Excerpt: ...ty located next to the Plaintiff's lot. Around April 2020, Plaintiff began experiencing a backup of sewage which she attributed to the roots of trees located on common property. Despite requests to do so, Defendants did not pay for plumbing repairs. Plaintiff alleges causes of action for trespass, nuisance, financial elder abuse, intentional infliction of emotional distress, and negligent infliction of emotional distress. When Plaintiff purchased...

Excerpt: ... representations about their filters (“Filters”) and the filtration system (“Filtration System”) using those Filters, Plaintiff decided to purchase and use the Filtration System in its business but that the Filtration System did not work as represented and resulted in tainted wine that was “undrinkable and unsalable.” It contends that Defendants knew of these defects or failed to conduct proper testing to determine the effectiveness o...

Excerpt: ...for the death of the decedent, Walter Eric Leet (“Decedent”). This matter is on calendar for the motion by Schmidt pursuant to Cal. Code Civ. Proc. (“CCP”) § 877.6 for an order determining that its settlement with Plaintiffs, in the amount of $29,999, is in good faith. The Motion is GRANTED. According to the declaration submitted, Plaintiffs and Schmidt agreed to a payment of $29,999 as settlement in exchange for a release of any and all...

Excerpt: ..., after holding a trial on Petitioner's request for a Civil Harassment Restraining Order, the Court found in favor of the Respondent and found an award of reasonable attorney's fees was appropriate, the amount to be determined upon motion at a later time. As the prevailing party, Respondent has now moved for attorney's fees and costs in connection with these proceedings. Respondent's counsel requests $9,687.50 in fees and $700 in costs. Counsel r...

Excerpt: ...e “Crossing”). This matter is on calendar for motion by SMART for summary judgment or adjudication of each pending cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. The motion for summary judgment is GRANTED. I. Facts SMART and the City were and are negotiating a possible at-grade pedestrian and bicycle crossing commonly referred to as the “Jennings Crossing”. SMART's Undisputed Material Facts (“SUMF”), ¶¶ 9, 13,...

Excerpt: ...nt which included the following pertinent terms: 1) David and/or Eugene shall submit “the first lot line application” to the County which proposes a 3 parcel division of the property. 2) If David and/or Eugene withdraw or abandon the application, John Calvi may submit an application to the County proposing a 2 parcel division. 3) “If both the 3 parcel and the 2 parcel applications are denied by the County, the entirety of the two parcels sh...

Excerpt: ...aine McCoy and his brother, Defendant/Cross-Complainant Dean McCoy. (“Dwaine” and “Dean”) For many years, the McCoy brothers successfully ran insulation companies together. A dispute between the brothers resulted in Dwaine filing this action to wind up Dean's interest in the business and resolve various liabilities. Dwaine alleges that Dean developed a gambling habit and improperly took over $400,000 in company funds and used them for him...

Excerpt: ...eclaratory Relief and Breach of Contract SUSTAINED with leave to amend. Plaintiff has leave to amend within 10 days of the service of the notice of entry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiff, a labor organization representing construction workers, complains that Defendant has improperly repudiated a Project Stabilization Agreement (“PSA”) be...

Excerpt: ...t al., No. 18-cv-02223 (C.D. Cal.); that Plaintiff's second, third, and sixth causes of action fail to state facts sufficient to constitute a cause of action; and that Plaintiff's fifth cause of action is untimely. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike seeks to strike portions of the complaint on the grounds that the applicable law does not allow for recovery of replacement or restitution and related damages, incl...

Excerpt: ...tive relief based on Plaintiff's admission regarding injunctive relief. The demurring and moving party is required to answer within 10 days of service of the notice of entry of the 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 Plaintiff, alleging that he is the heir of, and successor in interest to, Decedent Robert Ritchie (“Decedent”), complains that D...

Excerpt: ...laintiff received court approval for service by publication of summons on December 28, 2021. The OSC hearing was set for March 3, 2022. Plaintiff nor his counsel appeared at the March 3, 2022 hearing. The case was dismissed as a result of Plaintiff's non- appearance. The proof of service by publication was filed on March 8, 2022. This motion was filed March 14, 2022. II. Governing Law Under the mandatory relief provision of CCP § 473(b), “the ...

Excerpt: ...efendant Patrinellis (“Defendant”) arising out of Decedent's death, which was consolidated with the present action per order entered on December 2, 2020. Pursuant to a stipulation and order, Mother Plaintiff's first amended complaint and Father's second amended complaint were filed; they are substantively identical complaints (the “Complaints”). This matter is on calendar for Father Plaintiff's motion to compel answers to form interrogato...

Excerpt: ...edgeable, with Production of Documents GRANTED. Motion to Compel Defendant Ford Motor Company's Further Responses to Requests for Production of Documents Nos. 9, 10, 14, 17, 31, 34-37, and 39-71 GRANTED. Facts and History Plaintiff complains that he bought a new Ford F-150 truck (“the Truck”), with warranties from Defendant's authorized dealer, W.C. Sanderson Ford (“Sanderson”), but it suffered from defects of which Defendant was aware at...

Excerpt: ...n special interrogatory number 89, Defendant Buchman requests that Plaintiff: Identify by name all individuals and entities that paid, either directly or indirectly, the property tax associated with the ASSESSMENT (for the purposes of these interrogatories, the term “ASSESSMENT” means the re-assessment of property taxes that took place as a result of Gloria Egger's transfer of limited partnership interests, and which make up the basis of YOUR...

Excerpt: ...ers”), Gavin McDOWELL (“McDowell”, together with Colliers, “Opposing Defendants”), and Does. Opposing Defendants have filed a cross-complaint against Moving Defendants (“Cross-Complaint”) and Plaintiff. This matter comes on calendar for defendants 434 CENTRAL AVENUE APARTMENTS LP's and WCGM PROPERTIES LLC's motion to discharge Moving Defendants as stakeholders under Code of Civil Procedure sections 386 and 386. The motion is DENIED....

Excerpt: ...negligence; 6) breach of bailment agreement; and 7) conversion (the “SAC”). This matter is on calendar for motions by Defendants for summary judgment or adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. I. Evidentiary Issues Moving Defendants assert for the first time on reply that they never entered into an agreement with Plaintiff. New contentions asserted on reply may be disregarded by the court as a matter of fairness. Ma...

Excerpt: ...n allegations that Plaintiff has “violated its California Code of Civil Procedure § 664.6 reciprocal duty of good faith and fair dealing…” by recording a notice of lis pendens, and in doing so breaching the “judgment contract”. There is no evidence that the County has acted in bad faith in any regard. Defendant has not cited, and the Court sees no legal basis for vacating the judgment. The motion is denied. Plaintiff's petition to appo...

Excerpt: ...ke portions of the complaint referring to Defendant driving while under the influence of alcohol or other mind-altering substances impairing her ability to drive, or having a blood alcohol level above the legal limit, or acting with malice and oppression in willful and conscious disregard for others, and request for punitive damages based on these allegations. Plaintiff opposes the motion. He argues that there is no basis for striking allegations...

Excerpt: ...”), but it suffered from defects of which Defendant was aware at the time and which Defendant concealed, Plaintiff repeatedly took it to Defendant's authorized dealer for repairs but Defendant has not remedied the problem or recalled or replaced the defective parts. Defendant moved the court to compel arbitration of Plaintiff's claims and stay this court proceeding pending resolution of the arbitration, relying on an arbitration provision in th...

Excerpt: ...He contends that Defendants discriminated and retaliated against him in violation of the Fair Employment and Housing Act (“FEHA”) and in retaliation for whistleblowing on Defendants' failure to ensure compliance with requirements regarding mandated reporting of suspected child abuse in violation of the California Abuse and Neglect Act (“CANRA”) and Labor Code section 1102.5. He specifically refers to alleged misconduct related to the abus...

Excerpt: ...endant defaulted under the terms of the settlement. The court granted the motion after the hearing of January 12, 2022. On February 17, 2022, the court entered judgment thereon. Motion Plaintiff now moves the court to amend the judgment nunc pro tunc pursuant to CCP section 473(d), explaining that it inadvertently made a math error on the proposed judgment it presented, and which this court entered, resulting incorrectly in a larger judgment than...

Excerpt: ...f's brother, Joseph Dutton (“Joseph”), Plaintiff's then-wife Teresa Dutton (“Teresa”), and Plaintiff (collectively, Plaintiff, Gail, Joseph, and Teresa are “the Duttons”), including estate planning and preparation of several agreements regarding DRC. He contends that Defendants failed to advise Plaintiff of potential conflicts of interest between him and Teresa, failed to shield Plaintiff's property interests, including his interest i...

Excerpt: ... referred to as “Defendants”). The Prior Action involved 97 plaintiffs and 28 defendants. Plaintiff alleges that Defendants negligently mishandled the litigation which resulted in Plaintiff's award being diminished, allowed defendant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award Plaintiff was entitled to, failed to allocate any of the award for fees and costs to Plaintiff, and h...

Excerpt: ...ract. Defendant Abbott filed a cross-complaint against Plaintiff claiming construction defects. As a result, Plaintiff filed a cross-complaint against its subcontractors for indemnity and contribution, including Bedrock Concrete Company (moving party) as a Cross-Defendant. Bedrock performed concrete work on the subject property. Defendant Abbott alleges that the concrete work performed by Bedrock on the driveway exhibits numerous cracks and that ...

Excerpt: ...nated representatives of the LWDA in their respective PAGA actions against the defendant in this matter, In-n-Out Burgers. Petitioners claim that because their claims against In-n-Out overlap with the claims of the Plaintiff in this matter, Ryan Accurso, intervention is necessary for them to protect the interests of the LWDA “against the threatened action of a rogue agent”; i.e. Plaintiff Accurso. (See Petitioners' amended memorandum, p. 1.) ...