Excerpt: ... of Anaheim ,(1994) 25 Cal. App. 4th 11, 35,); Da rr v. Lone St a r Industries , Inc., (1979) 94 Cal. App. 3d 895, 900,) . The Court also finds that the conveyance of the dominant tenement transfers all appurtenant easements to the grantee, even though the easements are not s p e c if ic a lly m e n t io n e d in t h e d e e d . ( Moyla n v. Dyke s , (1986)181 Cal. App. 3d 561, 568). Furthermore, an appurtenant easement is a part of, and cannot b...

Excerpt: ...s, based on “what was, or should have been, known t o settlor at time questioned settlement was mad e ”, that the settlement entered by the parties was within the reasonable range of Ms. Gregg's proportional share of c o m p a r a t iv e lia b ilit y f o r p la in t if f ' s in ju r ie s b a s e d o n t h e in f o r m a t io n a v a ila b le a t the time of settlement. This finding is regardless of wheth er the settlement date was in Nove...

Excerpt: ...Cra ne v. R. R. Cra n e In v. Co rp ., (2022) 82 Cal. App. 5th 748, 298 citing Tr a h a n v. Tr a h a n , (2002) 99 Cal. App. 4th 62, 75; Go v. P a c ific He a lt h Se r vic e s , In c . (2009) 179 Cal.4th 522, 529 -532; Cot t on v. Expo Power Syst ems, Inc. (2009) 170 Cal.4th 1371, 1381- 1382) . The Court notes that the statutory buy -out procedure to avoid involuntary d is s o lu t io n o f a c o r p o r a t io n w h ic h in v o lve s t h e a p...

Excerpt: ... , § 1 2 8 1 ) . The Court finds that Plaintiff was not compelled to sign the arbitration agreement as a condition of employment and also had the option to opt out of said agreement. Therefore, the Court finds that said arbitration agreement was not a contract of adhesion. Civil Code section 1670.5; Armendariz v. Foundation Health Psychca re Services, Inc. (2000) 24 Cal.4th 83, 102 ; Pardee Construction Co. v. Superior Court (2002) 100 Cal.App.4...

Excerpt: ...unt of time investment by Counsel. ( Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133). The Court therefore awards Plaintiff attorney's fees of $84, 535.00 and costs of $3,336.27 . The Court also finds that regardless of Defendants' opposition to said partition, it m a y b e c o n s id e r e d a s b e n e f it in g f r o m s a id p a r t it io n . ( St ut z v. Da vis (1981), 122 Ca l.Ap p .3 d 1 ; O r i e n v . Lu t z (2017) 16 Cal.App. 5 th 957; Ri...

Excerpt: ...o have a contractual duty to defend M id -Cal Constructors Inc., from and against all claims by Super Store Industries arising out of or in connection with Commercial Specialty Inc.'s work on the property located at 2600 Spengler Way, Turlock Ca lif o r n ia , except “to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct of that general contractor, construction manager, or other subcontracto...

Excerpt: ... litigation privilege of Civil Code §47 and §425.16 . (Brown v. Dep't of Corr ., (2005) 132 Cal. App. 4th 520; Briggs v. Ede n Council for Hope & Opportunity (1991) 19 Cal 4 th 1106 115. The Court further finds that Plaintiffs have not demonstrated the probability that they will prevail on the merits of their alleged causes of action. The Court finds that Plaintiffs have failed to meet their burden particularly as there is no evidence that ...

Excerpt: ...ly or dependent adults, regardless of their professional standing, to carry out their custodial obligations. (Cal.Welf. & Inst.Code § 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011) “Recklessness” refers to a subjective state of culpability greater than simple negligence, which has been described as a “deliberate disregard” of the “high degree of probability” tha...

Excerpt: ...ing that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer." (Ca. Law and Motion Authorities S 29:5A). Furthermore, if a demurrer is sustained and the complaint is amended, no subsequent demurrer can be brought ...

Excerpt: ...y and as Plaintiff would not have an opportunity to respond to said issue, considerations of fairness require the Court to decline to consider that issue. Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 765 ; United Grand Corp. v. Malibu Hillbillies, LLC, (2019) 36 cal. App. 5th 142.) The court also notes that Defendant's request for judicial notce was not, as is required, made by a separate document listing the items for which notice is requeste...

Excerpt: ...iled a Private Attorneys General Act (PAGA) action comprised of individual and non-individual claims, an order compelling arbitration of individual claims does not strip the plaintiff of standing to litigate non-individual claims in court. (Adolph v. Uber Techs., Inc., (2023) 14 Cal. 5th 1104; Cal. Lab. Code S 2699(c)).Accordingly, the Court finds that Plaintiff herein may still maintain his non-individual claims in state court. However, in relia...

Excerpt: ... against all claims by Super Store Industries arising out of or in connec
Ÿon with Top Quality and Fireplace's work on the property located at 2600 Spengler Way, Turlock California. , except “to the extent the claims arise out of, pertain to, or relate to the ac
Ÿve negligence or willful misconduct of that general contractor, construc
Ÿon manager, or other subcontractor, or their other agents, other servants, or other independent contractors...

Excerpt: ... are also uncertain as to the moving defendants. (CCP S 430.10(e) & (f), California Rules of Court, Rule 2.112, Khoury v. Maw's of Calif, Inc. (1993) 14 Cal.4th 612, 516, (citing text); A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 cal.5th 577, 695, Williams u Beechnut Nutrition corp. (1986) 185 cal.3d 135, 139). Furthermore, due to the inconsistent allegations contained in Plaintiff's complaint, specifically, Plaintiff's allegations ...

Excerpt: ...at Defendant Kevin Ray Zanders has failed to respond to Plaintiff's properly propounded Special Interrogatories, Set One, or at all, without justification. Accordingly, Plaintiff's application is hereby granted. Defendant shall provide verified responses to the propounded discovery without objection within fourteen (14) days of the date of the Court's order. Any objections by Defendant to said discovery are hereby waived. (Code of Civ. Proc. SS 2...

Excerpt: ...es to have a contractual duty to defend Mid-Cal Constructors Inc., from and against all claims by Super Store Industries arising out of or in connec
Ÿon with A+ Innova
Ÿve Drywall Inc.'s work on the property located at 2600 Spengler Way, Turlock California, except “to the extent the claims arise out of, pertain to, or relate to the ac
Ÿve negligence or willful misconduct of that general contractor, construc
Ÿon manager, or other subcontract...

Excerpt: ...rged his burden of demonstrating that he is entitled to the requested discovery. (Code of Civ. Proc., "2017.010, 2030.290(b); (Appleton v. Superior Ct., (1988) 206 Cal. App. 3d 632; Steven M. Garber & Associates v. Eskandarjan (2007) 150 Cal.App.4th 813). Furthermore, the Court finds, in view of the upcoming motions for summary judgment filed by other Defendants herein against Plaintiff on calendar for February 2024, Plaintiff will be prejudiced ...

Excerpt: ...sed by P from American Chevrolet (GM UMF 1) and as to the lack of a new Limited Vehicle Warranty issued by Defendant accompanying said sale. (GM UMF4, UMF6 and UMF 7). (Rodriguez v. FCA US, LLC, (2022).77 cal. App. 5th 209). Accordingly, Defendant's application for summary judgment is hereby granted. Plaintiff's request for a continuance is denied on grounds that Plaintiff already possess the evidence it alleges supports its claim that a new vehi...

Excerpt: ...sexual abuse by the Perpetrators on Plaintiff which was reported to Defendant between January 1, 1997- 2001. The Court finds that Defendant has not pled sufficient facts to establish that Defendant was a mandatory reporter under Penal Code 511164-11174.3, Child Abuse and Negligent Reporting Act (CANRA), when Plaintiff allegedly made his second report of sexual abuse by William and David Shook to Defendant. Accordingly, Defendant's Demurrer to Pla...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: .... Atlantic Richfield Co. (2001) 25 cal. 4th 826, 850). Accordingly, Defendant's motion for summary adjudication as to the lack of Defendant's liability to Plaintiff as a matter of law because Kevin Ray Zanders was not acting within the scope of his employment he engaged in tortious conduct towards Plaintiff, is hereby granted. (Aores v. AutoZone W„ Inc., (2008) 161 cal. App. 4th 373, Mary M. u City ofLos Angeles (1991) 54 cal.3d 202). The Court...

Excerpt: ...ff's Motion for Orders Compelling Responses to Requests for Admission Set One and Awarding Sanctons of $2,600.00 Against Defendants and Their Attorney of Record Michael Warda —GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to plaintiffs second set of form i...

Excerpt: ... in its previous order of 10/4/23 warned Defendant that further failure to comply with the Court's orders could result in the imposition of more stringent sanctions up to and including terminating sanction. (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc., (2020), 56 Cal. App. 5th 771). Accordingly, Plaintiff's application for issue sanctions to be imposed against Defendant is hereby granted. The allegations of Plaintiffs complai...

Excerpt: ... for Admissions Set No. Admitted and Request for Order Awarding Monetary Sanctions Against Defendant— GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to Plaintiff's Request for Production of Documents, Set One, is granted pursuant to Code of Civil Procedure ...

Excerpt: ...p.4th 118). The Court finds that Plaintiff, as the prevailing buyer under Code of Civil Procedure 51794 (d), is entitled to the award of reasonable attorney's fees incurred in the prosecution of Plaintiff's Song Beverly Act Claim herein. The Court also finds that the pre-engagement activity undertaken by Plaintiff's Counsel prior to signing Plaintiff on as a client is compensable. (Hogar Dulce Hogar v. Cmty. Dev. Com. of City of Escondido, (2007)...