Excerpt: ...ers around plaintiffs' homeowners' insurance policy for their home that was destroyed in the 2017 wildfires. Plaintiffs contend that defendant FIE underinsured their home. The insurance contract/policy was reformed after the home was destroyed. Plaintiffs contend the reformation was inadequate and a further reformation should be ordered. The current complaint alleges two causes of action: Insurance Broker Negligence and Reformation of contract/po...

Excerpt: ...r into the determination of this motion to compel. Defendants argue that a factual response to No. 4.1 is not required as the "action will not be tendered to any carrier by defendants" and that "defendants are essentially handling their own defense of the case as if they are self- insured." Defendants further state that they are financially able to pay the judgment. Based upon this, Defendants argue that information about insurance is "beyond irr...

Excerpt: ...January 15, 2020. The Motion is GRANTED. I. Procedural History Plaintiffs Asha Prasad, Kevin Lala, and Latchmi Lala (altogether “Plaintiffs”) filed a complaint against defendants Lucas Wharf, Inc. and Toby Skinner for negligence, battery, and premises liability. On August 9, 2019, Lucas Wharf filed a cross-complaint against Plaintiffs as well as Life is Amazing, LLC, alleged to be an alter ego of Plaintiffs, for negligence and “intentional ...

Excerpt: ...ntiff and the Aggrieved Employees to take their meal periods and rest periods in violation of California Law. Defendants also failed to pay Plaintiff and the Aggrieved Employees all earned and unused and accrued vacation time at their final rate of pay at the time of their termination.” (Complaint at ¶13.) Plaintiff also alleges that “[t]hroughout the time period involved in this case, Defendants have implemented policies and practices which...

Excerpt: ...e a cause of action, is SUSTAINED with leave to amend for the reasons explained below. The demurrer to the cross-complaint for uncertainty is OVERRULED for the reasons explained below. Request for Judicial Notice Plaintiff/Cross-Defendants seek judicial notice of the complaint in this action (Ex. 1), a Google Maps aerial photograph form the public domain (Ex. 2), notices and orders and other documents purportedly sent to Defendants/Cross-Complain...

Excerpt: ...erty. (Id. at ¶11.) However, on June 25, 2016, McChesney told Plaintiffs they should contact Janice Cader-Thompson (“Defendant”) because Defendant was McChesney's “advisor.” (Id. at 12.) Plaintiffs spoke with Defendant who explained that she was concerned about certain terms in the sale agreement and she would set up a meeting with McChesney to “try to renegotiate [a] reverse mortgage with the mortgage company…before escrow was close...

Excerpt: ...ions 2030.300, 2031.310. The moving party must make adequate attempts to meet and confer. Ibid. Generally, once a timely, proper motion to compel further responses has been made, the responding party has the burden to justify objections or incomplete answers. Coy v. Superior Court (1962) 58 Cal.2d 210, 220- 221. A party moving to compel further responses to a production request, however, must demonstrate “good cause" for seeking the items. Code...

Excerpt: ...ative ruling granting Defendants' anti-SLAPP motion, and denying Plaintiff's request for a continuance, was posted and that no appearances were made such that it was adopted without objection. A written order after hearing conforming to the tentative ruling was entered on October 22, 2019. Plaintiff filed an appeal of the order granting the anti-SLAPP motion, but subsequently filed an abandonment of appeal. This matter is now on calendar for the ...

Excerpt: ...smissed his cross-complaint. This matter is on calendar for Plaintiffs' unopposed motion for conditional certification of the class and preliminary approval of the class action settlement (the “Motion”). The parties are REQUIRED TO APPEAR to address why payments to the members of the class are being made on a strictly pro rata basis based on weeks worked regardless of their positions and rate of pay, even though members of the class were empl...

Excerpt: ...their complaint, Plaintiffs assert causes of action against Owner, Dede, and Sterling for negligent breach of the implied covenant of habitability (First COA); intentional breach of the implied covenant of habitability (Second COA); nuisance (Third COA); breach of the covenant of quiet use and enjoyment (Fourth COA); negligent violation of statutory duties (Fifth COA); intentional violation of statutory duties (Sixth COA); breach of the implied c...

Excerpt: ...ed that he founded SBI but it is presently owned in equal shares by Ron and each of the Individual Defendants, and the FAC sought, among other things, involuntary dissolution of SBI. SBI invoked California Corporations Code (“CC”) § 2000 and an appraisal was ordered per orders entered on December 20, 2016 and January 25, 2017. An appraisal was conducted, and on December 19, 2018 the Court issued an order confirming the appraisal award. This ...

Excerpt: ... exist; and (2) if such agreements are found to exist, the court will GRANT the motions and compel arbitration. The Court also finds it is appropriate to order limited mutual discovery on the issue of the execution of the arbitration agreements in anticipation of the evidentiary hearing. This matter is stayed in all other regards and calendared on the Case Management Calendar on September 22, 2020 at 3:00 p.m. for setting of the evidentiary heari...

Excerpt: ... set forth below. Cross-Defendant Loanvest VII, L.P.'s Motion to Expunge Lis Lindens and Request for Attorney Fees GRANTED as set forth below. Motion to Set Aside Default Code of Civil Procedure section 473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed six months from the date the order was entered. Code of Civil Procedure section 473(b). Code of ...

Excerpt: ...s “court records” pursuant to Evidence Code section 452(d) is denied. Defendants fail to provide a basis for finding that the transcripts fall under the category of court records. And, even if the Court were to take judicial notice of reporter's transcripts, it would not be of the truth of “facts” therein so the relevance of the transcripts is then questionable. (See e.g., Ross v. Creel Printing & Publishing Co. (2002) 100 Cal.App.4th 736...

Excerpt: ...damages. The Court grants this request. Defendant moves the Court to quash services of the summons and complaint or, alternatively, to set aside the default and judgment. Relying on Code of Civil Procedure section 473(d), it argues that service is void because service failed to comply with the requirements. It also argues that the Court should set aside the default and judgment based on Code of Civil Procedure section 473(b) since it allowed the ...

Excerpt: ...nto a binding arbitration provision covering this dispute and Plaintiff's claims. The Court granted the motion after the May 29, 2019 hearing. Plaintiff contends that after the order for arbitration, the parties stipulated to the selection of retired Judge Scott Snowden (“Snowden”) with JAMS as arbitrator but that Defendants have now withdrawn that consent unilaterally and wish to obtain a different arbitrator. Facts and History of the Arbitr...

Excerpt: ...m bifurcated and tried first before the Court pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 598 and 1048. Plaintiffs' brief contains a lengthy discussion of the merits of their claim, which is outside the scope of the Court's inquiry on this Motion. However, Plaintiffs also oppose the Motion on the basis that the Motion is untimely because it was set for hearing fewer than 30 days before the then-scheduled trial date, as well as on the basis ...

Excerpt: ...ppearing on the face of the complaint, exhibits thereto, and judicially noticeable matters. Code of Civil Procedure section 430.30; Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The grounds for a demurrer are set forth in Code of Civil Procedure section 430.10. One of the grounds, in subdivision (e), is the general demurrer that the pleading fails to state facts sufficient to constitute a cause of action. Demurrer for failure to state facts sufficie...

Excerpt: ...ays due to discovery disputes, they were set for May 20, 2020. However, due to a scheduling conflict with Petitioner's attorney, the parties in march 2020 stipulated to a continuance to June 24, 2020. As a result of the stipulation, however, the court order setting the new hearing date required the reply papers to be filed by May 8, 2020. The reply papers on these matters were filed on June 17, 2020. The moving parties claim that this lateness wa...

Excerpt: ...at the time she was evacuated. [Decedent] was taken by City bus to Finley Center in Santa Rosa and, from there, she was at some point moved by Defendants to another facility in Alameda County, with which she was not familiar. Due to the anxiety and stress of Defendants' acts and omissions alleged herein, and the failure of Defendants to provide [Decedent] with the care for which she contracted with Defendants following the fire, [Decedent] passed...

Excerpt: ...g prior to April 15, 2020, until April 15, 2020. Plaintiffs accordingly were allowed up to April 15, 2020 to file their opposition. They filed the opposition on that date, making it timely. Defendant Ridgely Oliver Muller, M.D. (“Muller”) moves for summary judgment or, alternatively, summary adjudication against Plaintiffs' complaint. Preliminarily, he calls this a motion for summary judgment or adjudication but it is in effect simply a motio...

Excerpt: ...h Defendants, Safeco approved an initial $1.7 million policy payout to Plaintiffs. The approval was sent via email on November 29, 2017 and the next day, November 30, 2017, Safeco issued and sent the check directly to Plaintiffs. However, also on November 30, 2017, Jim Aljian signed a Public Insurance Adjuster Contract with Defendants. In relevant part, the contract states that Plaintiffs retain Defendants “to advise and assist in the measureme...

Excerpt: ...ed a verdict in favor of Badger finding that his sister, defendant Jean Terribilini, had committed a nuisance. Plaintiff moves for reimbursement of attorney fees and costs he incurred in proving that he has an implied easement and an irrevocable license to continue drawing water from a source on his sister's parcel to supply his own, adjoining property. Specifically, he argues that Terribilini should have admitted Requests for Admissions (“RFAs...

Excerpt: ... defendant file an ex parte application to exceed the page limit. This application was opposed. The Court, Judge Wick, denied defendant's application. Rather than file a corrected points and authorities, defendant filed another ex parte application to exceed the page limit on April 15, 2020, which was processed and entered into the court's system on April 30, 2020. The application was again opposed. In light of the pandemic related court closure,...

Excerpt: ...e of Civil Procedure section 473(d) and on the grounds that the default judgment is “void” because the summons and complaint were never properly served. Plaintiff has not opposed the motion. Defendant's motion to set aside the default judgment is GRANTED. Defendant has thirty (30) days from service of the Court's final ruling to file and serve her motion to quash. The Code states in part that “[t]he court may…on motion of either party aft...