Excerpt: ... A.M. Page 2 of 6 Based on the judicially noticed documents herein, this demurrer is sustained without leave to amend and the case is dismissed based on res judicata. Plaintiff's Complaint also fails to comply with California Rules of Court, Rules 2.108, 2.109, 2.110 [lack of line numbers, page numbers, and footers]. Considering Plaintiff's extensive history of initiating self-represented legal proceedings, she is aware of court requirements for ...

Excerpt: ...o Title Ins. co. (1999) 70 cal.App.4th 1047, 1063. Further, Plaintiffs argue without legal authority that since subdivision (c) of Emergency rule 9 (Cal. Rules of Court, Appx.), the sunset provision, was adopted after their cause of action accrued, they then get a benefit of the Covid-19 emergency tolling period. They do not indicate when their statute would have run under their theory. This is likely because it is impossible to do; their cause o...

Excerpt: ...laintiff's property (apparently related to the previous lawsuit) which caused Plaintiff's attempt to sell his property and purchase anotherto fall through. (SAC "1 66-85) Where the complaint prevents a party from reasonably determining what issues must be admitted or denied, or what counts are alleged against it, a demurrer for uncertainty can be sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) Where several claims ar...

Excerpt: ...right of petition or free speech in connection with a public issue." Where a cause of action is "mixed," and is based on both protected and non- protected activity, the entire cause of action may be stricken under 5425.16 if the principal thrust or gravamen of the claim is protected activity. Ifthe court determines that the moving party has made this threshold showing, the burden shifts to the other partyto demonstrate a probability of prevailing...

Excerpt: ...plication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The Notice of Entry of Order on the underlying motion was served by regular and electronic mail on Angeles Contractor on 12/9/23. Therefore, any motion by Angeles Contractor to reconsider the Court's order must have been filed by 12/19/22. The motion was untimely filed on 12/28/22. Even when a motion for reconsideratio...

Excerpt: ...ncy of a pleading "by raising questions of aw." (Postley v. Harvey (1984) 153 Cal.App.3d 280, 286.) 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 Cal.App.4th 518, 525.) The court has reviewed the demurrers, as well as the objections and replies. The court notes counsel for Plaintiff, in opposition, attached ...

Excerpt: ...er continued hearings and supplemental br-efing this Court granted Defendant's petition to compel arbitration as to John and Ann's claims for elder abuse, violation of patent's bill of rights and fraud; denied the petition as to Paul William's claim for wrongful death; and stayed the judicial proceedings, with Paul's claim to trail the arbitration in Superior Court. On 1/28/21, Plaintiffs stipulated to submitting the entre matter to arbitration b...

Excerpt: ...covery was served on 7/13/22. (Sinha Declaration, Exs. A and 8) Defendants served unverified and incomplete responses on 9/12/22. (Sinha Decl. Exs. C and D) Following meet and confer, Defendants served verified supplemental responses for all of the requests in dispute on 4/14/23. (Sinha Decl„ Exs. E, F, G) On 4/18/23, defense counsel Ms. Sinha inquired via email about the absence of the photographs and repair information related to the County's...

Excerpt: ...requires Respondent to pay Petitioners $266,276.02, orders specific performance of the purchase contract, requires Respondent to deposit a deed in escrow within 30 days of Petitioners' deposit of the purchase price in escrow, awards costs of suit of $29,287.52, and attorneys' fees of $105,023.50. Petitioners move to confirm the award pursuant to CCP #1285, 1287.4. Respondent moves to vacate the award. She has argued all along that she was fraudul...

Excerpt: ... The Second Amended Complaint is the operative complaint. While Figueroa is named, he has not been served nor is he active in the case. A demurrer brought by the LIC Regents was sustained without leave to amend as to the First and Second Causes of action in the Second Amended Complaint. The remaining Fifth cause of achon for negligent hiring, supervision, and retention, remains against the Regents and is the subject of this motion for summary jud...

Excerpt: ...ewed motion for transfer of venue back to Napa. Code of Civil Procedure section 397(c) grants the court discretionary povver to transfer a case to any other county "when the convenience of the witnesses and the ends of justice would be promoted by the change." It is only the convenience of the nonparty witnesses that is important. Absent extraordinary circumstances, the parties' convenience is not considered-even if they are to testify. (Weil & B...

Excerpt: ...and she could not have anticipated it to occur. Plaintiffs are the occupants of the vehicle Defendant collided with. They claim injuries as a result of the accident. Legal Authority Code Civ Proc S 1987.1 Order to quash, modify or limit (b)lf a subpæna requires the attendance of a witness orthe production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking ...

Excerpt: ...e papers submitted by the parties on Defendant's motions and will hear and consider counsels' arguments at the hearing on the motions. l. DEFENDANT'S MOTION FOR NEW TRIAL DEFENDANT'S GROUNDS FOR MOTION: A motion for new trial asks the trial court to reexamine one or more issues of fact or law after a trial and decision by judge or jury. Code Civ. Proc. SS 656, 557. The authority of a trial LAW AND MOTION TENTATIVE RULINGS DATE: MAY 26, 2023 TIME:...

Excerpt: ...vs reformed ordinance allowing more than one surf school at that location) but that he's been illegally prevented from obta-ning a City permit and licensing and retaliated against by City and its staff. Meyberg brings this suit against City, nine City employees, and one third party for a long list of claims. In October 2022, Meyberg's First Amended Complaint was challenged by demurrer to the first six causes of action and the Court ruled: 1. Reta...

Excerpt: ...MONT CDJR) is the dealer/servicer. Plaintiff contends that the car has electrical, engine, and transmission defects, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: 1. Vio ation of Civil Code 51793.2(d) (Song-Beverly Act) vs. FCA: failure to service the vehicle t...

Excerpt: ...sance, and trespass. The essential allegations involve the failure of a reta-ning wall in January 2017. Plaintiffs contend the wall failed due to action/inaction on the part of Defendants. On June 11, 2020, Defendants filed a motion for summary judgment. On July 30, 2020, Plaintiffs, after moving ex parte, filed a motion for leave to amend their complaint. Defendants this motion; however, the moton was granted. On August 17, 2020, Plaintiffs file...

Excerpt: ... signed by a party if it is signed by any of the following: 'l (1) The party. (2) An attorney who represents the party. 'l (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf." (Code of Civ. Pro. S 654.6, subd. (b).) The parties entered into a written Stipulation for Entry of Judgment Pending Performance. This document was signed by counsel for Plaintiff and Defendant (who at the ti...

Excerpt: ...is signed by a party if it is signed by any of the following: 'l (1) The party. (2) An attorney who represents the party. 'l (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf." (Code of Civ. Pro. S 654.6, subd. (b).) Plaintiff demonstrated the existence of an enforceable written settlement agreement between the parties entered into in August 2022. (Ex. A To Tapper Dec.) The partie...

Excerpt: ...imited liability company by purchasing for cash the membership interests owned by the members so initiating the proceeding, the 'moving parties,' at their fair market value." Section 17707.03(c) further provides: "Ifthe purchasing parties elect to purchase the membership interests owned by the moving parties, are unable to agree with the moving parties upon the fair market value of the membership interests, and give bond with sufficient security ...

Excerpt: ...d cause exists for the filing of a motion for summary judgment and/or adjudication because (1) testimonyfrom the first phase of the trial would be a defense to causes of action at issue in the phase two trial and (2) allowing the filing of motion for summary judgment and/or adjudication would further the goal of judicial economy. First, Plaintiffs did not provide authority for their argument that a second phase of a trial re-opens the time period...

Excerpt: ...MONT CDJR) is the dealer/servicer. Plaintiff contends that the car has electrical, engine, and transmission defects, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: 1. Vio ation of Civil Code 51793.2(d) (Song-Beverly Act) vs. FCA: failure to service the vehicle t...

Excerpt: ...d workmanship, particularly relating to the vehicle's battery. Plaintiff contacted GM and asked them to repurchase the vehicle and provide him with a replacement vehicle. GM agreed to LAW AND MOTION TENTATIVE RULINGS DATE: MAY 16, 2023 TIME: 8:30 A.M. Page 2 of 2 repurchase the vehicle but never provided a replacement vehicle, as promised. (Complaint at pars. 17-21.) In support of his claim for conversion, Plaintiff alleges he is the owner of and...

Excerpt: ... (1998) 68 Cal.App.4th 856, 860; Antelope Valley Groundwater Cases (2018) 30 Cal.App.5th 602, 615. The court is to consider six factors when ruling on a motion to disqualify counsel. Kirk v First American Title ins. co. (2010) 183 cal.App.4th 776.800, 807-808. These factors are: 1. A client's right to chosen counsel; 2. An attorney's interest in representing a client; 3. The financial burden on a client to replace disqualified counsel; 4. The pos...

Excerpt: ...2023, approximately seven months after the judgment was mailed to Defendants. Cal Code Civ Proc S 473.5 Relief from judgment where summons does not result in actual notice: (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judg...

Excerpt: ...he citation, and ordered him to pay $5,000 in civil penalties. Appellant appeals that ruling pursuant to Gov. Code S 53069.4(b)(1). MOTION TO VACATE HEARING DATE Appellant's motion to vacate the April 27 hearing date is denied. On 8/11/22, the Court reclassified this case as a limited civil case following County's motion to do so. Appellant moves the court to vacate the hearing date, set a case management conference and identify the case as a lim...