Excerpt: ...rte application for default interlocutory judgment for partition or for an order shortening time for the prove-up hearing and the Court granted an order shortening time for the prove-up hearing, scheduling it for November 22, 2017. The minutes of the November 22 prove-up hearing reflect that Maye's request for an interlocutory default judgment of partition was granted, and on November 28, 2017 an interlocutory default judgment of partition was en...

Excerpt: ...fically directed at the “[n]et proceeds claimed by defendant Lynda May Maye in the amount of $233,848.94, from the sale of real property located at 113 Douglas Fir Circle, Cloverdale CA 95425, in the control of Stephen Olson, Partition Referee, arising out of Maye v. Rangel, Sonoma County Superior Court Action No.: SCV-260596.” The original application, which sought an attachment “in the amount of $200,000 or according to proof” was denie...

Excerpt: ...on for battery (as to plaintiffs Latchmi Lala and Asha Prasad); 2) to the second cause of action for assault (as to plaintiffs Latchmi Lala and Asha Prasad); 3) to the third cause of action for intentional infliction of emotional distress; 4) to the sixth cause of action for negligence; 5) to the seventh cause of action for premises liability; and 6) to the entire complaint (as to Latchmi Lala and Asha Prasad). Lucas Wharf also moves to strike ce...

Excerpt: ...esult of Plaintiff's “mistake, inadvertence, surprise and excusable neglect” and SMART “was not and is not prejudiced by this failure.” SMART opposes the Petition and points out that in the Court's May 22, 2019 Order Sustaining SMART'S Demurrer, Without Leave to Amend, the Court entered judgment for SMART and dismissed the entire action as to SMART, with prejudice. Thus, SMART contends that the Petition is moot. Thereafter, SMART addresse...

Excerpt: ... violation of GC § 12940(h) (retaliation); 3) violation of GC § 12940(k) (failure to prevent harassment); 4) negligent infliction of emotional distress; 5) breach of the implied covenant of good faith and fair dealing; 6) constructive discharge; 7) violation of California Wage Orders and Labor Code- overtime; and 8) violation of California Wage Orders and Labor Code- meal and rest breaks. This matter is on calendar for the demurrer by Defendant...

Excerpt: ...security (CCP 391.1 and 391 .3(a)); in the amount of $25,000 for each unresolved lawsuit before any further action in those cases can go forward.” Based on part on that Ruling, the hearing on Defendants' demurrer in this action is CONTINUED to June 26, 2019 at 3:00 P.M. in Department 19. If Plaintiff has not posted the required bond by that date, the case will be dismissed. (See, Singh v. Lipworth (2005) 132 Cal.App.4th 40, 44 [“A vexatious l...

Excerpt: ...damages. In the form complaint, plaintiffs allege the following causes of action: (1) breach of contract; and (2) common counts. Defendant demurs to both causes of action. He argues plaintiffs have failed to state a cause of action and that the claims are uncertain because the form complaint is not correctly filled out. He also asserts that the promissory note and letter of intent, which are attached to the complaint, have been superseded by an a...

Excerpt: ...ffs to its first set of special interrogatories, form interrogatories, and requests for production, without objections, and for monetary sanctions. That motion was granted pursuant to an uncontested tentative ruling, and per order entered on May 2, 2019 (the “Order Compelling Discovery”) Plaintiffs were ordered to serve full and complete verified responses, without objections, to each of the sets of discovery by May 1, 2019. The request for s...

Excerpt: ... of business in Chattanooga, Tennessee. Defendants are in the business of providing animal processing services throughout North and South America and Chavez alleges they employed him as a sanitation worker in California. According to Vincit's website, it is a “single source provider” with a “network of eight member companies that delivers maximum efficiency through vertical integration.” QSI is listed as one of Vincit's eight member compa...

Excerpt: ...ert plaintiff's objections are waived and monetary sanctions should be ordered. Relying on Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, plaintiff contends that his objections need not be verified therefore he did not waive his right to object. In Food 4 Less, the court framed the issue, and reasoned as follows: What then is the appropriate procedure if a party tenders a hybrid response containing objections and fact...

Excerpt: ...real property that falls outside of the protections in the statue of frauds. Further, Defendants argue that the allegations fail to support any of the exceptions to the statute of frauds. Further, Defendants contend that that the fraud cause of action fails because the allegations fail to support an actionable promise, any harm, or any reasonable reliance. Defendants also argue that Plaintiff is engaged in sham pleading, noting that the original ...

Excerpt: ... need be no actual “fraud” or “mistake.” Marriage of Park (1980) 27 Cal.3d 337, 342. For example, the court in County of San Diego v Gorham (2010) 186 Cal.App.4th 1215, at 1229-1230, ruled that the trial court was required to use its equitable power to set aside a default judgment based on a false proof of service. Defendant provides evidence showing that she received no actual notice, despite the facially valid proof of service for the s...

Excerpt: ...iff is ordered to file and serve a supplemental declaration on or before Monday, September 30, 2019 informing the Court of the status of Defendants' compliance. Defendants are permitted, but not required, to file supplemental declarations on or before Wednesday, October 9, 2019. I. Procedural History Plaintiff filed the complaint in this action to enforce an administrative abatement order, to abate a public nuisance, and to enforce and permanentl...

Excerpt: ...t that Defendant's motion references an “Exhibit 1” but no exhibits were attached. Finally, the Court stated that all statutory deadlines for an opposition and reply will be applicable. Defendant served the motion by personal service on May 20, 2019 but has not filed any additional documents and has not filed a copy of the referenced Exhibit 1. Plaintiff filed an opposition on June 6, 2019. In her motion, Defendant requests that the Court vac...

Excerpt: ...ppeared at the trial in this debt collection action and the court dismissed the case with prejudice for lack of prosecution. Plaintiff now moves for discretionary relief vacating the dismissal on the ground of excusable mistake based on the court's purported “administrative error.” According to plaintiff's counsel Jason Tang's declaration, counsel never received notice of the trial date from the court. Plaintiff's counsel states he only disco...

Excerpt: ...ents were shipped and delivered but Defendants have not paid as agreed. Default was entered against both Defendants on October 29, 2018, but no default judgment has been entered yet. This matter is on calendar for the motions by Defendants: 1) to set aside the defaults pursuant to Cal. Code Civ. Proc. (“CCP”) § 473(b) on the basis of attorney fault; and 2) to compel arbitration and stay pursuant to CCP § 1281 et seq. or, in the alternative,...

Excerpt: ...property on August 25, 2016; a Notice of <00140019001e0003004400 00550052005300480055[ty was sold at a trustee's sale on February 24, 2017. <004f0044005a0049005800 00480055000300440046[tion against Plaintiff on March 16, 2017 and that case was resolved in a stipulated judgment and Plaintiff vacated the property. Plaintiff filed the underlying action against Oxbow and Defendants on March 24, 2017 but Oxbow has since been dismissed. The First Amend...

Excerpt: ... stricken and the amount set forth in the Complaint, $5,935.41, put in its place. With costs in the amount of $297.00, default judgment was therefore entered in the amount of $6,232.41. This matter is now on calendar for an “order correcting the record nunc pro tunc” pursuant to Cal. Code Civ. Proc. (“CCP”) § 473(d) on the grounds that “the record on which the judgment is based includes a clerical error.” The Motion is DENIED. The ba...

Excerpt: ...gue that it was part of one larger agreement which includes other documents which include the arbitration provision on which Defendants now rely. Defendants' papers include several different agreements. These include the JV Agreement which Petitioner includes with its complaint as well as a T1 Club Corporate Member Agreement (Club Agreement), both included together in Defendants' papers as Attachment 1. They also include the covenants not to sue/...

Excerpt: ...d real property claim and opposing the motion with arguments consistent therewith, had merely failed to provide any evidence supporting his claims. Plaintiff has remedied that defect in this motion. Code of Civil Procedure section 405.8, in the title governing lis pendens, expressly allows a party also to obtain an injunction, attachment or other relief. It states “[n]othing in this title precludes any party from seeking an attachment, injuncti...

Excerpt: ...of Civil Procedure section 430.10 and on the grounds the complaint does not state facts sufficient to constitute the respective causes of action. Specifically, Defendants contend that the disputed causes of action are “duplicative and superfluous” and the demurrer is necessary “in order to avoid having to conduct discovery on duplicative and superfluous cause of action.” Plaintiffs oppose the demurrer and contend that the complaint allege...

Excerpt: ...because the FACC is uncertain, vague and ambiguous. Additionally, Plaintiff moves to strike Defendant's prayer for punitive damages and attorneys' fees and contends that the FACC fails to state sufficient facts to justify these damages. Plaintiff also moves to strike various allegations in the FACC based largely on evidentiary objections. Plaintiff's demurrer to Defendant's First Amended Cross-Complaint (“FACC”) is SUSTAINED, in part, with le...

Excerpt: ...ment. Ravina objects on the ground that the release in the settlement agreement is overly broad because it releases civil and statutory penalties “that have been or could have been asserted by Plaintiff, Plaintiff's Counsel or any Class Member arising out of or relating to the Action.” Per Ravina, plaintiff in this action must have at least alleged claims supporting civil and statutory penalties if she is going to include a release of them as...

Excerpt: ...es not dispute this but simply argues Form Interrogatory 15.1 is “premature” because the parties are in the “midst” of discovery. She further asserts her responses are substantive since they relate to plaintiffs' core claims regarding habitability of the rental home. Plaintiffs have a right to conduct discovery to investigate the defenses asserted in response to the Complaint and to prepare their case for trial. (Emerson Electric Co. v. S...

Excerpt: ... the expectation and mutual understanding with Plaintiff that Plaintiff would retain and substitute new counsel, and Plaintiff's counsel thereafter failed to calendar and track the action. Plaintiff did not obtain new counsel and counsel lost touch with Plaintiff. Plaintiff and counsel have re-established contact and Plaintiff's counsel has agreed to seek relief from the dismissal and proceed with the case. The Motion is GRANTED. CCP § 473(b) pr...