Excerpt: ...fic facts showing good cause justifying the discovery sought...”].) The parties appeared at the hearing and informed the Court that a stipulation and order had been submitted requesting a continuance of the hearing to June 5, 2019. The Court indicated that the order continuing the hearing would be signed once received. The Order continuing the hearing to June 5, 2019 was signed on May 22, 2019. On the Court's own motion, the hearing was subsequ...

Excerpt: ...rte application for default interlocutory judgment for partition or for an order shortening time for the prove-up hearing and the Court granted an order shortening time for the prove-up hearing, scheduling it for November 22, 2017. The minutes of the November 22 prove-up hearing reflect that Maye's request for an interlocutory default judgment of partition was granted, and on November 28, 2017 an interlocutory default judgment of partition was en...

Excerpt: ...fically directed at the “[n]et proceeds claimed by defendant Lynda May Maye in the amount of $233,848.94, from the sale of real property located at 113 Douglas Fir Circle, Cloverdale CA 95425, in the control of Stephen Olson, Partition Referee, arising out of Maye v. Rangel, Sonoma County Superior Court Action No.: SCV-260596.” The original application, which sought an attachment “in the amount of $200,000 or according to proof” was denie...

Excerpt: ...on for battery (as to plaintiffs Latchmi Lala and Asha Prasad); 2) to the second cause of action for assault (as to plaintiffs Latchmi Lala and Asha Prasad); 3) to the third cause of action for intentional infliction of emotional distress; 4) to the sixth cause of action for negligence; 5) to the seventh cause of action for premises liability; and 6) to the entire complaint (as to Latchmi Lala and Asha Prasad). Lucas Wharf also moves to strike ce...

Excerpt: ...iver (“Receiver”). This matter is now on calendar for the Receiver's motion pursuant to Cal. R. Ct. (“CRC”) 3.1184 for an order: 1) approving his Final Report and Accounting, which reflects fees in the amount of $1,582.00; 2) discharging him; 3) terminating the receivership; and 4) abandoning books and records. CRC 3.1184(a) provides that a receiver must present by noticed motion or stipulation of all parties: 1) a final account and repor...

Excerpt: ...rald Aronow (“Aronow”). A cross-complaint was then directed at Wimmer/Emergent by Ryan F. Thomas (an individual) and Johnston/Thomas PC (a professional corporation). Wimmer/Emergent seeks judicial notice. The Court denies judicial notice as to 1 and 2. The Court grants judicial notice as to 3 and 4. The Court grants judicial notice of Thomas' No. 1. Aronow's request for judicial notice is granted as to request No. 4, and denied as to the bala...

Excerpt: ...lly interfering with [Plaintiff's] ability to maintain its provisional manufacturing license and transitioning its temporary distribution and provisional manufacturing licenses to final;” (3) requiring Defendant “to submit the required Owner Information Form and Request for Live Scan (or in the alternative to resign as a director and shareholder of Plaintiff) so that Plaintiff <005200510003004f004c00 0003000b0017000c0003[requiring Defendant �...

Excerpt: ...dant Expert Plastering, Inc. (“Expert”) is the stucco subcontractor. Defendant CTS Cement Manufacturing Corporation (“CTS”) produced the stucco cement used by Expert. Expert moves for summary judgment or adjudication of all plaintiff's claims on the ground they are time-barred. Plaintiff and CTS have both filed opposition to Expert's motion. Construction on plaintiff's home was completed on August 24, 2005. It is undisputed that bubbling ...

Excerpt: ...ert plaintiff's objections are waived and monetary sanctions should be ordered. Relying on Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, plaintiff contends that his objections need not be verified therefore he did not waive his right to object. In Food 4 Less, the court framed the issue, and reasoned as follows: What then is the appropriate procedure if a party tenders a hybrid response containing objections and fact...

Excerpt: ... violation of GC § 12940(h) (retaliation); 3) violation of GC § 12940(k) (failure to prevent harassment); 4) negligent infliction of emotional distress; 5) breach of the implied covenant of good faith and fair dealing; 6) constructive discharge; 7) violation of California Wage Orders and Labor Code- overtime; and 8) violation of California Wage Orders and Labor Code- meal and rest breaks. This matter is on calendar for the demurrer by Defendant...

Excerpt: ...security (CCP 391.1 and 391 .3(a)); in the amount of $25,000 for each unresolved lawsuit before any further action in those cases can go forward.” Based on part on that Ruling, the hearing on Defendants' demurrer in this action is CONTINUED to June 26, 2019 at 3:00 P.M. in Department 19. If Plaintiff has not posted the required bond by that date, the case will be dismissed. (See, Singh v. Lipworth (2005) 132 Cal.App.4th 40, 44 [“A vexatious l...

Excerpt: ...damages. In the form complaint, plaintiffs allege the following causes of action: (1) breach of contract; and (2) common counts. Defendant demurs to both causes of action. He argues plaintiffs have failed to state a cause of action and that the claims are uncertain because the form complaint is not correctly filled out. He also asserts that the promissory note and letter of intent, which are attached to the complaint, have been superseded by an a...

Excerpt: ...ffs to its first set of special interrogatories, form interrogatories, and requests for production, without objections, and for monetary sanctions. That motion was granted pursuant to an uncontested tentative ruling, and per order entered on May 2, 2019 (the “Order Compelling Discovery”) Plaintiffs were ordered to serve full and complete verified responses, without objections, to each of the sets of discovery by May 1, 2019. The request for s...

Excerpt: ...esult of Plaintiff's “mistake, inadvertence, surprise and excusable neglect” and SMART “was not and is not prejudiced by this failure.” SMART opposes the Petition and points out that in the Court's May 22, 2019 Order Sustaining SMART'S Demurrer, Without Leave to Amend, the Court entered judgment for SMART and dismissed the entire action as to SMART, with prejudice. Thus, SMART contends that the Petition is moot. Thereafter, SMART addresse...

Excerpt: ... of business in Chattanooga, Tennessee. Defendants are in the business of providing animal processing services throughout North and South America and Chavez alleges they employed him as a sanitation worker in California. According to Vincit's website, it is a “single source provider” with a “network of eight member companies that delivers maximum efficiency through vertical integration.” QSI is listed as one of Vincit's eight member compa...

Excerpt: ...real property that falls outside of the protections in the statue of frauds. Further, Defendants argue that the allegations fail to support any of the exceptions to the statute of frauds. Further, Defendants contend that that the fraud cause of action fails because the allegations fail to support an actionable promise, any harm, or any reasonable reliance. Defendants also argue that Plaintiff is engaged in sham pleading, noting that the original ...

Excerpt: ... need be no actual “fraud” or “mistake.” Marriage of Park (1980) 27 Cal.3d 337, 342. For example, the court in County of San Diego v Gorham (2010) 186 Cal.App.4th 1215, at 1229-1230, ruled that the trial court was required to use its equitable power to set aside a default judgment based on a false proof of service. Defendant provides evidence showing that she received no actual notice, despite the facially valid proof of service for the s...

Excerpt: ... $100,079. The court awards Petitioner the full $14,877.50 claimed for this motion and seeking costs, with no enhancement, resulting in a total fee award of $114,956.50. Petitioner also seeks costs of $2,051.51 and the court awards this amount. Should any party request appearances, in addition to the points raised in this tentative ruling, the court will also wish to explore the issue of whether Petitioner may seek apportionment of the fees again...

Excerpt: ... stricken and the amount set forth in the Complaint, $5,935.41, put in its place. With costs in the amount of $297.00, default judgment was therefore entered in the amount of $6,232.41. This matter is now on calendar for an “order correcting the record nunc pro tunc” pursuant to Cal. Code Civ. Proc. (“CCP”) § 473(d) on the grounds that “the record on which the judgment is based includes a clerical error.” The Motion is DENIED. The ba...

Excerpt: ...��reply to opposition to supplemental declaration…” On the same day, Plaintiff filed an Objection to the reply, correctly pointing out that the Court did not grant Defendant leave to file any further briefs. In fact, the Court notes that it was Defendant's late <0057004c00510058004800 00030049004c00550056[t place. Accordingly, Plaintiff's Objection to the supplemental reply is SUSTAINED. Nonetheless, the Court will consider the merits of Defe...

Excerpt: ...ents were shipped and delivered but Defendants have not paid as agreed. Default was entered against both Defendants on October 29, 2018, but no default judgment has been entered yet. This matter is on calendar for the motions by Defendants: 1) to set aside the defaults pursuant to Cal. Code Civ. Proc. (“CCP”) § 473(b) on the basis of attorney fault; and 2) to compel arbitration and stay pursuant to CCP § 1281 et seq. or, in the alternative,...

Excerpt: ...gs, intentional infliction of emotional distress. Per plaintiffs, “[d]efendants orally uttered to others, or caused to be published words which tended directly to injure Heyman and Patterson with respect to their office, profession, trade or business.” (SAC, ¶187.) Specifically, plaintiffs allege the following conduct by defendants in the intentional infliction of emotional distress cause of action: On information and belief, plaintiff alleg...

Excerpt: ... L&V provided that, “Client acknowledges that Stephen Power has agreed to pay for legal services performed by L&V and authorized L&V to invoice and collect from Mr. Power. Client acknowledges that Client shall be responsible for any fees and costs not paid by Mr. Power or his designee.” (Exh. A to Second Amended Complaint.) L&V filed suit against Stephen Power (Patricia's cousin-in-law) in Solano County Superior Court to recover unpaid attorn...

Excerpt: ... sale. The FAC contains causes of action for: 1) wrongful foreclosure (monetary damages); 2) violation of Cal. Bus. & Prof. Code (“B&PC”) § 17200 et seq.; 3) breach of contract (promissory estoppel); and 4) negligent infliction of emotional distress. This matter is on calendar for the demurrer by Defendant to the FAC and each of the causes of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) on the grounds that it fails to sta...

Excerpt: ...property on August 25, 2016; a Notice of <00140019001e0003004400 00550052005300480055[ty was sold at a trustee's sale on February 24, 2017. <004f0044005a0049005800 00480055000300440046[tion against Plaintiff on March 16, 2017 and that case was resolved in a stipulated judgment and Plaintiff vacated the property. Plaintiff filed the underlying action against Oxbow and Defendants on March 24, 2017 but Oxbow has since been dismissed. The First Amend...

Excerpt: ...filed the currently operative first amended cross-complaint (“FACC”) against Edgar for: 1) breach of contract; 2) breach of the covenant of good faith and fair dealing; 3) breach of the duty of loyalty; 4) intentional misrepresentation; 5) negligent misrepresentation; and 6) interference with contractual and/or prospective economic relations. This matter is on calendar for: 1) the demurrer by Edgar to the second, third, fourth, fifth, and six...

Excerpt: ...ppeared at the trial in this debt collection action and the court dismissed the case with prejudice for lack of prosecution. Plaintiff now moves for discretionary relief vacating the dismissal on the ground of excusable mistake based on the court's purported “administrative error.” According to plaintiff's counsel Jason Tang's declaration, counsel never received notice of the trial date from the court. Plaintiff's counsel states he only disco...

Excerpt: ...iff is ordered to file and serve a supplemental declaration on or before Monday, September 30, 2019 informing the Court of the status of Defendants' compliance. Defendants are permitted, but not required, to file supplemental declarations on or before Wednesday, October 9, 2019. I. Procedural History Plaintiff filed the complaint in this action to enforce an administrative abatement order, to abate a public nuisance, and to enforce and permanentl...

Excerpt: ...t that Defendant's motion references an “Exhibit 1” but no exhibits were attached. Finally, the Court stated that all statutory deadlines for an opposition and reply will be applicable. Defendant served the motion by personal service on May 20, 2019 but has not filed any additional documents and has not filed a copy of the referenced Exhibit 1. Plaintiff filed an opposition on June 6, 2019. In her motion, Defendant requests that the Court vac...

Excerpt: ...ceeding if either (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parti...

Excerpt: ... to prevent discrimination; 5) failure to prevent retaliation; 6) wrongful termination in violation of public policy; 7) violation of Cal. Lab. Code (“LC”) § 6310; and 8) violation of LC § 1102.5. This matter is on calendar for Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication of each of the eight causes of action and the request for punitive damages. The Motion is DENIED as to the first cause of action fo...

Excerpt: ...dants' exercise of their right to free speech and it is not probable that Plaintiffs will prevail. The Motion is GRANTED. I. Standard for Anti-SLAPP Motion. CCP § 425.16(b)(1) provides that a cause of action against a person “arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue” shall be subject...

Excerpt: ... maintaining specific required items of apparel and safety equipment. Plaintiff also alleges that she was injured while performing her regular job duties, which left her with an impairment and physical disability, and rather than being provided with reasonable accommodations for her medical condition and physical limitation, she was treated less favorably and discriminated against and ultimately fired. The Complaint contains causes of action for:...

Excerpt: ...gue that it was part of one larger agreement which includes other documents which include the arbitration provision on which Defendants now rely. Defendants' papers include several different agreements. These include the JV Agreement which Petitioner includes with its complaint as well as a T1 Club Corporate Member Agreement (Club Agreement), both included together in Defendants' papers as Attachment 1. They also include the covenants not to sue/...

Excerpt: ...d real property claim and opposing the motion with arguments consistent therewith, had merely failed to provide any evidence supporting his claims. Plaintiff has remedied that defect in this motion. Code of Civil Procedure section 405.8, in the title governing lis pendens, expressly allows a party also to obtain an injunction, attachment or other relief. It states “[n]othing in this title precludes any party from seeking an attachment, injuncti...

Excerpt: ...es not dispute this but simply argues Form Interrogatory 15.1 is “premature” because the parties are in the “midst” of discovery. She further asserts her responses are substantive since they relate to plaintiffs' core claims regarding habitability of the rental home. Plaintiffs have a right to conduct discovery to investigate the defenses asserted in response to the Complaint and to prepare their case for trial. (Emerson Electric Co. v. S...

Excerpt: ...of Civil Procedure section 430.10 and on the grounds the complaint does not state facts sufficient to constitute the respective causes of action. Specifically, Defendants contend that the disputed causes of action are “duplicative and superfluous” and the demurrer is necessary “in order to avoid having to conduct discovery on duplicative and superfluous cause of action.” Plaintiffs oppose the demurrer and contend that the complaint allege...

Excerpt: ...ment. Ravina objects on the ground that the release in the settlement agreement is overly broad because it releases civil and statutory penalties “that have been or could have been asserted by Plaintiff, Plaintiff's Counsel or any Class Member arising out of or relating to the Action.” Per Ravina, plaintiff in this action must have at least alleged claims supporting civil and statutory penalties if she is going to include a release of them as...

Excerpt: ...because the FACC is uncertain, vague and ambiguous. Additionally, Plaintiff moves to strike Defendant's prayer for punitive damages and attorneys' fees and contends that the FACC fails to state sufficient facts to justify these damages. Plaintiff also moves to strike various allegations in the FACC based largely on evidentiary objections. Plaintiff's demurrer to Defendant's First Amended Cross-Complaint (“FACC”) is SUSTAINED, in part, with le...

Excerpt: ... the expectation and mutual understanding with Plaintiff that Plaintiff would retain and substitute new counsel, and Plaintiff's counsel thereafter failed to calendar and track the action. Plaintiff did not obtain new counsel and counsel lost touch with Plaintiff. Plaintiff and counsel have re-established contact and Plaintiff's counsel has agreed to seek relief from the dismissal and proceed with the case. The Motion is GRANTED. CCP § 473(b) pr...

Excerpt: ... cases in which Masterson is a plaintiff is granted. Per CCP § 391.1: “In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3. The motion for an order requiring the plaintiff to furnish security shall b...

Excerpt: ...that HBOR does not apply to this loan or the foreclosure proceedings. HBOR applies only to mortgages and deeds of trust as described in Civil Code section 2924.15, which expressly states, with emphasis added, that these provisions “ … shall apply only to first lien mortgages or deeds of trust that are secured by owner-occupied residential real property containing no more than four dwelling units. For these purposes, “owner-occupied” means...

Excerpt: ...Proc. (“CCP”) §§ 473(a)(1) and 576 to file the [Proposed] First Amended Complaint (“Proposed FAC”), which would add the selling dealership, The Nicest Guys Around, Inc. dba Autoworld (“Autoworld”) as a defendant and add causes of action against Autoworld for: violation of the Consumer Legal Remedies Act; violation of the Business and Professions Code; and breach of implied warranty of fitness. The Motion is GRANTED. The basis for th...

Excerpt: ...ailure on the part of the County of Sonoma properly to perform and fulfill its responsibility for road condition, design, inspection, maintenance, and repair, and otherwise, was the direct and proximate cause of those conditions,” Plaintiffs did not assert a separate cause of action against the County at that time. On July 13, 2018, Plaintiffs filed a First Amended Complaint which added a cause of action for general “negligence” against the...

Excerpt: ...suant to Code of Civil Procedure sections 435 and 436 and seeks to strike Plaintiff's prayer for punitive damages in the FAC at 18:1-2 and 19:11-12. Plaintiff filed a late opposition to both the demurrer and motion to strike on May 20, 2019, which Defendant apparently did not receive before he filed his reply, on May 22, 2019. In the oppositions and supporting declarations, Plaintiff concedes that she has early onset Alzheimer's Disease and she h...

Excerpt: ...l); 2) violation of Federal Fair Housing Laws; 3) violation of the California Fair Employment and Housing Act; 4) violation of the Unruh Civil Rights Act; 5) unfair business practices (based on discrimination and attempts to increase Plaintiff's rent in violation of Cal. Pen. Code § 396); and 6) negligence. This matter is on calendar for a motion by Plaintiff to consolidate this case with the later-filed unlawful detainer action brought against ...

Excerpt: ...f claims since she filed her complaint. Her former supervisor, defendant Robert Millhouse, now demurs to the only remaining cause of action alleged against him: intentional infliction of emotional distress. As stated in Hughes v. Pair (2009) 46 Cal.4th 1035, 1050–1051: A cause of action for intentional infliction of emotional distress exists when there is “ ‘ “ ‘(1) extreme and outrageous conduct by the defendant with the intention of c...

Excerpt: ...ed declaratory relief. This matter is on calendar for the motion by the National Grange for summary judgment, or in the alternative, summary adjudication of each cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c, on the grounds that the undisputed facts establish that under California law, “all Grange property must remain with the Grange.” (The Complaint and the Motion use the terms “the Order” and “the Grange” to r...

Excerpt: ...ration Agreement was a product of fraud in the execution or inception. Defendants note that there are no allegations that Plaintiff “did not know what he was signing” or “thought he was signing <004a005800480003005700 004f0044004c00510057[iff is claiming fraud in the inducement—that this should be determined by the arbitrator and not the court. Plaintiff does not contest that he signed the arbitration agreement in Defendants' office. Plai...

Excerpt: ...response has been filed, even though Petitioner served the petition almost one year ago. Code of Civil Procedure section 1290. Code of Civil Procedure section 1290.4(a), (b), and (c) set forth the requirements for serving the petition. They are: (a) in the manner provided in the arbitration agreement; (b) if service was made in this state, in the manner provided for service of the summons; or, (c) if the agreement did not specify, and defendant/r...

Excerpt: ...with respect to settling the underlying personal injury are “absolutely privileged” under Civ. Code § 47(b). Defendants assert that any causes of action are subject to strike under CCP § 425.16(e). Defendants also argue that Plaintiff cannot demonstrate a likelihood of success on the merits because the Complaint is barred by the doctrines of collateral estoppel and/or res judicata. Plaintiff opposes, arguing that Defendants false statements...

Excerpt: ...s conduct. In turn, however, Griffin has failed to meet her burden of submitting some showing that the medical records sought are not directly related to the issue she has tendered in court not limiting the records produced to no more than three years prior to March 31, 2018 is appropriate. Griffin has put her loss of earnings and the reason for her alleged constructive termination at issue by bringing this action, and Barich has a legitimate and...

Excerpt: ...h VI.J. of the BTA/Quail contract failed to express that Douglas Thornley was a party to that paragraph. Douglas Thornley would not have signed the contract had he known that he was not a party to the contract or to paragraph VI.J. of the BTA/Quail contract.” (See, Defendants' Motion at Ex. A; Defendants' RJN at Ex. 1.) Defendants bring this motion pursuant to Code of Civil Procedure sections 472, 473(a), and 576 and on the grounds that the all...

Excerpt: ...the pleading stage. Plaintiff Ravina is a settlement class member in Hugh, but she has opted out of the settlement class in Hugh. CCP §1048(a) provides: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to av...

Excerpt: ...related to an alleged dangerous condition on public property. Defendant brings the motion pursuant to Code of Civil Procedure section 438(c)(1)(B)(ii) and contends that the FAC fails to show that (1) Plaintiff filed this litigation within the required six months from the date of <0051005700030052005a00 005100570044004c0051[ed, and controlled the bridge where the incident occurred. Thus, Defendant avers that Plaintiff's FAC fails to state facts su...

Excerpt: ...required by the California Labor Code (“LC”) and applicable wage orders because it calculated overtime based on employees' base hourly wages and did not take into account all applicable non-discretionary bonuses earned during the applicable pay period; non-discretionary bonuses paid during the applicable pay period should have been considered when determining the regular rate of pay and corresponding overtime wage. It further alleges meal and...

Excerpt: ...ient to constitute a cause of action. Specifically, Defendant contends that the FAC fails to allege the specific facts necessary to state a statutory cause <0003005600480046005700 0013000f0003[et seq. and fails to establish “gross negligence, neglect or reckless conduct” required by the Act. Additionally, Defendant moves to strike Plaintiff's prayer for punitive <0003000b00290024002600 0017000c000300520051[ the grounds that the FAC does not a...

Excerpt: ...ondition of public property pursuant to Cal. Gov't Code (“GC”) §§ 830 and 835, and for loss of consortium. Although the second cause of action purports to be brought by both J. Alves and L. Alves, and the third cause of action for loss of consortium by L. Alves, L. Alvez dismissed all of her claims with prejudice per the Request for Dismissal filed and entered on November 16, 2018. Hereafter, “Plaintiff” shall refer to J. Alves. Additio...

Excerpt: ...998) 67 Cal.App.4th 1253, 1255.) As argued by defendant, broad allegations that a defendant acted maliciously and willfully are insufficient. (Austin v. Regents of University of California (1979) 89 Cal.App.3d 354, 359, disapproved on other grounds by Ochoa v. Superior Court (1985) 39 Cal.3d 159.) To warrant punitive damages, the act complained of must be willful, in the sense of intentional, and must be accompanied by aggravating circumstances, ...

Excerpt: ...aintiffs' assertion of the attorney work product privilege.) Documents Nos. 1 & 2 Defendant argues that Plaintiffs' Attorney Davis waived the work product privilege when he testified in deposition regarding his revisions to the Unanimous Written Consent (UWC). Defendant contends that Attorney Davis testified regarding his suggested change of the word “appraisal” to “assessment.” Defendant asserts that because Attorney Davis explained his ...

Excerpt: ...the motion within thirty (30) days of service of the Court's final ruling. Plaintiff has demonstrated “good cause” for the requested documents and has stated sufficient facts showing that the information sought is “relevant” to this case and will “reasonably assist…in evaluating the case, preparing for trial, or facilitating settlement…” (Code Civ. Proc. §2017.010; see also, Lopez v. Watchtower Bible & Tract Society of N.Y., Inc....

Excerpt: ...aintiff on behalf of himself and others similarly situated against Toby's Trucking, Inc. (“Defendant”) for wage and hour violations. The SAC contains causes of action for: 1) Failure to pay wages at prevailing wage rates (Cal. Lab. Code (“LC”) §§ 1771, 1774, 1811, 1815); 2) Failure to pay minimum wage (LC §§ 1194, 1194.2; Wage Order 9 § 4); 3) Failure to provide meal periods (LC §§ 226.7, 512; Wage Order 9 § 11); 4) Failure to pro...

Excerpt: ...and in particular, the Court addressed the issue of Plaintiff's untimely government claim and untimely request to file a late claim. Although the Court expressed doubts about Plaintiff's ability to cure the defects based on the facts already alleged, the Court gave Plaintiff an opportunity to amend. On February 28, 2019, Plaintiff filed his FAC. Defendant brings this demurrer under Code of Civil Procedure section 430.10(e) and on the grounds that...

Excerpt: ... Timber Cove Properties subdivision. By this complaint, plaintiffs seek, inter alia, a judicial determination that plaintiffs have a right to use and maintain the portions of the pedestrian and equestrian easements that traverse the parcels owned in fee by defendants ANN VERNON, RUSSELL SMITH and MERIN S. MC CABE.” (FAC, ¶1, fn. 1 omitted.) Specifically, the following causes of action are alleged in the FAC: (1) to quiet title to private easem...

Excerpt: ...serve full and complete verified responses, without objections, and produce responsive documents, within ten (10) days of notice of entry of the order granting this Motion. The request for monetary sanctions is DENIED for lack of compliance with CCP § 2023.040. If a party to whom interrogatories were directed fails to serve a timely response, the responding party waives all objections, including those based on privilege and work product protecti...

Excerpt: ...um of $1,000 per month of unpaid rent arising from occupancy of the Trustor's real property, from 2010 to the Trustor's death. All deduced rent amounts shall than [sic] be added to the share passing to LYNDA CATENACCI, pursuant to the provisions of Section 4.02(B)(2) below.” (Amended Petition, ¶9.) However, the petitioner does not state what construction he would have the court impose, or whether that is contrary to the other party's construct...

Excerpt: ...570044004c0051[. Defendant contends that Plaintiff's entire case is based on the existence of an attorney- client contingency agreement between Plaintiff and third-party Anthony Michalek. Defendant avers that “Plaintiff cannot allege an enforceable Attorney-Client Contingency Fee Agreement because there is not enforceable Attorney-Client Contingency Fee Agreement” and therefore, “Plaintiff has no right to recover any portion of Anthony Mich...

Excerpt: ...r Code 98.2. Defendant filed an opposition on April 30, 2019, the day before the original hearing on May 1, 2019. However, the Court did not receive that opposition prior to posting its tentative ruling on April 30, 2019 and the tentative ruling was to grant Plaintiff's motion to dismiss. Defendant appeared at the May 1, 2019 hearing, without giving notice to Plaintiff, and the Court continued the hearing until today, May 8, 2019. Defendant's opp...

Excerpt: ...laintiff's allegations that Defendant acted in bad faith and in violation of the law during a loan modification review process. Plaintiff's underlying Complaint states five causes of action. First, Plaintiff asserts a cause of action under Civil Code section 2924.11 based on Defendant's alleged “dual tracking” violations. Specifically, Plaintiff alleges that Defendant “dual tracked” the foreclosure process by recording a Notice of Trustee...

Excerpt: ...as been suffering from an extremely critical and nearly fatal medical condition that left him incapacitated, unable to manage his affairs, and virtually unaware of the events affecting him. (Motion at 1:23-26, 3:4-8; see also, Sheridan Dec. at ¶¶4-5.) Defendants contend that Mrs. Sheridan, the other trustee for the Trust, has never had any responsibility for the property owned by the Trust, never participated in managing the property, and assum...

Excerpt: ...ngs and the alleged taking of plaintiff's personal property. Defendant Bettencourt is the Administrator of the Estate who filed the unlawful detainer and defendants Jensen and Blonski are attorneys who represented the parties in the eviction case. Per CCP §391.1: “In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the...

Excerpt: ... opposition declarations. Such evidence is improper. As CCP §437(a) provides: “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” The complaint in this action alleges one cause of action for declaratory relief as to the parties' respective insurable interests in the subject real property. Defendant moves to strike various allegatio...

Excerpt: ...et 2 GRANTED. 5. Motion to Quash Amended Notice of Deposition of Margie Mejia and Person Most Knowledgeable at Lytton and for Protective Order DENIED. 6. Motion to Quash Subpoena Duces Tecum of Russell Kobayashi DENIED. 7. Motion to Quash Amended Notice of Deposition of James Beyers and for Protective Order DENIED. The court notes that the discovery sought, and thus the primary bases of all the arguments on each motion are largely the same, and l...

Excerpt: ...ff's action and therefore, a separate trial on this affirmative defense will eliminate the necessity and save the time and expense of a regular trial on the action. Plaintiff opposes the motion and contends that even if the contractual limitation of liability provision is found to apply to the parties here, it will not resolve all of the issues in this case and will not eliminate the need for a trial. Plaintiff's Request for Judicial Notice in Su...

Excerpt: ...3d 1045, 1047.) Despite this, there are a number of considerations unique to this case that support the court's finding that allowing this amendment now is not in the furtherance of justice. The court ordered on February 9, 2018, that Mr. Maciel shall not act as agent to either Joseph or Judith Gappa (Joe or Judy) under any durable powers of attorney, or in any fiduciary capacity on behalf of either of them or their trust. The only remaining basi...

Excerpt: ...art of the settlement in the Personal Injury Case, Defendants fraudulently under declared their net worth in order to induce Plaintiff into taking a lower settlement. Plaintiff alleges that had Defendants declared their true net worth he would not have agreed to the settlement in the Personal Injury Case. Demurrer to Answer Plaintiff contends that Defendants' Answer to the Complaint contains 35 affirmative defenses “which are uncertain, unsuppo...

Excerpt: ...is claim requires that the parties actually rely on the misrepresentation. See Conrad v. Bank of America (1996) 45 Cal.App.4th 133, 157; Richard P. v. Vista Del Mar Child Care Serv. (1980) 106 Cal.App.3d 860. However, courts still owe a duty to construe the pleadings liberally and not be too strict or technical in applying the requirement of pleading fraud with particularity. 5 Witkin, Cal.Proc. (5 th Ed. 2008), Pleading, section 714; see also Wi...

Excerpt: ...aint. This matter is on calendar for defendant Chanate Property Owners Association's (“CPOA's”) Motion for Summary Judgment on the grounds that CPOA owed no duty to Plaintiff because: 1) CPOA did not own or possess the property where Plaintiff was allegedly injured (the “Property”); 2) the issue of “control” was not pled in the Complaint and thus CPOA owed Plaintiff no duty as a result of its “control” of the Property; and 3) even...

Excerpt: ...according to proof” which is specifically directed at the “[p]roceeds of sale of real property for Lynda Maye in control of Stephen Olson Partition Referee arising out of May v. Rangel; Sonoma County Superior Court Action No.: SCV-260596.” The Application is DENIED without prejudice, for failure to demonstrate the amount to be secured by the attachment. “Attachment is an ancillary or provisional remedy to aid in the collection of a money ...

Excerpt: ... CC section 2923.7; 3) breach of contract; 4) breach of the implied covenant of good faith and fair dealing; 5) negligence; 6) negligent infliction of emotional distress; 7) declaratory relief pursuant to CC section 2924.12; 8) violation of CC section 2937; 9) unfair business practices (violation of Bus. & Prof. Code (“B&PC”) § 17200 et seq.); and 10) for an accounting. This matter is on calendar for the demurrer by Wells Fargo pursuant to C...

Excerpt: ...ntiff filed his initial complaint in pro per. The court overruled Defendant's demurrer to Plaintiff's negligence claims and sustained the demurrer to the remaining claims, with leave to amend. Plaintiff filed a first amended complaint in pro per, and then after he obtained counsel the parties stipulated to the filing of the currently operative second amended complaint (“SAC”). The SAC contains causes of action for: 1) direct and vicarious neg...

Excerpt: ...hen Plaintiff Tammy Panarites, a disabled person, was struck by a motor vehicle in a parking lot owned, managed, maintained and/or controlled by the D'Costa Defendants on February 23, 2016 when she was walking to the building entrance. She alleges that the D'Costa Defendants are liable for her injuries because they failed to provide the required extra-wide, ADA-compliant and curbless parking spots near the entrance; Paul Panarites was forced to p...

Excerpt: ...its statutory and contractual obligations when it failed to negotiate a “new settlement closing date” with Plaintiff after the short-sale buyer was unable to close escrow by the initial date set. Based on this alleged breach, Plaintiff contends he is likely to proceed on the merits of his claims for a violation of Civil Code section 2924.11. Additionally, Plaintiff contends that he <0003004c0051004d005800 00560003005100520057[ issued and that...

Excerpt: ...al funds not in dispute upon which she plans to submit additional evidence.” (Motion at 2:9-13; Sax Decl.; Request for Judicial Notice.) In her corrected Opposition (per the errata), Maye seeks an order that the proper allocation of the proceeds of the sale of the real property commonly known as 113 Douglas Fir Circle in Cloverdale (the “Property”) be distributed $233,848.94 to Maye and $105,635.60 to Rangel. The Motion is DENIED. By way of...

Excerpt: ...dispute that Plaintiff is entitled to discovery of the putative class member contact information in advance of class certification.” (See, Opp. at 1:19-20.) Instead, Defendant contests Plaintiff's proposed Belaire-West disclosure, which includes contact information for both Plaintiff's and Defendant's respective attorneys. Defendant argues that including Plaintiff's attorney information in theBelaire-West disclosure would create a “one-way”...

Excerpt: ...effort to provide responses, plaintiffs are entitled to code-compliant responses. Absent such compliance, it is unclear whether there are any outstanding documents yet to be produced and if so why. The defendants appear to attempt address this issue by filing declarations in opposition to the motion stating that there are no more documents to produce. Accepting this as sufficient compliance would potentially leave plaintiffs in the position of la...

Excerpt: ...ental examinations in the past. She was found to lack capacity as recently as 2017 by Dr. Christine Naber. Ms. Norman then chose to be examined by Dr. John Podboy in early February 2019. Dr. Podboy opined that Ms. Norman is “quite capable of managing her own affairs.” (Sinigiani Decl., Ex. K, p. 2.) However, the number of IMEs is not limited as long as good cause is shown. (Shapira v. Superior Court (1990) 224 Cal.App.3d 1249, 1255.) Moreover...

Excerpt: ...rological examination and mental exam by Mark Strassberg, M.D., a neurologist; and (2) neuropsychological testing to be performed by Ronald Roberts, Ph.D., a neuropsychologist.” (See, Motion at 2:8-12.) Defendant contends that based on Plaintiff's allegations of traumatic brain injury and post-concussion syndrome, Defendant “is entitled to a mental and physical examination to be performed by its own neurologist, Dr. Strassberg, with <00030027...

Excerpt: ...ong with Gregory Sfarzo dba Guitar String Manufacturing. Sfarzo's answer identifies the LLC and Sfarzo as “in pro per” in the caption and alleges: “Comes now the defendant GREG SFARZO sued herein under the fictitious name of GREG SFARZO dba GUITAR STRING MANUFACTURING, and SFARZO STRING COMPANY, LLC, and sued individually, (collectively referred to herein as DEFENDANTS) and, in answer to plaintiffs complaint, admits, denies, and alleges as ...

Excerpt: ...g related in part to hospital staffing levels. She also alleges workplace health and safety violations under California's OSHA laws through the enforcement mechanism of the Private Attorneys General Act in the Labor Code. Brooke recently dismissed her three causes of action for misrepresentation. Defendants contend Brooke was terminated because her job performance at Aurora was inadequate. Defendants further assert that when they terminated Brook...

Excerpt: ...ubdivision (d) of Section 473 for lack of proper service of the summons and complaint. Subdivision (b) of CCP §473 states in pertinent part that: “the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the...

Excerpt: ...9, “the case was resolved against [the named] Defendants on the basis of a determination that [Defendants] were only 20 percent at fault for the collision, while Priscilla Parks was 80 percent at fault.” (See, Motion at 4:11- 13.) However, David also alleges that the Notice of Settlement of the Entire Case filed on January 23, 2019 was filed in error and in fact, “[i]t was not the intention of Plaintiff David Parks, nor the intention of his...

Excerpt: ...fendants' agent, there is no such relation between Plaintiffs and Concierge, with the result that the Court finds no basis for compelling either of them to arbitrate with the other. There is no basis for the Court to require two unrelated parties to arbitrate their claims together even if the claims arise from the same transaction and both parties are in arbitration with another party. That is particularly relevant here where the arbitration fora...

Excerpt: ...which appears doubtful, or which does not appear to be proper on its face. [Citation.] However, “[i]f the items appear to be proper charges, the verified memorandum is prima facie evidence that the costs, expenses and services therein listed were necessarily incurred by the defendant [citations], and the burden of showing that an item is not properly chargeable or is unreasonable is upon the [objecting party].” [Citations.] The court's fi...

Excerpt: ...sulted in surgery in January 2019. Defendant's evidence and explanation are sufficient to justify setting aside the default. “Surprise” is “some condition or situation in which a party ... is unexpectedly placed to his injury, without any default or negligence of his own, which ordinary prudence could not have guarded against.” Credit Managers Ass'n of So. Calif. v. National Independent Business Alliance (1984) 162 Cal.App.3d 1166, 1173. ...

Excerpt: ...event any cannabis operation, this lawsuit is clearly and expressly limited to stopping illegal operations in violation of the Sonoma County Code and any permit, or lack thereof. Plaintiffs base this in part expressly on the allegation that Defendants lack a permit or license allowing them to conduct the operations and business activities at issue and the first amended complaint only once mentions the permit in order to show that Defendants have ...

Excerpt: ...in terminating sanctions. The court set the matter on this calendar to review compliance. The parties have filed documents in preparation for this hearing; which the court has reviewed. It appears that Plaintiff is largely in compliance with the orders of the court, however, Plaintiff's responses to the written discovery are inadequate. As pointed out by Defendant, Plaintiff's responses interpose objections, which were waived by her untimely resp...

Excerpt: ...d does not appear to actually seek further responses but moves to “strike” two general objections made in the requests for admissions. As above in relation to the form interrogatories, Mary Durand argues plaintiff waived any objections by serving untimely responses. The court agrees that plaintiff has waived objections to these requests for admissions. Special Interrogatories, First Set Special interrogatories, nos. 3, 4 & 5 seek information ...

Excerpt: ...39.) “If the trial court orders the reference without the parties' consent, ‘[t]he referee's factual findings are advisory recommendations only; they are not binding unless the trial court adopts them.'” (Ibid, citing, In re Marriage of Petropoulos (2001) 91 Cal.App.4th 161, 177; see also, Code Civ. Proc. §644(b) [“The court may adopt the referee's recommendations in whole or in part after independently considering the referee's findings...

Excerpt: ...preclude RCBSR from raising the issue of order of proof with the trial judge. Plaintiffs' objections 1-5 are sustained and the objection 6 is overruled. The allegations of the Complaint do not base all of RCBSR's purported liability on HBC's employee's conduct or HBC's claimed negligent supervision. It is also alleged that Thorpe and the other individual Defendants were RCBSR's own agents or employees, e.g. John M.R. Doe Comp. ¶¶ 4, 63 (allegin...