Excerpt: ... is on calendar for the demurrer by SMART to the entire FAP and to each cause of action therein on the grounds that it does not state facts sufficient to constitute a cause of action (Cal. Code Civ. Prov. (“CCP”) § 430.10(e)) and that it is uncertain (CCP § 430.10(f)). SMART also demurs to the sixth, ninth, and tenth causes of action on the ground that the Court lacks subject matter jurisdiction (CCP §430.10(a)). The Demurrers to the sixth...

Excerpt: ...s GRANTED under CCP § 473(b). The Court's ruling made on May 13, 2020 granting Plaintiff's Motion to Lift Stay of Proceedings filed on November 27, 2019, as reflected in the Order After Hearing entered on June 23, 2020, is hereby VACATED. The hearing on Plaintiff's Motion to Lift Stay of Proceedings is CONTINUED to October 21, 2020 at 3:00 p.m. in Department 17. No further briefs may be filed. The tentative ruling which was posted on February 20...

Excerpt: ...that considerable time and expense was invested in the property; and that the property has always been accessed via a private road on the Bordessa property, predecessor to LRR. The complaint further alleges that, inter alia, the road access was used as a matter of right; the septic system for the cabin was used as a matter of right; and that well water was obtained from the Bordessas for a nominal charge as a matter of right. LRR cross-complained...

Excerpt: ...that “there are no facts as statements of misrepresentation,” the allegations do not state who made the misrepresentation but claims that the contract itself is a fraud and “[t]his fails because its there [sic] was going to be no intention of the terms, the landlords would not have returned any funds form [sic] the deposits, as the plaintiffs admit did occur,” no facts show that Defendants “did not intend the terms they agreed to [sic],...

Excerpt: ...ion (CCP § 430.10(e)) and that it is uncertain (CCP § 430.10(f)). The Demurrers are OVERRULED. I. The FAC The FAC alleges that a parcel of real property in Kenwood was subdivided in 1990 into four parcels and that parcels 2-4 became subject to the Via Bella Vista Declaration of Covenants, Conditions and Restrictions (“VBV CC&Rs,” Pet. Ex. A). Plaintiffs Boschetto and Dinner are the owners of parcels 4 and 3, respectively, and Defendants are...

Excerpt: ...T&T Telecommunications Company (“AT&T”), and Pacific Bell Telephone Company (“PacBell”) negligently controlled, maintained, or caused the condition. City moves for summary judgment, or summary adjudication, to the only identified cause of action, for “Negligence/Dangerous Condition of Public Property.” It argues that Plaintiff cannot state a cause of action for negligence, the Property was not in a dangerous condition because it did n...

Excerpt: ...f to provide the proposed answers for review and approval prior to the deposition. Plaintiff moves the Court to compel Defendant John Casey (“John”) to attend deposition under certain conditions or, as Plaintiff says in the moving papers, “to establish some reasonable and humane manner to take a sworn statement from [him] before he dies.” In general, under the Discovery Act a party has the automatic right to depose all other parties. See,...

Excerpt: ...rrer and demurrer for uncertainty by Travelers to the second cause of action for negligence (Cal. Code Civ. Proc. (“CCP”)) §§ 430.10(e), (f)) and the motion by Travelers to strike the punitive damages allegations from the FAC (CCP § 435). The Demurrer is OVERRULED and the Motion to Strike is GRANTED with leave to amend. The Court is within its discretion to decline to consider the reply briefs inexplicably filed two days after the deadline...

Excerpt: ...resort to sources of reasonably indisputable accuracy.” (Evid. Code §452(h).) Here, the parties' respective ownership interest in the manufactured home is disputed and is not capable of “immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Thus, judicial notice is not proper. (See, Herrera v. Deutsche Bank Nat'l Tr. Co., 196 Cal.App.4th 1366, 1374 [trial court could not take judicial notice of dis...

Excerpt: ... other managing member and owner of CQ, has breached his loyalty and business obligations to Plaintiffs as set forth in CQ's Operating Agreement (“the Agreement”). Clay and Quiles are allegedly founders and, currently, the only owners and co- managers of CQ, which has its principle place of business in Cotati and allegedly owns a patent on a folding doorstop called “The Pocket Stop” (“the Doorstop”). Allegedly, Clay is a 53.3% member ...

Excerpt: ...r Judgment on the Pleadings filed on November 25, 2019, and Motion for Summary Judgment filed on September 20, 2019. Plaintiffs also seek an award of attorney fees for bringing the instant motions. The motion for sanctions brought as a result of defendants' Motion for Summary Judgment is DENIED. The motion for sanctions brought as a result of Defendants' Motion for Judgment on the Pleadings is GRANTED. By presenting to the court, whether by signi...

Excerpt: ...gatories, and Form Interrogatories (Sets One); after an extension, Defendants provided largely identical responses on October 15, 2019; Plaintiffs found these deficient and Defendants provided supplemental responses on December 9, 2019; Plaintiffs found these still to be deficient and raised the issue with Defendants, warning of a motion to compel which Plaintiffs brought and which was heard on May 29, 2020; the Court granted the motion as to com...

Excerpt: ...nt, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants. (Tech-Bilt, Inc. v. Woodward-Clyde &...

Excerpt: ...ith Code of Civil Procedure section 340.1. The order with details supporting this order will be filed under seal. The order containing the ultimate rulings will not be under seal and will provide reference to the full order under seal. Plaintiff complains that in 1978 when he was a minor, he was sexually molested by Father Gary Timmons (Timmons), a priest of Defendant Doe 1, running youth activities at a summer camp of Defendant Doe 2. Plaintiff ...

Excerpt: ...and CSAA's motion to quash or obtain a protective order regarding the subpoena, which were both heard on March 4, 2020. The Court finds that Plaintiffs' position as reflected in the present motions is generally consistent with the Court's intentions in issuing the March Order, as set forth below, and as such Plaintiffs' Motion is GRANTED and CSAA's Motion is DENIED, as further clarified below. I. Procedural History The operative Third Amended Com...

Excerpt: ...f President Miramontez and Vice President Carr, an investigation into the SRACGSL financials was launched. Defendants allegedly discovered questionable expenses and incorrect accounting, in addition to discovering multiple checks for significant sums written to the President and Vice President, by the President and Vice President/Treasurer with no indication why such checks had been drawn, which is a departure from all other checks as well as aga...

Excerpt: ...ler”) with a Request for Production of Documents, Set 3 on March 5, 2020; Muller responded on March 16, 2020; Plaintiffs found the responses deficient and attempted to resolve the matter informally by e-mail on April 9, 2020; Muller responded by reiterating objections and the parties did not resolve the dispute. Fladseth Dec. Plaintiffs move the Court to compel Muller to provide a further response to Request No. 59 in the set. Muller opposes th...

Excerpt: ...jury, often equated with an “inadequate legal remedy.” Code of Civil Procedure section 526(a)(2); Korean Philadelphia Presbyterian Church v. California Presbytery (2000) 77 Cal.App.4th 1069, 1084. The requirement that the injury be “imminent” simply means that the party to be enjoined is, or realistically is likely to, engage in the prohibited action. Korean Philadelphia Presbyterian Church, supra. The irreparable injury will exist if the...

Excerpt: ...s Motion for Summary Judgment pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c on the basis that there are no triable issues of material fact and it is entitled to judgment as a matter of law because the causes of action lack merit. In the alternative, Defendant seeks summary adjudication on a number of specified issues. The Motion is GRANTED on the basis that breach cannot be established (Issue Nos. 1 and 2). Summary adjudication on the seco...

Excerpt: ...ants James Mackenzie, Michael Hines, and Paul Harper (collectively “Defendants” or “individual Defendants”) demurrer to the second cause of action for fraud/misrepresentation; seventh cause of action for intentional infliction of emotional distress (IIED); eighth cause of action for conspiracy; ninth cause of action for invasion of privacy; and tenth cause of action for defamation on the grounds Plaintiff fails to allege sufficient facts ...

Excerpt: ...r to Plaintiff's first cause of action for Violation of Labor Code section 226 is SUSTAINED, with leave to amend, for failure to state facts sufficient to constitute a cause of action. Code Civ. Proc., § 430.10(e). Defendant's request for judicial notice is granted. Rafael Escobar, individually and on behalf of all others similarly situated filed a class action complaint against defendant Huneeus Vintners, LLC, for (1) Violation of Labor Code se...

Excerpt: ...ED. I. The Complaint The Complaint alleges that on September 5, 2018, Plaintiff was administered lidocaine by Defendant's agents (“student doctors”), despite Plaintiff advising them not do so because of a prior adverse reaction, and that Plaintiff in fact suffered an adverse reaction. It further alleges that for “months” after the incident Defendants represented to Plaintiff that he was required to arbitrate his claims and that as a resul...

Excerpt: ...epartment, violated her civil rights by disregarding her complaint about being attacked, falsely claiming that Plaintiff was the aggressor and seeking to file baseless charges against her, and threatening her, all based on various improper motives including racial or other discrimination. Defendants include the chief of police Kevin Burke (“Burke”) and four police officers (“the Officers”), Teygan Mason (“Mason”), Darryl Erkel (“Erk...

Excerpt: ...y relief; 2) injunctive relief; 3) an accounting; and 4) general negligence (the “Complaint”). On January 14, 2020, this Court issued an order granting Plaintiffs' request for a Temporary Restraining Order (“TRO”) and Order to Show Cause (“OSC”) why a preliminary injunction should not issue to enjoin Defendants from selling the property commonly known as 5386 Blue Ridge Trail, Santa Rosa, California (the “Property”) pending a fina...

Excerpt: ...on defendant First Tech Federal Credit Union's cross-complaint for fraud and finding that for the purposes of CCP § 1032(a)(4) that Ms. Hogan is the prevailing party on the cross-complaint. As relevant here, Ms. Hogan and her husband Ronald Hogan brought a complaint against First Tech Federal Credit Union (“First Tech”), a lender on a Home Equity Line of Credit (“HELOC”). The court sustained demurrers to a number of the causes of action ...