim of undue or excessive burden, showing the quantum of work required. Absent such evidence, the court has nothing "upon which to base a comparative judgment that any respon...

Excerpt: ...evs fees is denied. l. Factual and Procedural Background Petitioners own property located on Pleasure Point Drive, in unincorporated Santa Cruz County. On September 8, 2004, the California Coastal Commission (hereinafter "CCC") granted Petitioners a Coastal Development Permit (hereinafter "CDP".) The permit noted the development was within the coastal zone. (AROOOOI).I A CDP extension was granted to Petitioners until September 8, 2007. (AR000070)...

Excerpt: ...sanctions are also imposed against Defendant in the amount of $2,160.00, payable to Plaintiff within 14 days of the hearing. Plaintiff's Request for Judicial Notice: 1. Plaintiff's Complaint in this action, filed 2/22/23: Granted 2. Defendant's Answer, filed 3/27/23: Granted DEFENDANT'S MOTION TO RECLASSIFY ACTION AS LIM TED JURISDICTION CASE The motion is denied. "Amount in controversy" means the amount of the demand, recovery sought, value of t...

Excerpt: ...rtious interference with contractual relations, and injunctive relief based on the allegation the County has been incorrectly testing for THC in commercial hemp crops since 2019. This resulted in Plaintiff's loss of 15 acres of commercial hemp. (Complaint '12) Defendants move for summary judgment and/or summary adjudication of all five causes of action and the demand for injunctive relief. Prior to the hearing on this matter, Plaintiff dismissed ...