Excerpt: ...r into the determination of this motion to compel. Defendants argue that a factual response to No. 4.1 is not required as the "action will not be tendered to any carrier by defendants" and that "defendants are essentially handling their own defense of the case as if they are self- insured." Defendants further state that they are financially able to pay the judgment. Based upon this, Defendants argue that information about insurance is "beyond irr...

Excerpt: .... In addition, the Cardmember Agreement provides that use of the card constitutes acceptance of the agreement. (Id. at Nos. 2, 11.) Thus, by use of the card, Defendant, agreed to pay Plaintiff for all charges made on this account. (Ibid.) Plaintiff complied with its obligations under the Agreement by paying vendors for all charges that were made on Defendant's account. (Id. at Nos. 3, 12). Defendant received billing statements but failed to dispu...

Excerpt: ...icy. (Id. at ¶¶3, 15.) Following the fire, Plaintiffs brought suit against State Farm for breach of contract; breach of the implied covenant of good faith and fair dealing; negligence; concealment; negligent misrepresentation; estoppel; reformation; and breach of a reformed contract; and against Pollard for breach of contract and negligence. Plaintiffs allege that State Farm breached the agreement “by failing to pay all amounts due for the lo...

Excerpt: ...e of Civil Procedure section 473(d) and on the grounds that the default judgment is “void” because the summons and complaint were never properly served. Plaintiff has not opposed the motion. Defendant's motion to set aside the default judgment is GRANTED. Defendant has thirty (30) days from service of the Court's final ruling to file and serve her motion to quash. The Code states in part that “[t]he court may…on motion of either party aft...

Excerpt: ...ire. In his Complaint, Plaintiff alleges that Defendant “represented that it was knowledgeable of the conditions threatening Plaintiff's home and expressed a willingness to undertake certain duties and responsibilities to protect Plaintiff's home by establishing adequate policy limits." (Complaint at ¶18). Plaintiff further alleges that Defendant represented that it would calculate the rebuilding cost of Plaintiff's home and to obtain the actu...

Excerpt: ... FAIR Plan); professional negligence (against Krieg); negligent misrepresentation (against all Defendants); reformation of contract (against FIE and a separate cause of action against FAIR Plan); promissory estoppel (against all Defendants); breach of the implied covenant of good faith and fair dealing (against FAIR Plan); and conspiracy (against all Defendants). Krieg and FIE bring this demurrer to the seventh cause of action for “breach of co...

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: ...tute a cause of action against Evariste; (3) The Fourth Cause of Action fails to state facts sufficient to constitute a cause of action against Evariste. For the reasons discussed below, defendants' demurrer to the 2nd COA (promissory fraud) and 4th COA (promissory estoppel) are OVERRULED. Defendants' demurrer to the 3rd COA (cancellation of instrument) is SUSTAINED WITH LEAVE TO AMEND on the grounds that the record owner of the property (SNG Eva...

Excerpt: ...r demurs as follows: (1) Plaintiff Lynmar demurs generally to the twenty-ninth affirmative defense in the Third Amendment to Answer of Gould Evans, Inc. and Douglas Thornley to Second Amended Complaint of Lynmar; (2) As to Douglas Thornley and Gould Evans, Inc., Lynmar demurs on the basis that the twenty-ninth affirmative defense fails to state facts sufficient to constitute a defense. Lynmar Winery, LLC's request for judicial notice, filed on Oc...

Excerpt: ...f documents and post- judgment special interrogatories and for monetary sanctions. The Motion is GRANTED, except that as a pro per party, Judgment Creditor may only recover the $90 in costs incurred as sanctions. Judgment Creditor sufficiently demonstrates that he served the special interrogatories and request for production of documents on Judgment Debtors on January 30, 2019, and that despite making efforts to meet and confer, Judgment Debtors ...

Excerpt: ...edure section 1005, subdivision (c), and, was not received until August 19, 2019. Although Defendants contend that this reduced their time to respond, they do not contend that there was any specific prejudice and they go on to address the merits of the Opposition. The Court therefore DENIES the request to disregard the Opposition. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 (“In this case, as indicated, despite his claim of inadequate serv...

Excerpt: ...anctions which had previously been ordered against Defendant. In exchange, Plaintiff agreed to release all claims under Code of Civil Procedure section 1542. The settlement was put on the record before the Court and all parties acknowledged their agreement to the terms. Thereafter however, Plaintiff refused to comply. Thus, on June 10, 2019, Defendant filed a motion to enforce the <004c005200510003001900 0044004c00510057004c[ff did not file a tim...

Excerpt: ... covenant of good faith and fair dealing, which the Court sustained with leave to amend, Plaintiffs filed the presently operative First Amended Complaint (“FAC”) against Fire Insurance Exchange (“FIE”), Farmers Insurance Company (“FIC”), and Brian Delaney (“Delaney”) with causes of action for: 1) breach of contract (against all Defendants); 2) breach of the covenant of good faith and fair dealing (against FIE and FIC); 3) insuranc...

Excerpt: ... on calendar for Judgment Creditor's motion to compel Defendant to respond to his post-judgment requests for production of documents (“RPODs”) and post- judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is granted, except that as a pro per, Judgment Creditor may only recover the $90 in costs incurred as sanctions. If a party to whom interrogatories were directed fails to serve a timely response, the respondin...

Excerpt: ...018 debtor's exam, and a civil bench warrant was issued on September 6, 2018 commanding her attendance on December 10, 2018. Although there was no proof of service on file, the minutes of the December 10 hearing reflect that Judgment Debtor made a late appearance and notified the clerk of potential bankruptcy proceedings, and that the matter was set for hearing on March 4, 2019. Another civil bench warrant was issued on February 6, 2019. The minu...

Excerpt: ...rald Aronow (“Aronow”). A cross-complaint was then directed at Wimmer/Emergent by Ryan F. Thomas (an individual) and Johnston/Thomas PC (a professional corporation). Wimmer/Emergent seeks judicial notice. The Court denies judicial notice as to 1 and 2. The Court grants judicial notice as to 3 and 4. The Court grants judicial notice of Thomas' No. 1. Aronow's request for judicial notice is granted as to request No. 4, and denied as to the bala...

Excerpt: ...lly interfering with [Plaintiff's] ability to maintain its provisional manufacturing license and transitioning its temporary distribution and provisional manufacturing licenses to final;” (3) requiring Defendant “to submit the required Owner Information Form and Request for Live Scan (or in the alternative to resign as a director and shareholder of Plaintiff) so that Plaintiff <005200510003004f004c00 0003000b0017000c0003[requiring Defendant �...

Excerpt: ...e to their experience and expertise in this area of law and that the settlement was an “excellent result.” In opposition, Defendant argues that this matter was a “routine lemon law matter” that does not merit the amount of fees sought by Plaintiff. Defendant argues that despite its routine nature, the matter took “twenty months” to resolve. Defendant notes that Plaintiff failed to counter the first § 998 offer, and only when a second...

Excerpt: ...ration Agreement was a product of fraud in the execution or inception. Defendants note that there are no allegations that Plaintiff “did not know what he was signing” or “thought he was signing <004a005800480003005700 004f0044004c00510057[iff is claiming fraud in the inducement—that this should be determined by the arbitrator and not the court. Plaintiff does not contest that he signed the arbitration agreement in Defendants' office. Plai...

Excerpt: ...he amount of $10,850 and costs in the amount of $90. Defendants Hot Socks and Haupt oppose, arguing that the Plaintiff should not be released from liability, nor awarded attorney fees. The Defendants argue that the Plaintiff breached her contract with the Defendants by making a payment to Defendant Thomas. The Defendants claim that the Plaintiff has improperly used this interpleader action, which has deprived them of timely payments. Further, the...

Excerpt: ...on will be decided at trial, not on a motion for leave to amend. Moreover, the Defendants have failed to demonstrate any prejudice by the proposed amendments. Plaintiff shall file and serve, either personally or by facsimile, the proposed complaint within three days of this hearing. The currently scheduled trial date is vacated. Appearances are required to address setting of trial. ...