Excerpt: ...q., also known as the “Right to Repair Act,” apply in this case, which was not “original construction intended to be sold as an individual dwelling unit.” (Civ. Code §896, emphasis added.) Additionally, Uponor has not cited sufficient authority to show that, even if the Right to Repair Act applies, Uponor, as a product manufacturer, would have a right to stay or dismiss the action, or quash service of summons for lack of personal jurisdi...

Excerpt: ...PP”); and (4) Defendant's motion to strike Plaintiff's PAGA claims. 1. Motion to Compel PMQ Testimony Plaintiff's motion to compel Signature to designate the Person(s) Most Knowledgeable to testify regarding the topics referenced below is DENIED. In this motion, Plaintiff moves to compel Signature to designate a Person Most Qualified (“PMQ”) witness(es) to testify regarding a number of topics relating to Signature's corporate history of hea...

Excerpt: ...showing that one or more elements of each of these causes of action cannot be established or there is a complete defense to that cause of action. (Code Civ. Proc., § 437c(o)-(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 845.) Further, when the Court liberally construes Terry' evidence and resolves all doubts in her favor, Terry has presented sufficient evidence to show there are disputed questions of material fact on a number ...

Excerpt: ...demurrer. (Cal. Rules of Court, rule 3.1320(c).) Here, Respondent filed a Notice of Demurrer and a “Demurrer” which appears to in fact be a memorandum of points and authorities. However, Respondent has not filed a separate document that clearly identifies the specific claims challenged and the grounds for the challenge. Accordingly, the demurrer is technically defective. Notwithstanding this technical defect, the Court has considered the meri...

Excerpt: ... Defendant's demurrer was not filed until September 23, 2020, i.e., over nine months after service. Furthermore, the demurrer fails on its merits because the complaint alleges sufficient facts to state all causes of action. This case arises from a loan and promissory note whereby Plaintiff agreed to lend $20,000 to Advance Auto Finance, LLC (“AAF”) in return for 10% per annum interest payment over 36 months. (Complaint at p.3 and Ex. A.) The ...

Excerpt: ... for attorneys' fees and costs of $48,339.74. “A prevailing buyer in an action under the Song-Beverly Act ‘shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.'” (Morris v. Hyund...

Excerpt: ...laint ¶¶8, 11 and Ex. A.) The lease was eventually assigned to Plaintiff and Plaintiff now alleges that Defendants breached the lease, in part, by “failing to provide full possession absent interference of the Property in contravention of Plaintiff's rights under the Contract.” (Id. at ¶31.) In the complaint, Plaintiff asserts multiple causes of action, including the three above-referenced contract- based causes of action, against Rory; Da...

Excerpt: ...2011) 192 Cal.App.4th 1149, 1158–1159 [“a pleading made on information and belief is insufficient if it merely assert[s] the facts so alleged without alleging such information that lead[s] [the plaintiff] to believe that the allegations are true.”].) Proctor & Gamble's demurrer to Plaintiff's sixth cause of action for negligence is SUSTAINED, with leave to amend, on the grounds the cause of action is duplicative. (See, Palm Springs Villas I...

Excerpt: ...t for monetary sanctions is DENIED. With respect to requests 139-146, 148 and 222, the Court notes that Defendant provided supplemental responses on October 9, 2020, after the motion was filed. Thus, the supplemental responses restart the clock for the parties to meet and confer and if necessary, for Plaintiff to file a motion to compel. (See, Code Civ. Proc. §2030.300(c) [deadline for filing motion to compel runs from date of service of respons...

Excerpt: ...sical examination, the defendant must obtain leave of court. (Code Civ. Proc. §2032.310(a).) A motion to compel an additional physical examination must “specify the time, place, manner, conditions, scope and nature of the examination, as well as the identity and specialty, if any, of the person or persons who will perform the examination…” (Code Civ. Proc. §2032.310(b).) Additionally, the defendant must make a showing of “good cause” ...

Excerpt: ...stipulation and proposed order. Code of Civil Procedure section 436 states that “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed on conformity with the laws of this state, a court rule, or an order of the court.” (Code...

Excerpt: ...ection 436 states that “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed on conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc. §436.) “A motion to strike, like a demurre...

Excerpt: ...aration of fault, the relief is “mandatory” and the trial court has no discretion to deny a motion.]; see also, Abers v Rohrs (2013) 217 Cal.App.4th 1199, 1210; SJP Ltd. Partnership v City of Los Angeles (2006) 136 Cal.App.4th 511, 516–517.) Here, the Declaration from Erin B. Carlstrom is sufficient to establish that the defaults in this case were entered as a result of attorney error in calendaring the date for a response and therefore, re...

Excerpt: ...OVERRULED as to Petitioner's fourth cause of action for promissory estoppel. The demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND, as to the fifth cause of action for intentional interference with a contract. 1. Petitioner's First and Third Causes of Action Fail Because the Underlying “Family Agreement” is Unenforceable Under Former Probate Code Section 150. Petitioner's first cause of action is brought under Probate Code section 850 and is base...

Excerpt: ...case is set for a Case Management Conference on Thursday January 14, 2021 at 3:00 P.M. in Department 18. No appearances will be required at the Case Management Conference if the case has been transferred by that time. 1. Venue is Proper in Orange County. The Probate Code states that the proper county for commencement of a proceeding “[i]n the case of a living trust, is the county where the principal place of administration of the trust is locat...

Excerpt: ...g to file and serve a first amended cross-complaint. 1. Tenant Alleges Sufficient Facts to State a Cause of Action for Implied/Equitable Indemnity. In this case, Plaintiffs purchased the commercial property from sellers in February 2019 and Broker acted as the dual agent for the sale. (First Amended Complaint at ¶¶5, 8-9.) As of the date of the sale, Tenant was a commercial tenant who operated a body shop on the property. (Id. at ¶¶ 10, 13.) ...

Excerpt: ...The parties do not dispute that Plaintiffs are entitled to attorneys' fees under Civil Code section 1794(d), however, Defendant contests Plaintiffs' attorneys' hourly rates and the time they expended in this action. While the Court finds that some of the various hourly rates charged by Plaintiffs' fifteen attorneys from two different law firms are generally “reasonable,” some are far in excess of those of the local community. Regardless, the ...

Excerpt: ...he complaint on the same grounds as the demurrer is MOOT. The Court refers Plaintiff to Code of Civil Procedure section 372(a) which provides in part that “[w]hen a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding...

Excerpt: ...rt that Defendant “negligently failed to exercise the proper degree of knowledge and skill in examining, diagnosing, treating, and caring for Plaintiff with respect to his custodial and medical needs, as set forth in this complaint, as a proximate result of which Plaintiff sustained injury to his body, and in his health, strength, and activities, and sustained injury to his mental health and shock and injury to his nervous system, all of which ...

Excerpt: ...s to Plaintiff's causes of action, the motion is denied without leave to amend. The Code provides that a plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §438(c)(1)(A).) “The grounds for a motion for judgment on the pleadings mu...

Excerpt: ...rt, which was not the trial court, has the ability to hear and determine the motion.” (See, Court's July 15, 2020 Minute Order.) The Court stated that it's “[v]iew is that the parties have the right under CCP section 635 to request the Presiding Judge, or his designee, enter judgment in conformity with the trial judge's Statement of Decision, and nothing more. However, as this issue was not addressed by the parties, the matter is continued to...

Excerpt: ... final ruling. 1. Abbott Fails to Allege Sufficient Facts to State her Fourth and Fifth Causes of Action for Fraud and Negligent Misrepresentation. The elements of a cause of action for fraud are (1) a misrepresentation, meaning false representation, concealment, or nondisclosure; (2) knowledge of falsity; (3) intent to induce reliance; (4) justifiable reliance; and (5) resulting damage. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4t...

Excerpt: ...ated in part that “the property subject to the Writ of Possession has a market value of approximately $10,000.00” and any bond should be “in an amount not to exceed $10,000.” (Original Reply at 2:4-5 and 5:18-19.) In its minute order, the Court stated as follows: The appropriate bond amount is addressed only for the first time in the reply, giving the defendants no opportunity to respond. This is particularly unfair as a substantial porti...

Excerpt: ...24- 25.) Plaintiffs explain that Defendants recently acquired a permit to convert a residential property to a cannabis cultivation facility and “[a]llowing such use would increase the amount of traffic on the road, change the type of traffic from passenger to commercial vehicles, and expand the hours that the road is in use.” (Id. at 4:9-11.) Plaintiffs spend the majority of their motion arguing the merits of their underlying claims to limit ...

Excerpt: ... limitations under Government Code section 12960, Plaintiff has presented sufficient evidence to show disputed issues of fact with respect to her claim of equitable tolling of all causes of action. Based on this evidence, a reasonable trier of fact could find that Plaintiff has met the elements for equitable tolling and thus, her action would be timely. Therefore, the motion for summary judgment or summary adjudication is denied. “The statute o...

Excerpt: ...ntiff's briefs. Ford claims that the information in these documents is confidential and the documents were disclosed in violation of multiple stipulated protective orders entered between the parties in three other cases. Ford contends it has not produced these documents to Plaintiff in this litigation and Plaintiff could have only acquired them through other proceedings that are subject to a protective order. (Ford filed a third motion to exclude...

Excerpt: ...50 which she incurred to object to Keel's motion and $1,402.50 to bring this motion for sanctions. Keel has not filed an opposition to the motion. Darling's motion is GRANTED. Keel is ORDERED to pay $1,402.50 total in sanctions to Darling, which includes $676.50 related to Darling's objection to the initial motion and $726 in attorney's fees (3 hours at $165/hour and .6 hours at $385/hour). The Court finds this amount reasonable under the circums...

Excerpt: ...on a final draft. (Id. at Exs. A-E.) In this motion, Plaintiffs seek an order compelling Defendants to sign Plaintiff's most recent draft. (Id. at Ex. E.) Defendants have not filed an opposition to the motion. After reviewing Plaintiffs' brief and supporting documents, the Court rules as follows: Plaintiffs' Request for Judicial Notice of the “Sonoma County Superior Court Closure Due to COVID-19 Local Emergency Press Release, dated March 16, 20...

Excerpt: ...resort to sources of reasonably indisputable accuracy.” (Evid. Code §452(h).) Here, the parties' respective ownership interest in the manufactured home is disputed and is not capable of “immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Thus, judicial notice is not proper. (See, Herrera v. Deutsche Bank Nat'l Tr. Co., 196 Cal.App.4th 1366, 1374 [trial court could not take judicial notice of dis...

Excerpt: ...ants James Mackenzie, Michael Hines, and Paul Harper (collectively “Defendants” or “individual Defendants”) demurrer to the second cause of action for fraud/misrepresentation; seventh cause of action for intentional infliction of emotional distress (IIED); eighth cause of action for conspiracy; ninth cause of action for invasion of privacy; and tenth cause of action for defamation on the grounds Plaintiff fails to allege sufficient facts ...

Excerpt: ... in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. The Motion for Relief is GRANTED. Defendant's counsel has sufficiently established the failure to properly number the responses one through seven was a result of inadvertence. Plaintiff Richard Abel moves for an order compelling Defendant Sunderland/McCutchan to serve full and complete code-compliant verified responses, without objections, to Plaintiff'...

Excerpt: ...tiffs consider the response to request No.51 defective. Plaintiffs move the court to compel Defendant Abdallah to provide further responses, a privilege log, and documents in response to request number 51 in Plaintiffs' request for production. When a propounding party is dissatisfied with responses to interrogatories or production requests, that party may move to compel further responses. CCP sections 2030.300, 2031.310. The moving party must mak...

Excerpt: ...ntiff and the Aggrieved Employees to take their meal periods and rest periods in violation of California Law. Defendants also failed to pay Plaintiff and the Aggrieved Employees all earned and unused and accrued vacation time at their final rate of pay at the time of their termination.” (Complaint at ¶13.) Plaintiff also alleges that “[t]hroughout the time period involved in this case, Defendants have implemented policies and practices which...

Excerpt: ...erty. (Id. at ¶11.) However, on June 25, 2016, McChesney told Plaintiffs they should contact Janice Cader-Thompson (“Defendant”) because Defendant was McChesney's “advisor.” (Id. at 12.) Plaintiffs spoke with Defendant who explained that she was concerned about certain terms in the sale agreement and she would set up a meeting with McChesney to “try to renegotiate [a] reverse mortgage with the mortgage company…before escrow was close...

Excerpt: ... exist; and (2) if such agreements are found to exist, the court will GRANT the motions and compel arbitration. The Court also finds it is appropriate to order limited mutual discovery on the issue of the execution of the arbitration agreements in anticipation of the evidentiary hearing. This matter is stayed in all other regards and calendared on the Case Management Calendar on September 22, 2020 at 3:00 p.m. for setting of the evidentiary heari...

Excerpt: ...s “court records” pursuant to Evidence Code section 452(d) is denied. Defendants fail to provide a basis for finding that the transcripts fall under the category of court records. And, even if the Court were to take judicial notice of reporter's transcripts, it would not be of the truth of “facts” therein so the relevance of the transcripts is then questionable. (See e.g., Ross v. Creel Printing & Publishing Co. (2002) 100 Cal.App.4th 736...

Excerpt: ...ed a verdict in favor of Badger finding that his sister, defendant Jean Terribilini, had committed a nuisance. Plaintiff moves for reimbursement of attorney fees and costs he incurred in proving that he has an implied easement and an irrevocable license to continue drawing water from a source on his sister's parcel to supply his own, adjoining property. Specifically, he argues that Terribilini should have admitted Requests for Admissions (“RFAs...

Excerpt: ... defendant file an ex parte application to exceed the page limit. This application was opposed. The Court, Judge Wick, denied defendant's application. Rather than file a corrected points and authorities, defendant filed another ex parte application to exceed the page limit on April 15, 2020, which was processed and entered into the court's system on April 30, 2020. The application was again opposed. In light of the pandemic related court closure,...

Excerpt: ...r costs and attorney fees in favor of defendant after her demurrer was sustained without leave to amend. The total amount of the judgment is $33,012. Plaintiff has filed an appeal and defendant now urges the court to exercise its discretion under CCP §917.9(a)(3) and order plaintiff to post an undertaking to stay enforcement of the judgment. After this action was filed, Power discovered that in 2011, the California State Bar had issued a Notice ...

Excerpt: ... to return to public safety officer duties and had limited him to office work. This was significant to plaintiff's ability to prove many of his claims since it meant he was unable to do any field work (an essential function of his police sergeant position), even with reasonable accommodation. In 2019, plaintiff denied the following requests for admission: No. 1: “Your medical restrictions precluded you from performing the essential functions of...

Excerpt: ... former employees of Black Bear Diner in Rohnert Park. Plaintiffs Amanda Wolf, Claudia Cairo, Monique Cortes-Arcos, and Lena Sheridan allege claims based on sexual assault, sexual discrimination and pregnancy discrimination. Jose Bustillos' claims are based on his status as a whistleblower who reported to BBDI the alleged abusive treatment of women at the diner as well as alleged health and safety violations. Plaintiffs' Evidentiary Objections Pl...

Excerpt: ...e court finds defendant has failed to establish that responding pursuant to CCP §2030.230 is sufficient under the circumstances. CCP § 2030.230 provides: If the answer to an interrogatory would necessitate the preparation or the making of a compilation, abstract, audit, or summary of or from the documents of the party to whom the interrogatory is directed, and if the burden or expense of preparing or making it would be substantially the same fo...

Excerpt: ...2) conversion; (3) breach of contract; (4) breach of implied covenant of good faith and fair dealing; (5) breach of duty of loyalty; (6) tortious interference with economic relations; (7) fraud; (8) trade libel; and (9) unfair competition. As alleged in the complaint, AMLG is doing business in Sonoma County, and Henderson was at all relevant times residing in Monterey County. (Complaint, ¶¶3&4.) Henderson moves to change venue from Sonoma Count...

Excerpt: ...e. Defendants move for summary adjudication of the second cause of action, which seeks to quiet title based on plaintiffs' alleged adverse possession of a portion of the real property that has been improved over the years. “The elements of adverse possession are as follows: ‘(1) Possession must be by actual occupation under such circumstances as to constitute reasonable notice to the owner. (2) It must be hostile to the owner's title. (3) The...

Excerpt: ...of judgment. Southern Response's motion is fully briefed and the court finds it appropriate to advance the motion to be heard concurrently with plaintiffs' motion for final approval. Accordingly, the court provides a tentative ruling on both motions below. Defendant Southern Response's Motion for Leave to File Cross-Complaint Southern Response does not oppose, in principle, the class action settlement between plaintiffs and defendant Interstate R...

Excerpt: ...nfidential as they must be reviewed in camera and the contents of the certificates can only be revealed to a prevailing defendant at the conclusion of litigation as specified in subdivision (p) of CCP §340.1. California Rule of Court 2.585 governs confidential in camera reviews and states: (a) Minutes of proceedings If a confidential in-camera proceeding is held in which a party is excluded from being represented, the clerk must include in the m...

Excerpt: ...leges she suffered injuries because the Feeneys failed to “ensure guests left their premises safely.” Specifically, per the complaint, the Feeneys failed to prevent plaintiff from being injured in a fight in their driveway and to organize transportation for plaintiff from their home after the party. Plaintiff also alleges the Feeneys served alcohol and drugs to their guests. The Feeneys move for summary judgment on the ground that plaintiff c...

Excerpt: ...ant Superintendent, the school district acknowledges receiving the summons and complaint but believed plaintiff's appeal of its decision was “closed” and that the matter had been concluded. Therefore, the complaint was simply filed in the file related to plaintiff's case and was not forwarded to the district's counsel or claims administrator. (See Mizera Decl., ¶¶ 14-16.) Accordingly, defendant's motion is granted and it shall file a respon...

Excerpt: ...e absence of any request for relief under those grounds…[W]hen faced with a motion for relief under section 473, the trial court does not have to consider the availability of relief under the mandatory provision unless such relief is requested in an appropriate manner.” (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1126.) “A basic principle of motion practice is that the moving party must specify for the court and the opposing party the g...

Excerpt: ...for reconsideration and that the instant demurrer should be sustained for the same reasons as the last. In the opposition, petitioner Rowley “acknowledges that the Court's reasoning in its order sustaining the [previous] demurrer appears to apply to the amended [petition]. Rowley believes, with all due respect, that the Court's reasoning was mistaken…” (Rowley's Opposition, p. 1, lines 8-10.) The Court remains unpersuaded by Rowley's positi...

Excerpt: ...e function of a cross- complaint in the (now) consolidated civil action. Indeed, Objector's opposition seems to treat this single document, filed before consolidation of these actions, as both an Objection and cross-complaint. The First Amended Will Contest also seeks to find Petitioner Launay “guilty” of elder abuse, or undue influence, a function only retained by a criminal court. It also seeks some unspecified affirmative relief for violat...

Excerpt: ...ey fees and costs. This is a lemon law action involving violations of the Song-Beverly Act. Shortly before trial, defendant FCA US LLC accepted plaintiff's CCP §998 offer in the amount of $142,000. It is undisputed that plaintiffs are the prevailing party in this case and that they are entitled to reasonable attorney fees, costs and expenses. (Code of Civil Procedure §1032(a)(4); Civil Code §1794(d).) The calculation of reasonable attorney fee...

Excerpt: ...e or tax costs. This agreement must be confirmed in writing, specify the extended date for service, and be filed with the clerk. In the absence of an agreement, the court may extend the times for serving and filing the cost memorandum or the notice of motion to strike or tax costs for a period not to exceed 30 days.” According to the email exchange between counsel attached to the filed stipulation, it is plaintiff who proposed December 6 th as ...

Excerpt: ...whistleblowing regarding his co-workers' misconduct. Requests for Judicial Notice The City's unopposed requests for judicial notice of the complaint and California Government Code §1031 are granted. Evidentiary Objections Plaintiff's objection to Paragraph 13 of and Exhibit “C” to the Masterson Declaration is overruled. The City's objection to the Williams, Krauss and Labno Declarations are sustained. The City's objection to excerpts of plai...

Excerpt: ...that defendants Aid for Starving Children, Monte Wilson, Joseph Spiccia, Jeffrey Baughman, Warren Hayes, Lane Phillips, and Paul Kelly have for years improperly reported and characterized Gift-in-Kind donations (primarily pharmaceuticals) as revenue, leading to misrepresentation of the percentage of dollars spent on donations actually going to feed starving children and their families. Specifically, paragraph 26 of the complaint states: From May ...

Excerpt: ...o their CCP §998 offer to compromise. The stipulation called for the real property sale to have a listing price of $3,500,000 with a minimum sale price of $3,200,000. Additionally, the stipulated judgment provided that “the sale will be conducted by a real estate broker selected by the court or one mutually agreed to by the parties if such an agreement is reached…” (Ex. A to Kelly Decl.) Plaintiffs argue that defendants have refused to hon...

Excerpt: ... action is STAYED as to defendant Jacob Johnson based on his June 26, 2019 bankruptcy filing and September 3, 2019 Notice of Stay of Proceedings. (See, 11 U.S.C.A. §362(a)(1).) In this action defendant Mother Lode Brewing LLC, dba 101 North Brewing Company agreed to lease certain equipment from Innovative Lease Services, Inc. (“Innovative”) in exchange for payments over a 50-month term. Innovative subsequently transferred all “rights, titl...

Excerpt: ...rial date is set, or 70 days before that trial date, whichever is nearer the date. The exchange must occur 20 days after the demand or 50 days before the initial trial date, whichever is later.” (Perry v. Bakewell Hawthorne, LLC (2017) 2 Cal.5th 536, 539.) Here trial was initially set for April 12, 2019 on July 27, 2018. As reasoned in Perry: “A party may not raise a triable issue of fact at summary judgment by relying on evidence that will n...

Excerpt: ...bership meeting of Sports Equity Partners, LLC was defective because it failed to comply with the LLC operating agreements and California Corporations Code section 17704.07(h)(1). (Petition, ¶23.) Is short, Rowley, a manager on the board, contends one agenda item described only as “Consideration of possible removal of a manager” was too ambiguous. He objected on that ground before the meeting. (Petition, ¶18.) Specifically, Rowley questione...

Excerpt: ...onal misrepresentation; (4) negligent misrepresentation; (5) negligence; (6) elder financial abuse; and (7) violation of Business and Professions Code §17200, et seq. Plaintiffs seek damages as well as injunctive relief. Nationstar demurs to all plaintiffs' claims on the ground that they have failed to state a cause of action. Nationstar's unopposed request for judicial notice of recorded documents is granted. As an initial matter, the court not...

Excerpt: ...ation may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was served not less than three days prior to filing the petition, pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civ...

Excerpt: ...s sale of plaintiff's real property <0057004b00480003004600 00560048005400580048[ntly issued a written ruling denying plaintiff's motion for a preliminary injunction. The court found plaintiff had failed to establish she would prevail on the merits. Plaintiff filed the FAC shortly thereafter. The FAC appears largely the same as the <0047004800470003002d00 0026004b004400560048[ Bank, NA as a defendant. Plaintiff's claims against defendants general...

Excerpt: ...tion [1] for terminating sanctions is GRANTED. Susan Dean Ridge is the only remaining plaintiff in this action. Pursuant to CCP§2023.030(d), FPI Management moves for terminating sanctions on the ground that Ridge has disobeyed two prior court orders to respond to discovery and pay monetary sanctions. FPI Management further asserts that it first propounded written discovery over a year ago, Ridge has repeatedly missed deadlines, delayed the progr...

Excerpt: ...wes no such debt. When Cedars contacted defendant on December 17, 2018 via letter trying to collect on the debt, defendant found Cedars website and emailed a request to customer service for details and documentation to support the claim. He received no response so he emailed Cedars again on December 20, 2018 and January 15, 2019. He also went online to learn more about Cedars and contends he discovered that many customers had left reviews claimin...

Excerpt: ... with his reply. Marc and Mary Durand are married but legally separated. The judgment of legal separation deems the real property where their family home was located as Ms. Durand's separate property. The residence was later destroyed by fire. Plaintiff claims an insurable interest in the insurance proceeds. He filed this action to recover a portion of the insurance money and he now moves to disqualify Mr. Culver from representing Ms. Durand. It ...

Excerpt: ...1 is DENIED. The unopposed requests for judicial notice are granted. The court declines to rule on the parties' evidentiary objections as they are not material to the court's ruling on this discovery motion. As an initial matter, Maciel failed to file a separate statement in support of his motion to quash as required under California Rules of Court, Rule 3.1345(a)(5). It is within the court's discretion to deny the motion for his failure to compl...

Excerpt: ...ome for profit. Per the Stewarts, they would have negotiated a higher sale price had they known investors were involved. Defendants demur on the ground that the Stewarts have failed to state a cause of action for breach of contract because they have not identified whether the alleged contract is written or oral; what the terms of the contract are; any facts constituting a breach of that contract; or any recoverable contract damages. Defendants al...

Excerpt: ...to slash the fee award because he believes defendants' counsel “block billed.” Plaintiff also unnecessarily attacks defendants' counsel's integrity. On that note, Defendants' evidentiary objections to the declaration of Plaintiff's counsel Rivers are sustained. “California case law permits fee awards in the absence of detailed time sheets. (Sommers v. Erb (1992) 2 Cal.App.4th 1644, 1651 [4 Cal.Rptr.2d 52]; Dunk, supra, 48 Cal.App.4th at p. ...

Excerpt: ...ntified any prejudice she suffered from the purported defects, if any. Accordingly, the Court will rule on Miller's motion. <0003005300550052004500 005200510003005a0044[s later filed by decedent's sister Debra Rosmarin (“Rosmarin”). Decedent's friends Sue Thor and Anita Veltre also filed probate petitions in the case. Rose Miller is decedent's surviving spouse and Rosmarin, Thor and Veltre claim in their probate petitions that the version of ...

Excerpt: ...However, while the attorney fees and costs awarded in a recent lemon law case in the Sonoma County Superior Court involving the same counsel may be relevant here, the court notes it is not bound by a trial court's decision. “[A] written trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4 th 819, 831.) The court finds reasonable rates in this community for attorneys who have approxima...

Excerpt: ...e states he cannot do so if his ingress and egress is blocked by McCharen's vehicle. Obert previously filed a quiet title action against McCharen, which was resolved by a formal settlement agreement between the parties in January 2019. Per the agreement, McCharen was to remove a gate across the easement, part of a deck, a wood pile and some fencing that encroached on Obert's property. McCharen states in her declaration that her parcel is landlock...

Excerpt: ... a court ruling issued in Sonoma County Superior Court case SCV-255664 is granted. Plaintiff's unopposed request for judicial notice is granted. The court notes that it only takes judicial notice of the fact the documents were filed or particular orders were made. The court does not take judicial notice of the truth of the matters asserted in the documents. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1565.) This is a legal malpractice action al...

Excerpt: ...fic facts showing good cause justifying the discovery sought...”].) The parties appeared at the hearing and informed the Court that a stipulation and order had been submitted requesting a continuance of the hearing to June 5, 2019. The Court indicated that the order continuing the hearing would be signed once received. The Order continuing the hearing to June 5, 2019 was signed on May 22, 2019. On the Court's own motion, the hearing was subsequ...

Excerpt: ...dant Expert Plastering, Inc. (“Expert”) is the stucco subcontractor. Defendant CTS Cement Manufacturing Corporation (“CTS”) produced the stucco cement used by Expert. Expert moves for summary judgment or adjudication of all plaintiff's claims on the ground they are time-barred. Plaintiff and CTS have both filed opposition to Expert's motion. Construction on plaintiff's home was completed on August 24, 2005. It is undisputed that bubbling ...

Excerpt: ... Nursing Officer (“CNO”) for defendant Aurora Behavioral Healthcare-Santa Rosa, LLC(“Aurora”). Brooke alleges she was wrongfully terminated after six months and suffered retaliation from Aurora for internal and external whistleblowing primarily related to hospital staffing levels. Defendants Aurora and Signature Healthcare Services, LLC now move for summary judgment of Brooke's claims, or in the alternative, summary adjudication of the fo...

Excerpt: ... of business in Chattanooga, Tennessee. Defendants are in the business of providing animal processing services throughout North and South America and Chavez alleges they employed him as a sanitation worker in California. According to Vincit's website, it is a “single source provider” with a “network of eight member companies that delivers maximum efficiency through vertical integration.” QSI is listed as one of Vincit's eight member compa...

Excerpt: ...ert plaintiff's objections are waived and monetary sanctions should be ordered. Relying on Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, plaintiff contends that his objections need not be verified therefore he did not waive his right to object. In Food 4 Less, the court framed the issue, and reasoned as follows: What then is the appropriate procedure if a party tenders a hybrid response containing objections and fact...

Excerpt: ...damages. In the form complaint, plaintiffs allege the following causes of action: (1) breach of contract; and (2) common counts. Defendant demurs to both causes of action. He argues plaintiffs have failed to state a cause of action and that the claims are uncertain because the form complaint is not correctly filled out. He also asserts that the promissory note and letter of intent, which are attached to the complaint, have been superseded by an a...

Excerpt: ... violation of GC § 12940(h) (retaliation); 3) violation of GC § 12940(k) (failure to prevent harassment); 4) negligent infliction of emotional distress; 5) breach of the implied covenant of good faith and fair dealing; 6) constructive discharge; 7) violation of California Wage Orders and Labor Code- overtime; and 8) violation of California Wage Orders and Labor Code- meal and rest breaks. This matter is on calendar for the demurrer by Defendant...

Excerpt: ...ppeared at the trial in this debt collection action and the court dismissed the case with prejudice for lack of prosecution. Plaintiff now moves for discretionary relief vacating the dismissal on the ground of excusable mistake based on the court's purported “administrative error.” According to plaintiff's counsel Jason Tang's declaration, counsel never received notice of the trial date from the court. Plaintiff's counsel states he only disco...

Excerpt: ... L&V provided that, “Client acknowledges that Stephen Power has agreed to pay for legal services performed by L&V and authorized L&V to invoice and collect from Mr. Power. Client acknowledges that Client shall be responsible for any fees and costs not paid by Mr. Power or his designee.” (Exh. A to Second Amended Complaint.) L&V filed suit against Stephen Power (Patricia's cousin-in-law) in Solano County Superior Court to recover unpaid attorn...

Excerpt: ...gs, intentional infliction of emotional distress. Per plaintiffs, “[d]efendants orally uttered to others, or caused to be published words which tended directly to injure Heyman and Patterson with respect to their office, profession, trade or business.” (SAC, ¶187.) Specifically, plaintiffs allege the following conduct by defendants in the intentional infliction of emotional distress cause of action: On information and belief, plaintiff alleg...

Excerpt: ... the expectation and mutual understanding with Plaintiff that Plaintiff would retain and substitute new counsel, and Plaintiff's counsel thereafter failed to calendar and track the action. Plaintiff did not obtain new counsel and counsel lost touch with Plaintiff. Plaintiff and counsel have re-established contact and Plaintiff's counsel has agreed to seek relief from the dismissal and proceed with the case. The Motion is GRANTED. CCP § 473(b) pr...

Excerpt: ...ment. Ravina objects on the ground that the release in the settlement agreement is overly broad because it releases civil and statutory penalties “that have been or could have been asserted by Plaintiff, Plaintiff's Counsel or any Class Member arising out of or relating to the Action.” Per Ravina, plaintiff in this action must have at least alleged claims supporting civil and statutory penalties if she is going to include a release of them as...

Excerpt: ...es not dispute this but simply argues Form Interrogatory 15.1 is “premature” because the parties are in the “midst” of discovery. She further asserts her responses are substantive since they relate to plaintiffs' core claims regarding habitability of the rental home. Plaintiffs have a right to conduct discovery to investigate the defenses asserted in response to the Complaint and to prepare their case for trial. (Emerson Electric Co. v. S...

Excerpt: ...f claims since she filed her complaint. Her former supervisor, defendant Robert Millhouse, now demurs to the only remaining cause of action alleged against him: intentional infliction of emotional distress. As stated in Hughes v. Pair (2009) 46 Cal.4th 1035, 1050–1051: A cause of action for intentional infliction of emotional distress exists when there is “ ‘ “ ‘(1) extreme and outrageous conduct by the defendant with the intention of c...

Excerpt: ...l); 2) violation of Federal Fair Housing Laws; 3) violation of the California Fair Employment and Housing Act; 4) violation of the Unruh Civil Rights Act; 5) unfair business practices (based on discrimination and attempts to increase Plaintiff's rent in violation of Cal. Pen. Code § 396); and 6) negligence. This matter is on calendar for a motion by Plaintiff to consolidate this case with the later-filed unlawful detainer action brought against ...

Excerpt: ...with respect to settling the underlying personal injury are “absolutely privileged” under Civ. Code § 47(b). Defendants assert that any causes of action are subject to strike under CCP § 425.16(e). Defendants also argue that Plaintiff cannot demonstrate a likelihood of success on the merits because the Complaint is barred by the doctrines of collateral estoppel and/or res judicata. Plaintiff opposes, arguing that Defendants false statements...

Excerpt: ...s conduct. In turn, however, Griffin has failed to meet her burden of submitting some showing that the medical records sought are not directly related to the issue she has tendered in court not limiting the records produced to no more than three years prior to March 31, 2018 is appropriate. Griffin has put her loss of earnings and the reason for her alleged constructive termination at issue by bringing this action, and Barich has a legitimate and...

Excerpt: ...the pleading stage. Plaintiff Ravina is a settlement class member in Hugh, but she has opted out of the settlement class in Hugh. CCP §1048(a) provides: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to av...

Excerpt: ...998) 67 Cal.App.4th 1253, 1255.) As argued by defendant, broad allegations that a defendant acted maliciously and willfully are insufficient. (Austin v. Regents of University of California (1979) 89 Cal.App.3d 354, 359, disapproved on other grounds by Ochoa v. Superior Court (1985) 39 Cal.3d 159.) To warrant punitive damages, the act complained of must be willful, in the sense of intentional, and must be accompanied by aggravating circumstances, ...

Excerpt: ...the motion within thirty (30) days of service of the Court's final ruling. Plaintiff has demonstrated “good cause” for the requested documents and has stated sufficient facts showing that the information sought is “relevant” to this case and will “reasonably assist…in evaluating the case, preparing for trial, or facilitating settlement…” (Code Civ. Proc. §2017.010; see also, Lopez v. Watchtower Bible & Tract Society of N.Y., Inc....

Excerpt: ... Timber Cove Properties subdivision. By this complaint, plaintiffs seek, inter alia, a judicial determination that plaintiffs have a right to use and maintain the portions of the pedestrian and equestrian easements that traverse the parcels owned in fee by defendants ANN VERNON, RUSSELL SMITH and MERIN S. MC CABE.” (FAC, ¶1, fn. 1 omitted.) Specifically, the following causes of action are alleged in the FAC: (1) to quiet title to private easem...

Excerpt: ...ngs and the alleged taking of plaintiff's personal property. Defendant Bettencourt is the Administrator of the Estate who filed the unlawful detainer and defendants Jensen and Blonski are attorneys who represented the parties in the eviction case. Per CCP §391.1: “In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the...

Excerpt: ...3d 1045, 1047.) Despite this, there are a number of considerations unique to this case that support the court's finding that allowing this amendment now is not in the furtherance of justice. The court ordered on February 9, 2018, that Mr. Maciel shall not act as agent to either Joseph or Judith Gappa (Joe or Judy) under any durable powers of attorney, or in any fiduciary capacity on behalf of either of them or their trust. The only remaining basi...

Excerpt: ...art of the settlement in the Personal Injury Case, Defendants fraudulently under declared their net worth in order to induce Plaintiff into taking a lower settlement. Plaintiff alleges that had Defendants declared their true net worth he would not have agreed to the settlement in the Personal Injury Case. Demurrer to Answer Plaintiff contends that Defendants' Answer to the Complaint contains 35 affirmative defenses “which are uncertain, unsuppo...

Excerpt: ...um of $1,000 per month of unpaid rent arising from occupancy of the Trustor's real property, from 2010 to the Trustor's death. All deduced rent amounts shall than [sic] be added to the share passing to LYNDA CATENACCI, pursuant to the provisions of Section 4.02(B)(2) below.” (Amended Petition, ¶9.) However, the petitioner does not state what construction he would have the court impose, or whether that is contrary to the other party's construct...

Excerpt: ... opposition declarations. Such evidence is improper. As CCP §437(a) provides: “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” The complaint in this action alleges one cause of action for declaratory relief as to the parties' respective insurable interests in the subject real property. Defendant moves to strike various allegatio...

Excerpt: ...laintiff's allegations that Defendant acted in bad faith and in violation of the law during a loan modification review process. Plaintiff's underlying Complaint states five causes of action. First, Plaintiff asserts a cause of action under Civil Code section 2924.11 based on Defendant's alleged “dual tracking” violations. Specifically, Plaintiff alleges that Defendant “dual tracked” the foreclosure process by recording a Notice of Trustee...

Excerpt: ...ubdivision (d) of Section 473 for lack of proper service of the summons and complaint. Subdivision (b) of CCP §473 states in pertinent part that: “the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the...