Excerpt: ...s, notes, mortgages, and deeds of trust included in the acquisition[;]” and (2) “the original promissory note, and original deed of trust and the original 2046 Balance Sheet for Loan #0044773 703 World Savings Bank Loan which was signed on December 22, 2006 by Mel Harold and Rena Harold.” (See, Motion at 2:7-12; Armstrong Dec. at ¶3; Sep. St. at 2:5-8 and 5:21-23.) In subsequent correspondence, Plaintiffs clarified that “[w]e are not ask...

Excerpt: ...cludes $2,790 in attorneys' fees based on 6.5 hours of attorney time, billed at $450 an hour, plus a $90 filing fee. Thus, although Defendants represent that their fees are $450 an hour and their attorneys billed 6.5 hours related to this motion, which amounts to $2,925; Defendants are apparently only seeking $2,790 in sanctions related to this motion. Plaintiffs oppose the motion on several grounds. First, Plaintiffs state that they served verif...

Excerpt: ...an and Brady Schalich's property (‘Upper Fitzpatrick Lane').” Plaintiff proposes that “[i]f Upper Fitzpatrick Lane is public or Plaintiff has prescriptive easement rights, then Plaintiff would also present evidence of damages caused by the Schalich's blocking of Upper Fitzpatrick Lane.” (See, Notice at 2:8-15; see also, MPA at 3:14-26.) Plaintiff brings this motion pursuant to Code of Civil Procedure section 598 and on the grounds that th...

Excerpt: ...l parties. 2. District's Motion for a Preliminary Injunction The second motion is the District's motion for a preliminary injunction enjoining the Bordessas from interfering with the District's rights under its “Trail Easement.” As an initial matter, the Court notes the confused and contradictory representations in the District's motion as to whether this motion relates to the “Trail Easement,” the “Conservation Easement,” or both. Fo...

Excerpt: ... T. Auman, which is how the original Complaint was filed. Additionally, Plaintiff argues that the demurrer should be sustained because the causes of action in the Cross-Complaint do not arise out of the same “transaction or series of transactions” as the underlying complaint to justify adding the new parties. Further, Plaintiff argues that Defendant has brought her claim in the incorrect forum because Defendant's claims relate to trust admini...