Excerpt: ...a need and good reason to extend the discovery cut‐off with respect to certain discovery in this case, and that doing so will not result in any delay of trial or prejudice to SEENO CONSTRUCTION or ASPEN INSURANCE. DGC has established a need to extend the discovery cut‐off so that DGC may file motions to compel with respect to the verified discovery responses that were recently provided by SEENO, to the extent such motions are permitted under ...

Excerpt: ....4th 771, 790 [citing “the general rule that statutory causes of action must be pleaded with particularity”]; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795 [the same]. Plaintiff's HBOR‐based and unfair business practices causes of action are premised upon her status as a successor in interest, residing on the subject property for more than 6 months prior to the death of her mother (her last surviving parent), entitled...

Excerpt: ...ent of the CEQA process”]; 15202(a) [“CEQA does not require formal hearings at any stage of the environmental review process. Public comments may be restricted to written communications”]; El Morro Community Assn. v California Dept. of Parks & Recreation (2004) 122 Cal.App.4th 1341, 1348, n.4 [“Although public hearings are encouraged, CEQA does not require them on environmental documents or in connection with project approval”]. An agen...

Excerpt: ...benefits, records related to workers compensation claims and medical records. Given the nature of the scope of damages, it is appropriate for Defendants to seek records directly from Plaintiff's employer related to his physical capacity to perform his job. Defendants have adequately established good cause for in camera review of Plaintiff's personnel records to the extent that they might contain information relevant to his claim of personal injur...

Excerpt: ...8.5. Motion for Attorney's Fees Plaintiff's motion for attorney's fees, costs and expenses is granted in part. Plaintiff's billed hours generally appear reasonable and do not appear to be contested on a task‐based basis by Defendant. The court reduces the hours billed which includes 2 hours for the motion for sanctions. The hourly rates for Mr. Mikhov exceed typical rates for Solano County and are reduced to $500 per hour, which is consistent w...

Excerpt: ...ff, other than the attachment of the deed of trust, notice of default, notice of trustee's sale and trustee's deed. (FAC, Exhs. A‐D.) A complaint must allege “ultimate facts,” not merely conclusions. With respect to the first cause of action, the First Amended Complaint (“FAC”) fails to allege sufficient facts to state a violation of Civil Code §2923.5. Plaintiff's declaration recorded with the Notice of Default establishes compliance ...

Excerpt: ... explore options to avoid foreclosure (FAC, ¶¶ 18, 28, 38), no actual contact is required by the statute and Plaintiff fails to allege specific facts demonstrating that Defendant failed to exercise due diligence in its attempts to contact Plaintiff. (Civ. Code § 2923.5(e); Rossberg v. Bank of Am. (2013) 219 Cal.App.4th 1481, 1494.) Although Plaintiff does state that Defendant did not attempt to contact him, he provides no factual support for h...

Excerpt: ... and recording of the three lis pendens. Defendant is an incorporated business engaged in the purchase and sale of real property. (Complaint, ¶ 3.) Plaintiff is an officer and director for the corporation. (Complaint, ¶ 1.) Plaintiff's lawsuit was filed December 4, 2018, and the lis pendens were filed and recorded December 5, 2018. At the time the complaint was filed, Defendant was in escrow for the sale of one of the properties which was the s...

Excerpt: ...INTAGE CONTRACTORS or of the facts rendering VINTAGE CONTRACTORS liable. Therefore, it is not clear from the complaint that the “relation back” doctrine would not apply or that the action would be barred by the two‐year statute of limitations of CCP Section 335.1, as Defendant contends. Allegations that Defendant PAZ had a load in his truck at the time of the collision are not sufficient in this regard. Nor are the standard boilerplate alle...

Excerpt: ... of the PMK at PAKSN, INC., and the notice of the deposition of the PMK at SAGAR, INC., which are almost identical, are somewhat overbroad, and not all of the topics and requests are reasonably calculated to lead to the discovery of admissible evidence. According to the report of CMS dated March 24, 2017, CMS found several deficiencies at the La Mariposa Care and Rehabilitation Center at that time. (Declaration of Hooshie Broomand, Exhibit C). Ho...

Excerpt: ... 274.) Because Defendant has not met its burden, Plaintiff need not produce any evidence nor disprove anything. (Guz v. Bechtel Nat'l, Inc. (2000) 24 Cal.4th 317, 356; Y.K.A. Indus., Inc. v. Redevelopment Agency of the City of San Jose (2009) 174 Cal.App.4th 339, 353; United Cmty. Church v. Garcin (1991) 231 Cal.App.3d 327, 338.) Defendant seeks summary judgment on essentially three grounds: 1) there is a complete defense to Plaintiff's complaint...

Excerpt: ...oner here filed a request for hearing on September 12, within 90 days after filing the petition on June 18. Real party in interest SOLANO COUNTY WATER AGENCY (“SCWA”) did not contest the timeliness of the filing of this request, but argued that it was a hollow request if the administrative record was not ready, or soon to be ready. Public Resources Code §21167.6(a) requires the petitioner to request the respondent public agency prepare the r...

Excerpt: ...HE. The second amended complaint alleges sufficient facts to indicate that FORSYTHE was on duty as a security officer in the area in front of the Six Flags park at the time of the incident, and his alleged conduct was incident to his duties or could have been reasonably foreseen by defendants. (Martinez v. Hagopian (1986) 182 Cal.3d 1223, 1228). The demurrer to the third cause of action for conversion is sustained to the extent it is based on the...

Excerpt: ...he “lower” portion of St. John's Mine Road from Columbus Parkway which runs adjacent to parcels APN 182‐020‐070, 182‐020‐ 060 and 182‐020‐130 to the line of parcel 182‐010‐060 (i.e. from the first cattle guard to the second cattle guard) is a public roadway. (UMF No. 5.) The parties agree that the “lower” portion of St. John's Mine Road was made a public roadway by virtue of a 1938 express offer to dedicate a public roadwa...

Excerpt: ...le issue of material fact as to whether the medical treatment and advice provided to plaintiff ESTELLA PETERMAN by Defendant MOJADDIDI was below the standard of care for a health care provider and whether any such breach of the standard of care by MOJADDIDI was a substantial factor in causing ESTELLA PETERMAN injury. With regard to breach of the standard of care, Defendant submitted the declaration of his expert, Dr. Martin Bronk, in which Bronk ...

Excerpt: ...b Group v. Wertin (1997) 59 Cal.App.4th 1022, 1028 [a borrower is legally obligated to repay her loans].) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $3,109.65 and costs of $374.50 for a total of $3,484.15. ...

Excerpt: ...21.) A duty to take affirmative action to control the wrongful acts of third parties is imposed only if there is a “high degree of foreseeability” requiring “prior similar incidents of violent crime on the landowner's premises.” (Ann m. v. Pac. Plaza Shopping Ctr. (1993) 6 Cal.4th 666, 676, 679; Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224, 240.) In determining whether the “extraordinarily high degree of foreseeability” has been ...

Excerpt: ...tion to the McDonnell‐Douglas burdenshifting test. Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 354 [discrimination and retaliation claims subject to McDonnell‐Douglas]; Greer v. Lockheed Martin Corp. (N.D.Cal. 2012) 855 F.Supp.2d 979, 988‐989 and Sillah v. Command Int'l Sec. Servs. (N.D.Cal. 2015) 154 F.Supp.3d 891, 916 [“Claims for wrongful termination in violation of public policy and for violation of California Labor Code § 11...

Excerpt: ...prevent her from participating in trial if it is set beyond the next 120 days. Under CCP Section 36.5, a declaration regarding plaintiff's medical condition may be signed by an attorney. However, the records attached to the declaration of attorney Thomas Mitchell do not clearly support the statements he made in his declaration. The emergency room report attached to the declaration does not indicate that plaintiff suffered a traumatic brain injury...

Excerpt: ...of privilege are inapplicable, the interrogatories are not duplicative of previous interrogatories and plaintiff's answers were unresponsive. Plaintiff has placed the existence of her disability in dispute by filing this suit and Defendant is entitled to engage in directed discovery related to her claim. Further, Defendant is entitled to discovery as to whether Plaintiff has mitigated her damages or whether she has been prevented from doing so du...

Excerpt: ...LFIN and MHHHS); and 3. Fraud (against SANTOS, TS GLOBAL, and MHHHS). Defendant DELFIN's demurrer to the first cause of action for breach of contract is sustained with leave to amend. Defendant DELFIN and MHHHS's demurrer to the second cause of action for common counts is denied. Defendant MHHHS's demurrer to the third cause of action for fraud is granted without leave to amend. Page 3 of 4 Breach of Contract The function of a demurrer is to eval...

Excerpt: ...inds that the settlement agreement is enforceable under CCP Section 664.6 because: (1) the terms of the agreement indicate that it is enforceable; (2) the agreement contains all of the material terms to which the parties agreed; and (3) the agreement does not require performance by a third party (such as KTS Professional Services, Inc.), as defendants contend. The court finds, however, that the amount of the stipulated judgment, $240,000.00, bear...

Excerpt: ...) and recorded on August 25, 2014 as void because Defendant Chase had assigned its interest in the note and deed of trust to Defendant Federal National Mortgage Association (“Fannie Mae”) in 1999. But, there is nothing facially void about the substitution. Plaintiffs admit that Defendant Chase was the original lender, beneficiary, and holder of the note. (SAC, ¶ 2.) Plaintiffs further admit that the substitution of trustee was recorded on Au...

Excerpt: ... service by mail on Defendants' counsel on that same date. Plaintiff's motion, also bearing the name and address of this new counsel of record, was served by mail on Defendants' counsel, again on January 22. Defendants' opposition, filed one month later, attached a proof of service by mail, listing only Plaintiff, and not her new counsel, as being served. The court therefore could not consider the arguments raised in those improperly served oppos...

Excerpt: ...he demurrer to the first cause of action for breach of contract and the second cause of action for fraud, which plaintiff states in his opposition are not directed to defendant SLACK, is sustained WITHOUT leave to amend. The demurrer to the fourth cause of action for unjust enrichment is also sustained WITHOUT leave to amend. The first amended complaint does not allege any facts to suggest that defendant SLACK may be liable for unjust enrichment....