Excerpt: ...ven distinct ca uses of action. Defendants responded to the complaint with a demurrer directed at the 4 th (negligent misrepresentation), 5th (intentional misrepresentation) and 6th (unfair practices) causes of action. According to defendants, all three causes of action are uncertain, and the 4th and 5th causes of action also fail to state a cause of action. A demurrer is a legal challenge to the adequacy of a pleading, not a challenge to the val...

Excerpt: ...as filed after that. Largely because a claims examiner “ agreed” to resolve the claim for $95,000, it appears that plaintiff's counsel has been prosecuting this personal injury claim without a client or a bona fide representative for quite some time. Counsel went so far as to appear at case management conferences, and serve unverified discovery responses, maintaining what some might describe as a rouse in order to keep up appearances in the h...

Excerpt: ... detail despite the apparent absence of notice. But first, the RFA motion. According to defendant, on 04/07/2025, plaintiff was served through her former counsel of record with a second set of RFAs (Nos. 17 -72). This Court does not recall the defense discussing pending RFAs at the hearing on the motion to withdraw, but as a matter of common courtesy, when discovery is outstanding and the responding party suddenly goes in pro per, additional time...

Excerpt: ... a writ of manda mus (ie, CCP §1085 or CCP §1094.5). However, based on the relief sought, this Court will assume that petitioner is seeking mandamus relief, obviating any discussion about government claim filing and the like. Also, by viewing this as mandamus only, this Court intends to limit the record to that which was before the school board in making its decision not to re -up petitioner to a position with the district, unless there is a ti...

Excerpt: ... transfer his o r her membership interest to another (see Paras 8.2 -8.8). In 2009, Susan and Stanley helped Desmond created an irrevocable trust for Desmond's daughter Hannah, transferring Desmond's 1/3 interest in the LLC to the trust. Since this was a complete transfer of Desmond's interest, Susan and Stanley had a first right of redemption (see Para 8.3) which they obviously declined to exercise. Since Hannah did not execute a counterpart to ...

Excerpt: ...ismissed by the DA when questions arose about Mr. Redick's role in the alleged theft. Unsatisfied with the victory of avoiding prosecution, Mr. Reddick filed civil lawsuits against Lowe's, the District Attorney, the county jail, the County and the Sonora PD (see CV63539, CV63591, CV63592, and CV63593) to extract his pound of revenge. Due to a remarkably unfortunate series of clerical mishaps in 2021, Mr. Redick was able to secure patently -defect...

Excerpt: ...dings. This is commonplace in collections cases to secure the RFAs, then proceed with a MJOP, hoping to avoid the time -consuming MSJ route. It is an imperfect solution to a routine problem, which is frequently bogged down with issues raised in an answer. Why? Because a MJOP by a plaintiff must show (1) that the complaint states facts sufficient to constitute a viable claim against the defendant and (2) that the answer does not state facts suffic...

Excerpt: ...ments and pr ayers relating to attorney fees, punitive damages, alter ego allegations, fraud, and unfair business practices. Also before the Court this day is a demurrer by those same defendants, directed at the whole of the First Amended Complaint and to each of the five causes of action contained therein. Before addressing the motions in detail, both sides agree that the reference to “injunctive relief” in the operative pleading – whether...

Excerpt: ...from a request f or a domestic violence restraining order (FL18192), which was dismissed for lack of prosecution. The salient facts intertwined within these cases are these: Stefan (67) and Cheryl (57) were reportedly in a relationship that varied between “romantic” and “business” – culminating in an equal “50/50” joint tenancy ownership of said parcel with various encumbrances. Before the Court this day are additional motions perta...

Excerpt: ...preliminary tit le report to “mobile home or manufactured housing unit and appurtenances, if any, located on said land.” Sometime after closing, plaintiff discovered that the residence thereon was in fact a double -wide 1,056 sq ft mobile home with 1,644 sq ft of “unpermitted” improvements thereto. More critically, plaintiff discovered that the 1,056 sq ft mobile home was not actually owned by the sellers, but instead owned by uninvolved ...

Excerpt: ...ault to both the plaintiff -driver for failing to keep a proper defensive look -out, and to Cal -Trans for erecting a sign that impaired necessary si ght -lines. Most of the plaintiffs have settled their claims, leaving only Judy in the case. She was seated in the rear passenger side, which seemingly took the brunt of the impact. She suffered the most serious of the injuries, and has the highest special damages; however, there are policy limit is...

Excerpt: ...st two years, on ly to be voluntarily dismissed by the DA when questions arose about ID'ing Mr. Redick on the supplied in -store video. Unsatisfied with just the voluntarily dismissal, Mr, Reddick filed civil lawsuits against Lowe's, the District Attorney, the jail, the County and the Sonora PD (see CV63539, CV63591, CV63592, and CV63593). Due to a remarkably unfortunate series of clerical mishaps back in 2021, Mr. Redick was able to secure defau...

Excerpt: ...k of prosecut ion. The salient facts intertwined within these cases are these: Stefan (67) and Cheryl (57) were reportedly in a relationship that varied between “romantic” and “business” – depending on the apparent needs of the day. Stefan owned two homes: 20479 Bay Meadows Drive, and 20489 Bay Meadows Drive. Stefan suffered a stroke in 2020. Shortly thereafter he executed a deed granting Cheryl a 50% interest in both properties. Cheryl...

Excerpt: ...ntiff to withdraw from the case. An attorney may withdraw as counsel of record if the client breaches the agreement to pay fees, insists on pursuing invalid claims or an illegal course of conduct, or when other conduct by the client renders it unreasonably difficult for the attorney to do his job, including when there is a breakdown in the attorney -client relationship. See CRPC and Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1014. If t...

Excerpt: ...commonly known as 19895 Old Buchanan Mine Road. Defendant owns APN 087 -060 -006 -000, commonly referred to as 20040 Old Buchanan Mine Road. Before the Court this day is a preliminary injunction filed in both actions by each plaintiff, seeking an order barring defendant's use of the subject portion which defendant contends to be burdened by a prescriptive easement. (Plaintiff Jensen also has reserved a request set aside the entry of default on th...

Excerpt: ...g the complaint from the cross -complaint, the Court of Appeal found that the initial judgment entered in the case “must have been” limited to the complaint because there was no reference to, or findings made regarding, the cross -complaint. Thus, the Court of Appeal allowed the cross -complaint to survive and run its own course, albeit using the same case number. The cross -complaint went through a few iterations, eventually succumbing to th...

Excerpt: ... in the other. However, the motion – which is unopposed – does not provide enough information for why consolidation makes sense, let alone how it would avoid jury confusion. Pursuant to CCP §1048(a), “when actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orde...

Excerpt: ...-relative liv e-in caregiver (see PR12029). During that administration, James died, leaving his own intestate estate to be administered (see PR12267). Meanwhile, John's live -in caregiver (Christi) filed this civil action claiming that John promised her that if she moved in and provided him with care/comfort in his waning years, that upon his passing he would gift her his home. Since James caused that property to be inventoried as part of John's ...

Excerpt: ...e to discern the identity of the unwelcomed ophthalmologist, and injured his knee during a spontaneous retreat from a perceived overhand right (possibly with a flashlight in hand) that did not land. Plaintiff alleges four causes of action, two of which (intentional trespass and assault) include a prayer for punitive damages. Defendant has moved to strike those prayers. Pursuant to CCP §§ 435 and 436, a party may move for an order striking from ...

Excerpt: ...“massages” in which they were entirely undressed, uncovered and touched “inappropriately” over the course of many separate sessions. These plaintiffs eventually came to learn of one another and decided to file suit. Before the Court this day is a demurrer to the Second Amended Complaint on the singular ground that there is a misjoinder of parties. CCP §430.10(c). A “misjoinder” of parties occurs when plaintiffs lack sufficient unity ...

Excerpt: ...a claims exa miner “agreed” to resolve the claim for $95,000, it appears that plaintiff's counsel has been prosecuting this personal injury claim without a client or a bona fide representative for quite some time. Counsel went so far as to appear at case management conferences, and serve unverified discovery responses, maintaining what some might describe as a rouse in order to keep up appearances in the hopes that his wayward client would so...

Excerpt: ...DA when question s arose about ID'ing Mr. Redick on the supplied in -store video. Unsatisfied with just the voluntarily dismissal, Mr, Reddick filed civil lawsuits against Lowe's, the District Attorney, the jail, the County and the Sonora PD (see CV63539, CV63591, CV63592, and CV63593). Due to a remarkably unfortunate series of clerical mishaps back in 2021, Mr. Redick was able to secure defaults in those cases for a combined total of $107,733,00...

Excerpt: ...preciate. Decede nt's family secured a medical transfer to the local Adventist Health emergency room, where decedent was assessed as having a serious brain bleed and a skull fracture. Decedent was transferred to a trauma facility in Modesto, which effectively concluded that decedent was at end -stage dementia. Soon thereafter, decedent was transferred to a private hospice provider in Stanislaus. Decedent passed away from acute respiratory failure...

Excerpt: ...is is one of those “be careful what you wish for” scenarios since returning defendant to the status ante will require defendant to p ut plaintiff in the status ante as well. To qualify as a proper ground to have a default set aside on equitable grounds, the aggrieved defendant must demonstrate that the entry of default occurred – in whole or in part – as a result of defendant's inadvertence, mistake, surprise or excusable neglect. CCP §4...

Excerpt: ...he dispute from arbitration, and instead apparently negotiated a settlement directly with defendant's claims administrator. After that settlement was reached (but not consummated in writing), defense counsel filed a Notice of Stay based upon the bankruptcy case. Before the Court this day is a motion by plaintiffs to “lift” that stay in order to consummate the settlement. Both sides have touched upon the impact of a Chapter 7 filing, but neith...