Excerpt: ...ota Excavator, model U55-4R31, serial number 27165 (the “Equipment”). This matter is on calendar for Plaintiff's Application for Writ of Possession after hearing pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 512.010 et seq. directed at Defendant Hansen. The file contains proofs of service by personal service on both Defendants, which show service of the Complaint and the moving papers, and no opposition has been filed. The Application is ...

Excerpt: ... Wednesday, March 24, 2021, at 3:00 p.m. in Courtroom 16 because there is no proof of service or other indication of proper notice, as explained herein. The Action Plaintiff alleges that it loaned Vintage Oaks on the Town Green, LLC (“Borrower”) a loan amounting to $29,804,871.59 (“the Loan”) by a written agreement and promissory note (“the Note”); Defendants Dan S. Palmer, Jr. (“Palmer”) and Jeanette Ann Bisno (“Bisno”) (coll...

Excerpt: ...PP”); and (4) Defendant's motion to strike Plaintiff's PAGA claims. 1. Motion to Compel PMQ Testimony Plaintiff's motion to compel Signature to designate the Person(s) Most Knowledgeable to testify regarding the topics referenced below is DENIED. In this motion, Plaintiff moves to compel Signature to designate a Person Most Qualified (“PMQ”) witness(es) to testify regarding a number of topics relating to Signature's corporate history of hea...

Excerpt: ...together the “Franchisor Defendants”) and defendants Prestige Foods Inc., Gurjit Singh aka Gary Singh, Jasvinder Kaur, Grizzlyz, Inc., and Arashjot Pawar (together the “Prestige Defendants” and altogether with the Franchisor Defendants, “Defendants”). The FAC contains causes of action for: 1) failure to pay minimum wages; 2) failure to pay overtime wages; 3) failure to provide meal and rest breaks; 4) failure to pay split shift premiu...

Excerpt: ...; and 8) declaratory relief (the “FAC”). This matter is on calendar for Plaintiffs' motion pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 1985.8, 1987 and 2025.480, directed at a non-party Marc Durand. The caption states that Plaintiffs seek an “order directing compliance with deposition subpoena requiring production of documents; request for order awarding monetary sanctions including for non-production and intentional spoliation of doc...

Excerpt: ...t”) (the “FAC”). The FAC is a judicial council form complaint (PLD-PI-001) which refers to personal injuries, property damage, and conversion, attaches two blank cause of action sheets entitled General Negligence (PLD-PI-002) and Intentional Tort (PLD-PI-003), and attaches a declaration by Plaintiff Tony Sampson (“Plaintiff”). Plaintiff's declaration attached to the FAC contends that on May 1, 2018 he occupied a structure used as his do...

Excerpt: ...hbritt and two other entities, but dismissed his cross-complaint. This matter is on calendar for Plaintiffs' unopposed motion for final approval of the class action settlement and motion for an award of attorneys' fees and costs, and award of an enhancement payment to Plaintiffs. The Motions are GRANTED. I. The Complaint The SAC alleges that Defendants misclassified Plaintiffs—current and former laborers, equipment operators, or other construct...

Excerpt: ....10(e) on the grounds the FAC fails to state facts sufficient to demonstrate a constitutional violation and that it fails to state facts sufficient to constitute a valid cause of action for public waste. The Demurrer is SUSTAINED WITHOUT leave to amend. I. The Complaint The FAC is a taxpayer lawsuit which seeks to enjoin Defendants from enforcing CCP § 425.16(i) and CCP § 904.1(a)(13), which provide that an order granting or denying a special m...

Excerpt: ...q., also known as the “Right to Repair Act,” apply in this case, which was not “original construction intended to be sold as an individual dwelling unit.” (Civ. Code §896, emphasis added.) Additionally, Uponor has not cited sufficient authority to show that, even if the Right to Repair Act applies, Uponor, as a product manufacturer, would have a right to stay or dismiss the action, or quash service of summons for lack of personal jurisdi...

Excerpt: ...se by residing on the Property when the Lease states that the Property was leased to Defendant “for the purpose of operating an abalone farm and fishery, and for related and incidental commercial and office operations.” The Motion Defendant moves the Court for summary judgment, claiming that he has not breached the Lease because he has continually operated the abalone farm as required and Plaintiff has waived the right to bring this action by...

Excerpt: ...demurrer. (Cal. Rules of Court, rule 3.1320(c).) Here, Respondent filed a Notice of Demurrer and a “Demurrer” which appears to in fact be a memorandum of points and authorities. However, Respondent has not filed a separate document that clearly identifies the specific claims challenged and the grounds for the challenge. Accordingly, the demurrer is technically defective. Notwithstanding this technical defect, the Court has considered the meri...

Excerpt: ...se report. The Complaint includes causes of action for: 1) defamation; 2) fraud; 3) negligence; 4) intentional infliction of emotional distress; and 5) tortious interference with economic interest. This matter is on calendar for Defendant's demurrer to the Complaint on the grounds that it fails to state a cause of action because: “1. There is no subject matter jurisdiction for the claims made in the Complaint, the matter being entirely subject ...

Excerpt: ... as Deutsche Bank National Trust Company (“Deutsche Bank,” together with Ocwen “Defendants”) to the Second Amended Complaint (“SAC”) filed by plaintiffs James J. Oswald and Carole De Angelo Oswald (together “Plaintiffs”). The Demurrer is SUSTAINED WITHOUT leave to amend. I. Procedural History Plaintiffs filed the initial complaint in this action on August 15, 2019, which brought several causes of action based upon allegedly uncons...

Excerpt: ...lass Representative's Enhancement. The parties shall send the proposed class notice in accordance with the procedures and timelines set forth in the moving papers. The Action Plaintiff, alleging that he has been a non-exempt employee of Defendant since 2013, complains that it has been violating Labor Code section 226(a) by consistently providing incorrect wage statements which improperly reduce the employees' overtime pay in violation of state la...

Excerpt: ...tion to maintain the exterior walls and pipes of the structure. She adds that the problems prevent her from repairing her Unit or being able to sell it as she now desires to do. The Motion Plaintiff seeks a preliminary injunction ordering Defendant to repair the alleged leak in her Unit by November 1, 2020, in preparation for anticipated wet winter weather. Defendant opposes the motion, arguing that it “was under the impression that the leak co...

Excerpt: ...showing that one or more elements of each of these causes of action cannot be established or there is a complete defense to that cause of action. (Code Civ. Proc., § 437c(o)-(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 845.) Further, when the Court liberally construes Terry' evidence and resolves all doubts in her favor, Terry has presented sufficient evidence to show there are disputed questions of material fact on a number ...

Excerpt: ...fendants filed a cross-complaint against “Roe” Defendants for indemnity, contribution, and declaratory relief, claiming that the Roes are responsible for Plaintiff's injuries. Related Action: SCV-263228 In a related separate action filed earlier (“the First Action”), Defendant Amy Smith (“Amy”) filed a complaint against Carl Joseph Bowers (“Carl”), regarding the same accident and claiming that Carl, father of Plaintiff Seth and dr...

Excerpt: ...Mays Canyon Road, Guerneville (the “Property”). In addition to Doe defendants, the Complaint also identifies as parties UnionBanCal Mortgage Corporation and MUFG Union Bank, N.A., formerly known as Union Bank of California, N.A.; the Complaint alleges that the Property is collateral for a line of credit extended by these defendants and requests that the indebtedness to them be deducted from Defendant's proceeds of the partition sale. Compl. �...

Excerpt: ... written agreement and promissory note (“the Note”); Defendants Dan S. Palmer, Jr. (“Palmer”) and Jeanette Ann Bisno (“Bisno”) (collectively, “Defendants” or “Guarantors”) each executed a Guaranty Agreement (“the Guaranty”) guaranteeing to pay Borrower's obligations and they did so in order to induce Plaintiff to make the Loan. Plaintiff complains that after Borrower defaulted on the Loan by failing to pay the amounts owed...

Excerpt: ...ring, the matter was continued to September 23, 2020. Thereafter, the matter was continued by stipulation first to October 28, 2020, and then to January 13, 2021. The hearing was continued, in part, to address the current motions to compel depositions. On September 10, 2020, Respondent's agent personally served subpoenas to appear for deposition on petitioner Jane Doe, Rosaura Ortiz Garcia, and Luis Abarca setting the depositions for September 21...

Excerpt: ...rical system defects. This matter is on calendar for Plaintiff's motion to compel further responses from Defendant to her first set of requests for production of documents pursuant to Cal. Code Civ. Proc. (“CCP”) § 2031.310. The Motion is GRANTED in part and DENIED in part as set forth below. This matter was referred to the discovery facilitator program and assigned to discovery facilitator Sarah Baxter Kaplan. Ms. Kaplan filed a report on D...

Excerpt: ...mental expert designation timely or, in the alternative, augment their expert witness list (the “Expert List Motion”); and 2) Defendants' motion pursuant to CCP §§ 2034.410 and 2025.450 to compel the depositions of Plaintiff's experts (the “Expert Deposition Motion”). As to the latter, Plaintiff's Opposition and Defendants' Reply both refer to a motion to compel the depositions of Plaintiff's experts having been filed and served on Nove...

Excerpt: ...s admonition to do so. The Motion Plaintiff now moves the Court to seal records of “an ex parte hearing requesting a restitution order for payment on behalf of the victims compensation benefit which was awarded by the California government claims board victims compensation office.” She relies on California Rules of Court, rules “2.550 et seq.” but offers no other explanation, discussion, information, or evidence of any kind in her motion,...

Excerpt: ...rk's office was closed due to the COVID-related pandemic from March 16, 2020 through April 14, 2020. On April 15, 2020, Defendant's default and a default judgment in the amount of $8,872.23 (the “Judgment”) were entered. The court's docket reflects that Defendant attempted to file an answer on April 23, 2020 but that it was rejected due to the prior entry of the default. On October 13, 2020 Defendant filed the present motion to set aside the ...

Excerpt: ... Defendant's demurrer was not filed until September 23, 2020, i.e., over nine months after service. Furthermore, the demurrer fails on its merits because the complaint alleges sufficient facts to state all causes of action. This case arises from a loan and promissory note whereby Plaintiff agreed to lend $20,000 to Advance Auto Finance, LLC (“AAF”) in return for 10% per annum interest payment over 36 months. (Complaint at p.3 and Ex. A.) The ...