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: ...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: ...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: ...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: ...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: ...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 ...

Excerpt: ...ent evidence to establish the location of the vehicle. C.C.P. §512.010(b)(4). Given each individual's constitutional right against unreasonable search and seizure, plaintiff must establish probable cause that the vehicle is located on the subject property. Probable cause must be supported by information which has evidentiary value. (See also Ahart, California Practice Guide, Enforcing Judgments and Debts, §4:693, pp. 4‐143 and 4‐144.) Plain...

Excerpt: ...y of Attorney's Fees. Civil Code section 1717, subdivision (a) provides that in “any action on a contract” a prevailing party may recover attorney's fees and other costs incurred to enforce that contract where the contract specifically provides for such recovery. The 1990 Pipeline Easement Agreement between the parties in this case provides: “In the event of any controversy, claim or dispute relating to the interpretation or enforcement of ...

Excerpt: ...an action against a public entity and failure to present a claim to the public entity is fatal to the suit. (State of Cal. v. Superior Court (2004) 32 Cal.4th 1234, 1240; City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454‐455; Sofranek v. County of Merced (2007) 146 Cal.App.4th 1238, 1246; Spencer v. Merced County Office of Educ. (1997) 59 Cal.App.4th 1429, 1434‐1435; Taylor v. Mitzel (1978) 82 Cal.App.3d 665, 672.) This claims pres...

Excerpt: ...st Defendant Pontus Capital. Although Plaintiff claims that the fifth cause of action for quantum meruit was not alleged against Defendant, Plaintiff filed an amendment to the complaint on March 18, 2019 specifically adding Defendant Pontus Capital as a defendant to that cause of action. But, Plaintiff has not alleged any facts showing he rendered services at the request of Defendant Pontus Capital. (Strong v. Beydoun (2008) 166 Cal.App.4th 1398,...

Excerpt: ... but repeatedly stated policy encourages liberality in allowing amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) Leave to amend regarding the P1AC's allegations of FCA's knowledge and concealment of problems with the PowerNet system and similar electrical architecture systems in FCA's vehicles is denied because those allegations are brought l...

Excerpt: ...cial mail establishment did not forward her the lawsuit, Defendant's declaration fails to establish that she did not actually receive a copy of the lawsuit by mail. (See CCP § 473.5.) Defense counsel acknowledges receiving an emailed courtesy copy of the summons and complaint on March 2, 2020, after he initiated a request for such documents to Plaintiff's counsel. While Defendant may not have authorized her attorney to accept service of process ...

Excerpt: ... is denied. In this case the easement agreement between the parties states that “[i]n the event of any controversy, claim, or dispute relating to interpretation or enforcement of this Agreement, or to the Easement, the prevailing party shall be entitled to recover from the non‐prevailing party reasonable attorneys' fees, costs of suit and expert witness fees.” (Declaration of Michael E. Vinding at ¶ 7, Exhibit 1.) This action was indisputa...

Excerpt: ...ted cannot defend the action against them. Plaintiff may submit the Request for Entry of Default as to these defendants forthwith. Absent a negotiated agreement for resolution between the Receiver and COMPASS BANK (which must be approved by the Court), COMPASS BANK may proceed to a default judgment prove‐up hearing as to the corporations. As the answers for these corporations are stricken, so are the oppositions to the summary judgment motions ...

Excerpt: ...s may be historical, i.e. prior DUI history of causing a serious automobile accident, numerous DUI arrests and convictions, pending DUI charges or active DUI probation. (See, id. at 893.) Alternatively, the circumstances may also be case dependent, such as egregious and highly dangerous driving patterns or extremely high risk situations. (See, Dawes v. Superior Court (1980) 111 Cal.App.3d 82, 90.) Alleging that a defendant was DUI without additio...

Excerpt: ...e property by Cross‐Defendants MIKE LOWRIE TRANSPORT, INC. (“MLT”), MIKE LOWRIE, JOSH LOWRIE, and unnamed DOES. (First Amended Cross‐Complaint (“1ACC”) at ¶¶ 5‐6.) Cross‐complainant alleges that in 2018 CHRISTOPHER VAN VELDHUIZEN (“VAN VELDHUIZEN”), an officer of SIERRA SILICA, communicated with MLT representatives about satisfaction of SIERRA SILICA's debts to MLT for trucking services rendered but that even after payments ...

Excerpt: ...Act. With respect to the lodestar amount, Plaintiff's billed hours are generally reasonable with some exceptions. The nature of this litigation is routine with standardized pleadings and discovery requiring minimal adaptation for use in this suit. The case resolved early with no law and motion other than this fee motion (which took longer to draft than the complaint). Despite the simplicity of the suit, Plaintiff utilized five different attorneys...

Excerpt: ...construed and must correctly set forth the amounts required to cure the default. (Angell v. Superior Court (1999) 73 Cal.App.4th 691, 699; Sweatt v. Foreclosure Co. (1985) 166 Cal.App.3d 273, 278.) A trustee's sale based on a deficient notice of default would be invalid. (Miller v. Cote (1982) 127 Cal.App.3d 888, 894.) Plaintiff would suffer irreparable harm absent the injunction and the balance of harms favors Plaintiff. Posting of an undertakin...

Excerpt: ...onses in her counsel's October 2, 2020 communication with Plaintiff. This is unavailing because the October 2, 2020 communication was simply a letter, not a set of verified responses to discovery, and was not timely provided. A meet and confer letter arriving after the filing of a motion to compel cannot moot the motion to compel. The court notes that the failure of SUZANNE's counsel to timely respond to GERALD's requests for stipulations to exte...

Excerpt: ...defendants BARBER AUTO MALL PROPERTIES, L.P.; BARBER FAIRFIELD MANAGEMENT COMPANY, LLC; and RONALD L. BARBER (“BARBERS”) is subject to arbitration and the scope of that arbitration. It is undisputed that the Real Estate Purchase Agreement (“REPA”) assigned to Crosscomplainant contains an arbitration clause. Any party to a contract containing an arbitration provision may file a petition to compel arbitration of a dispute or disputes, as lo...

Excerpt: ...of the Valley Hospital Radiology, and Lucky Pharmacy. VICKIE's motion is partially granted and partially denied. While individuals have a constitutional and statutory right to privacy in their medical and psychological records, that right to privacy may be waived by a plaintiff placing her mental status at issue in the course of litigation. (Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014 (Davis).) An implicit waiver of rights encompasses...

Excerpt: ...edical and psychological records, that right to privacy may be waived by a plaintiff placing her mental status at issue in the course of litigation. (Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014 (Davis).) An implicit waiver of rights encompasses discovery “directly relevant” to the plaintiff's claim and “essential to the fair resolution of the lawsuit.” (Ibid.) Subsequent to responding to discovery describing the scope of her e...

Excerpt: ...ained for multiple reasons, the court does not reach Defendant's arguments that the claims were released pursuant to a settlement or that the individual claims are barred. In 2011, Plaintiff filed Solano County Superior Court Case No. FCS038985 against Defendants HSBC Bank USA, N.A., Accredited Home Lenders, Inc., Western Progressive, LLC and Does 1‐100, alleging improprieties surrounding the foreclosure of her home (the “Property”). (Reque...

Excerpt: ...will not lie to only a part of a cause of action; therefore, to prevail on the demurrer Defendant must demonstrate that the SAC fails to state both of these claims. Violation of §1.1 LAW AND MOTION TENTATIVE RULINGS DATE: OCTOBER 23, 2020 TIME: 8:30 A.M. 3 In ruling on the demurrer to the FAC the Court found that Plaintiffs had not stated a violation of §1.1. Plaintiffs have not changed their core allegations as to a violation of this section, ...