Excerpt: ...y and Bank of America, Solano County Superior Court Case No. FCS045278 Dayton v. Bank of America, as successor by merger, Solano County Superior Court Case No. FCS052246 The instant lawsuit appears to be the third lawsuit filed by DAYTON against BANK OF AMERICA related to the foreclosure of the Crowley Lane property. FCS045278 was dismissed by DAYTON without prejudice. In FCS052246, a tentative ruling granting BANK OF AMERICA's motion for summary...

Excerpt: ...settlement must be submitted to the Labor and Workforce Development Agency simultaneously with the court. Plaintiff has shown that the settlement was simultaneously presented to the Labor and Workforce Development Agency. (Declaration of Scott L. Gordon, Exhibit 2.) The court finds the proposed distribution of the total settlement amount reasonable, including payment of $33,333 (one third of the $100,000 total amount) to counsel for attorneys' fe...

Excerpt: ...rts have been made to meet and confer to try to informally resolve the disputes. C.C.P. §2025.450(b)(2). The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past history of the counsel on prior disputes, and to a certain extent, the judge's gut feel...

Excerpt: ...intiff shows he properly presented a written administrative claim. Defendants acknowledge that Plaintiff met his claim presentation requirements. However, Defendants argue that Plaintiff failed to timely file this state suit. This argument fails to address the tolling of the state claim due to the pendency of the federal action. (See Addison v. State of California (1978) 21 Cal.3d 313, 319‐320; Harris v. Grimes (2002) 104 Cal.App.4th 180, 189.)...

Excerpt: ...lure to pay overtime wages, (10) unlawful business practices, (11) quantum meruit, (12) money had and received, and (13) unjust enrichment, filed on November 13, 2020. The core of the complaint is a dispute over an agreement between the parties for SHARMA to purchase real property (the “Property”) from Plaintiff and then sell it back to him. Defendants present a number of attachments and declarations to the court in support of their demurrer....

Excerpt: ...24, 32, 40), Plaintiff specifically alleged that Defendant Kaufman performed a lumbar puncture, without obtaining informed consent, that caused her injuries. (FAC, ¶¶ 26, 33.) A demurrer may be sustained when specific allegations inconsistent with general allegations render the complaint defective. (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1236.) Plaintiff concedes that Dr. Geller is not an emergency medicine physician ...

Excerpt: ...e costs of “Transcripts of court proceedings not ordered by the court.” As Item 11 in the memorandum of costs, KAISER GYPSUM COMPANY, INC. (“KAISER”) claimed $29,707.68 in court reporter fees for daily trial transcripts. Of this amount, by time of reply Plaintiff had withdrawn its challenge to the Realtime component of those costs, which the court from the table provided in KAISER's opposition computes to be $2,338.74. Those other costs c...

Excerpt: ...tion. (Code Civ. Proc., § 437c, subd. (o)(1).) A summary judgment motion is properly granted where the evidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not show facts sufficient to present a triable issue of fact. (Parker v. Twentieth Century‐Fox Film Corp. (1970) 3 Cal.3d 176, 181 (Parker).) The motion is not to be granted where any triable issue of material fact exists. (Ibi...

Excerpt: ...issues of duty and causation vis‐à‐vis each cause of action therein. Summarized, the complaint alleges that Defendants' negligence caused the death of Plaintiffs' family member Julian Hawkins (“Decedent”) at the hands of a gunman when both were in GENTLEMAN JIM'S, a bar. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (Code Civ. Proc., § 437c, ...

Excerpt: ...meritorious and cause for its denial. (Cal. Rules of Court, rule 3.1113(a).) In addition, Defendant has not established the existence of a legally protected privacy interest, an objectively reasonable expectation of privacy under the circumstances, and threatened serious invasions of the interest. (Williams v. Superior Court (2017) 3 Cal.5th 531, 552‐553.) A court need not balance asserted privacy interests with any countervailing interests ser...

Excerpt: ...ker Boat Co. (2009) 174 Cal.App.4th 1297, 1306.) A cause of action for negligence must be commenced within two years of accrual of the cause of action. (Code Civ. Proc. § 335.1.) A cause of action for breach of an implied warranty cannot accrue any later than one year after tender of delivery of the good, the “limited prospective existence beyond the time of delivery” provided by the Song ‐Beverly Act. (Com. Code § 2725(2); Mexia, 174 Cal...

Excerpt: ...CYNTHIA PIKE's complaint for negligence. Code of Civil Procedure section 877.6 provides the procedure by which one settling defendant among many may apply to the court for a determination that his settlement is in good faith. Factors the court should consider when evaluating good faith include a rough approximation of the plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlem...

Excerpt: ...intiff shows he properly presented a written administrative claim. Defendants acknowledge that Plaintiff met his claim presentation requirements. However, Defendants argue that Plaintiff failed to timely file this state suit. This argument fails to address the tolling of the state claim due to the pendency of the federal action. (See Addison v. State of California (1978) 21 Cal.3d 313, 319‐320; Harris v. Grimes (2002) 104 Cal.App.4th 180, 189.)...

Excerpt: ...fying what new facts or law support the renewed motion. On January 29, 2021, BMO HARRIS BANK N.A. (“BMO”) submitted a declaration which satisfies this jurisdictional requirement. During the pendency of this motion, the court raised two issues: (1) the independent authority of the insolvent corporate entities to appear through counsel and litigate issues related to assets and the existence and scope of debt given the appointment of a Receiver ...

Excerpt: ...d engaging in illegal activities.” (Complaint, ¶ 25.) A false and unprivileged publication that charges a person with crime or with having been indicted, convicted, or punished for crime constitutes slander per se and there is no need to plead or prove actual damages. (Civ. Code § 46(1); Regalia v. The Nethercutt Collection (2009) 172 Cal.App.4th 361, 367.) Similarly, when the defamatory meaning of a publication appears within the language it...

Excerpt: ...of Receiver Pendente Lite; Preliminary Injunction (filed December 6, 2018); (3) Stipulation and Order Supplementing the Authority Granted to the Receiver Pursuant to the December 6, 2018 Order for Appointment of Receiver Pendente Lite; Preliminary Injunction (filed March 28, 2019); (4) Stipulation and Order Approving Voluntary Termination Agreement (filed May 28, 2019); (5) Complaint (filed November 8, 2018); and (6) April 17, 2019 Minute Order A...

Excerpt: ...vidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not show facts sufficient to present a triable issue of fact. (Parker v. Twentieth Century‐Fox Film Corp. (1970) 3 Cal.3d 176, 181 (Parker).) The motion is not to be granted where any triable issue of material fact exists. (Ibid.) Affidavits, declarations, admissions, answers to interrogatories, depositions, and matters judicially...

Excerpt: ...e mistake or inadvertence. (Code Civ. Proc. §§ 2030.290(a), 2031.300(a).) Plaintiff's Motions to Compel Further Responses Plaintiff's motions to compel further responses to interrogatories and to their requests for production of documents are denied without prejudice. Plaintiff's meet and confer declarations do not “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented” (Code Civ. Proc. §...

Excerpt: ...on from Plaintiff CHANG WANG. Request for Judicial Notice (“RJN”). The court takes judicial notice of all of Defendant's proffered documents as records of courts of this state. (Ev. Code, § 452, subd. (d).) Anti‐ SLAPP Analysis. There are two prongs to the analysis of a special motion to strike made pursuant to Code of Civil Procedure section 425.16. (Argentieri v. Zuckerberg (2017) 8 Cal.App.5th 768, 780.) First the defendant must make a ...

Excerpt: ...Memoranda of Costs. California Rules of Court, rule 3.1700(a)(1) provides that a prevailing party who claims costs must serve and file its memorandum of costs within fifteen days of service of notice of entry of judgment or dismissal or within 180 days of entry of judgment, whichever is first. Claimant Defendants are prevailing parties in this Solano County action and entitled to claim costs. A dismissal was entered in their favor; it is immateri...

Excerpt: ...hat the conduct was likely to be harmful to the elder. (Welf. & Inst. Code § 15610.30(b); Bounds v. Superior Court (2014) 229 Cal.App.4th 468, 478.) A person takes or secretes real or personal property when the person deprives the elder of any property right, “including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult....

Excerpt: ...e accident. Now, the Guzman defendants seek court approval of their joint settlement offer for the policy limits of Miguelina's automobile insurance policy, which was accepted by Plaintiffs. Defendant County of Solano opposes each of the motions for good faith settlement. Nothing in defendant County's several unfounded allegations, speculative assertions and misrepresentations of evidence can turn straw into gold. There is no evidentiary basis fo...

Excerpt: ...e of action. (Code Civ. Proc., § 437c, subd. (o)(1).) A summary judgment motion is properly granted where the evidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not show facts sufficient to present a triable issue of fact. (Parker v. Twentieth Century‐Fox Film Corp. (1970) 3 Cal.3d 176, 181 (Parker).) The motion is not to be granted where any triable issue of material fact exist...

Excerpt: ...Statement, UMF Nos. 1‐3.) Liability is not at issue as Defendants stipulate that NACUA was negligent. (Plaintiff's UMF No. 4.) An issue crucial to the determination of both motions is whether Plaintiff maintained insurance effective on the date of the January 9, 2018 accident. It is uncontested that Plaintiff, at the time of the subject accident, did not have a valid California driver's license or license from another state. (Defendants' Additi...

Excerpt: ...ustained “if the factual allegations of the complaint are adequate to state a cause of action under any legal theory.” (Quelimane Co. v. Stewart Title Guar. Co. (1998) 19 Cal. 4th 26, 38, italics in original; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 870‐871.) Defendants' demurrer to the third cause of action for negligence is sustained without leave to amend. A plaintiff seeking to recover from parents for the tort of a child “must ...