Excerpt: ...granted. First, the court decides whether the moving party has made a threshold showing that the challenged cause of action is one “arising from” protected activity. (CCP § 425.16(b)(1).) The moving party in an anti- SLAPP motion has the burden of proof on this threshold issue. (Id. at 66.) If the court finds such a showing has been made, it then must consider whether the responding party has demonstrated a probability of prevailing on the c...

Excerpt: ...o purchase the Defendant's interest “for a price equal to ninety-five percent (95%) of the Appraised Value, as defined in subsection d of this Section 4.” (Restricting Agreement, ¶ 4.a.) The Appraised Value contains the requirement of an appraisal. (Restricting Agreement, ¶ 4.d.) Therefore, plaintiff did not make a counteroffer when she requested an appraisal. Rather, she was attempting to enforce the explicit terms of the Restricting Agree...

Excerpt: ... Vicks (2013) 56 Cal.4th 274, 314.) The Court denies Defendant's request for judicial notice of the “Prime Contract.” This construction defect case was filed in June 2016 and involves a single-family home in Healdsburg. The Court appointed a special master and recently continued the trial date to April 24, 2020. Meanwhile, the parties have been engaging in production of expert reports, home inspections, joint expert meetings and preparations ...

Excerpt: ... court previously sustained the Defendant's demurrer to the Plaintiff's second and third causes of action in the Second Amended Complaint (“SAC”) and granted its motion to strike. As a result, Plaintiff filed a Third Amended Complaint (“TAC”). The TAC alleges that Safeway's employees, the DOE Defendants, continued to grab and drag the Plaintiff as he cried out in pain. While the overall facts make it appear that the DOE Defendants were, i...

Excerpt: ... solely as Trustee for Harborview Mortgage Loan Trust Mortgage Loan Pass-through Certificates, Series 2007-4 (together “Defendants”) oppose the motion. Defendants' request for judicial notice of the Verified Complaint for Unlawful Detainer filed in Case No. MCV-247020 is granted. Plaintiffs' action is barred by collateral estoppel. The stipulated judgment in the related unlawful detainer action brought by Deutsche Bank against plaintiffs coll...

Excerpt: ... on the issue or there exists one or more triable issues of material fact. Plaintiff's objections to the statements in the declaration of Susan Acquisto lines 4:28-5:1, 5:21-22, 5-22, and 7:18-19 as set forth in Plaintiffs' objections are sustained. The remaining objections are overruled. Defendant Healdsburg Senior Living's objection numbers 5, 1, and 15 are sustained. The remaining objections are overruled. The court has not reviewed Defendant'...

Excerpt: ...Debtors have made no payments on the judgment. (Id. at ¶¶ 9-10.) This case is on calendar pursuant to CCP section 708.510 et seq., for Judgment Creditor's motion for an Assignment Order against Judgment Debtors. The court finds that the types of assets sought: trademark royalties, accounts receivables, and stock dividends are assignable and that it is appropriate to assign these rights as the Judgment Debtors owe a significant amount of money a...