Excerpt: ...xists. Conversion is "any act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his rights therein." Fisher v. Machado (1996) 50 Cal.App.4th 1069, 1072. A wrongful act, such as negligence in breaching a duty of care, creates the possibility of strict liability for any damages that result. Burlesc:i v. Petersen (1998) 68 Cal.App.4th 1062, 1065. Plaintiff has filed a declaration asserting that he prov...

Excerpt: ...ope of employment with TRUMPET as she drove her vehicle to an appointment at a TRUMPET patient's home, injured pedestrian MARK NEES and thereby also caused BLANCA NEES to suffer damages from loss of consortium. Page 4 of 6 Objections to Evidence. Plaintiffs' objections to TRUMPET's use of TRUMPET's and KARR'S discovery responses in TRUMPET's separate statement of undisputed material facts are sustained. Code of Civil Procedure section 2030.410 on...

Excerpt: ...hearing, and to which the court did not sustain objec
Ÿons by the other. The par
Ÿes also appear to agree that the General Plan does not include speciÞc deÞni
Ÿons for its language restric
Ÿng the providing of “basic municipal services” for “urban development” outside of CITY's urban limit line. Is it fair to characterize the main area of disagreement between the par
Ÿes is whether the General Plan is ambiguous as to whether water ...

Excerpt: ...failure to prevent harassment against COCR. 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., S 437c, subd. A summary judgment moton 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...

Excerpt: ... a public entity is not liable for damages awarded under Secton 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant. The demurrer is sustained without leave to amend as to Plaintiff's inclusion of CALIFORNIA MEDICAL FACILITY as a named defendant. The California Medical Facility (CMF) is one of many prisons over which CDCR has jurisdiction. Penal Code 55003(f). Other statutes conf...

Excerpt: ...ized under California law for vacating a judgment, including the incorrect calculation of interest. However, in addition to vacating the current sister-state judgment, the court can also issue a different judgment to take its place, if finds it appropriate to do so. (a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground tha...

Excerpt: ...ation apparently consisting of more than one session with Thomas Healy, Esq. Five years later, a moton was filed by Ramirez to enforce the settlement on October 28, 2016 and set for hearing on January 13, 2017 before Judge Beeman. After the motion was filed but before the hearing, Murphy's counsel filed an ex parte application to be relieved as attorney of record. On the date of the hearing another attorney appeared for Murphy and informed Judge ...

Excerpt: ...gage in the interactive process, (5) retaliation for requesting leave, (6) retaliation for complaining about discrimination, (7) wrongful termination, (8) defamation, (9) intentional infliction of emotional distress, (10) failure to pay minimum wage, (11) Page 5 of 14 failure to pay for all hours worked, (12) failure to pay overtime, (13) failure to provide rest periods, (14) failure to keep records, and (16) unfair business practices. The absenc...

Excerpt: .... The case concerns a sales contract for a 2017 Jeep Grand Cherokee vehicle. The court has not received opposition to the motion. Legal Standard. A plaintiff may move for summary adjudication as to one or more causes of action within an action if the plaintiff contends that there is no defense to the cause of action. (Code Civ. Proc., S 437c, subd. (f)(l).) A crossdefendant may move for summary judgment on the basis that the plaintiff cannot esta...

Excerpt: ...his local rule in substantially the following form: "Notice: The Superior Court in and for Solano County has adopted a tentative rulings system that is described in the court's local Rule 3.9. Failure to comply with Rule 3.9 may seriously affect parties' rights in this case." The notce of motion filed here fails to contain this notice. CRC 3.1700 requires court costs to be requested by filing and service of a memorandum of costs, within 15 days a...

Excerpt: ...t notes that VCUSD's demurrer targets Plaintiff's second amended complaint. However, Plaintiff does not have a second amended complaint on file. Plaintiff's attempt to file a second amended complaint on September 28, 2023 was rejected due to presenting for filing outside of the tme period the court allowed. The court exercises its discretion to consider the demurrer as against Plaintiff's still-operative IAC on the basis that the factual allegati...

Excerpt: ... Defendant JAMES DOE ("DOE"). Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). VCCISD requests judicial notice of a June 15, 2023 order partially sustaining a demurrer in Contra Costa County case C22- 02613, Jane Doe v. Acalanes Union High School District. The court declines to take judicial notce of the proffered order at this time, for purposes of this demu...

Excerpt: ...tion that the investigator's communications with each witness is being compiled and will be produced, renders much of the remaining part of this motion moot. However, to ensure CITY has produced all responsive nonprivileged documents (and documents whose privilege was waived by CITY's assertion of its new affirmative defense), CITY shall serve further verified responses to Request for Production No. 4, and Form Interrogatories 115.1 and 215.2, wi...

Excerpt: ...using and Employment Act (the "FEHA"), additionally fails due to PROCTOR's lack of a right-to sue notce from the Department of Fair Employment and Housing (the "DFEH"). Summarized, Plaintiffs' complaint alleges that Plaintiffs rented residential property from Defendants and that the property has numerous serious habitability issues. Legal Standard. "The function of a demurrer is to test the suffciency of the complaint as a matter of law." (Holida...

Excerpt: ...amount identified in the settlement agreement. Defendant's opposition argued that (1) the court was not presented with a request to retain jurisdiction, because the settlement agreement containing such a request was not filed with the court before this motion; (2) the settlement agreement fails to include a "time is of the essence" provision; and (3) the settlement agreement fails to contain an acceleration clause. As to court jurisdiction, no di...

Excerpt: ...section 436, subdivision (a) permits a court to strike out any irrelevant, false, or improper matter inserted in any pleading, upon a moton or in its discretion. The court understands that the parties agree that the reference to Government Code section 835, relating to public entity liability for the dangerous condition of its property, is in the complaint in error. (Motion to Strike at p. 2, fn. 1.) The references to Government Code secton 815.6...

Excerpt: ...or to the hearing." (Minutes (11/2/23).) The proof of service had to be filed on or before December 7, 2023, or five court days prior to the hearing. (Cal. Rules of Court, rule 3.1300(c).) Defendant Winnresidential's Motion to Strike Defendant Winnresidential California, LP's motion to strike punitive damages from Plaintiff's first amended complaint is granted with leave to amend. A defendant's failure to meet and confer prior to filing the motio...

Excerpt: ... 437c(p)(1); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements for a breach of contract are: 1) a contract, 2) plaintiff's performance, 3) defendant's breach, and 4) damages. (Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1112.) It is undisputed that Defendant applied for and entered into a written loan agreement with Plaintiff, Plaintiff performed by disbursing the amount of the lo...

Excerpt: ...pleaded with specificity. (Knox v. Dean (2012) 205 Cal.App.4th 417, 434.) If a claim is based on a statutory duty, facts showing the existence of the claimed duty and the statutory elements of a violation must be pleaded with particularity. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790; Khoury v. Maly's of Cal. , Inc. (1993) 14 cal.App.4th 612, 519; Zuniga v. Haus. Auth. (1995) 41 cal.App.4th 82, 95; searcyv. Hemet Unified Sch...

Excerpt: ...tters, leave to amend is granted. On the first count (cause of action) for violation of CIPA: Penal Code 5630 precludes one who, "in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable". Thus, "interception" must be simultaneous (i.e., contemporaneous) with the website user's transmission of informati...

Excerpt: ...heories or unusual circumstances in this case. Yet to date, plaintiff's counsel has propounded 24 sets of written discovery including 5 sets of Form Interrogatories, 2 sets of Form Interrogatories (Employment), 6 sets of Special Interrogatories remarkably totaling more than 116 questions, 5 sets of Requests for Admission and 6 sets of Requests for Production. In addition, Plaintiff has taken 5 depositions including the store manager, 2 assistant ...

Excerpt: ... pp. 3:21-28, 4:17-23.) Plaintiff's motion is a moton to compel further responses, which requires a separate statement. (Cal. Rules of Court, rule 3.1345(a)(2).) The failure to provide a compliant separate statement is a sufficient basis to deny the moton. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) Additionally, the responses are not evasive just because Plaintiff's counsel does not find them credible. Not only are the responses verifi...

Excerpt: ... estate in the Common Area" (UMF 2), that Defendant made adverse claims to Plaintiff's title by employing "personal property, including without limitation four dining tables, ten chairs and multiple heat lamps which fully and completely occupy it, and Defendant has surrounded the Subject Common Area with large potted plants, and a 'Planter Box Barrier'" (IJMF 14) to assert an exclusive or possessory interest in the Page 7 of 7 property (UMF 3), a...

Excerpt: ... damaged by erosion substantially caused by VACAVILLE's use and maintenance of its Alamo Creek drainage easement and a sixty-inch storm drain outfall ninety-two feet upstream and connected to land VACAVILLE owns. Objections to Evidence. In ruling on a moton for summary adjudication the court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., S 437c, subd. Plaintiff's objection...

Excerpt: ...amed plaintiff. Fierro v. Landry's Restaurant Inc. (2019) 32 Cal.App.5th 276. In Fierro, one set of named plaintiffs filed a wage and hour purported class action case against an employer. That case was eventually dismissed by the court for failure to bring it to trial within five years. Within days, a new wage and hour purported class action case against that same employer was filed, by a new named plaintiff. The trial court sustained the employe...