Excerpt: ...26, 2018. Defendant's answer generally denied each statement in the complaint and raised affirmative defenses that the complaint is barred by the statute of limitations, that the complaint fails to state facts sufficient to allege any valid cause of action, that plaintiff has no admissible evidence, and that any income defendant has is exempt from all levy, garnishment, or other collection action. In addition to the facts pleaded, this court may ...

Excerpt: ...on by Defendant to compel further responses from Plaintiff to its requests for admission, requests for admission of genuineness of documents, form interrogatories, special interrogatories, and requests for production of documents, and for monetary sanctions. The unopposed Motion is GRANTED as set forth below. The Court finds that sanctions are warranted, but because the Motion was unopposed, the Court will award Defendant its attorneys' fees and ...

Excerpt: ...ine” or attempting to litigate by “surprise” are not valid bases for refusing to comply with the deposition notices. While strategic considerations may have dictated Defendant's conduct, there was nothing improper about its decision to make a general appearance and serve deposition notices after it was served with Plaintiffs' written discovery. The Discovery Act explicitly allows a defendant to conduct any and all discovery as soon as it ap...

Excerpt: ...scovery completed and the stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement.” (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) “The inquiry ‘must be limited to the extent necessary to reach a reasoned judgment that the agreement is not the product of fraud or overreaching by, or collusion between, the negotiati...

Excerpt: ... rights and safety of others. “The trial court has discretion to allow amendments to the pleadings ‘in the furtherance of justice.' (Code Civ.Proc., § 473.) This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) “[A]bsent a showing of prejudice to the adverse party, ...

Excerpt: ...lude “[t]he title of the plaintiff as to which a determination under this chapter is sought and the basis of the title…” Based on the stipulated court order entered in the matter of the Errol E. Cropsey Revocable Trust in Sonoma County case number SPR-78788, the real property at issue in this action, 11871 Bodega Highway, Sebastopol, California, Assessor's Parcel Number 073-090-008, was deemed an asset of the Errol E. Cropsey Revocable Trus...

Excerpt: ...from the original holder to Defendant and therefore, any assignment of the Deed of Trust is invalid and the subsequent foreclosure has no legal effect; (2) the loan “may have been securitized” because “[v]irtually all of the Mortgage Backed Securities issued by [Defendant's predecessor in interest] were private placement securities…” and if these securitized mortgages were used as collateral by the lender to secure loans from the Federa...

Excerpt: ...018 and despite multiple efforts to meet and confer, Plaintiff has failed to respond. Defendant also seeks an award of monetary sanctions in the amount of $690 for her costs and attorneys' fees in connection with bringing this motion. Second, Defendant moves for an order that all facts stated in her requests for admissions, set two, propounded to Plaintiff be deemed admitted. Defendant brings this motion <0013001600160011001500 005100030057004b00...

Excerpt: ...he amount of $10,850 and costs in the amount of $90. Defendants Hot Socks and Haupt oppose, arguing that the Plaintiff should not be released from liability, nor awarded attorney fees. The Defendants argue that the Plaintiff breached her contract with the Defendants by making a payment to Defendant Thomas. The Defendants claim that the Plaintiff has improperly used this interpleader action, which has deprived them of timely payments. Further, the...

Excerpt: ...on will be decided at trial, not on a motion for leave to amend. Moreover, the Defendants have failed to demonstrate any prejudice by the proposed amendments. Plaintiff shall file and serve, either personally or by facsimile, the proposed complaint within three days of this hearing. The currently scheduled trial date is vacated. Appearances are required to address setting of trial. ...

Excerpt: ...s. It does not show that Plaintiff served responses to the requests for admissions or that these were sufficient, and it offers no explanation of the situation. Plaintiff has failed to demonstrate that the failure to serve the responses in time resulted from mistake, inadvertence, or excusable neglect. Nothing shows why Plaintiff failed to serve responses or oppose the motion to compel and there is no evidence that she failed to do so because her...

Excerpt: ...each of the covenant of good faith and fair dealing. Calfarm Ins. Co. v. Krusiewicz (2005) 131 Cal.App.4th 273 is not controlling here because based on promises to a third party, not the insured, and outside the context of the actual insurance policy. The court reaches this same decision regardless of the possible lateness of the opposition and with or without considering the opposition. Defendant Mid-Century Insurance Company shall file an answe...

Excerpt: ...ted. Specifically, Defendant argues that Plaintiff is barred from <0048004a00480003004600 00480003005a004c0057[h the applicable government claims presentation requirements. Additionally, SMART contends that the demurrer should be sustained without leave to amend because Plaintiff's application to file a late government claim was made more than one- year after accrual of his cause of action and therefore, the Court lacks jurisdiction to grant such...

Excerpt: ...rably” to the recovery by class members who are receiving “as much as $10,000 each.” Plaintiff argues that he worked “extensively” with class counsel over the course of five years, appeared for deposition twice, responded to numerous requests, searched for documents, and worked with class counsel on discovery and reviewing settlement documentation. He is providing a more comprehensive release than the class as a whole, and he put the in...

Excerpt: ... 2) intentional interference with contractual relations; and 3) misappropriation of trade secrets. In essence, the Complaint alleges that while employed by Plaintiff in positions of confidence, and using Plaintiff's resources, the Individual Defendants formed their own company, defendant HOA LLC, and solicited Plaintiff's clients in an effort to take them away from Plaintiff and to HOA LLC. This matter is on calendar for a motion by Defendants to...

Excerpt: ...ff seeks summary adjudication on her first cause of action for breach of contract and her second cause of action for Violation of Business and Professions Code section 22370, et seq. Plaintiff contends that she has met her burden and has made a prima facie showing that she is entitled to summary adjudication on these two causes of action and that Defendants have failed to demonstrate that there are any genuine disputes of material fact. Although ...

Excerpt: ...son, in his capacity as holder of durable power of attorney for healthcare and financial power of attorney. It contains an agreement to submit to non-binding mediation before taking any legal action, as well as a binding arbitration provision. Defendants Oakmont Mariner Point LLC, Oakmont Management Group LLC and William P. Gallaher move to dismiss this action on the grounds that plaintiff failed to fulfil the condition precedent of mediation and...

Excerpt: ...ebruary 22, 2019 at 1:30 P.M. in Department 19<0053005c00030052004900 03[ his proposed answer with the motion. Specifically, Code of Civil Procedure section 473(b) states in part that a motion made under this section “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted…” (Code Civ. Proc. §473(b).) Here, although Defendant's motion appears to be justifie...

Excerpt: ...efault and default judgment. Plaintiff's request for judicial notice of the various documents filed in support of its request for entry of default judgment is granted as to the fact the documents were filed but not for the truth of the matters asserted therein. First, Latora argues he was not properly served with the summons and complaint in this action, therefore, the default and default judgment are void pursuant to CCP §473(d). As summarized ...

Excerpt: ...81, et seq. and on the grounds that the parties entered into a valid and enforceable “Mutual Binding Arbitration Agreement” which requires the parties to resolve all disputes “that may arise out of the employment context” in arbitration. Defendant contends that this is a valid and enforceable arbitration agreement which encompasses all of the claims asserted by Plaintiff in this action. Additionally, Defendant argues that to the extent th...

Excerpt: ...d therefore, the stay should be lifted and the matter should proceed in the trial court. Additionally, Plaintiff contends that when the applicant for a stay is in default of the arbitration rules, a court may modify or dissolve a stay as a matter of equity. Plaintiff argues that if the stay is not lifted, Plaintiff will be left without a forum to adjudicate her claims. Defendants oppose the motion and citing only to the recent case Weiler v. Marc...

Excerpt: ..., 2015, which required Defendant to make certain installment payments to Plaintiff until the agreed upon amount was paid in full. Plaintiff asserts that Defendant breached the agreement when it defaulted on the remaining balance due and owing to Plaintiff. Defendant has not opposed the motion. Plaintiff's motion is GRANTED. Unless Defendant contests the tentative, the Court will sign the Order and Judgment lodged with the motion. “The public po...

Excerpt: ...o triable issues of material fact. Specifically, Defendants argue that the Duuses cannot establish a claim for contribution because Plaintiff Cohasset Beach Recovery, LLC (“Cohasset”), not the Duuses, paid the settlement to Timberland Bank. Thus, according to Defendants, because the Duuses did not make the payment directly to Timberland, i.e., they created a third party sole purpose LLC to make the payment; the Duuses as individuals are not e...

Excerpt: ...Road, and/or interfering with Plaintiff Rips Redwood LLC's (Plaintiff) use of Miller Ridge Road. The Plaintiff contends that the previous owners of the parcel that it has owned since 2012 have used the Miller Ranch Road, which is situated, in part, on the Defendants' property, without permission for over 100 years. The Plaintiff argues that given the historical, and adverse, use of the Road, a prescriptive easement has been created. The Plaintiff...

Excerpt: ...efendant's motion argues that it cannot be held vicariously liable for the acts of its employee when that employee became intoxicated after stealing wine and caused the injuries alleged in the Complaints. The Defendant argues that under settled principles of respondeat superior it is not liable as Mr. Hoberg's actions deviated from his duties and were in direct contravention of the Defendant's polices against the consumption of alcohol. Further, ...