Excerpt: ... firm acting as escrow agent that completed transaction despite instructions from seller to terminate sale].) In this case, Plaintiff alleges that the foreclosure sale was completed May 1, 2018, that Defendant had duty to disburse surplus funds by June 8, 2018 and that, despite no other claimants to the surplus funds, Defendant maintained control of the funds and attempted to condition release of the funds upon dismissal of a suit Page 2 of 3 for...

Excerpt: ...nded. In FCS053677, Plaintiff alleges physical injury due to “excessive force.” On April 29, 2020, the parties appeared via Zoom in FCS053677 for a case management conference one hearing. The parties agreed the cases are related. Based upon that agreement, the court orders the cases to be related. To date, no motion or stipulation has been received by the Court to consolidate the two actions. Parties to appear to address consolidation of the ...

Excerpt: ...as a matter of law. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.App.4th 826, 850) Despite this court's prior ruling that “Defendant Forsythe owed [Plaintiffs] a duty not to create an unreasonable risk of injury to them and breached that duty by informing Defendant Snyder he would look the other way if Snyder drove over Plaintiffs' signs” (Minute Order (2/26/20)), a duty that is not based on the duties of an owner of real property owed to inv...

Excerpt: ...entire Declaration of Rob Reiter generally and to his various assertions of JPMC's negligence particularly. The court declines to rule on these objections to evidence as it deems them not material to disposition of the motion for summary judgment, as discussed below. (Code Civ. Proc. § 437c, subd. (q).) Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (C...

Excerpt: ...th 1228, 1238; DeLeon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 812.) Defendant concedes that he “did reside in the property for about two years”. (Decl. of Aaron Nguyen, ¶ 3.) And, regardless of whether Defendant can be held liable for breach of the lease agreement, the facts alleged in the complaint give adequate notice that Defendant may be held liable for intentionally or negligently causing damage to real property owned by Pl...

Excerpt: ...nesses and governmental agencies. However, these discovery issues arose prior to declaration of a state of emergency or imposition of shelter in place orders and the discovery has been pending since August 2019. In addition to the multiple extensions, the court also considered Defendant's delay in responding to Plaintiff's December 2, 2019 meet and confer letter and the contents of Defendant's February 12, 2020 meet and confer letter. A. Motion t...

Excerpt: ... 2, Unlabeled “Exhibit 2”; Decl. of Jones, Exh. B.) Page 2 of 3 These causes of action are all based on duties arising out of Defendant's attorney‐client relationship with Decedent. (Complaint, ¶¶ 23‐63, 76‐80.) Plaintiff does not have standing to commence these causes of action, which survive the death of Decedent. (Code Civ. Proc. § 377.20(a).) A cause of action that survives the death of the person entitled to commence an action �...

Excerpt: ...ed for Taylor Venegas and one pro per cannot be represented by another pro per. Further, from the Court's review of the file, it appears that Erika Venegas has executed numerous documents which appear to take action on behalf of Taylor Venegas or may have signed pleadings on behalf of Taylor Venegas. 2. Confirmation of the status of parties' appearance in this suit. Plaintiff Erika Venegas filed dismissals of previously named Defendants. Taylor V...

Excerpt: ...ed causes of action. Judicial Notice. The court may properly accept facts it may judicially notice or that cannot reasonably be controverted when ruling on a motion for judgment on the pleadings. (Columbia Casualty Co. v. Northwestern Nat. Ins. Co. (1991) 231 Cal.App.3d 457, 468.) Defendants request judicial notice of the first amended complaint (“FAC”) and the lease agreement between them, Rickie Welch, and Bobby Welch, II. The court decline...

Excerpt: ...rtaining to the foreclosure sale at issue in this case and Plaintiff's Chapter 7 bankruptcy. Page 5 of 6 The court takes judicial notice of the existence and legal significance of the recorded documents as facts that cannot be reasonably controverted. (Ev. Code § 452, subds. (c), (h); Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) The court takes judicial notice of the bankruptcy court documents as r...

Excerpt: ...umption of those beverages. (Civ. Code § 1714(c).) The sole exception to this general rule of nonliability is when a “parent, guardian, or another adult … knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age”. (Civ. Code § 1714(d); Rybicki v. Carlson (2013) 216 Cal.App.4th 758, 764.) The term “furnish” requires an affirmative act to “to su...

Excerpt: ...ect is capable of cure and public policy favors great liberality in permitting amendment. (Aubry v. Tri‐City Hospital District (1992) 2 Cal.4th 962, 970‐ 971; Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768.) Plaintiff has made a plausible case that it can plead sufficient facts to establish HOISETH's potential liability. HOISETH's demurrer is sustained in its entirety with leave to amend. Plaintiff shall have thirty days from the date of he...

Excerpt: ...Saverio E. Demitri.) The factors to be taken into account in the determination of whether a settlement is in "good faith" include a rough approximation of the plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among the plaintiffs, and a recognition that a settlor should pay less in settlement than if found liable after a trial. (Tech‐Bilt, Inc. v. Woodward�...

Excerpt: ...DeLeon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 812.) Defendant concedes that he “did reside in the property for about two years”. (Decl. of Aaron Nguyen, ¶ 3.) Plaintiff alleges that each Defendant is the agent, employee, member, partner, principal, director, officer, heir, representative and/or joint venturer of the other. (Complaint, ¶ 5.) The undisputed evidence presented by Plaintiff supports this allegation. And, regardles...

Excerpt: ...g, upon a motion or in its discretion. Irrelevant matters are those not essential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Punitive Damages. Civil Code section 3294, subdivision (a) provides that punitive damages are only available in actions not arising from breach of contract if is “p...

Excerpt: ...issue of material fact on that element or defense. C.C.P. §437c(p)(2). The elements of a cause of action for negligence are duty, breach, causation and damages. Thomas v. Stenberg (2012) 206 Cal.App.4th 654, 662. In general, an action or inaction by a defendant must be a proximate or legal cause of the plaintiff's injury, in order for the defendant to be held liable. Valdez v. J.D. Diffenbaugh Co. (1975) 51 Cal.App.3d 494, 509. Courts apply a �...

Excerpt: ...(Code Civ. Proc. § 338(d).) Causes of action for breach of an oral agreement must be commenced within two years. (Code Civ. Proc. § 339(1).) The applicable statute of limitations for a cause of action for declaratory relief depends on the right or obligation sought to be enforced and is the same as would apply to actions for damages or injunction. (Howard Jarvis Taxpayers Ass'n v. City of La Habra (2001) 25 Cal.4th 809, 821; Ginsberg v. Gamson ...

Excerpt: ...aintiff's complaint identifies causes of action against the State for negligence, intentional tort and professional malpractice. (Complaint, par. 10.) On the face of the complaint, Plaintiff also checked the box “other” and typed in the words “wrongful assement [sic].” Other than attaching letters from 2018 regarding a 2014 tax assessment, Plaintiff makes no factual allegations at all. Significantly, Plaintiff does not allege compliance w...

Excerpt: ...de Civ. Proc. § 512.060(a).) Because Defendant has no interest in the property, the requirement of Plaintiff's undertaking is waived. (Code Civ. Proc. § 515.010(b).) Should Defendant wish to prevent Plaintiff from taking possession of the property, it may file with the court an undertaking in the amount of $11,345.51 to cover potential costs and damages that may be sustained as a result of Plaintiff's failure to gain possession. (Code Civ. Proc...

Excerpt: ...vil Procedure section 430.30, subdivision (a). Defendants request judicial notice of Deed of Trust 200500094746, recorded in Solano County on June 27, 2005, Substitution of Trustee 201800020648, recorded in Solano County on March 26, 2018, and Notice of Default 201800022079, recorded in Solano County on March 18, 2018. The court takes judicial notice of the existence and legal significance of these recorded documents as facts that cannot be reaso...

Excerpt: ...nts, and bank statements. Plaintiff has failed to produce any such documents or state that any such documents do not exist. As to number 30, Plaintiff must state what documents, if any, she submitted to Medi- Cal. If no other documents aside from profit and loss statements were ever provided to Medi-Cal, Plaintiff must so state. Plaintiff shall provide such responses and responsive documents, without objections, by May 4, 2020. Defendants are awa...

Excerpt: ...vantaged due to the court's prior notice of continuation, including the failure to file any necessary pleading during the period of emergency operations, in the event the parties are unable to appear, the hearing is continued to June 4, 2020. The court will provide notice and will repost its tentative ruling on June 3, 2020. Due to the length of this tentative ruling and the number of matters to be heard, a separate Zoom appointment will be email...

Excerpt: ... this judgment since 2010 when his wages were first garnished. Defendant was also on notice of the 2018 renewal of the judgment. Defendant fails to explain the unreasonable delay in seeking relief from the default. Due to the COVID‐19 emergency and orders to shelter in place, the court previously announced the intent to continue all civil matters through May 1, 2020. To ensure that no party has been disadvantaged due to this prior notice of con...

Excerpt: ... this judgment since 2010 when his wages were first garnished. Defendant was also on notice of the 2018 renewal of the judgment. Defendant fails to explain the unreasonable delay in seeking relief from the default. Due to the COVID‐19 emergency and orders to shelter in place, the court previously announced the intent to continue all civil matters through May 1, 2020. To ensure that no party has been disadvantaged due to this prior notice of con...

Excerpt: ... due by July 18, 2018. No responses were served and no extension was requested. On August 30, 2018, Defendant's counsel sent a meet‐and‐confer letter to Plaintiff's counsel requesting responses within 5 days. Again, no responses were served and no extension was requested. On March 12, 2019, Defendant's counsel sent correspondence to Plaintiff's counsel, again seeking responses to discovery requests. On March 20, 2019, Defendant's counsel forw...