Excerpt: ...s caused by her witnessing DOE being forced to come off the school bus naked. Dillard has already submitted to a psychological testing (by stipulation) administered by Dr. Hooker. By way of this motion, defendants request the following: (1) an order compelling plaintiff DOE to submit to neurocognitive testing performed by defense expert Dr. Amanda Steiner; (2) an order compelling plaintiff DILLARD to submit to a psychiatric interview by defense e...

Excerpt: ... Conklin (the “Conklins”), in their capacities as trustees of the Conklin Living Trust dated September 4, 1998, Umpqua Bank, Old Republic Title Company, Thomas M. Reddy (“T. Reddy”), Catherine Reddy (“C. Reddy”), in her capacities as trustee of the Munro Lyeth “A” Trust dated February 5, 1991 and trustee of the Catherine Lyeth Reddy Revocable Trust, Stearns Lending, Unusource National Lender Services West, LLC, Mortgage electronic...

Excerpt: ...lendar for Defendant's demurrer to both causes of action within the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(b) for lack of standing, and against the second cause of action pursuant to CCP § 430.10(e) for failure to state facts sufficient to constitute a cause of action. As to the first cause of action, the Demurrer is OVERRULED. The Demurrer to the second cause of action is SUSTAINED with leave to amend. I. Legal Standards A d...

Excerpt: ... cancellation of promissory note due to voidable transaction, cancellation of membership interest due to void transaction, quiet title claims, and declaratory relief. This matter is on calendar for the motion by Plaintiffs to compel inspection directed at the document requests set forth in Plaintiffs' second demand for inspection (the “DFIs”), and the motion by Plaintiffs for evidence, issue and monetary sanctions due to Defendant's failure. ...

Excerpt: ... demurrer, since there was a good faith disagreement as to whether exceptional circumstances must be pleaded. Counsel for Cross-defendants shall submit a written order to the court consistent with this ruling and in compliance with California Rules of Court, Rule 3.1312. DISCUSSION: Cross-defendant's demur to Cross-Complainant's First Cause of Action for Breach of Contract on the grounds that it fails to state facts sufficient to constitute a cau...

Excerpt: ...s follows: Item No. 8.b, expert fees for Jeff Mallan and Christine Davis in the amount of $3,700.00; Item No. 4, deposition costs of non- parties Michelle Richards and Deborah Tjaden in the amount of $1,638.01; Item 14, eFees from electronic filing service provider in the amount of $452.79; and, Item No. 1, filing and motion fees in the sum of $60.00. If the items appearing in a cost bill appear to be proper charges, the burden is on the party se...

Excerpt: ...e § 437c, subdivision (p) dictates that “[a] cause of action has no merit if . . . [o]ne or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.” A defendant meets its burden by presenting affirmative evidence (such as declarations, discovery responses and/or deposition testimony) negating, as a matter of law, an essential element of plaintiff” s claim. (Guz v. Bechtel Na...

Excerpt: ...perty to Plaintiffs and that Defendant Stacy Cooper-Galluzi also acted as Plaintiffs' agent in connection with the sale, and that Individual Defendants falsely represented that there was no history of flooding of the Property on the Real Estate Transfer Disclosure Statement, which Plaintiffs relied on, that Defendants did not inform Plaintiffs of the importance of the Natural Hazard Disclosure Report (which indicated that the Property was in Zone...

Excerpt: ...§ 12940(m)); 3) disability discrimination- failure to engage in good faith interactive process (GC § 12940(n)); 4) retaliation (GC § 12940(h)); 5) harassment based on disability (GC §§ 12940(a) and 12940(j)); and 6) failure to prevent harassment, discrimination or retaliation (GC § 12940(k)). This matter is on calendar for Defendant's demurrer to each cause of action on the grounds that it fails to state facts sufficient to constitute a cau...

Excerpt: ...intiff with causes of action for fraud, breach of contract, intentional interference with contractual relations, and negligent interference with prospective economic relations.This matter is on calendar for the motions by Defendants: 1) to compel Plaintiff to provide further responses to the third set of requests for production of documents (the “RPOD Motion”); and 2) to compel Plaintiff to provide further responses to the third set of specia...

Excerpt: ...im. It alleges that Plaintiff was a print advertising customer of the AT&T yellow pages until about 2010 and that Defendants, who had AT&T's customer list, operated a “slamming” operation whereby they published an obscure publication online which lists the services of prior AT&T customers without the customers' knowledge or consent and then sells the purported debt for advertising to a collection agency. Plaintiff alleges that if Defendants a...

Excerpt: ...use of action.” This matter is now on calendar for Defendants' motion to strike the punitive damages allegations/cause of action and prayer for relief pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 435, 436. The Motion to strike the “Third Cause of Action” (FAC ¶¶ 17-25) and Prayer for Relief ¶ b. is GRANTED without leave to amend. Plaintiffs' relevant allegations are as follows: Defendant King, as a commercial driver for the other de...

Excerpt: ...sburg Hospital on March 10, 2017. The FAC has causes of action for: 1) negligence; 2) willful misconduct; 3) negligent infliction of emotional distress; 4) intentional infliction of emotional distress; 5) fraud; and 6) elder abuse. This matter is on calendar for the motion by Defendant to compel plaintiff Sherri Gard to post a bond or undertaking to secure an award of costs in the amount of $77,550.58 pursuant to Cal. Code Civ. Proc. (“CCP”) ...

Excerpt: ...ar for the motion by Plaintiff for summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c as follows: 1) on Plaintiff's first cause of action for breach of fiduciary duty on the basis that Defendant breached its fiduciary duties because its evaluation of Plaintiff's request for approval of his construction project was unreasonable, arbitrary, and capricious (Cal. Civ. Code (“CC”) § 4765(a)(2)); and 2) on Defendant's sixth ...

Excerpt: .... The Motion is DENIED. I. Procedural History Defendant served a CCP § 998 offer to Plaintiff by mail on March 29. See Clipner Decl. ¶ 2 & Ex. A. It states that Defendant offers to Plaintiff to compromise Plaintiff's claims against it pursuant to CCP § 998 in accordance with the following terms and conditions: “1. That Plaintiff dismiss, with prejudice, her lawsuit in its entirety, against Defendant; 2. That in return for said dismissal, wit...

Excerpt: ...January 2014 of cracking in the walls and floors of Building D, as well as significant discoloration of the floors and significant floor sloping. Lucas filed a cross-complaint which includes causes of action against certain defendants it characterizes as “subcontractor defendants,” a category which includes cross-defendant RE West Builders, Inc. As against defendant RE West Builders, Inc., Lucas's cross-complaint contains causes of action for...

Excerpt: ...ing wildfire) and then refused to re-let to him despite the fact that he had lived at the subject premises, a Motel 6 in Rohnert Park, for more than six years. This matter is on calendar for the motions by G6: to compel Plaintiff to provide responses to its first set of Form Interrogatories (“FIs”), Special Interrogatories (“SIs”), and Requests for Production of Documents (“RPODs”); to deem matters set forth in the first set of Reques...

Excerpt: ...compel each of the Defendants 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 $60 in costs incurred as sanctions. A judgment creditor is entitled to serve written interrogatories to obtain information to aid in enforcement of a money judgment. ...

Excerpt: ...fendant”), seeking to recover real and personal property in the possession of BV Guild and related declaratory relief. This matter is on calendar for the motion by Defendant for summary judgment, or in the alternative, summary adjudication of each cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c, on the grounds that: 1) “The California State Grange, the 2016 Corporation, is Not a Real Party in Interest Because its Sole Fun...

Excerpt: ...r Kenneth A. Giorgi (“Judgment Debtor”) to assign to Judgment Creditor “payments due and owing to him from Georgi Electric.” The Motion is DENIED. Judgment Creditor seeks an assignment order because the money Judgment Debtor is receiving as a self-employed contractor “cannot be obtained via a traditional wage garnishment.” Motion at 4:3-5. See also See Moses v. DeVersecy (1984) 157 Cal.App.3d 1071, 1073 (self-employed CPA is not an �...

Excerpt: ...he second cause of action for breach of fiduciary duty pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) on the basis that it fails to state facts sufficient to constitute a cause of action. The demurrer is SUSTAINED with leave to amend. I. The FAC and the Demurrer The FAC alleges in relevant part that beginning at least five years prior to the filing of the FAC, and continuing thereafter, Magelitz agreed to and did act as “an insurance...