Excerpt: ...nnie; and Carol. (Id. at ¶¶2-3.) Over the following years, a series of amendments were made to the trust, and settlor Robert Gong executed a corresponding will. (Id. at ¶¶3-9.) The 2016 version of the will purports to distribute three $500,000 gifts to Jodie, Connie, and Carol but leaves 90% of the balance of the estate to Teejay, and the remaining 10% to the Lowe grandchildren. (Id. at ¶10.) Jodie filed this petition on January 8, 2021 alle...

Excerpt: ...er is SUSTAINED, with leave to amend. Defendant's motion to strike is GRANTED, with leave to amend. Plaintiff has twenty (20) days from the date of the hearing to file and serve a third amended complaint. Plaintiff shall file a declaration with any amended complaint, identifying all allegations that are deleted from and added to the previous pleading, and where, by page, paragraph, and line number, those deletions and additions are located. Addit...

Excerpt: ...he case arises from Plaintiff's allegations that Defendant “failed to treat plaintiff within the standard of care required of California licensed dentists.” (Complaint at PLD-PI-001(2).) Specifically, Plaintiff alleges that “[o]n or about May 22, 2017 through June 14, 2017, defendant Field treated plaintiff for repair/replacement of crowns (implant crowns) on teeth Nos. 19 and 20.” [citation]. “Both crowns began to be loose and painful....

Excerpt: ...Talmage Road in Ukiah (“the Project Site”) on which Defendants were working and which was under Defendants' control. Plaintiffs allege that Defendants Ernest Wipf, Wipf Construction and Wipf construction, LLC (collectively, “Wipf”) were performing construction at the Project Site and negligently hired and supervised Defendant Ralph Gussman Lucero (“Lucero”), knowing that Lucero was a dangerous driver, and yet let Lucero drive a constr...

Excerpt: ...quested by the Defendants. Nonetheless, defense counsel appeared but failed to advise counsel for the opposing party of the requested appearance. At the hearing, defense counsel made the Court aware that Plaintiffs had filed a First Amended Complaint (“FAC”). The FAC had not been entered into the Court's system by the time of the hearing. However, it is now clear that Plaintiffs filed the FAC on April 1—the day before the hearing. The Court...

Excerpt: ... attorney Eikenberry, refused to do so and proceeded with their efforts to enforce the judgment against Plaintiff's interest in the property. In opposition to the motion, Defendant points out that on February 24, 2021, Defendant filed a Notice of Appeal in this action, which is pending before the First District Court of Appeal (Case # A162277). Specifically, the appeal challenges the trial court's ruling to grant Plaintiff's request for a prelimi...

Excerpt: ... and other wrongdoing. She asserts that Defendant's only explanation for terminating her was that she was a probationary employee. Plaintiff moves the Court for leave to file a first amended complaint (“FAC”) in order to add two new causes of action, the new 6 th and 7 th causes of action for discharge without due process and discharge without due cause. She asserts that during this litigation she discovered that Defendant has no evidence tha...

Excerpt: ...ch of contract; 2) breach of the implied covenant of good faith and fair dealing; 3) negligence; 4) fraud; and 5) violation of Cal. Bus. & Prof. Code (“B&PC”) § 17200 et seq. (the “UCL”) (the “Cross-Complaint”). This matter is on calendar for Signoretti's demurrer to the Cross-Complaint on the grounds that the causes of action do not state facts sufficient to constitute a case of action and/or are uncertain. The Demurrer is OVERRULED...

Excerpt: ... for misusing the discovery process by destroying reports and documents in the possession of Farmers Insurance Agent Dayna Sibert. (2) Plaintiffs' three separate Code of Civil Procedure section 2031.310 motions seeking to compel Defendant Farmers Insurance Exchange (“FIE”) to fully comply with identified requests for the production of documents: a. Plaintiffs' Requests 1-2 and 7-12; b. Plaintiffs' Requests 1-3, 6-13 and 22; and c. Plaintiffs'...

Excerpt: ...operty”) , but that after Plaintiff performed Defendants refused to pay. It seeks to collect the money owed. Defendant Kobus ultimately filed a cross-complaint as First Amended Cross-Complaint (“FACC”), against Plaintiff and its insurer. Kobus seeks compensation for damages resulting from Plaintiff/Cross-Defendant Allred failing to perform its full scope of work on the Project and performing substandard construction. As a result, he complai...

Excerpt: ...des that to the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court may impose the sanctions listed in the statute against anyone engaging in conduct that is a misuse of the discovery process. The conduct that is the basis of this motion is Plaintiff's counsel's failure to pay court ordered sanctions. On December 18, 2020, this Court entered an order granting Defendant's motio...

Excerpt: ...d it in the total amount of $17,200.27, which includes post-judgment interest. This matter is on calendar for Judgment Creditor's motion to compel each of the Defendants to respond to his post-judgment requests for production of documents (“RPODs”) and post-judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is accompanied by a proof of service establishing service on each of the Defendants and no opposition ha...

Excerpt: ...d for monetary sanctions. The Motion is accompanied by a proof of service establishing service on Defendant and no opposition has been filed. The unopposed Motion is GRANTED, except that as a pro per, Judgment Creditor may only recover the $ 90 in costs incurred as sanctions. A judgment creditor is entitled to serve written interrogatories to obtain information to aid in enforcement of a money judgment. Cal. Code Civ. Proc. (“CCP”) §§ 708.0...

Excerpt: ...trative record, and in the exercise of its independent judgment, the Petition is DENIED. The weight of evidence supports the DMV's September 10, 2020 decision to re- impose the one-year suspension of Petitioner's driving privileges. Additionally, Petitioner has not met her burden to show the DMV exceeded its constitutional or statutory authority; that DMV conducted the case in an “arbitrary or capricious” manner; or that DMV's decision was ba...

Excerpt: ...s warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendant HMA); 2) breach of implied warranty under the Act (against Defendant HMA); 3) fraudulent inducement-concealment (against Defendant HMA); and 4) negligent repair (against Defendant Manly) (the “Complaint”). This matter is on calendar for Defendants' motion to compel arbitration pursuant to the Federal Arbitration Act (“FAA”...

Excerpt: ...tiff's loan to DSW in the amount of $250,000. (Id. at ¶5.) On January 3, 2016, Plaintiff loaned DSW an additional $100,000. (Id. at ¶6.) On January 16, 2016, Plaintiff loaned DSW $70,000. (Ibid.) DSW executed additional promissory notes for the second and third loans. (Ibid.) On October 8, 2015, Defendant executed a Guaranty Agreement (“Guaranty”) pursuant to which he personally guaranteed the October 2015 note. On February 27, 2016, Plaint...

Excerpt: ...rious court filings is GRANTED. For the reasons described below, the demurrer is OVERRULED as to COAs #1-6, and SUSTAINED WITH LEAVE TO AMEND as to COA #7. First and Second Causes of Action (Professional Negligence and Breach of Fiduciary Duty) Plaintiff's first and second causes of action are pled as claims belonging to decedent Ubaldo Tambellini, defendants' former client, for alleged breaches during the period of time that defendants represent...

Excerpt: ...s' behalf (the “FAC”). The FAC alleges that Plaintiff entered into a retainer agreement in February 2016 with Defendant Frank that was a “general services contract by the month” and that notwithstanding the fact that Defendant Frank terminated her (as an individual and as director of each entity defendant) Defendant Frank refused to sign a substitution of attorney and Defendants opposed her motions to withdraw from each litigation (forcin...

Excerpt: ...[Respondent] will raise other objections to [Petitioner's] ‘Amended Petition.'” (Motion at p.5, fn.3.) Respondent confirms in his reply that the demurrer, motion to strike and motion for a preliminary injunction were “superseded and rendered moot by the amended motion seeking only a change of venue…” (Reply at 1:24.) Thus, Respondent requests that the Court “disregard [Respondent's] superceded (sic) and moot demurrer and motion to str...

Excerpt: ...ges, a complaint must set forth the elements as stated in the general punitive damage statute, Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63, citing College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) “Malice” is defined in...

Excerpt: ...ved at the credit amount of $834.66. A supplemental declaration now having been filed establishing the amounts paid and the remaining balance owed, the motion is GRANTED. Upon filing a memorandum of costs, the Court will sign the proposed order and judgment which includes costs in the amount of $293. If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for ...

Excerpt: ...hat a federally recognized tribe has sovereign immunity. The issue is whether SC, a separate company organized under the laws of this state, is also entitled to immunity because the conduct at issue in this case occurred on tribal land and while SC was performing services on behalf of the tribe. The sovereign immunity defense is reserved for the tribe and its entities. (Twenty-Nine Palms Enterprises Corp. v. Bardos (2012) 210 Cal.App.4th 1435, 14...

Excerpt: ...and writ of execution are VACATED. The demurrer attached to Defendant's declaration as his proposed response to the Complaint is deemed filed. There is good cause to expedite the hearing so the hearing on Defendant's demurrer is set for May 12, 2021 at 3:00 p.m. in Department 17, via zoom. Plaintiff's response to the demurrer shall be served and filed no later than May 5, 2021. Defendant's reply shall be served and filed no later than noon on Mon...

Excerpt: ...or the Project on the basis that the FEIR fails to comply with the California Environmental Quality Act (“CEQA”). Petitioners argue that the FEIR violates CEQA because Respondents approved a version of the Project which differed from that described and analyzed in the CEQA process; there is no “Accurate, stable, and finite” Project description; the FEIR failed to investigate and mitigate public safety impacts in the event of evacuation; t...

Excerpt: ...et forth the objectionable statement or material.”].) DeCarli's special motion to strike Frym's fourth cause of action for fraud and fifth cause of action for extortion is GRANTED. Although the notice of motion states that it is brought as to all five causes of action, the points and authorities only addresses the first three causes of action in passing. Those causes of action, for breach of contract and common counts, on their face, do not ari...