Excerpt: ...erty. Plaintiffs concede that Irma willingly and knowingly transferred a joint tenancy interest to Defendant solely as a means to help Defendant financially and to get a modification on the mortgage. Plaintiffs contend that at all times, it was the Irma's intent that as soon as Defendant was financially stable, Defendant would voluntarily deed her share of the title back to Irma, who would then deed the entire property to the trust. Plaintiffs al...

Excerpt: ... who represented Defendant subsequent to Plaintiff. The Court sustained that demurrer, in its entirety and without leave to amend. Thus, the only claim that remains at issue in this action is Plaintiff's claim to establish the value and validity of the lien. Specifically, Plaintiff alleges that he had an enforceable contingency fee attorney-client agreement with Defendant which required Defendant to pay Plaintiff 33 1/3% of the net recover of com...

Excerpt: ...eight horn attached to the truck for an extended period of time within approximately 5 feet of [P]laintiff.” (FAC at ¶12.) Plaintiff alleges that “Defendant's conduct, including but not limited to, intentionally blowing a freight horn within 5 feet of [P]laintiff while [P]laintiff was talking to him was intentional and malicious and done for the purpose of causing [P]laintiff to suffer humiliation, mental anguish, and emotional and physical ...

Excerpt: ...erty. Plaintiffs concede that Irma willingly and knowingly transferred a joint tenancy interest to Defendant solely as a means to help Defendant financially and to get a modification on the mortgage. Plaintiffs contend that at all times, it was the Irma's intent that as soon as Defendant was financially stable, Defendant would voluntarily deed her share of the title back to Irma, who would then deed the entire property to the trust. Plaintiffs al...

Excerpt: ...eight horn attached to the truck for an extended period of time within approximately 5 feet of [P]laintiff.” (FAC at ¶12.) Plaintiff alleges that “Defendant's conduct, including but not limited to, intentionally blowing a freight horn within 5 feet of [P]laintiff while [P]laintiff was talking to him was intentional and malicious and done for the purpose of causing [P]laintiff to suffer humiliation, mental anguish, and emotional and physical ...

Excerpt: ... who represented Defendant subsequent to Plaintiff. The Court sustained that demurrer, in its entirety and without leave to amend. Thus, the only claim that remains at issue in this action is Plaintiff's claim to establish the value and validity of the lien. Specifically, Plaintiff alleges that he had an enforceable contingency fee attorney-client agreement with Defendant which required Defendant to pay Plaintiff 33 1/3% of the net recover of com...

Excerpt: ...[s] and advertise[s]” the crackers “as ‘artisan' and charge[s] a price premium for it, even though the Product is not artisan by any stretch of the imagination.” (Ibid.) Plaintiff alleges she “purchased the Product in Summer 2019 at a Whole Foods in Sonoma County.” (Id. at ¶10.) “When purchasing the Product, Plaintiff relied upon the label ‘artisan' as well as the overall marketing of the Product as ‘artisan', and was led to be...

Excerpt: ...oot retail building that Ms. Enkema leased to Mark and David Hoffman in 1994 which allowed the Hoffmans to operate Fircrest Market. In January 2009, the parties apparently entered into a Lease Renewal Agreement that renewed the original lease for 10-years on substantially the same terms. On or about December 19, 2014, the parties allegedly entered into a Second Lease Renewal Agreement which purported to grant the Hoffmans an option to purchase th...

Excerpt: ...mary judgment. Defendant brings the motion under Code of Civil Procedure section 437c(a)(1) and on the grounds that there are no genuine issues of material fact and Defendant is entitled to judgment as a matter of law. Defendant's motion is based on three basic theories. First, Defendant contends that because Plaintiff has not produced a signed agreement, Plaintiff cannot properly “validate or verify” the alleged debt and is not entitled to r...

Excerpt: ...ff against Defendants. State Fund brings the motion pursuant to Code of Civil Procedure section 387(d)(1)(A) and Labor Code section 3850 on the grounds that State Fund has an “absolute right” to intervene in this action based on the fact that it paid workers' compensation benefits to Plaintiff for his injuries in this action. State Fund previously filed a Notice of Lien on June 18, 2019 and an Amended Notice of Lien for $98,710.14 on October ...

Excerpt: ...notes that in a November 1, 2019 meet and confer email from Defendant's counsel (Ms. Gygax) to Plaintiff's counsel (Mr. Miller), Ms. Gygax stated in part that “[u]nless you email me that you are dismissing both actions on Monday November 4, 2019, we shall file a response on Monday when the courts open [following a week long closure due to the Kincaid fires].” (See, Miller Dec. at Ex. E.) Plaintiff filed the dismissal of the entire action on N...

Excerpt: ...; additional $25,000 “progress payment” due February 1, 2018; $725,000 “private note,” at 5% interest only for 60 months. (FAC at Ex. 1 and FAC at Ex. 1.) Although the original agreement included a “monthly payment” of $2,916.66, “due on the 1st of each month, with the first payment due on 10-01-2017;” Plaintiff's FAC contends that this monthly payment was subsequently changed by oral agreement of the parties to $3,020.83. (Ibid.)...

Excerpt: ...ndant defaulted on the account and failed to make payments as they became due and owing. (Id. at 3, 6, 8, 12, 15 and 17.) The last payment applied to the account was on or about November 24, 2017. (Id. at 7, 16.) The total amount due and owing is $11,669.91. (Id. at 3, 8, 12 and 17.) Plaintiff filed the underlying complaint on August 2, 2018 and asserts common count causes of action for account stated and open book account. On September 17, 2018,...

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: ...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: ...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: ..., 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: ... C. White; and Terran B. Broussard “that if [they] came out to work in California, Defendant Pride Contracting Inc. would provide seventeen to twenty-four months of fulltime work at $25 per hour, plus a per diem of $125 per day and a personal vehicle expense reimbursement of $8 per hour for every hour driven.” (Id. at ¶¶16-18.) Finally, Defendants allegedly promised plaintiffs Timothy Tingle and Peter Anderson “twenty-four months of full-...

Excerpt: ...rior. The matter is now on calendar for a motion for determination of good faith settlement filed by Black Diamond Paving, Inc. (“Black Diamond”) and Earl Boland dba Sawcor Pavement Striping (“Sawcor”), collectively “Cross- Defendants.” According to the motion, Cross-Defendants have reached a settlement with Plaintiff whereby Plaintiff agrees to release all claims against both cross-defendants and in exchange, Black Diamond has agreed...

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: ...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: ...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: ...foot retail building that Ms. Enkema leased to Mark and David Hoffman in 1994 which allowed the Hoffmans to operate Firecrest Market. In January 2009, after only 5 years on a 15-year lease, the parties apparently entered into a Lease Renewal Agreement that renewed the original lease for 10-years on substantially the same terms. On or about December 19, 2014, the parties allegedly entered into a Second Lease Renewal Agreement which purported to gr...

Excerpt: ... action arises from an approximately 13- year relationship and co-habitation between Plaintiff and Hammer from approximately 2004 to 2017. In the complaint, Plaintiff asserts an interest in real property located at 4303 Parker Hill Road, Santa Rosa, which the parties jointly acquired during their relationship. Additionally, Plaintiff claims an interest in Western, a company the parties started during their relationship. Plaintiff contends that sh...

Excerpt: ... case which stated 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 by March 25, 2019. On March 25, 2019, Plaintiff filed a lis pendens with respect to the property and on May 1, 2019,...

Excerpt: ...xit” and “[i]nstead of properly stopping, the driver of the truck [i.e., Defendant] then blew a freight horn within close proximity to Plaintiff, causing immediate physical injury. (Complaint at ¶¶9-10.) Plaintiff filed the Complaint on March 18, 2019 and asserts causes of action against Defendant and Ferina Trucking Co. for negligence; negligent supervision/hiring; assault; battery; intentional infliction of emotional distress (IIED); and ...

Excerpt: ... on the account and failed to make payments as they became due and owing. (Id. at 1-6, 11-15.) The last payment applied to the account was on or about November 12, 2015. (Id. at 7, 16.) Plaintiff filed the underlying complaint on November 18, 2018 and asserts common count causes of action for account stated and open book account. On November 2, 2018, Defendant filed an answer and asserted multiple affirmative defenses to Plaintiffs claims. This m...

Excerpt: ... admit that he never represented Anthony Michalek with regard to the Underinsured Motorist Claim; that he was compensated for his work on the <0044004700030044000300 004800030044004a0055[eement with Anthony Michalek.” (Motion at 3:19-22.) Defendants contend that Plaintiff's objections to the discovery based on defective service are “without justification” and request $4,560.00 in sanctions, for their “reasonable costs and attorney fees”...

Excerpt: ...nd SACC at 7:23-25.) Plaintiff brings the motion under Code of Civil Procedure sections 435-437 and on the grounds that the allegation lacks factual support, is immaterial; hearsay; and “Defendant has no ability to prove the veracity of the quote…” (Motion at 4:18-21.) Defendant opposes the motion and argues it is procedurally defective because Plaintiff already moved to strike this same allegation in Defendant's First Amended Cross-Complai...

Excerpt: ...e any applicable authority in support of the motion but asks the Court to “enter this Motion To Dismiss for Failure to State a Claim for which relief can be granted, and to order the Plaintiff to settle any <0003000b00300052005700 001d0015001900100015[7.) Plaintiff opposes the motion and contends that the complaint alleges sufficient facts to <002400470047004c005700 00030033004f0044004c[ntiff avers that Defendant cannot bring a general demurrer...

Excerpt: ...n is DENIED, without prejudice, based on the procedural defects in the motion. Specifically, California Rules of Court, Rule 3.1345 states in part that “[a]ny motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement” and the separate statement must be a “separate document filed with the discovery motion” and must include “[t]he text of the request, interrogatory, ...

Excerpt: ...laintiffs' original complaint, and therefore withdraw this demurrer only as to Plaintiffs' IIED cause of action.” (Reply at 3:9-12.) Thus, the demurrer on the IIED cause of action is moot. Defendants also move to strike Plaintiffs' request for punitive damages and the related allegations. Defendants bring the demurrer pursuant to Code of Civil Procedure section 430.10(e) and argue that the FAC fails to allege sufficient facts to state a valid c...

Excerpt: ...r $6,603.76. <0057004c00520051000300 004c0051005700500048[nt of receiver. Plaintiff brings the motion pursuant to Code of Civil Procedure sections 564(b)(3) and 708.630 and requests that the Court appoint Michael Brewer as receiver to “seize property of the judgment debtors so as to be able to collect on its judgment herein” and “[i]n particular…to seize and sell liquor license number 580881 to satisfy the judgment entered in this case.�...

Excerpt: ..., collectively (“Defendants”). The complaint asserts causes of action for breach of contract; fraud; declaratory relief; rescission; cancellation; and money had and <0056004800570057004f00 00560053005800570048[ and Plaintiffs granted Defendants multiple extensions to respond to the complaint. When those settlement negotiations failed, Defendants filed an answer on August 30, 2017. On December 21, 2017, multiple plaintiffs separately served fo...

Excerpt: ...d substandard work, Plaintiff was required to hire a new contractor to finish the job. Prior to Plaintiff's complaint being filed, Plaintiff apparently posted a “negative Yelp! review…disparaging and defaming Defendant…” (See, Opp. at Ex. 1.) On November 14, 2018, in response to this negative review, Defendant's attorney, Sheri Chlebowski, sent a cease and desist letter to Plaintiff. The letter states in part “[p]lease be advised that m...

Excerpt: ...actor, and Steve Dale, the project manager (collectively “Cross-Defendants”) based on their alleged negligent construction of the parking area. Specifically, Defendant contends that during recent depositions, Defendant learned for the first time that the construction deviated from the plans in that instead of installing a “line of manicured bushes with many light bulbs,” Cross-Defendants built “a wall with some crawling plants but witho...

Excerpt: ...e motion, Defendant claims that he is trustee of his mother's trust and that Plaintiff was trespassing on the property that he has responsibility to maintain. (Motion at 2:2-5.) Defendant contends that Plaintiff trespassed on the property; changed the locks; boarded up the doors and that after Defendant gained access to the property Plaintiff attacked him and tripped <0051005600480011000300 0b[Id. at 2:5-10.) Thereafter, Plaintiff apparently file...

Excerpt: ... arbitration and stay proceedings in this motion until the arbitration is complete. In its Notice of Motion, Defendant states it is bringing the motion pursuant to Code of Civil Procedure section 1281, et seq. and California Rules of Court, Rule 3.1330. (Notice at 2:9-11.) However, in the Points and Authorities, Defendant contends that “because the relevant arbitration agreement involves interstate commerce, the Federal Arbitration Act (“FAA�...

Excerpt: ...client's employer's insurer. In the TAC, Plaintiff alleges that Defendant breached a fiduciary; legal; and ethical duty to inform Plaintiff of a settlement of client's underinsured motorist <0049004800510047004400 004c0051005700480051[tional and/or negligent misrepresentations to Plaintiff regarding Defendant's intent to inform <0048000300580051004700 00470003005000520057[orist claim and regarding the “status of Plaintiff's lien.” Plaintiff c...

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: ...s lack specificity. In particular, Defendants argue that the SAC fails to allege any facts that establish that any of the Defendants knew that the alleged misrepresentations were false, or that the promises were made without any intention to perform. Defendants argue that the generalized allegations that Defendants “knew these statements to be false and that the statements were provided to her with the intent to induce her to invest in the Fund...

Excerpt: ...the challenge complaint or be based on facts which the court may judicially notice." (County of Los Angeles v. Commission on State Mandates (2007) 150 Cal. App. 4 th 898, 911.) <0051004700440051005700 00470003004900520055> and was issued an American Express card (hereinafter "card") currently ending in 1005 for the purposes of obtaining goods and/or services, and/or cash advances from any person who accepts the card." (Complaint a...

Excerpt: ... in this case.” (See, May 31, 2019 Court Minutes, citing, Cal. Prac. Guide, Civ. Proc. Before Trial (Rutter 2018) Chap. 2-B, 2:28.1.) There is no indication in the record that Plaintiff has retained an attorney or that a guardian ad litem has been appointed in this case. The demurrer is brought pursuant to Code of Civil Procedure sections 430.10 and 430.30 and on the grounds that the FAC fails to state facts sufficient to state a valid cause of...

Excerpt: ...he Complaint, Mr. Corbit's four adult children (“Plaintiffs”) assert various causes of action against Federal Express and Ms. Berry (collectively “Defendants”) related to the accident and allege in part that while driving a Federal Express van, Ms. Berry caused the accident by failing to stop at a stop sign, in violation of California Vehicle Code section 21802(a). This matter is on calendar for Defendants' motion to quash two deposition ...

Excerpt: ...he face of the FAC or matters subject to judicial notice…” (Court's May 22, 2019 Minute Order.) In that Minute Order, the Court pointed out that Defendant had not asked the Court to take judicial notice of Plaintiff's Government Tort Claim; Defendant's Notice of Rejection; or the fact that the rejection was in writing or in compliance with Government Code section 913. (Ibid.) The Court noted that without these documents, the “purported stat...

Excerpt: ...0 00030044005100470003[David only intended to settle the action with named defendants and intended to pursue the case against his sister and co-plaintiff, Priscilla. David contends there is “good cause” not to dismiss the case based on his attorney's declaration of fault, which states in part “[u]nfortunately, through my error, I prepared or caused to be prepared and submitted an ‘Unconditional Notice of Settlement of Entire Case” form ...

Excerpt: ...ies' relationship existed solely through Piner, a California Corporation, and therefore, the “partnership” statutes are irrelevant. Additionally, Parikh contends that under Corporations Code section 16202, a partnership cannot exist when a corporation is formed. Further, Parikh's demurrer to the fourth cause of action for “Judicial Expulsion of Parikh and Doe Defendants as Members of Piner's Board of Directors” under Corporations Code sec...

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: ...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: ...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: ...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: ...��reply to opposition to supplemental declaration…” On the same day, Plaintiff filed an Objection to the reply, correctly pointing out that the Court did not grant Defendant leave to file any further briefs. In fact, the Court notes that it was Defendant's late <0057004c00510058004800 00030049004c00550056[t place. Accordingly, Plaintiff's Objection to the supplemental reply is SUSTAINED. Nonetheless, the Court will consider the merits of Defe...

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: ...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: ...related to an alleged dangerous condition on public property. Defendant brings the motion pursuant to Code of Civil Procedure section 438(c)(1)(B)(ii) and contends that the FAC fails to show that (1) Plaintiff filed this litigation within the required six months from the date of <0051005700030052005a00 005100570044004c0051[ed, and controlled the bridge where the incident occurred. Thus, Defendant avers that Plaintiff's FAC fails to state facts su...

Excerpt: ...ient to constitute a cause of action. Specifically, Defendant contends that the FAC fails to allege the specific facts necessary to state a statutory cause <0003005600480046005700 0013000f0003[et seq. and fails to establish “gross negligence, neglect or reckless conduct” required by the Act. Additionally, Defendant moves to strike Plaintiff's prayer for punitive <0003000b00290024002600 0017000c000300520051[ the grounds that the FAC does not a...

Excerpt: ...h VI.J. of the BTA/Quail contract failed to express that Douglas Thornley was a party to that paragraph. Douglas Thornley would not have signed the contract had he known that he was not a party to the contract or to paragraph VI.J. of the BTA/Quail contract.” (See, Defendants' Motion at Ex. A; Defendants' RJN at Ex. 1.) Defendants bring this motion pursuant to Code of Civil Procedure sections 472, 473(a), and 576 and on the grounds that the all...

Excerpt: ...and in particular, the Court addressed the issue of Plaintiff's untimely government claim and untimely request to file a late claim. Although the Court expressed doubts about Plaintiff's ability to cure the defects based on the facts already alleged, the Court gave Plaintiff an opportunity to amend. On February 28, 2019, Plaintiff filed his FAC. Defendant brings this demurrer under Code of Civil Procedure section 430.10(e) and on the grounds that...

Excerpt: ...r Code 98.2. Defendant filed an opposition on April 30, 2019, the day before the original hearing on May 1, 2019. However, the Court did not receive that opposition prior to posting its tentative ruling on April 30, 2019 and the tentative ruling was to grant Plaintiff's motion to dismiss. Defendant appeared at the May 1, 2019 hearing, without giving notice to Plaintiff, and the Court continued the hearing until today, May 8, 2019. Defendant's opp...

Excerpt: ...as been suffering from an extremely critical and nearly fatal medical condition that left him incapacitated, unable to manage his affairs, and virtually unaware of the events affecting him. (Motion at 1:23-26, 3:4-8; see also, Sheridan Dec. at ¶¶4-5.) Defendants contend that Mrs. Sheridan, the other trustee for the Trust, has never had any responsibility for the property owned by the Trust, never participated in managing the property, and assum...

Excerpt: ...570044004c0051[. Defendant contends that Plaintiff's entire case is based on the existence of an attorney- client contingency agreement between Plaintiff and third-party Anthony Michalek. Defendant avers that “Plaintiff cannot allege an enforceable Attorney-Client Contingency Fee Agreement because there is not enforceable Attorney-Client Contingency Fee Agreement” and therefore, “Plaintiff has no right to recover any portion of Anthony Mich...

Excerpt: ...ff's action and therefore, a separate trial on this affirmative defense will eliminate the necessity and save the time and expense of a regular trial on the action. Plaintiff opposes the motion and contends that even if the contractual limitation of liability provision is found to apply to the parties here, it will not resolve all of the issues in this case and will not eliminate the need for a trial. Plaintiff's Request for Judicial Notice in Su...

Excerpt: ...9, “the case was resolved against [the named] Defendants on the basis of a determination that [Defendants] were only 20 percent at fault for the collision, while Priscilla Parks was 80 percent at fault.” (See, Motion at 4:11- 13.) However, David also alleges that the Notice of Settlement of the Entire Case filed on January 23, 2019 was filed in error and in fact, “[i]t was not the intention of Plaintiff David Parks, nor the intention of his...

Excerpt: ...rological examination and mental exam by Mark Strassberg, M.D., a neurologist; and (2) neuropsychological testing to be performed by Ronald Roberts, Ph.D., a neuropsychologist.” (See, Motion at 2:8-12.) Defendant contends that based on Plaintiff's allegations of traumatic brain injury and post-concussion syndrome, Defendant “is entitled to a mental and physical examination to be performed by its own neurologist, Dr. Strassberg, with <00030027...

Excerpt: ...dispute that Plaintiff is entitled to discovery of the putative class member contact information in advance of class certification.” (See, Opp. at 1:19-20.) Instead, Defendant contests Plaintiff's proposed Belaire-West disclosure, which includes contact information for both Plaintiff's and Defendant's respective attorneys. Defendant argues that including Plaintiff's attorney information in theBelaire-West disclosure would create a “one-way”...

Excerpt: ...its statutory and contractual obligations when it failed to negotiate a “new settlement closing date” with Plaintiff after the short-sale buyer was unable to close escrow by the initial date set. Based on this alleged breach, Plaintiff contends he is likely to proceed on the merits of his claims for a violation of Civil Code section 2924.11. Additionally, Plaintiff contends that he <0003004c0051004d005800 00560003005100520057[ issued and that...

Excerpt: ...rmation of the arbitration award and entry of judgment are necessary for Petitioners to enforce the award. Additionally, Petitioners seek an award of attorneys' fees and costs, in addition to those included in the arbitration award, for $10,165.00, which includes $8,265.00 in fees and costs incurred to bring this motion and $1,900.00 in fees anticipated to be incurred to prepare a reply and appear at any hearing. Petitioners contend they are enti...

Excerpt: ...y 13, 2019 Minute Order.) According to the Court's record, Plaintiff has not filed a Second Amended Complaint as of the date of this tentative ruling. Therefore, the current Special Motion to Strike is MOOT. (See, Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 878-879 [If plaintiff voluntarily dismisses the action after defendant files an anti-SLAPP motion, the court loses jurisdiction to rule on the motion.].) Here, because P...

Excerpt: ...der abuse. (See, Rambo v. Blain (1968) 263 Cal.App.2d 158, 163 [“a promise made with intent to deceive or induce a person to enter into a contract, without any intention of performing it, is actual fraud”], citing, Civ. Code §1572(4); see also, Civ. Code §1710.) “[B]ecause the real intent of the parties and the facts of a fraudulent transaction are peculiarly in the knowledge of those sought to be charged with fraud, proof indicative of f...

Excerpt: ...e any documents; and failed to provide any dates for the commencement of the <000f0003004c0051000300 005c000f00030033004f[aintiff acknowledges that since the filing of the motion, the parties have agreed to a deposition date of February 25, 2019, which is only two days before this scheduled hearing. Thus, Plaintiff requests that the hearing remain on calendar and despite the agreement on a deposition date, Plaintiff continues to request an order ...

Excerpt: ...ts a motion directed to a prior complaint. [Citation.] Thus, once an amended complaint is filed, it is error to grant <00570044004c0051004800 005500480059004c0052[us complaint. [Citation.] As our colleagues in Division Two have explained, “a court granting plaintiff leave to amend a cause of action should not at the same time attempt to summarily adjudicate material issues which underlie that same cause of action. After a cause of action is ame...

Excerpt: ...preme Court of the State of New York, County of New York entitled Brembo S.p.A. v. T.A.W. Performance Index No. 654931/2017 (the New York Case) which it argues involves the same Distribution Agreement as in the instant case. For the reasons explained below, the court finds that Brembo is not subject to the jurisdiction of the court, and therefore the service of summons is properly quashed. Quash Summons Based on a Lack of Jurisdiction Amended Com...

Excerpt: ...s prosecution claim. Defendant contends that Plaintiffs have failed to meet that burden and therefore, the motion to strike should be granted and the complaint should be stricken. Plaintiffs oppose the motion on several grounds. First, Plaintiffs argue that the motion is procedurally defective under Code of Civil Procedure section 1005 and California Rules of Court, rule 3.1110 because Defendant's moving papers did not include the time and date o...

Excerpt: ...170011001300 005100030057004b0048[ grounds that there is “good cause” for the Court to exercise its discretion and reopen discovery on this limited issue and that Defendant will not suffer prejudice if discovery is reopened and limited as requested. Defendants oppose the motion and contend that Plaintiff has known about Defendants' contractual limitation of liability defense for 15 years and has chosen to ignore it. Thus, Defendants aver that...

Excerpt: ...ntiff's Motion is GRANTED. Unless this tentative ruling is contested, <0057004800470003005a00 005000520057004c0052[n. Code of Civil Procedure section 473(b) provides for both discretionary and mandatory relief from an entry of default. (See, Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 838– 839; see also, Benedict v. Danner Press (2001) 87 Cal.App.4th 923, 927.) As relevant here, the mandatory re...

Excerpt: ... have not filed an opposition to the motion. Defendant's Motion is GRANTED. Defendant shall file his proposed answer within five days of service of the Court's final ruling on this motion. Code of Civil Procedure section 473(b) provides for both discretionary and mandatory relief from an entry of default. (See, Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 838– 839; see also, Benedict v. Danner Pr...

Excerpt: ...in the FAC are covered by the litigation privilege in Civil Code section 47 and therefore, cannot be the basis for the causes of action asserted. More specifically, Defendants argue that Plaintiff's entire complaint is based upon actions taken by attorneys during the course of representing their client to secure title to a parcel of property owned by their former client. Defendants contend that the litigation privilege applies to the allegations ...

Excerpt: ...ants contend are “duplicative, unnecessary, and unreasonable.” Defendants argue that Plaintiff has not demonstrated he was unable to find local counsel to handle this case and thus, travel costs incurred by Plaintiff's are not “reasonable” and should not be recovered. Plaintiff opposes the motion and argues that under Code of Civil Procedure section 1033.5, a memorandum of costs is prima facie evidence that the costs were “necessarily i...

Excerpt: ...018 and despite multiple efforts to meet and confer, Plaintiff has failed to respond. Defendant also seeks an award of monetary sanctions in the amount of $690 for her costs and attorneys' fees in connection with bringing this motion. Second, Defendant moves for an order that all facts stated in her requests for admissions, set two, propounded to Plaintiff be deemed admitted. Defendant brings this motion <0013001600160011001500 005100030057004b00...

Excerpt: ...from the original holder to Defendant and therefore, any assignment of the Deed of Trust is invalid and the subsequent foreclosure has no legal effect; (2) the loan “may have been securitized” because “[v]irtually all of the Mortgage Backed Securities issued by [Defendant's predecessor in interest] were private placement securities…” and if these securitized mortgages were used as collateral by the lender to secure loans from the Federa...

Excerpt: ...81, et seq. and on the grounds that the parties entered into a valid and enforceable “Mutual Binding Arbitration Agreement” which requires the parties to resolve all disputes “that may arise out of the employment context” in arbitration. Defendant contends that this is a valid and enforceable arbitration agreement which encompasses all of the claims asserted by Plaintiff in this action. Additionally, Defendant argues that to the extent th...

Excerpt: ...ebruary 22, 2019 at 1:30 P.M. in Department 19<0053005c00030052004900 03[ his proposed answer with the motion. Specifically, Code of Civil Procedure section 473(b) states in part that a motion made under this section “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted…” (Code Civ. Proc. §473(b).) Here, although Defendant's motion appears to be justifie...

Excerpt: ...ff seeks summary adjudication on her first cause of action for breach of contract and her second cause of action for Violation of Business and Professions Code section 22370, et seq. Plaintiff contends that she has met her burden and has made a prima facie showing that she is entitled to summary adjudication on these two causes of action and that Defendants have failed to demonstrate that there are any genuine disputes of material fact. Although ...

Excerpt: ...ted. Specifically, Defendant argues that Plaintiff is barred from <0048004a00480003004600 00480003005a004c0057[h the applicable government claims presentation requirements. Additionally, SMART contends that the demurrer should be sustained without leave to amend because Plaintiff's application to file a late government claim was made more than one- year after accrual of his cause of action and therefore, the Court lacks jurisdiction to grant such...

Excerpt: ...o triable issues of material fact. Specifically, Defendants argue that the Duuses cannot establish a claim for contribution because Plaintiff Cohasset Beach Recovery, LLC (“Cohasset”), not the Duuses, paid the settlement to Timberland Bank. Thus, according to Defendants, because the Duuses did not make the payment directly to Timberland, i.e., they created a third party sole purpose LLC to make the payment; the Duuses as individuals are not e...

Excerpt: ...d therefore, the stay should be lifted and the matter should proceed in the trial court. Additionally, Plaintiff contends that when the applicant for a stay is in default of the arbitration rules, a court may modify or dissolve a stay as a matter of equity. Plaintiff argues that if the stay is not lifted, Plaintiff will be left without a forum to adjudicate her claims. Defendants oppose the motion and citing only to the recent case Weiler v. Marc...

Excerpt: ..., 2015, which required Defendant to make certain installment payments to Plaintiff until the agreed upon amount was paid in full. Plaintiff asserts that Defendant breached the agreement when it defaulted on the remaining balance due and owing to Plaintiff. Defendant has not opposed the motion. Plaintiff's motion is GRANTED. Unless Defendant contests the tentative, the Court will sign the Order and Judgment lodged with the motion. “The public po...

Excerpt: ...kenly believed that she did not need to respond to the Complaint until the date stated on the summons for <00560058004f0057000300 00b30050004c00560057[ake,” Defendant did not file a responsive pleading and a default was entered against her. Plaintiff opposes the motion on procedural and substantive grounds. First, Plaintiff argues that the motion is procedurally defective because Defendant failed to attach a copy of the proposed responsive plea...

Excerpt: ...ch adds a claim for civil penalties pursuant to the Private Attorney General Act of 2004; and an Order deeming the FAC responded to with defendant Atech Logistics, Inc.'s (“Defendant”) original answer. Plaintiff also requests that the Court set a hearing date for the final approval process. Plaintiff brings this motion pursuant to Code of Civil <0003004400510047000300 00550052005800510047[s that the proposed settlement is sufficiently “fair...

Excerpt: ...ses of action. Plaintiffs bring the motion pursuant to Code of Civil Procedure sections 473(a) and 576 and on the grounds that Defendants will not be prejudiced by the proposed amendments and it is in the interests of justice and judicial economy to allow Plaintiffs to amend their Complaint. Defendants have not opposed the motion. Plaintiffs' motion for leave to amend their Complaint is GRANTED. Plaintiffs shall file and serve their First Amended...

Excerpt: ...428.50 because D4E did not obtain the necessary leave of court before filing either cross-complaint. Additionally, Brit demurs to the FACC pursuant to Code of Civil Procedure section 430.10(f)-(g) and on the grounds that the sixth cause of action for “breach of the insuring contract and covenant of good faith and fair dealings (sic)” is uncertain, unintelligible and does not state the nature of the contract upon which it is based. D4E opposes...

Excerpt: ...4c00 00480003005200490003[Action for Interference with Prospective Economic Advantage, and the Seventh Cause of Action for Tortious Interference with Expected Inheritance” and “fails to state a cause of action as to the First Cause of Action for Breach of Fiduciary Duty, Second Cause of Action for Promissory Fraud, Third Cause of Action for Constructive Fraud, the Fourth and Fifth Causes of Action for Elder Abuse, the Sixth Cause of Action fo...

Excerpt: ... Compel Further Responses to Special Interrogatories Granted<004a000300530044005500 00480003> <000300520045004d004800 0051004700030047004c>d not provide <005700480050000f000300 00520045004d00480046>tions appear invalid on their face. Absent a declaration of necessity, a responding party still must respond to the first 35 such interrogatories and Norcal did not do <0046000c00110003003a00 0046004f004400550044>tion of necessity, as Plaintiffs provid...

Excerpt: ...ndant to submit a <00030057004b004c005600 0057004c005200510003>will be considered a waiver of those fees and costs. The court will reset the OSC re dismissal to September 25, 2018 at 3:30 p.m. in Courtroom 18. The Plaintiffs shall draft an order consistent with this ruling. ...

Excerpt: ... to stay the present civil action pending a resolution of the arbitration. Plaintiff has not opposed the motion. For good cause shown, Defendant's unopposed motion to compel arbitration and for a stay of the present action is GRANTED. For calendar control purposes, a Case Management Conference is scheduled for July 11, 2019 at 3:00 pm in Department 19. Both federal and California law embrace a liberal policy favoring arbitration. (Armendariz v. F...

Excerpt: ...or personal property, in which case the action may be filed in either the county where the defendants reside or the county where the injury occurred. (Code Civ. Proc. §395(a).) Defendant argues that this case, which alleges a single cause of action for malicious prosecution, is not an action for injury to person or personal property and therefore must be transferred to Mendocino County, which is where Defendant “resided” at commencement of t...

Excerpt: ...s that it is made in Sonoma County and was to be performed in Sonoma County while the Watters Declaration adds that Plaintiff performed the work in Sonoma County and Defendant paid Plaintiff in Sonoma County. Objections overruled. However, the objections and the evidence which they attack have no impact on the outcome of this motion. Request for sanctions is denied. The prevailing party is to prepare an order conforming with the order of the Cour...

Excerpt: ...pleaded with the requisite particularity, Plaintiff shall bring a properly noticed motion for leave to amend.” (See, Court's May 8, 2018 Order Sustaining Defendant's Demurrer.) Plaintiff brings this motion in response to the Court's ruling and pursuant to Code of Civil Procedure sections 473 and 576. In the motion, Plaintiff seeks leave to amend the complaint to (1) add new legal claims to clarify a previously existing cause of action; (2) add ...

Excerpt: ...s motion is GRANTED and the judgment entered against Defendant on March 18, 2015 shall be vacated and the case is dismissed without prejudice. The Code provides that “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment...