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: ...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...