Excerpt: ...laintiffs' non- opposition in which Defendants argue that the Court should consider Plaintiffs' failure to file an opposition as a concession of the merits of the Demurrer. Plaintiffs filed an objection to Defendants' response to the non-opposition, citing Rule 8.54(c) which says "A failure to oppose a motion may be deemed a consent to the granting ofthe motion." (Italics added .) Plaintiffs state that they do not consent to the granting of the m...

Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...

Excerpt: ...s to the Second Amended Complaint into this ruling. In that ruling, the Court explained in detail why the Third Amended Complaint would be the Plaintiffs' final opportunity to properly plead their case. Plaintiffs did not challenge that tentative ruling. Plaintiffs have not at any point attempted to meet their burden of provng how they can fix the deficiencies in their pleading by amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Still, ...

Excerpt: ...der late-filed opposition papers for good cause if there is no undue prejudice to the moving party." (Correia v. NB Baker E/ec„ Inc. (2019) 32 Cal.App.5th 602, 613.) "The circumstances surrounding an untimely opposition to a petition or motion to compel arbitration should be viewed under 'the strong policy of the law favoring the disposition of cases on the merits . (Correia, at 613.) The Court exercises its discretion to consider Respondent's ...

Excerpt: ...d by the defense in support of the motion is so scant that it fails to provide the Court with a full picture of the circumstances. An example of this includes the excerpts of Plaintiff's deposition provided in Exhibit F of Defendant's Index of Exhibits. While it is true that a party need not provide the Court with an entire deposition transcript, a party should not solely provide the Court with excerpts that include testimony that is most favorab...

Excerpt: ...CP S 425.16(b)(1) provides that a cause of action against a person "arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue" shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the c...

Excerpt: ...lidity of the claims asserted against this specific defendant. Plaintiff asserts a cause of action for cancellation of instruments against Defendant Catamount, seeking to cancel Catamount's Trustee's Deed upon Sale ("TDUS") granting it title to the property underlying this conflict. Plaintiff asserts a related declaratory relief cause of acton as well. Title was formerly held by Plaintiff Plaintiff alleges that he has been erroneously deprived of...

Excerpt: ...ry Plaintiff's SAC asserts four causes of action for: (1) Discriminaton Based on Sex in Violation of FEHA; (2) Hostile Environment Harassment in Violation of FEHA; (3) Retaliation in Violation of FEHA; and (4) Failure to Prevent in Violation of FEHA. (SAC, 7-21.) These causes of action are brought due to events that occurred while she worked as a volunteer firefighter for Defendant. (Memorandum of Points and Authorities in Support of MS] ["MSJ MP...

Excerpt: ...intiff brought a Complaint for compensatory and Punitive Damages asserting seven causes of action against her ex-husband, Defendant, alleging he committed acts of domestic violence and sexual assault against her throughout the duration of their marriage. Defendant attempted to meet and confer with Plaintiff as to the third, fourth, and fifth causes of action in Plaintiff's Complaint finding them to be without merit via telephone on two dates in M...

Excerpt: ...h, states that Defendant confirmed his identity but that he "tried to refuse service by refusing to take documents and did not state reason for refusal." Mr. ujeh noted, "documents left, seen by subject." In his declaration, Defendant states that on the evening of May 24, 2023, he had returned to his home and was about to leave when he heard a man bellowing from his neighbor's driveway. (Ahlstrom decl., 92.) Defendant asked the man what he needed...

Excerpt: ...ry judgment or, in the alternative, summary adjudication, which is set for January 19, 2024. Motion Plaintiff moves the Court for leave to amend the complaint and file a First Amended Complaint ("FAC"). Defendants oppose the motion. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and...

Excerpt: ... for leave to file a First Amended Petition ("FAP"). There is no opposition. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and line number, the... allegations are located...." California Rule of Court ("CRC") 3.1324(a). The moving party also must provide a declaration that explains...

Excerpt: ... November 4, 2023, and defendant/cross-defendants John Kelly and William Kelly filed supplemental briefs on November 7, 2023 and 13, respectively. Moving party's argument is that, because the facts establishing Judge Pardo's disqualification arose prior to the orders issued by Judge Pardo, those orders are void or voidable, and that the CCP secton 170.3(b)(4) "good cause" provision does not apply to this situaton. John Kelly and William Kelly bot...

Excerpt: ...easonable; Approving the Class Representative Service Payments in the amounts of $5ßnm; Approving the Attorneys' Fees in the amount of $393,333.33; Approving the Attorneys' Costs in the amount of $16,019.37; Approving the Settlement Administration Costs in the amount of $18,350m; Certifying the Class for settlement purposes; Finding that Class Members were given adequate notce of the Settlement and, in a reasonable manner, advised of their right...

Excerpt: ...the SAC is MOOT based on the Court sustaining the entirety of the demurrer. Procedural History This action arises from a rental agreement between Plaintiff and Defendants of a compact RV and later a separate midsize RV. (SAC, '1 1.) As alleged in the SAC, Plaintiff's home burned down on September 12, 2021, in the Hopkins wildfire, and he was using this RV to temporarily live in while cleanup and repairs were done on his property. (SAC, 1.) Howeve...

Excerpt: ...ing the complete details of the payment of settlement amounts within the next ten (10) calendar days. The declaration of Gomez, filed January 10, 2023, does not contain the necessary details. The Court reviewed the file and cannot locate another declaration. If Plaintiffs' counsel previously filed a declaration that addresses the concerns listed in this tentative, the Court requests Plaintiffs' counsel contact the Court. Following final approval,...

Excerpt: ...(the "Property") in violation of applicable zoning codes, and filed this action to abate the conditions and uses as well as to recover civil penalties, abatement costs, attorneys' fees, and legal costs. It alleges that Defendants "William J. and Janet M. Freitas" (collectively, "Freitas Defendants") own, operate, possess, and control the Property while Defendant Jason Pierce, referring to himself in his pleadings as Jason Pearce ("Pearce") is the...

Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...

Excerpt: ...of $1,560.00 for each motion. Plaintiff's counsel shall submit a written order for each motion consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Request for Production of Documents A motion to compel further responses to a request for production of documents must "set forth specific facts showing 'good cause' justifying the discovery sought by the demand." (CCP S 2031.310(b)(1).) Absent ...

Excerpt: ...is granted. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. The Court notes that Defendant has attached hundreds of pages to each of his oppositions without any declaration providing foundation for the documents submitted. There is also no accompanying request for judicial notice of anything that might purportedly be judicially noticeable within these attachments. The Cour...

Excerpt: ...ceive an opportunity to to it. Plaintiff seeks an order com#lling Defendant to turn over complete copies of the hard drives of Defendant's personal computer devices. Plaintiff alleges that, while Defendant Samuel Biasi was working as the general manager of Marr B. Olsen, Inc. (hereafter MBO), he transmitted MBO business data to his devices for use in establishing a competing business. Defendant objected to Plaintiff receiving unfettered access to...

Excerpt: ...OT given the sustaining of the demurrer to the Fourth and Fifth Causes of Acton. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 ...

Excerpt: ...stained with leave to amend as to Jane Does #3, #6, and #7's third cause of action against Defendant; 4. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fourth cause of action against Defendant; 5. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fifth cause of action against Defendant; 6. The Demurrer is sustained with leave to amend as to Jane Does #1, #2, #3, #5, and #7's eighth cause of actio...

Excerpt: ...147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superiorcourt (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. ...

Excerpt: ...Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or fa...

Excerpt: ...the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or l...

Excerpt: ...rgument that Petitioner must have sought costs with the arbitrator and therefore cannot now seek them in these judicial proceedings. While these cases did find that costs should have been sought with the arbitrator, these cases also involved "broad" arbitration agreements which did not limit the arbitrator's power in any way." If the parties' agreement does 'not limit the issues to be resolved through arbitration, the issue of [a party's] entitle...

Excerpt: ...Cal.4th 540, 643 ["We conclude that the FEHA, like similar federal statutes, allows persons to sue and hold liable their employers, but not individuals. Our conclusion also applies to common law actions for wrongful discharge."] Any amended pleading shall be filed not later than 10 court days after service of notice of an order on this motion. Given the grant of leave to amend, the trial date of October 13, 2023, is VACATED. The case is scheduled...

Excerpt: ...Material Fact "UMF" 4-5,9.) Defendant Ben Zabinsky"s property is one of these parcels. (Ibid.) Plaintiffs' property is another of the parcels. (Ibid.) The portion of land in front of the parcels that is now at issue was owned by the former owners of all of the parcels of land, Mr. and Mrs. Estrella. (UMF 72.) Plaintiffs now own the portion of the easement that is directly in front of Defendant's property. (UMF 72.) The Estrellas sold what is now ...

Excerpt: ...s and Recreation, through which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1; Administrative Record ["AR"], AR000004.) At the time, Decedent's registered domestic partner was real party in interest, Donna Starr ("Starr"). (Petition, at Exhibit A, pg. 2, 2; AR, AR000005.) Decedent listed Starr as a beneficiary when she rebred in 2015 and started receiving a monthly retirem...

Excerpt: ...is without prejudice as this defect may be readily cured and, while not a best practice, the law does not prohibit bringing a motion for sanctions separately from the underlying motion to compel. (London v. Dri-Honing Corp. (2Cu) 117 Cal.App.4th 999, ICOS.) Plaintiff's counsel shall submit a written order consistent with this motion and in compliance with Rule 3.1312. A motion to compel further responses to a request for production of documents m...

Excerpt: ...fying that that each party shall bear its own attorney's fees and costs. Defendants cite Zamora v. Clayborn Contracting Grp., Inc. (2002) 28 Cal.4th 249, 258 in support of the argument that the mistake made was an excusable mistake that a reasonably prudent person under the same circumstances would have made. However, Zamora is not factually on point and Plaintiff has cited to two cases which specifically address the omission of an attorney's fee...

Excerpt: ... party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the d...

Excerpt: ...gs and these judicial proceedings pursuant to the parties' contract under CCP S 1717. Petitioners also argue they are entitled to attorney's fees as private attorney general under CCP S 1021.5. CCP S 1293.2 provides, "The court shall award costs upon any judicial proceeding under this title as provided by Chapter 5 (commencing with Section 1021) of Title 14 of Part 2 of this code." CCP S 1021 provides that attornevs fees are available as costs on...

Excerpt: ...ntative ruling and in compliance with Rule 3.1312. If Plaintiffs ultimately choose to file an amendment, they shall not do so in the form of an "amendment to the complaint." Unless Plaintiffs are substituting the name of a Doe Defendant or changing a minor detail, "amendments to the complaint" are disfavored by this Court because they create a complicated and unorganized record. Plaintiffs have used the instant amendment to the complaint to alleg...

Excerpt: ...2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible i...

Excerpt: ... expended multiplied by the reasonable hourly rate...The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. [Citation.] Such an approach anchors the trial courts analysis to an objective determination of the value of the attorney's services, ensuring that the amount awarded is not arbitrary. (PLCM Group, Inc. u. Drexler (2C...

Excerpt: ...the hearing, the Court and counsel engaged in discussion and the Court heard argument from counsel regarding the motion to compel. As a result of arguments raised at the hearing, the Court set a new date for additional argument and requested supplemental briefing from the parties. The parties submitted supplemental briefs and the matter was scheduled for hearing on July 28, 2023. The Court, on its own motion, continued the July 28, 2023, hearing ...

Excerpt: ...a request to compel production of a document referred to as "the First Report" and a request for terminating sanctons in Plaintiff's reply. The Court will not rule on these requests as they were raised for the first time in reply and were not made by noticed motion. Plaintiff's objection to the entirety of Ms. McQuilla's declaration and to Defendant's opposition as a whole as being "plagued by hearsay" is OVERRULED. The Court further addresses Pl...

Excerpt: ...at "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any moton made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 2017.010; see also, Garamendi v. Golden Eagle Ins. Co. (2CN) 116 Cal.App.4th 694, 712, fn. 8.) "For disco...

Excerpt: ...laintiffs complain that in 1982-1983 Defendant Scott Bagley ("Bagley") sexually abused, molested, and assaulted them physically and mentally, when he was an employee of Defendant The Zones, f/k/a Boys & Girls Club of Greater Santa Rosa, Inc. ("Zones") and Plaintiffs were minor children under Defendants' care at the Boys & Girls Club facility in Santa Rosa (the "Facility"). They allege that Defendants Zones and Gerald Nelson ("Nelson"), a supervis...

Excerpt: ...Plaintiff. The sexual abuse of these four minor children occurred during different time frames. The abuse of Plaintiff c„ccurred during the time frame of 2017 through 2020, while the abuse of the other minor children occurred in years prior to 2017. Plaintiff alleges causes of action against Defendant Kuhlmann for general negligence and premises liabil-ty as a result her alleged negligence in using and maintaining her home and negligent care or...

Excerpt: ...onstrued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Lan...

Excerpt: ...ry White Tornado 312 LLC brought this action against Ramirez and other defendants for holding over without a lease, refusing to vacate from the premises, and withholding the real property located at 312 Broadmoor Street, Santa Rosa, California ("Subject Property), in which property White Tornado 312 LLC currently holds a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals allegin...

Excerpt: ...icial favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) "Generally, leave to amend must be liberally granted (Nestle v. City of Yl,nta Monica (1972) 6 Cal.3d ...

Excerpt: ...nication with the Court and did not open the envelope. The Court will destroy these records so as to avoid any ex parte information reaching the Court. Regarding the merits of the motion, the party seeking attorneys' fees bears the "burden of show-ng that the fees incurred were 'allowable,' were 'reasonably necessary to the conduct of the litigation,' and 'were reasonable in amount.'" (Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4th...

Excerpt: ...rued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Land Co...

Excerpt: ...tion that is consistent with this tentatve ruling and in compliance with Rule 3.1312. Analysis: Regardless of whether an expense is recoverable as a matter of right under subdivision (a) of secton 1033.5 or recoverable in the court's discretion under subdivision (c), the expense must be both reasonable in amount and reasonably necessary to the conduct of the litigation, rather than merely beneficial or convenient. (CCP S seewer v. Copley Press, I...

Excerpt: ...ntiff's vehicle while Plaintiff was stopped at a red light and Plaintiff has suffered injuries because of Defendant's negligence. Plaintiff appeared for a physical examination by Defendant's expert, Dr. Mark Strassberg. However, Dr. Strassberg terminated the examination when Plaintiff declined to answer questions regarding her medical history. Defendant now seeks an order compelling Plaintiff to submit to a physical examination to include "an ora...

Excerpt: ...has filed a supplemental brief which cites to the Court's inherent authority to compel obedience to its orders and to the public pdicy favoring com#lling arbitration. However, this Court has already issued an order requiring the parties to arbitrate this matter. An additional order requiring the parties to complete arbitration would serve no utility. While the Court dæs have authority to enforce its orders, this motion is not a request for an or...