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2019.12.2 Demurrer 891
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.12.2
Excerpt: ...g Co. (2010) 182 Cal.App.4th 23, 32; Fireman's Fund Ins. Co. v. Md. Casualty Co. (1998) 65 Cal.App.4th 1279, 1292.) “[A]n insurer cannot acquire by subrogation anything to which the insured has no rights, and may claim no rights which the insured does not have.” (Fireman's Fund, 65 Cal.App.4th at 1292.) “Thus, when an insured has released a third party, neither the insured nor the subrogated insurer has any rights to recover from the third ...
2019.11.7 Motion to Set Aside Request for Entry of Default and Judgment 869
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.11.7
Excerpt: ...g that defendant Mericle actually received actual notice of the summons and complaint, and Mericle's declaration states and/or implies that he did not receive them. Mericle further states that he continued to use his former Union City address until June 2014, then moved to Burlingame from June 2014 until June 2017, then to Fresno for about two years. Plaintiff's application for an order for published summons includes declarations of diligence sho...
2019.10.31 Motion for Judgment on the Pleadings 504
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.10.31
Excerpt: ...ng that plaintiffs are entitled to the property based on adverse possession, as required under CCP Section 761.020(b). The elements of adverse possession include that the possession be “actual” and that it also be “hostile” or “adverse.” (12 Witkin, Summary of California Law, 11th ed., Real Property, §§226‐227, pp. 285‐288). Conclusory allegations, which is what plaintiffs have alleged, are not sufficient. Plaintiffs' complaint ...
2019.10.31 Application for Writ of Possession 150
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.10.31
Excerpt: ...se to believe the property is there. Ahart, California Practice Guide, Enforcing Judgments and Debts, §§4:693 and 4:694, pp. 4‐143 and 4‐144. Although this secondary source did not explain why such credible and reliable information should be required, it is not hard to guess the rationale. Criminal law recognizes a constitutional right against unreasonable search and seizure. A writ of possession authorizes the police to enter property. It ...
2019.10.24 Motions to Set Aside Stipulated Final Judgment, to Enforce Final Judgment 047
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.10.24
Excerpt: ...nces such that it would no longer be just to enforce it. Los Angeles City School Dist. v. Landier Inv. Co. (1960) 177 Cal.App.2d 744, 750. A court has the discretionary power to modify even “permanent” injunctions. Salazar v. Eastin (1995) 9 Cal.4th 836, 850‐851. Even the Stipulated Judgment [Declaration of Vu Hai N. Phan in Support of CITY's motion, ¶3 and Exhibit “B”] recognized the authority of the court to change some of its terms,...
2019.10.24 Demurrer 433
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.10.24
Excerpt: ...s the sole actor.” (Leek v. Cooper (2011) 194 Cal.App.4th 399, 415.) The court should consider the following factors under the particular circumstances of the case presented: 1) an individual's ownership of all stock in a corporation, 2) the use of the same office or business location, 3) commingling of funds and other assets, 4) the holding out by one individual or entity that it is liable for the debts of the other, 5) identical directors and...
2019.10.21 Motion to Compel Further Responses to Discovery 316
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.10.21
Excerpt: ...ited civil actions is limited to any combination of 35 of interrogatories, requests for admission, and requests for production of documents. (Code Civ. Proc. § 94(a).) No additional discovery is permitted unless the Court grants a noticed motion for leave to conduct additional discovery or the parties stipulate to additional discovery. (Code Civ. Proc. § 95.) Defendant's opposition reveals that he answered 35 form interrogatories propounded by ...
2019.10.17 Demurrer 763
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.10.17
Excerpt: ... Petersen (1998) 68 Cal.App.4th 1062, 1066.) But, Defendants, alleged to be or owners or operators of a self‐ storage facility, would only wrongfully exercise dominion over personal property stored on its facility if they failed to comply with the statutory provisions for satisfying a lien on personal property stored on the premises pursuant to the California Self‐Service Storage Facility Act. (Bus. & Prof. Code §§ 21700 et seq.) Plaintiff ...
2019.9.30 Motion to Compel Further Responses, Production of Electronically Stored Info, for Sanctions 938
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.30
Excerpt: ...est for Production, Set One On August 12, 2019, defendant VERO FOODS, LLC, served supplemental responses to Request for Production, Set One. These supplemental responses render moot the motion to compel, which was based on VERO FOOD'S original responses. If plaintiff found the supplemental responses to be inadequate, she should have filed a new motion based on the supplemental responses, or at least filed a new Separate Statement of Discovery Ite...
2019.9.30 Motion to Enforce Settlement 211
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.30
Excerpt: ...upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. To be enforceable under C.C.P. §664.6, a written settlement agreement be signed by the “parties”. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §12:953, p. 12(II)‐122. It must be signed by t...
2019.9.23 Motion for Judgment on the Pleadings 569
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.23
Excerpt: ...ay is not a defense to a claim of indebtedness. (See, Ab Group v. Wertin (1997) 59 Cal.App.4th 1022, 1028 [a borrower is legally obligated to repay her loans].) Furthermore, Plaintiff has no duty to exercise reasonable forbearance in enforcing its legal remedies against a debtor. (Price v. Wells Fargo Bank (1989) 213 Cal.App.3d 465, 479.) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $2,030.93. Prejudg...
2019.9.16 Demurrer 246
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.16
Excerpt: ...on information provided in good faith by the beneficiary regarding the nature and the amount of default under the deed of trust. (Civ. Code § 2924(b).) In addition, the trustee's acts of mailing, publication, and delivery of notices required by law and in performing the procedures set forth by law are privileged. (Civ. Code § 2924(d).) Although the privilege can be defeated by a showing of actual malice, Plaintiff has not alleged any facts supp...
2019.9.9 Demurrers 313
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.9.9
Excerpt: ...ges that the lender or mortgage servicer denied an application for a loan modification on the false claim that the borrower failed to provide all required documentation. (Majd v. Bank of Am. (2015) 243 Cal.App.4th 1293, 1304, 1306‐1307.) Plaintiffs allege a substantially similar situation in which Defendant Chase demanded, in violation of HAMP rules, documents that were impossible to produce and refused to evaluate their application for a loan ...
2019.8.29 Demurrer, Motion for Judgment on the Pleadings, for Default Judgment 099
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.29
Excerpt: ...ce as the court did in Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1752‐1753. The court thus takes judicial notice of the certification of Alexandra Gottlieb indicating that no government claim filed by plaintiff regarding the alleged incident is contained in the records of the Government Claims Program. The court also takes judicial notice of the complaints plaintiff filed in his property action, which include the government claim plaintiff f...
2019.8.26 Motion for Summary Judgment, Adjudication 114
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.26
Excerpt: ...ny, Plaintiff did not admit that the baling string did not break nor did he admit that he had no evidence regarding Defendants' actual or constructive notice regarding the alleged defect in the string. Plaintiff explicitly testified that his hay hook was “definitely on the string” because he had “tension” while he pulled for “[p]robably half a minute” and the only way he could have fallen the way he did is if the string broke. (Depo. ...
2019.8.19 Demurrer, Motion to Strike 711
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.19
Excerpt: ...action. (Guzman v. County of Monterey (2009) 46 Cal.4th 887, 898.) An enactment does not create a mandatory duty if it merely recites legislative goals or policies that must be implemented through a public agency's exercise of discretion. (County of Los Angeles v. Superior Court (2002) 102 Cal.App.4th 627, 639; Wilson v. County of San Diego (2001) 91 Cal.App.4th 974, 980.) Plaintiff alleges three enactments impose a mandatory duty breached by the...
2019.8.15 Motion to Quash Deposition Subpoenas 354
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.15
Excerpt: ... the Solano County Sheriff's Office and the subpoena to Humane Animal Services. The court grants the motion to quash these two subpoenas. FIELDING did not provide an affidavit for the subpoenas, as required by CCP Section 1985(b). Nor did she provide the information that would have been contained in such an affidavit in her opposition. She did not show good cause for production of the records, specify the exact matters or things to be produced, s...
2019.8.5 Demurrer 774
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.5
Excerpt: ...e any facts or legal theories on which Defendant's liability might be based. Plaintiff has not met his or her burden of showing that it is reasonably possible to cure the complaint by amendment. (Blatty v. New York Times Co. (1986) 42 Cal.3d 1033, 1040‐1041.) Plaintiff has not demonstrated in what manner he or she can amend the complaint or how those amendments will change the legal effect of the pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 3...
2019.8.5 Motion for Appointment of Counsel 456
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.5
Excerpt: ...clude a separate or separately identified notice of motion or memorandum of points and authorities. (Cal. Rules of Court, rule 3.1112, subds. (a), (c).) Nothing in the “motion” contains “a concise statement of the law” or a “discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, rule 3.1113(b).) The absence of a proper memorandum of points and authorities can be construed by ...
2019.8.1 Demurrer 581
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.8.1
Excerpt: ...oreclosure to be wrongful. The nonjudicial foreclosure statutes do not require a foreclosing party to be a have a beneficial interest in the note, to have possession of the note, to provide the power of attorney to the borrower, or to have certain allonges and endorsements for the note. The allegations that the MERS representative did not have authority to sign the Assignment of the Deed of Trust are also not sufficient. In failing to state a cau...
2019.7.29 Demurrer 654
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.29
Excerpt: .... (Complaint, ¶ BC‐2.) But, a public employee “is not liable for an injury caused by his misrepresentation, whether or not such misrepresentation be negligent or intentional” (Gov. Code § 822.2) and a public entity “is not liable for an injury resulting from an act or omission of an employee … where the employee is immune from liability” (Gov. Code § 815.2(b)). Plaintiff has not met his burden of showing that it is reasonably possi...
2019.7.22 Motion to Compel Further Discovery Responses 309
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.22
Excerpt: ...urt time and resources). As to Request No. 1, counsel are to meet and confer regarding production of additional agendas and meeting minutes that refer to those topics set out on p. 4‐ 5 of plaintiffs' memorandum of points and authorities from October, 2014, to the present. As to Request Nos. 3, 4, 5, 6, 11, and 12, defendant may respond using the term “removal from the competitive team” in place of the term “termination” used in each of...
2019.7.15 Motion for Summary Judgment, Adjudication 702
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.15
Excerpt: ...cording”, was a brief exchange she had with Defendant in the hallway of the company legal department, while Defendant was in route to a meeting in the office of another company attorney, in which she handed him something and said “[unintelligible] this from Ed. He wanted to make sure you got this”. The other, VOICE025.WAV (the “Meeting Recording”), involved a meeting with other corporate officers, in which substantive legal matters such...
2019.7.15 Demurrer 817
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.15
Excerpt: ...fault in violation of Civil Code section 2923.5 (FAC, ¶¶ 24, 26‐28, 40, 42), Plaintiffs admit that Defendants accepted, considered, and approved three applications for loan modification and Plaintiffs had numerous telephone conversations with Defendants' agents regarding the applications. (FAC, ¶¶ 15, 17‐20, 22‐23, 29, 31‐32.) There is no material violation of Civil Code section 2923.5 when a borrower has “multiple telephone convers...
2019.7.15 Demurrer 656
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.7.15
Excerpt: ...iability might be based. Page 6 of 6 Plaintiff has not met his burden of showing that it is reasonably possible to cure his complaint by amendment. (Blatty v. New York Times Co. (1986) 42 Cal.3d 1033, 1040‐1041.) Plaintiff has not demonstrated in what manner he can amend the complaint or how those amendments will change the legal effect of the pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 219 Cal.App...
2019.6.17 Demurrer, Motion to Strike 939
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.6.17
Excerpt: ...t was brought. The complaint is uncertain, and fails to state facts sufficient to constitute any of the causes of action alleged. The court also grants the motion to strike on all of the grounds upon which it was brought. The references in the complaint to causes of action that are not alleged are improper, and the complaint does not state facts sufficient to constitute a claim for punitive damages. Had plaintiff not already filed an amended comp...
2019.6.13 Supplemental Motion for Class Certification 527
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.6.13
Excerpt: ...ting.” (Duran v. U.S. Bank (2014) 59 Cal.4th 1, 29; Payton v. CSI Elec. Contractors, Inc. (2018) 27 Cal.App.5th 832, 842; Cruz v. Sun World Int'l, LLC (2015) 243 Cal.App.4th 367, 384; Dailey v. Sears, Roebuck & Co. (2013) 214 Cal.App.4th 974, 989.) Even when there is a uniform policy, certification may be denied if the evidence shows that the manner in which the policy was implemented as to each individual employee varied depending on multiple ...
2019.6.10 Demurrer, Motion to Strike 970
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.6.10
Excerpt: ...ed Defendant's agent, Anna Chavez, that Defendant's policy of limiting staff contact was causing Decedent “physical and mental suffering”, but Defendant nonetheless took no action to avoid the harm. (FAC, ¶ 21.) This allegation establishes not just the absence of care, but an affirmative disregard of the known risk of harm caused by conduct. (Doe v. U.S. Youth Soccer Ass'n, Inc. (2017) 8 Cal.App.5th 1118, 1140.) It also sufficiently describe...
2019.6.6 Demurrer 144
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.6.6
Excerpt: ...1) 192 Cal.App.4th 1149, 1155; see, Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924 [“We do not hold or suggest that a borrower may attempt to preempt a threatened nonjudicial foreclosure by a suit questioning the foreclosing party's right to proceed”].) Plaintiff's second cause of action to quiet title and fourth cause of action for violation of the Unfair Competition Law against Defendant Wells Fargo are barred by the a...
2019.5.30 Motion for Protective Order or Appointment of Referee 938
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.30
Excerpt: ...ntment of a referee is also denied. The court does not find a basis for the appointment of a referee under CCP Section 639. The court notes, however, that the conduct of both plaintiff's counsel and defense counsel has been somewhat unreasonable and unprofessional in this matter. As to plaintiff's counsel, she did assert a number of meritless objections. Irrelevancy is not a proper objection in discovery. Defense counsel is entitled to seek all c...
2019.5.30 Motion for Leave to File Amended Complaint 262
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.30
Excerpt: ... motion itself or a memorandum of points and authorities. (Cal. Rules of Court, rule 3.1112(a).) The failure to include a memorandum is deemed by this Court as an admission that the motion is not meritorious and cause for its denial. (Cal. Rules of Court, rule 3.1113(a).) The motion does not state what allegations are sought to be deleted or added. (Cal. Rules of Court, rule 3.1324, subds. (a)(2)‐ (a)(3).) The motion is not accompanied by a sep...
2019.5.23 Motion to Compel Individual Arbitration, Strike Class Action Claims, Stay or Dismiss Proceedings 220
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.23
Excerpt: ...ss the provisions are so clearly in favor of the employer they should not be enforced. AT&T Mobility LLC v. Concepcion [“Concepcion”) (2011) 562 U.S. 333; Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348; Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83. Armendariz identified 5 requirements for a valid arbitration of employment dispute agreement. Such an agreement "(1) provides for neutral...
2019.5.16 Motion for Attorneys' Fees 534
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.16
Excerpt: ..., ¶ 19; see, Decl. of Mikhov, ¶¶ 17, 25 [admitting that the case settled for the sum of $41,000, the same amount offered on May 23, 2017].) Section 998 applies to Song‐Beverly Act claims. (Duale v. Mercedes‐Benz USA, LLC (2007) 148 Page 2 of 2 Cal.App.4th 718, 728.) Consequently, Plaintiff is limited to recovery of only preoffer fees and costs. In addition, even without considering the validity of Defendant's 998 offer, Plaintiff has faile...
2019.5.2 Motion to Strike or Tax Costs 403
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.2
Excerpt: ...he award of reasonably incurred costs and expenses even if they might be barred under Code of Civil Procedure section 1033.5. (Jensen v. BMW of N. Am., Inc. (1995) 35 Cal.App.4th 112, 138.) As already determined by this Court in ruling upon Plaintiff's motion for attorneys' fees, it was not reasonable for Plaintiff to continue to prosecute the action after Page 2 of 2 Defendant offered to settle the action for $34,000 on or about January 3, 2017....
2019.5.2 Motion for Leave to File Amended Complaint 262
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.5.2
Excerpt: ... motion itself or a memorandum of points and authorities. (Cal. Rules of Court, rule 3.1112(a).) The failure to include a memorandum is deemed by this Court as an admission that the motion is not meritorious and cause for its denial. (Cal. Rules of Court, rule 3.1113(a).) The motion does not state what allegations are sought to be deleted or added. (Cal. Rules of Court, rule 3.1324, subds. (a)(2)‐ (a)(3).) The motion is not accompanied by a sep...
2019.4.29 Motion to Compel Deposition of PMK and Docs 433
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.4.29
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...
2019.4.25 Motion for Summary Judgment 040
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.4.25
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...
2019.3.21 Motion for Attorneys' Fees 403
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.3.21
Excerpt: ... they were reasonably necessary to the conduct of the litigation and reasonable in amount. (Goglin v. BMW of N. Am., LLC (2016) 4 Cal.App.5th 462, 470; Robertson v. Fleetwood Travel Trailers of Cal., Inc. (2006) 144 Cal.App.4th 785, 817.) Plaintiff has not met this burden with respect to any fees incurred following the settlement offer for $34,000 made on or about January 3, 2017. (Decl. of Mikhov, ¶ 14.) Plaintiff has not demonstrated that it w...
2019.3.21 Motion for Summary Judgment, Adjudication 928
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.3.21
Excerpt: ...silenko v. Grace Valley Church (2017) 3 Cal.5th 1077, 1084 [liability applies to “those who own, possess, or control . . . premises . . ., regardless of their legal title over the property”]. A landowner usually faces no potential liability for injuries caused by a condition on a public street or sidewalk, unless the landowner created the danger. [I]n the absence of a statute a landowner is under no duty to maintain in a safe condition a publ...
2019.3.18 Motion for Summary Judgment, Adjudication 166
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.3.18
Excerpt: ...laim for equitable indemnity in the cross‐complaint. The motion for summary judgment is denied on this ground. The motion for summary judgment and the motion for summary adjudication, filed in the alternative, are also denied because there is an issue of material fact as to whether the Property Management Agreement, and specifically, the indemnity provision contained in paragraph 4B of the Agreement, apply in this case. The evidence submitted b...
2019.3.18 Motion to Compel Production of Docs 433
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.3.18
Excerpt: ... 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). However, not all of these Page 2 of 3...
2019.3.14 Demurrer 548
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.3.14
Excerpt: ...try, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status”. Civil Code §51(b). Page 3 of 6 Civil Code §51(e)(1) defines “disability” as “any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.” Civil Code §51(e)(3) defines “medical condition” as having “the same meaning as defined i...
2019.3.14 Motion to Compel Release of Medical Records, Further Responses 938
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.3.14
Excerpt: ... Permanente The court grants, in part, the motion to compel plaintiff to sign an authorization for release of her medical records, or alternatively, compliance with the subpoena for medical records to Kaiser Permanente. Plaintiff is to sign the authorization form that was submitted as Exhibit D to the declaration of attorney Ryan McGuire filed by defendants on February 28, 2019. This authorization limits production of the documents to six years, ...
2019.3.11 Demurrer 333
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.3.11
Excerpt: ...d the act negligent.” (Taylor v. Oakland Scavenger Co. (1938) 12 Cal.2d 310, 316.) Plaintiff has adequately alleged that Defendant failed to exercise reasonable care in the processing and review of his loan modification application. (FAC, ¶ 30.) Plaintiff has sufficiently alleged that he qualified for a loan modification and that he would have been provided a loan modification had Defendant “properly processed / assessed his application.” ...
2019.3.7 Demurrer 313
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.3.7
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...
2019.3.4 Motion for Summary Judgment 571
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.3.4
Excerpt: ...blic entity has in some way deterred the plaintiff from presenting a timely claim. “It is well settled that a public entity may be estopped from asserting the limitations of the claims statute where its agents or employees have prevented or deterred the filing of a timely claim by some affirmative act.” (John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 445 [256 Cal. Rptr. 766, 769 P.2d 948].) “Estoppel most commonly results fro...
2019.2.28 Motion for Summary Judgment, Adjudication 838
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.2.28
Excerpt: ....App.4th 481, 492 [nearby hotel had no duty to warn pedestrians of foreseeable harm from dangerous location of public road crosswalk installed by Cal Trans]; Selger v. Steven Brothers, Inc. (1990) 222 Cal.App.3d 1585, 1589‐ 1593 [owner or occupant of land abutting a public sidewalk owes no duty as to defects in the sidewalk not created by the owner or occupant, so abutting business owner not liable for slip and fall caused by dog poop on public...
2019.2.25 Motion to Compel Binding Arbitration, to Appoint Special Master 731
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.2.25
Excerpt: ...es, such as … unconscionability, may be applied to invalidate arbitration agreements without contravening” the FAA. (Doctor's Associates, supra, 517 U.S. at p. 687; accord, Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114 [99 Cal. Rptr. 2d 745, 6 P.3d 669] (Armendariz).)) Unconscionability consists of both procedural and substantive elements. The procedural element addresses the circumstances of contract ...
2019.2.21 Motion for Leave to File Amended Complaint 984
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.2.21
Excerpt: ...plaint. In addition, a number of the proposed amendments are contrary to the court's ruling on the defendants' demurrer to the original complaint (such as naming Gary Circle, LLC, as a defendant) or fail to allege sufficient facts to state a cause of action (such as the cause of action for fraud). The purpose of amending a pleading it to add essential facts to a claim already alleged or to add entirely new claims distinct from the claims already ...
2019.1.28 Motion to Compel Responses, to Deem Request for Admissions Admitted 396
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.1.28
Excerpt: ...wing reason: Page 2 of 2 The moving papers do not establish that Form Interrogatories (Set One) were addressed to Yen Wang as an “Answering Party.” Supporting Exhibit 3 contains two sets of Form Interrogatories naming Chang Wang as the “Answering Party.” (Compare Bates pages P.Phillips.Compel.0046 (“Bates 0046”) and Bates 0055.) The proofs of service (Bates 0054 and 0063) do not distinguish between the parties. The unopposed motion is...
2019.1.28 Motion for Leave to File Amended Complaint 354
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2019.1.28
Excerpt: ...e amendments contained in the proposed Second Amended Complaint are necessary, when he learned of the new facts he seeks to include in the Second Amended Complaint, and why he did not take steps to file the Second Amended Complaint earlier. The declaration he filed with the motion is not sufficient in this regard. ...
2018.8.6 Petition for Writ of Mandate 330
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.8.6
Excerpt: ...ombs v. Pierce (1991) 1 Cal.App.4th 568, 575.) Accordingly, an order of suspension or revocation may only be rescinded if the Court finds that the Department acted in excess of its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is not supported by the evidence. (Veh. Code § 13559(a).) Upon independent review of the record, this Court f...
2018.8.6 Motion for Summary Judgment 870
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.8.6
Excerpt: ...idence”, which alone may “constitute a sufficient ground for denying the motion.” (Code Civ. Proc. § 437c(b)(1).) Plaintiff does include a section in his “memorandum of points and authorities” entitled “material facts”, which makes no effort to indicate that the “material facts” are undisputed and which does not comport with the format and content requirements imposed by the California Rules of Court. (Cal. Rules of Court, rule...
2018.8.2 Demurrer 354
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.8.2
Excerpt: ...nt alleges sufficient facts to indicate that the FOLETTAS have conducted a number of activities on their property that are open and hostile to cross‐defendants' easement rights on the property. These activities include growing crops, grazing cattle, installing two containers for storage, installing electric fencing, and establishing an equestrian cross‐country training course, a “horse pacing track,” and an irrigation ditch. (Second Amend...
2018.7.30 Motion to Strike Punitive Damages 368
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.30
Excerpt: ... strike is untimely. However, no proof of service for the summons and complaint has been filed, and whether defendants Page 2 of 2 were ever properly served with the summons and complaint is unclear. Therefore, the court does not find the motion to strike to be untimely. The complaint alleges facts indicating that plaintiff HARRIS repeatedly advised defendants of the dangerous and defective condition of the heater and smoke detectors in her apart...
2018.7.30 Motion to Consolidate Actions 211
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.30
Excerpt: ...udice to some of the parties. This motion may be renewed if there are claims that do not settle at the mediation stage, and upon designation and/or discovery of expert witnesses, if the court at that later time can determine that the benefits of trial consolidation can be achieved without significant risk of prejudice. ...
2018.7.26 Motion for Summary Judgment 211
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.26
Excerpt: ...of the subject accident by PARMOD KUMAR dba ROBY TRUCKING. [KUMAR's Undisputed Fact 3]. It is also undisputed for the purposes of this motion that KUMAR dba ROBY TRUCKING carried workers' compensation insurance for his employees, and that the insurer has provided workers' compensation benefits to the survivors of Levy. [KUMAR's Undisputed Facts 4‐6]. While KUMAR operated a trucking business and employed Levy under the fictitious business name o...
2018.7.26 Demurrer, Motion to Strike 873
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.26
Excerpt: ...c bodies.” Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 555. Thus, meetings of public agencies should be made open to the public, unless a stated exception applies. Government Code §54953(a) [“All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter”]. There is...
2018.7.19 Motion for Reconsideration 659
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.19
Excerpt: ...n for her failure to produce any new or different matter at an earlier time. (Baldwin v. Home Sav. of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.). ...
2018.7.19 Demurrer 736
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.19
Excerpt: ...halal v. Fireman's Fund Ins. Companies (1988) 46 Cal. 3d 287. As noted in California Practice Guide, Insurance Litigation at §§15:140 et seq.: Pleading Third Party Claims Against Insurers a. [15:140] No direct action generally: As stated earlier, a person injured by the insured generally has no direct action against the insured's liability insurer to obtain a settlement. See ¶ 15:11 ff. Page 3 of 4 b. [15:141] No joinder in action agai...
2018.7.12 Special Motion to Strike 195
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.12
Excerpt: ...dice. Defendants have established that Plaintiff's action arises out of the investigation and prosecution of an action for code enforcement violations occurring at real properties owned by Plaintiff, which constitutes protected activity. (Squires v. City of Eureka (2014) 231 Cal.App.4th 577, 589; see, Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056 [a cause of action arising from a defendant's litigation activity is subject to special motion to str...
2018.7.9 Demurrer 862
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.9
Excerpt: ... there does not appear to be a possibility of alleging such facts. Therefore, a judgment of dismissal as to the complaint of ERICKA JOHNSON only shall be entered. ...
2018.7.5 Motion to Intervene 493
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.5
Excerpt: ...luded no proposed pleading in intervention. While the motion claimed that CHANG WANG was an owner of the units at issue in this action, Plaintiff requested judicial notice of recorded documents showing that title to those two units was held only in the name of CHANG's wife (and defendant) YEN LING WANG. A spouse need not be named as a defendant, if the action concerns property or liability as to the other spouse. C.C.P. §370 [“A married person...
2018.7.5 Motion to Expand Record, for Evidentiary Hearing 554
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.5
Excerpt: ...demurrer to the complaint against them, and ordered that they be dismissed in this case. At the request of plaintiff, the court continued the hearing on defendants' demurrer from May 3, 2018, to June 11, 2018. Plaintiff appeared at the hearing on June 11, 2018; the court indicated that it was sustaining the demurrer without leave to amend; and plaintiff asserted no objections. On June 14, 2018, the court issued an order sustaining the demurrer wi...
2018.7.2 Motion to Strike Complaint 396
Location: Solano
Judge: Mattice, Michael
Hearing Date: 2018.7.2
Excerpt: ...ich this Court may construe as an admission that the motion is not meritorious and cause for denial. (Cal. Rules of Court, rule 3.1113, subds. (a)‐(b).) And, Defendants have failed to identify any statutory requirement for verification of any of Plaintiffs' causes of action. “In general, complaints need not be verified” and “[v]erification is necessary only when called for by a particular statute.” (Murrieta Valley Unified Sch. Dist. v....

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