Excerpt: ...enas by Individual Defendant served upon non-party Community First Credit Union (“Community”) under California Code of Civil Procedure (“CCP”) § 1985.3. The Motion is DENIED. I. Request for Judicial Notice The court notices the documents not for the truth of their contents, but for the previous statements of Plaintiff Prasad, to the degree they are relevant to this motion. II. Governing Law Although Code of Civil Procedure section 1985(b...

Excerpt: ...n violation of B&P Code § 17200, et seq; 4) negligence; 5) breach of written contract; 6) breach of oral contract; 7) intentional infliction of emotional distress; and 8) negligent infliction of emotional distress. This matter is on calendar for the motion by Moving Defendant to compel arbitration pursuant to the California Arbitration Act, Cal. Code Civ. Proc. (“CCP”) § 1280 et seq. (the “CAA”), and for a stay, on the grounds that Plai...

Excerpt: ...erence to the board, as referee, of any or all issues involved in the suit.” (Wat. Code, § 2000.) After the reference and the board's investigation, the board prepares a draft report setting forth “such findings of fact and conclusions of law as my be required by the court's order of reference” and which “may contain such opinion upon the law and facts as it deems proper in view of the issues submitted.” (Wat. Code §§2011, 2012.) Aft...

Excerpt: ...��), claiming that he and Defendant Kathleen McCormick (“Defendant”) each own a 50% interest in the Property. He complains that he paid for the purchase of the Property with his own money before transferring title to himself and Defendant as joint tenants but that he filed a Declaration of Severance of Joint Tenancy and left the Property as a result of Defendant's conduct. He adds that he has paid for the Property expenses even though Defenda...

Excerpt: ...tiffs allege that the Property in particular suffered from a mold infestation which damaged Plaintiffs' personal property and harmed Plaintiffs themselves, Plaintiffs informed Defendants and asked Defendants to remedy the situation, and Defendants instead evicted Plaintiffs and improperly retained their security deposit. Defendants filed a cross-complaint against Plaintiffs for breaching the lease agreement by failing to maintain the Property as ...

Excerpt: ...tly. With respect to the demurrer itself, Defendants demurrer to all causes of action in the complaint on the grounds there is a defect or misjoinder of parties; the complaint fails to allege sufficient facts to constitute a cause of action against Defendants; and the complaint is uncertain. Specifically, Defendants contend that the complaint fails to make any specific allegations against Defendants outside a vague reference that they are Hector'...

Excerpt: ... resolution of Ramos II. In the second motion, Defendant contends that Plaintiffs are actively preventing enforcement of the judgment in this case by failing to comply with the Court's Charging Order and by improperly transferring assets out of their own names and into their entities. Thus, Defendant seeks the following relief (A) for an assignment order assigning Plaintiffs' interest in all rents, contracts, income, commissions, and all rights a...

Excerpt: ... Court's July 1, 2021 Order denied the Defendant's request to continue the trial date but shortened the time for a motion and set the hearing for September 10, 2021. The Court also stated that “[a]ny additional moving papers shall be filed and served by 7/16/21.” (Ibid.) Defendant did not file its moving papers until August 10, 2021, over three weeks late. Defendant has provided absolutely no explanation why it failed to comply with the Court...

Excerpt: ...y in the civil action and in a representative capacity in the probate action. Tanner also avers the two actions involve the same or similar claims, related to the same underlying property, and seeks the same relief based on the same evidence. Tanner concludes that keeping these cases on parallel tracks in different departments will risk inconsistent rulings and will expend unnecessary resources of the parties and the court. In her opposition to t...

Excerpt: ...he attorney-client privilege or the common-interest doctrine. (See, Code Civ. Proc. §2031.210, et seq.; see also, Costco Wholesale Corp. v. Superior Court of Los Angeles (2009) 47 Cal.4th 725, 733; Citizens for Ceres v. Superior Court (2013) 217 Cal.App.4th 889, 914.) Accordingly, Defendant is ORDERED to provide code-compliant responses and produce all non-privileged documents responsive to requests 1-30 within twenty (20) days of this hearing d...

Excerpt: ...mend his complaint to cure the defects explained below, the Court will sign the proposed order lodged with the motion, WITHOUT LEAVE TO AMEND. This case arises from allegations of an unlawful non-judicial foreclosure sale of Plaintiff's property at 3520 Deer Meadow Lane, Occidental, CA. (Complaint at ¶11.) Plaintiff alleges that Defendants, who include the lender, servicer, agents, and others have improperly foreclosed on a loan and promissory n...

Excerpt: ...On or about June 28, 2016, McChesney backed out of the deal and litigation ensued between Plaintiffs and McChesney for breach of contract and specific performance. (Id. at ¶17.) That case was heavily litigated and on February 13, 2019, Plaintiffs dismissed their complaint against McChesney, with prejudice, as to all parties and all causes of action. Nine months after Plaintiffs dismissed their action against McChesney, Plaintiffs filed the prese...

Excerpt: ...merely a procedural requirement,” but is a condition precedent to the claimant's ability to maintain an action against the public entity. (Shirk v. Vista Unified Sch. Dist. (2007) 42 Cal.4th 201, 209.) The Code states that “no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented…until a written claim therefor has been presented to the public entity and has been a...

Excerpt: ...d potential delays at the trial and appellate levels, arbitral finality is a core component of the parties' agreement to submit to arbitration.” (Richey v. AutoNation, Inc. (2015) 60 Cal.4th 909, 916.) “[I]t is the general rule that parties to a private arbitration impliedly agree that the arbitrator's decision will be both binding and final” and thus they agree to bear the risk of an arbitrator's mistake “in return for a quick, inexpensi...

Excerpt: ...ranted on February 10, 2021 and is apparently already set for arbitration with JAMS on March 1-3, 2021. This matter involves the Petitioner's representation of Respondent in the appellate portion of the dissolution matter, which is subject to a separate legal services agreement, also with an arbitration provision. The legal services agreement at issue here was effective May 5, 2013 and includes an arbitration provision which states in part that �...

Excerpt: ...ng taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect” and any such “[a]pplication for this relief…shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code Civ. Proc. §473(b).) Discretionary relief under section 473(b) is “applied liberally where the party in default moves promptly to seek relief, and the...

Excerpt: ...responses to the subject special interrogatories and pay $1,480 in sanctions to Defendants within twenty (20) days of service of the Court's final ruling. “California law provides parties with expansive discovery rights.” (Lopez v. Watchtower Bible & Tract Society of N.Y., Inc. (2016) 246 Cal.App.4th 566, 590-591.) Specifically, the Code provides that “any party may obtain discovery regarding any matter, not privileged, that is relevant to ...

Excerpt: ... serve a second amended complaint. In this lemon law action, Plaintiff Raymond Fields (“Plaintiff”) purchased a “new 2011 Chevrolet Silverado 2500” from Victory Chevrolet in Petaluma, CA on August 24, 2012. (First Amended Complaint at ¶9.) “Express warranties accompanied the sale of the vehicle to Plaintiff by which [Defendant] undertook to preserve or maintain the utility or performance of Plaintiffs vehicle or to provide compensation...

Excerpt: ...e actions despite knowing that the alternations were likely to interfere with the natural flow of water across the parties' properties. Plaintiffs allege that Defendants took these actions “intentionally, maliciously, and with knowledge of the adverse consequences.” Plaintiffs' complaint asserts causes of action for private nuisance, trespass, and negligence, and seeks punitive damages. Defendants move to strike the prayer for punitive damage...

Excerpt: ...end, or revoke the prior order. Code of Civil Procedure §1008(a). Timeliness is not an issue. The motion for reconsideration must be brought within 10 days of the service of notice of the entry of order. Code of Civil Procedure § 1008. Plaintiff filed her motion 4 days before the Court issued the final order and an amended notice of motion 10 days after the Court issued the final order. A party seeking reconsideration must first demonstrate new...

Excerpt: ...s broad discretion to permit or deny an amendment of the pleadings “[i]t is well established that California courts have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others.” (Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163; see also, Lincoln Property Co., N.C....

Excerpt: ...Court need not address Defendant's remaining, largely factual, arguments. This case arises from a contract “for the installation of a Dammann Risohorse Ebb and Flow System (“Risohorse System” or “System”) as part of a new [horse] arena (“Arena”) Plaintiff was building on her private property (“Subject Property”).” (FAC at ¶7.) “The System is a product designed to maintain consistency in the footing of a horse [A]rena by add...

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: ...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: ...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,...