Excerpt: ...ry abatement since 2016 and details the violations, with orders imposing penalties and obligation to pay abatement costs. Despite the efforts, problems remained and Defendants never paid the penalties or abatement costs or abated the nuisances. Plaintiff alleges that Defendants are the owners and possessors of the Property. Defendants failed to answer so Plaintiff obtained a default against Defendants on April 21, 2022. Motion Plaintiff now moves...

Excerpt: ... order. CRC 3.1320(g). Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiffs complain that Defendants were employed to handle a real-estate transaction (“the Transaction”) by which Plaintiffs intended to purchase real property at the McKenzie Ranch on Sykes Road, Dixon, California (“the Property”) but handled the Transaction negligently. They allege that they own and ...

Excerpt: ...the accrual of a cause of action sets the date as “the time when the cause of action is complete with all of its elements.” Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 397. 3. An exception to this general rule is the discovery rule. The discovery rule “postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action.” (Id.) a. The plaintiff discovers the cause of action he “at least s...

Excerpt: ...f as a director, and Plaintiff's right to corporate records. 3. These allegations also implicate Plaintiff's interests in the corporation as a shareholder. 4. Furthermore, the conduct is that of the Defendant herself but also clearly includes her conduct in the role as a shareholder and director of the corporation. B. Demurrer/Second Cause of Action/Overruled 1. Court agrees Plaintiff's argument that Defendant's conduct has injured both Plaintiff...

Excerpt: ...n compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material ...

Excerpt: ...for: 1) Professional Negligence; 2) Breach of Fiduciary Duty; 3) Intentional Fraud; 4) Negligent Misrepresentation; 5) Aiding and Abetting Breach of Fiduciary Duty; and 6) Financial Elder Abuse (the “FAC”). FGWH has subsequently filed a first amended cross complaint with causes of action against multiple cross-defendants, but particularly against Redwood Gospel Missions, Inc. (“Redwood”) as to the third and fourth causes of action for: 3)...

Excerpt: ...cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instrume...

Excerpt: ...t has violated the Agreement by failing and refusing to pay, despite Plaintiff's demands. Plaintiff seeks to foreclose on a mechanic's lien and also alleges breach of contract, common counts, and declaratory relief. Both Plaintiff and Defendant on the same date filed motions to compel arbitration of the dispute. Those are set to be heard in this court on December 7, 2022. Demurrer This matter is now on calendar for Defendant's demurrer to the com...

Excerpt: ...enses in the amount of $12,323.28. In opposition to this motion, Defendant American Honda Motor Co., Inc. filed 45 pages of objections to Plaintiffs' evidence. The majority of these objections are based upon Plaintiffs' counsel's declaration describing the facts alleged in the case. These are not relevant to the issue of attorney fees and/or the declarant lacks personal knowledge of the facts. Defendant's objection numbers 1 through 9, 16, and 18...

Excerpt: ...hen she caused the subject collision. The motion is DENIED. Plaintiff filed his complaint alleging motor vehicle personal injury. It alleges that on September 23, 2021, while in the coarse and scope of her employment, VanVorst negligently, without headlights at night, drove her vehicle into Plaintiff by making a left hand turn at an intersection without yielding to him. 1. Objections CSN's objection number 1 is sustained. The remaining objections...

Excerpt: ...tend, is secured against the Property with a deed of trust (“the DOT”). Plaintiffs also allege that they obtained a second loan (“the Second Loan”) to assist buying the Property, secured against the Property with a second deed of trust (“the Second DOT”). During this litigation, Plaintiff Michael Christopher London (“Plaintiff”) obtained the entire interest of Karen Ann London (“Karen”), Plaintiff's now ex-wife. Motion Plainti...

Excerpt: ...tions to Plaintiff's evidence number five and six are sustained based on lack of foundation, the balance are OVERRULED. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. General Underlying Facts: Plaintiff was hired by Defendant The Permanente Medical Group (“TPMG”) as a Laboratory Technician II (in other words a phlebotomist) in January of 2019. (Undisputed Material Fac...

Excerpt: ...he has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. A plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §438(c)(1)(A).) “The grounds for a motion for judgment on ...

Excerpt: ...s of approval); (2) any design immunity that existed was lost due “changed conditions” of the subject roadway that created a dangerous condition of which defendant was aware, and on which it failed to perform remedial work or provide warnings; (3) that even if design immunity exists, the design immunity does not defeat plaintiff's “failure to warn” theory of liability; and (4) defendant has engaged in conduct with respect to discovery tha...

Excerpt: ...fendant and Respondent County of Sonoma (“County”) wrongfully issued a building permit (“the Permit”) to Defendant Air Exchange, Inc. (“Air”) for improvement work on real property belonging to Two Rock Volunteer Fire Department (“TRVFD”) adjacent to Plaintiffs' Property at 7599 Valley Ford Road (“TRVFD Property”). They allege that Air initially began installing an “electro-mechanical exhaust removal system” (“the System�...

Excerpt: ...”) destroyed it in October 2017 (“the Loss”), he lacked sufficient insurance to cover the Loss. He alleges that he obtained his homeowners and fire insurance policy (“the Policy”) from Defendant Farmers and that after a fire in 2015, he contacted Hunsaker and Farmers to ensure that he had adequate coverage and asked them to adjust the Policy, if necessary, in order to ensure sufficient coverage. He claims that he asked Defendants to cal...

Excerpt: ...ties' reference: This matter was previously on for hearing on September 14, 2022, prior to which the Court issued a tentative ruling requiring the parties' appearances if verifications were not provided by the Cross‐ Defendants prior to the hearing. No party called to request oral argument by 4:00 p.m. the day prior to the hearing; however, counsel for Cross‐Defendants appeared before the Court at the time set for hearing and explained he had...

Excerpt: .... This action was filed on May 17, 2021, by Johnston | Thomas Attorneys at Law PC (“Plaintiff”) against Kimberly Colvig (“Colvig”). The complaint alleged breach of contract and sought $343,775.00 in damages. The complaint alleged that the parties entered into an agreement for legal services, which Plaintiff provided, but that Colvig failed to pay the amount owed. Plaintiff filed a declaration of non‐service in this case indicating that ...

Excerpt: ...umer Warranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; 3) breach of express warranty under the Cal. Commercial Code; and 4) unfair competition. This matter is on calendar for the motion to compel arbitration filed the Defendant pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1‐16. The Motion is DENIED. I. The Basis for the Motion The Retail Installment Sales Contract for the Ve...

Excerpt: ... January 20, 2023 at 3:00 pm in Department 17. The supplemental briefing and/or declarations are to be filed and served by January 4, 2023. I. The Complaint The FAC contains causes of action for: 1) violations of Labor Code §§ 510 and 1198 as to unpaid overtime; 2) violations of Labor Code §§ 226.7 and 512(a) for unpaid meal premiums; 3) violations of Labor Code § 226.7 for unpaid rest period premiums; 4) violations of Labor Code §§ 1194, ...

Excerpt: ...2. Petitioner filed . This matter is on calendar for Moving Defendant's demurrer to the FAP pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty. The demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside ...

Excerpt: ...s noted in A1 above depositions were expressly limited to the issues in SCV‐270339 4. the fact the notices were captioned for SCV‐266225 is of no consequence. a. When a court orders cases completely consolidated, the pleadings are considered merged, a party appearing in any of the consolidated actions is subject to court jurisdiction in the entire merged action, and there is one set of findings and one judgment. See Hamilton v. Asbestos Corp....

Excerpt: ...ondent,” “CDF” or “CalFire”) of Timber Harvesting Plan 01-20-00203-SON (“THP”) submitted by Real Party in Interest (“RPI”) for harvesting 267 acres of redwood forest along the South Fork of the Gualala River (“the Project”) on land which RPI's owner, Daniel Falk (“Falk”) owns (“the Project Site”). Respondent issued the Notice of Filing of the Project application on December 10, 2020 and received comments from other a...

Excerpt: .... (“Colliers”), Gavin McDOWELL (“McDowell”, together with Colliers, Cross-Complainants), and Does. Cross-Complainants have filed a cross-complaint against Responding Defendants (“Cross-Complaint”) and Plaintiff. This matter comes on calendar for Plaintiff's motion to compel further compliance with deposition notice from Responding Defendants and the deponent Genaro Mendoza (“Deponent”) under Code of Civil Procedure (“CCP”), se...

Excerpt: ... Act; 3) violation of §1793.2 under the Act; and 4)fraudulent inducement-concealment. This matter is on calendar for multiple motions. The motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”) after orders were made for said production on September 16, 2021, and again on February 25, 2022. The Motion is GRANTED. The court orders Defendant to pay ...