Excerpt: ...ides that plaintiff will dismiss the action while the parties request the court retain jurisdiction to enter judgment under CCP §664.6 in the event defendant defaults on the settlement payments. That would have been the preferred course to vacating a judgment entered over six months ago, but as explained below, the court will exercise its equitable authority to vacate the judgment under the unique circumstances at bar. Six months has passed sinc...

Excerpt: ...ny judge or court unless made according to this section.” Here, plaintiff has failed to comply with CCP §1008(b), which states: A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when ...

Excerpt: ... beneficiaries of the Trust. Petitioner alleges Peter and Lydiaexertedundue influence over their mother and engaged in financial elder abuse. Specifically, she alleges the following causes of action: (1) recission and nullification of purported first amendment to trust; (2) constructive trust; (3) financial elder abuse; (4) demand for accounting by attorney-in-kind as to Peter S. Fanucchi; (5) <004b004c001e0003000b00 00470003004900520055[ a trust...

Excerpt: ...scovery completed and the stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement.” (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) “The inquiry ‘must be limited to the extent necessary to reach a reasoned judgment that the agreement is not the product of fraud or overreaching by, or collusion between, the negotiati...

Excerpt: ... rights and safety of others. “The trial court has discretion to allow amendments to the pleadings ‘in the furtherance of justice.' (Code Civ.Proc., § 473.) This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) “[A]bsent a showing of prejudice to the adverse party, ...

Excerpt: ...lude “[t]he title of the plaintiff as to which a determination under this chapter is sought and the basis of the title…” Based on the stipulated court order entered in the matter of the Errol E. Cropsey Revocable Trust in Sonoma County case number SPR-78788, the real property at issue in this action, 11871 Bodega Highway, Sebastopol, California, Assessor's Parcel Number 073-090-008, was deemed an asset of the Errol E. Cropsey Revocable Trus...

Excerpt: ...efault and default judgment. Plaintiff's request for judicial notice of the various documents filed in support of its request for entry of default judgment is granted as to the fact the documents were filed but not for the truth of the matters asserted therein. First, Latora argues he was not properly served with the summons and complaint in this action, therefore, the default and default judgment are void pursuant to CCP §473(d). As summarized ...

Excerpt: ...son, in his capacity as holder of durable power of attorney for healthcare and financial power of attorney. It contains an agreement to submit to non-binding mediation before taking any legal action, as well as a binding arbitration provision. Defendants Oakmont Mariner Point LLC, Oakmont Management Group LLC and William P. Gallaher move to dismiss this action on the grounds that plaintiff failed to fulfil the condition precedent of mediation and...