Excerpt: ...roperty”) because the stipulated judgment entered in the parties' marital dissolution action conclusively determined that Plaintiff was responsible for completing full payment of the mortgage and Plaintiff is collaterally or judicially estopped from relitigating this issue. Defendant argues she does not have any duty to reimburse Plaintiff for taxes, expenses, or improvements made for the Ginny Property prior to December 1, 2013, as they are ti...

Excerpt: ..., 2021. This Motion is GRANTED in part in that Defendant is awarded $32,001 for successfully litigating the motion for judgment on the pleadings and for bringing this Motion. Defendant is entitled to attorneys' fees. Defendant has moved for attorneys' fees under Cal. Civ. Code § 1717. California Civil Code (“CC”) § 1717(a) provides in relevant part: “In any action on a contract, where the contract specifically provides that attorney's fee...

Excerpt: ...guely that Defendant failed to prevent their home on the Property from being destroyed in a fire in 2004 and that since then, Defendants granted them permission to use the Property only to revoke it, have illegally “surveyed” the Property, and have imposed fines for alleged permit violations. Defendants demur to the complaint and each cause of action on the ground that it fails to state facts sufficient to constitute a cause of action and is ...

Excerpt: ...nt and then a first amended cross-complaint (“FACC”) against Plaintiff in which they assert a first cause of action for breach of contract, a second cause of action for breach of contract, and a third cause of action for negligence. Plaintiff demurs to each cause of action in the FACC on the ground that it fails to state facts sufficient to constitute a cause of action. She contends that the first cause of action fails because it does not all...

Excerpt: ...mises”) to Plaintiffs for use as a cannabis-oil-extracting business, have breached the lease agreement (“the Lease”) by failing to maintain the Premises or provide various upgrades or improvements required pursuant to the Lease. The Demurrers are sustained in part, and overruled in part. The Demurrer based on defect of the parties is sustained, but only to the extent that the trustee of the Trust must be named as a Defendant, and with lave ...

Excerpt: ...tion. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The Amended Petition alleges that the California Regional Water Control Board, North Coast Region (“Regional Board”) issued an Administrative Civil Liability Complaint to the Resort. A notice of hearing was served and the hearing was held on December 11, 2020, via video-conference despite the Resort's objections that the hearing via Zoom was improper and violated the Resort's rights. The...

Excerpt: ...g Plaintiff to immediately produce the original objection and verified accounting records, to cite Plaintiff's counsel for failure to comply with the Fair Debt Collection Practices Act, and for perjury for fabrications made in this action. Defendant takes issue with the allegations in Plaintiff's complaint and argues that Plaintiff has not cooperated with his requests for production of documents that show his indebtedness. Defendant argues that f...

Excerpt: ...he Court grants leave to amend within 20 days of the hearing except that Plaintiff shall not re-plead a cause of action for indemnification. Dwaine's Request for Judicial Notice of the following documents is GRANTED: Ex. “A-1”: Articles of Incorporation for Ace Insulation Inc., filed May 18, 2011; Exh. “A-2”: Articles of Incorporation for Ace Garage Doors & Fireplaces, Inc., filed December 6, 2013. Underlying Facts: This case presents a d...

Excerpt: ... on calendar for Plaintiff's motion for summary judgment or in the alternative for summary adjudication in favor of Plaintiff on its own complaint against Defendant. As an alternative to summary judgment, Plaintiff seeks summary adjudication of two issues, each disposing of one of its two identified causes of action: 1) 1st cause of action for open book account, and 2) 2nd cause of action for account stated. There is no opposition. Any party may ...

Excerpt: ...Evelyn LaVine intended to bequeath a 10- acre ranch (“the Property”) to their four daughters, Ginny, Cheri, Linda, and Denise, by creating a trust (“the Trust”). (Complaint, ¶¶1, 8.) Their daughter, Ginny, became entitled to half the property as a result of a family agreement that if she paid Denise $100,000, then Ginny would receive half of the Property and that if Cheri paid Linda $100,000, then Cheri would receive the other half of t...

Excerpt: ...this order. Foxworthy alleges that Castiglione began to work for it around March 2017 as an independent contractor. (Cross-Complaint [“CC”] ¶5.) She was paid $35 per hour. (Ibid.) Castiglione's duties included, but were not limited to secretarial, payroll processing, calculating wages, coordination and facilitation of transactions and operations, assurance of the safety and satisfaction of all customers and employees, scheduling and supervis...

Excerpt: ... subject to a partition judgment (“the Judgment”) in Wagner v. Messana, et al., SCV-260727 (“the Partition Action”), nominal Defendant TJRV & Boat Storage, LLC (“TJRV”) operates its business on the Property but has no ownership or lease interest in the Property, and Plaintiff, Russell, and Chris each own an equal one-third share in TJRV, of which Russell is manager. In her direct claims, Plaintiff complains that Russell and Chris owe ...

Excerpt: ...' motion for issue, evidence, and/or terminating sanctions (“the Terminating Motion”). Notice of the Terminating Motion was initially filed on June 7, 2021. It stated that the Terminating Motion was brought against Plaintiff Charlotte Souch (“Souch”). The initial notice did not mention H4H. An amended notice for the Terminating Motion was filed on July 6, 2021, indicating that the Terminating Motion was brought against both Souch and H4H....

Excerpt: ...lus-McLemore, Kenneth Carter, Jr. and B. Metellus, a minor, by and through the minor's Guardian ad Litem, Nadine Metellus (“Plaintiffs”) filed the complaint in this action against Defendants, Wesley J. Leckner, Above the Bay Real Estate, Robert J. Miller, Miller Laundis Trust, and Does 1 through 100 (“Defendants”) for several statutory and negligence claims arising out of a tenancy agreement between the parties. On May 5, 2021, all partie...

Excerpt: ...enas by Individual Defendant served upon non-party Community First Credit Union (“Community”) under California Code of Civil Procedure (“CCP”) § 1985.3. The Motion is DENIED. I. Request for Judicial Notice The court notices the documents not for the truth of their contents, but for the previous statements of Plaintiff Prasad, to the degree they are relevant to this motion. II. Governing Law Although Code of Civil Procedure section 1985(b...

Excerpt: ...endant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award to which Plaintiff was entitled, failed to allocate any of the award for fees and costs to Plaintiff, and has refused to pay back to Plaintiff a credit which he owes Plaintiff. More specifically, he complains that although the plaintiffs obtained a judgment in their favor against the defendants, Defendants in this action failed to...

Excerpt: ... subpoena served on non-party Hansel. On August 24, 2021, Plaintiffs personally served Hansel with a Deposition Subpoena for Personal Appearance and Production of Documents and Things which set a deposition for Hansel's Person(s) most Qualified and Custodian(s) of Record on September 8, 2021, at 11:30 a.m. (Colon decl., ¶3.) Plaintiffs named 15 subject matters for testimony and 6 document requests. (Id., Exhibit A.) On August 31, 2021, Hansel se...

Excerpt: ...n violation of B&P Code § 17200, et seq; 4) negligence; 5) breach of written contract; 6) breach of oral contract; 7) intentional infliction of emotional distress; and 8) negligent infliction of emotional distress. This matter is on calendar for the motion by Moving Defendant to compel arbitration pursuant to the California Arbitration Act, Cal. Code Civ. Proc. (“CCP”) § 1280 et seq. (the “CAA”), and for a stay, on the grounds that Plai...

Excerpt: ...ion is GRANTED as to the first cause of action and as to the sixth cause of action to the extent that it is against SSU. Summary adjudication is DENIED as to the second, third, fourth, and fifth causes of action, as well as the sixth cause of action to the extent that it is against Defendant Colton. Underlying Facts: SSU is an employer who falls under the provisions of the FMLA and CFRA. Plaintiff was a full time employee of SSU. Plaintiff was in...

Excerpt: ...intiffs' Third Amended Complaint alleges causes of action for medical negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of the admission of Linda Perkins (“Decedent”) to the Santa Rosa Memorial Medical Center beginning on June 28, 2017. Plaintiffs allege that Defendant breached the standard of care by failing to timely diagnose, treat, monitor, and timely refer Decedent for treatment....

Excerpt: ...d Teachers Los Angeles (2012) 208 Cal.App.4th 322, 336.) After preliminary approval, the court determines whether the settlement is fair, adequate, and reasonable in a final fairness hearing. (CRC 3.769(g); Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801; see also, Officers for Justice v. Civil Service Com. (9th Cir. 1982) 688 F. 2d 615, 625; Fed. Rule of Civ. Proc., Rule 23(e).) The trial court has broad powers to make this determination...

Excerpt: ...ding”—e.g., 30 days after service of the complaint or cross-complaint unless extended by court order or stipulation. (CCP § 435(b)(1).) Proof of service of the FACC states that it was served by email on August 5, 2021. Thus, this motion must have been filed by September 6, 2021. As it was not filed until September 17, 2021, it is untimely. CES's argument that the motion to strike was not ripe until the verification was served is not persuasi...

Excerpt: ... to compel non-party Heffernan Insurance Brokers (“Heffernan”) to produce documents and a person most knowledgeable pursuant to two subpoenas issued May 2021 (“Second Subpoena”) and August 2021 (“Third Subpoena”). The Motion is GRANTED in part and DENIED in part. I. The Subpoenas and Objections Plaintiffs have served three subpoenas to Heffernan. The first subpoena was served and responded to and is not relevant to the issues raised i...

Excerpt: ...otions to compel further responses to special interrogatories is DENIED as to Request Numbers 4, 6, 7, 9, 10, 12-18, 20-23, 29-32, 44, 46, 57- 59, 61-63, 65-69, and 81; and GRANTED as to request Numbers 5, 8, 28, 33- 36, 53- 56, 60, 64, 71, and 73. The motion to compel further responses to Plaintiffs' requests for production of documents is DENIED. Special Interrogatories If a timely motion to compel has been filed, the burden is on the respondin...

Excerpt: ...property at 7585 Valley Ford Road (“Plaintiffs' Property”) and that Defendant Two Rock Volunteer Fire Department (“Defendant” or “TRVFD”), owning an adjacent parcel of real property at 7599 Valley Ford Road (“Defendant's Property”), has improperly maintained and constructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. They c...