Excerpt: ...ent for more than three minutes on an agenda item at the October 3, 2017 public meeting of the Board. Luke seeks declaratory relief. Petitioner's Motions to Compel Further Discovery Responses Petitioner moves to compel further responses to Request for Production of Documents, requests 1 through 15 and Special Interrogatories 1 through 44 [1] . The Board responded to the discovery by objecting on various grounds, including that the discovery sough...

Excerpt: ... Defendant's facts. Defendant fails to meet its burden on the first issue, the argument that Plaintiff has demonstrated unclean hands. Any party may move for summary judgment or adjudication. Code of Civil Procedure section 437c(a), (f). A defendant is entitled to summary judgment if demonstrating “that the action has no merit.” Code of Civil Procedure section 437c(a). For summary adjudication, the party may seek adjudication of one or more c...

Excerpt: ...aintiff has failed to demonstrate any probability of success on the merits. Plaintiff argues that Defendants may not foreclose on the her real property at 1252 Poplar St., Santa Rosa (“the Property”) while her complete loan modification application is pending, Defendants failed to provide a single point of contact; the loan (“HELOC”) qualifies as a “first lien mortgage or deed of trust” to which Civil Code sections 2923.6 and 2923.7 a...

Excerpt: ...lifornia Rules of Court, rule 3.920, 3.921. The order must set forth the exceptional circumstances justifying the appointment; the scope of the reference; the referee's name, etc.; the referee's powers and report requirements; and objection requirements; the fees; and a specific finding regarding the parties' ability to pay. Code of Civil Procedure section 639(d); California Rules of Court, rule 3.920(c), 3.922. Such orders are, however, generall...

Excerpt: ... conversion range from August 15, 1994, through May 13, 2011. The statute of limitations on the latest transaction, which occurred on May 13, 2011, expired on May 13, 2014. (Code Civ. Proc., § 338.) The complaint was not filed until June 12, 2019. Therefore, the causes of action are barred by the statute of limitations. Plaintiff argues that paragraphs 8 through 10 and 15 of the complaint allege concealment of the material facts and infer a lack...

Excerpt: ...e court cannot tell if the further responses are adequate. Form Interrogatories Form Interrogatory Number 15 is a basic form interrogatory. It is not overly broad, unduly burdensome, or oppressive. Defendant did not provide the information requested by Form Interrogatory 17.1. A response stating “inability to respond” is legally insufficient. If the responding party lacks personal knowledge sufficient to respond, he or she may so state, but o...

Excerpt: ...ilure to participate in the meet and confer process. Timeliness Defendant argues that plaintiff's motion is untimely as CCP section 2025.480 requires a motion to be filed within 60 days after the completion of the record of the deposition. Defendant argues that the date it served its objections is equivalent to the record of deposition. Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, provides that “under the plain meaning rule, the A...

Excerpt: ...al.4th 26, 38; Fox v. JAMDAT Mobile, Inc. (2010) 185 Cal.App.4 th 1068, 1078 (“as long as a complaint consisting of a single cause of action contains any well-pleaded cause of action, a demurrer must be overruled even if a deficiently pleaded claim is lurking in that cause of action as well.”) Respondent Deborah Senecal (“Senecal”) argues that “Petitioner has not pled the necessary facts that he is the son of the Deceased.” However, P...

Excerpt: ...attacks; stomach problems; diarrhea; cognitive impairment; fatigue; chronic fatigue; chest pains; and urinary tract and bladder infections. In the complaint, Plaintiff alleged that she sought to work the day shift as a reasonable accommodation and provided five medical notes to Defendants but that Defendants did not engage in a good faith interactive process and took her off schedule and then sent her back to academy training because she was a di...

Excerpt: ...he class action settlement; 2. Provisionally certifying the Settlement Class, which is defined as: all persons employed by Defendant Escalante-Sonoma, LLC (“Defendant”) in California during the Settlement Class Period and who received a wage statement from Defendant at any time from February 28, 2018 through January 24, 2019, except for individuals who have waived, released and/or recovered monies upon the claims or any of the claims, in whol...

Excerpt: ...ial notice is granted. A court shall limit the scope of discovery “if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence” (Code Civ. Proc., §2017.020, subd. (a)) or if it determines the discovery sought “is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenie...

Excerpt: ...s favor on December 11, 2017. On September 15, 2017, Plaintiff filed the complaint in this action and asserts causes of action to quiet title and for declaratory relief against Phan and the County of Sonoma. The complaint is based on Plaintiff's allegations that the County “erroneously assessed taxes on the Property;” Plaintiff's failure to pay the erroneously assessed taxes; the County's subsequent tax sale of the property to Phan at a publi...

Excerpt: ...nse to her discovery request, Plaintiff discovered that Defendant failed to disclose material facts about the Property to buyer KS Manson Partners, LP (“KSMP”) that, if appropriately disclosed, would likely substantially affect any potential purchaser's valuation of the property. Plaintiff has also received two appraisals of the Property which indicate values significantly below the pending KSMP offer and provide significant new information w...

Excerpt: ...of agency or employment at the time of the subject accident. For the reasons stated below, the motion is DENIED. Defendants' objection, number 1 is overruled. The statement that a true and correct copy of the Traffic Collision Report is attached is not hearsay. The declaration states that the declarant has personal knowledge of the report, which is likely as an associate at the firm representing the plaintiff. Defendant's objection, number 2 is s...

Excerpt: ..., roof and fence until Ms. Garwood's death in July 2018. According to Defendants, after Content purchased the property, she discovered the common roof, wall and fence were in need of repair. Content apparently made multiple requests to Ms. Garwood prior to her death but Ms. Garwood refused to contribute to the repairs so Content was force to pay 100% of certain “critical” repairs. After Ms. Garwood's death, Content contacted Plaintiff, as Exe...

Excerpt: ...r other remedy. However, Plaintiff fails to state facts sufficient to constitute any cause of action and the allegations are fundamentally unclear. Nothing indicates what Defendants actually did, who Defendant Claudine Kent even is or how she is involved, what defamation occurred, when, or the context or nature of it. As for demurring party, Plaintiff fails to state any statutory bases of liability, which is required for this Defendant as a gover...

Excerpt: ...contends that because the action resulted in a settlement by which Defendants would pay Plaintiff a monetary amount, Plaintiff is necessarily the “prevailing party” and is entitled to recover his reasonable attorneys' fees under the applicable statutes and under the parties' settlement agreement. Plaintiff contends he has incurred $59,283.75 in attorneys' fees and $3,346.33 in costs related to this action. Thus, Plaintiff seeks a total award ...

Excerpt: ...tgage Loan Trust 2005-WL2 (“Deutsche Bank”) on or about May 2, 2019. On August 30, 2019, when neither defendant had filed a response to the Complaint, the County filed a Request for Entry of Default against both defendants and the default was entered the same day. In this motion, the County moves for a default judgment under Code of Civil Procedure section 585(b) and requests that the Court issue a permanent injunction enjoining Tinker from, ...

Excerpt: ...�� (“GLV”) and Percy Miller, aka Master P (together “Plaintiffs”). For the reasons discussed below, the motion for summary adjudication is DENIED. 1. First Cause of action for Breach of Oral Contract; Second Cause of action for Breach of Implied Contract Defendants argue Privateer is entitled to summary adjudication on GLV's causes of action for breach of an oral and implied contract because the alleged contract is invalid under the statu...

Excerpt: ...controversy by claiming a brain injury as a result of the subject October 2017 accident…” (Motion at 2:5-7.) Defendant contends there are “specific facts” from Plaintiffs deposition testimony, medical records, and a recent independent physical examination conducted by Deborah Doherty, M.D., which provide support for the requested exam. Additionally, Defendants aver that the initial examination by Dr. Doherty was interrupted by a paralegal...

Excerpt: ...ondie and/or defense counsel and Plaintiffs Joan Coke and Helen Straessle; prohibiting Defendants and their current counsel, or any newly appointed counsel, from utilizing at trial or in any other manner any communications from Plaintiffs Joan Coke and/or Helen Straessle; and prohibiting Defendants or their counsel, current or newly appointed, from obtaining or using any testimony from Plaintiff Helen Straessle in any manner whatsoever. On Septem...

Excerpt: ... 7, 8-9. Venue in transitory actions generally is properly in the county where the defendant resides, with certain exceptions. Code of Civil Procedure section 395(a). Venue in contract actions is also proper where the contract was entered into, i.e., where the words of acceptance were spoken, or where the obligation was to be performed. Code of Civil Procedure section 395(a). Contrary to the rule for actions against individuals, in actions agains...

Excerpt: ...aining order and OSC re preliminary injunction on September 12, 2019. Defendant was personally served with the OSC and supporting documents on September 16, 2019, however, no opposition has been timely filed. Per CCP §526(a)(3): “An injunction may be granted in the following cases:…(3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some ac...

Excerpt: ...ey Robert Murray and on September 17, 2018, Plaintiff filed a notice of settlement of the entire case stating that the case would be dismissed no later than November 7, 2018 conditioned on “the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement.” On February 2, 2019, Plaintiff filed a second notice of settlement which stated the case would be dismissed no later than March 25, 2...

Excerpt: ...ts. Therefore, the motion is denied without prejudice. Health & Safety Code § 17980.7(c) provides: “The enforcement agency, tenant, or tenant association or organization may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was se...