Excerpt: ... of ac
Ÿon is not adequately pled. The viability of a civil ac
Ÿon to resolve post-mortem community property rights turns en
Ÿrely on whether the court handling the dissolu
Ÿon ac
Ÿon entered a summary judgment, has joined interested par
Ÿes, and retained jurisdic
Ÿon to resolve disputed ownership interests. See In re Marriage of Hilke (1992) 4 Cal.4th 215, 220; Frederick v. Superior Court (2014) 223 Cal.App.4th 988, 993; In re Marriage of...

Excerpt: ..., and born with gastroschisis — a serious birth defect in which the child's intestines develop outside the due to a hole in the abdominal wall. Despite multple complex surgeries at UCSF, the child had continuing medical ailments and died before reaching his first birthday. As it pertains to Dr. Tupy, he was the child's treating physician in the local (Adventist) emergency room, and made arrangements for a medical flight from Adventist back to U...

Excerpt: ...ee trimming services at a residence in Soulsbyville. Myers recalled that Nate's agreed to perform the service on 07/16/20 (when Myers would be present), but for reasons unknown Nate's actually arrived on 07/15/20. Only Konigsreiter was home, and he let the tree trimmers in through a locked gate. According to Myers, the "surprise" of this early visit, coupled with some confused "verbal abuse" by the tree trimmers, caused Konigsreiter to "forget to...

Excerpt: ...nt was unwilling to permit access without some protections in place. Before the Court this day is defendant's request to contnue trial, which is currently set for 09/25/23. In civil cases, "continuances of trials are disfavored." CRC 3.1332(c). As a result, a trial court "may grant a continuance only on an affirmative showing of good cause requiring the continuance." ld. A motion for contnuance is addressed to the sound discretion of the trial co...

Excerpt: ... for plaintiff's 2022 Ram 351W). According to plaintiff, his $70ßW vehicle is basically "worthless" due to said "defect," though the time gap between acquisition (Oct. 2022) and filing (Apr. 2023) suggests that failed repair efforts is not the issue. Before the Court this day is a defense motion by the dealership (only) to compel this dispute to mandatory arbitration pursuant to the standard arbitration clause contained in the all-too-familiar R...

Excerpt: ...s denied without prejudice. Service by publication is generally considered to be an option of last resort. If plaintiff has a lead on an address for defendant, efforts to serve at that address must be exhausted before resorting to publication. Watts v. Crawford (1995) 10 Cal.4th 743, 749 n.5; Transamerica Title Ins. Co. v. Hendrix (1995) 34 Cal.App.4th 740, 745. Before resorting to service by publication, "a number of honest attempts to learn def...

Excerpt: ...intiff and court/public records: o Plaintiff lived at the subject residence for the better part of 20 years (it appears she may have purchased the property for $106,CM on 05/07/01). Eventually plaintiff and her husband Rodney made friends with a neighbor, Aiden Tinney ("Tinney"). o In early 2019, plaintff confided in Tinney that she was experiencing financial stressors due to an unpaid tax bill. Being a good friend/neighbor, Tinney offered to loa...

Excerpt: ...and born with gastroschisis — a serious birth defect in which the child's intestines develop outside the body due to a hole in the abdominal wall. Despite multiple complex surgeries at UCSF, the child had continuing medical ailments and died before reaching his first birthday. As it pertains to Dr. Tupy, he was the child's treating physician in the local (Adventist) emergency room and made the arrangements for a medical flight from Adventist ba...

Excerpt: ... passing, the property was transferred to the brothers as tenants in common (see deed recorded 11/20/09). On or about 07/04/18, Darryl reportedly ejected Richard Z. and assumed sole occupation of the property. Richard's use of the property was reportedly adverse to Darryl, despite their co-equal ownership. On 05/25/21, Richard Z. made a gratuitous transfer of his 50% interest in the property to his daughter (Lauren) and son-in-law (Brandon) as ac...

Excerpt: ...ition to the motion. To amend a pleading already at issue, the sponsoring party is required first to seek leave of court by way of noticed motion. CCP S 473(a)(1). Pursuant to CRC 3.1324, the moving party must: (a) specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and (b) include with the moving papers a copy of the proposed amended pleading and a declaration specifying (1) the e...

Excerpt: ...d a commingled motion to compel responses to form interrogatories and a request for production (SS 2030.290(b); 2031.300(b)). Some confusion was created by plaintiff's inclusion of a separate statement, as no such requirement exists when there has been a wholesale failure to respond to the discovery at all. CRC 3.1345(b)(1). Nevertheless, the motions are fairly straight forward. The three discovery sets at issue herein were served on plaintiff vi...

Excerpt: ...tion for these projects, and (2) including unauthorized conditions. Before the Court this day is petitioners' motion for reconsideration of this Court's Order issued on 05/19/23 resolving all "Phase 1" issues. Petitioners' primary grievance is this: in the Tentative Ruling posted in advance of the 04/21/23 hearing (hereinafter "04/21/23 TR"), this Court stopped just short of defining the phrase "appropriate requirements of state law" to exclude p...

Excerpt: ...st-arbitration status conference for March 20, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of such notice within five court days after the date of this order. FACTUAL BACKGROUND Petitioner UNITE HERE Local 11 (the “Union”), and Respondent 360 N. Rodeo Drive Limited Partnership d/b/a/ Luxe Hotel Rodeo Drive (“Luxe Rodeo”) are parties to a Collective Bargaining Agreement (“CBA”), regarding the terms and conditions...

Excerpt: ...negligence. Sierra filed a cross- complaint against Vito, claiming that Vito was partially liable because plaintiff was not following industry safety protocols when he was run over. Sierra also claims that Vito failed to honor contractual obligations to protect Sierra in the case of a lawsuit like this. On 12/05/22, this Court sustained Vito's demurrer to four of the five causes of action contained within Sierra's original Cross-complaint, giving...

Excerpt: ...ore the Court this day is plaintiff's motion to compel production of two unredacted emails and/or a privilege log for any redactions remaining. At the core of the present dispute is the identity of the parents who wrote those emails to the school, complaining about the basketball coach. Although it appears that those emails may not pertain directly to plaintiff, or provide direct evidence of notice to the school of contemporaneous wrongdoing, but...

Excerpt: ... motion as required by Probate Code SS 2105(c)(1) and 2105.5. She has since done so.) Pursuant to CCP S372(a)(3), the GAL of an incompetent or disabled individual "shall have power, with the approval of the court in which the achon or proceeding is pending, to compromise the same [and] release or discharge any claim of the conservatee pursuant to that compromise." Court approval is required for the compromise or settlement of such a claim. Probat...

Excerpt: ...hedule tree trimming services at a residence in Soulsbyville. Myers recalled that Nate's agreed to perform the service on 07/16/20 (when Myers would be present), but for reasons unknown Nate's actually arrived on 07/15/20. Only Konigsreiter was home. According to Myers, the "surprise" of this early visit, coupled with some confused "verbal abuse" by the tree trimmers, caused Konigsreiter to "forget to turn off a silent engine heater under [his vi...

Excerpt: ... (only) to vacate said judgment. Procedural Anomaly Pursuant to CCP 51710.40(b), debtor has 30 days from service of notice of entry of judgment to make a moton to vacate. Debtor was personally served with notice of entry on 04/07/23, giving him 30 days from that date to make his motion. On 05/05/23, debtor timely filed his motion to vacate. Therein, he averred a lack of proper service in Iowa, a lack of service here, and a lack of finality in Iow...

Excerpt: ...rs as tenants in common (see deed recorded 11/20/09). On or about 07/04/18, Darryl ejected Richard Z. and assumed sole occupation of the property. On 05/25/21, Richard Z. made a gratuitous transfer of his 50% interest in the property to his daughter (Lauren) and son-in-law (Brandon) as acting trustees for the LBG Living Trust. Shortly thereafter, Lauren and Brandon — as trustees — sent a "demand" to Darryl to partition the property, and an "o...

Excerpt: ...ompeting but unsigned contract (CCA) nullifying the arbitration agreement when two of the employer's agents signed what amounts to an attendance sheet with extremely fine print incorporating by reference that unsigned nullifying contract? There is also the related question of what to do about plaintiff's expressed belief that the answer to the above question is "no" (that plaintiff was still bound by the PSA) and his cooperation with bind-ng arbi...

Excerpt: ...� a serious birth defect in which the child's intestines develop outside the body due to a hole in the abdominal wall. Despite multiple complex surgeries at UCSF, the child had continuing medical ailments and died before reaching his first birthday. As it pertains to Dr. Tupy, he was the child's treating physician in the local (Adventist) emergency room, and made arrangements for a medical flightfrom Adventist back to UCSF when the child went int...

Excerpt: ...trial are applicable. See Penal Code 51102 and M.B. v. Superior Court 103 Cal.App.4th 1384, 1393-1394. On 04/14/23, the grand jury— through the Office of the District Attorney—caused to be served at the offce of the custodian of records for the County of Tuolumne a civil subpoena for her personal appearance and the production of specific performance and tenure-related documents within a specific former employee's personnel file. The was issue...

Excerpt: ...nt conference (scheduled for 07/07/23) and the trial (scheduled for 08/14/23) for several months so that the parties may contnue working toward a global resolution. In civil cases, "continuances of trials are disfavored." CRC 3.1332(c). As a result, a trial court "may grant a continuance only on an affirmative showing of good cause requiring the continuance." ld. A motion for continuance is addressed to the sound discretion of the trial court. Ho...

Excerpt: ...the approval of the court in which the achon or proceeding is pending, to compromise the same [and) release or discharge any claim of the conservatee pursuant to that compromise." Court approval is required for the compromise or settlement of such a claim. Probate Code 52504. The petition for approval of the settlement must be verified, and presented using the Judicial Council form. The petition must be signed by an attorney of record, and must i...

Excerpt: ...urpose discovery referee to hear the follow-ng motions: plaintiffs' Motion to Compel PMQ Depositions (1-6); plaintiffs' Mohon to Compel Production of Documents at Deposition; plaintiffs' Motion to Compel Further Responses to RPD (2-7); plaintiffs' Motion to Compel Further Responses to Special Interrogatories (11-87); plaintiffs' Motion to Deem Matters (8-21) Admitted; plaintiffs' Motion to Compel Responses to Form Interrogatories; and defendants'...