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'...

Excerpt: ...nt's intent to follow through with the agreement, to date that compliance has been elusive. See Ward Declaration, Paragraphs 5-6. Before the Court this day is plaintiff's moton to enforce the settlement by way of a judgment. Pursuant to CCP 5664.6, if parties to pending litigation agree to settle in a writing signed by the parties or their attorneys of record, the court may enter judgment pursuant to the terms of that settlement. This statute was...

Excerpt: ...e judgment debtor, on written notice to the judgment creditor, may make a motion to vacate the judgment under this section." The requirement that debtor give creditor notice includes two related obligations: first, delivery of a copy of the moving and supporting papers to the opposing side's attorney at least 16 court days prior to the date set for hearing (CCP SS 1015); and second, a sworn statement filed with the court showing that the aforemen...

Excerpt: ...o includes with this demurrer a request for sanctions pursuant to CCP 5128.5. Pertinent Background Facts On 03/10/17, plaintiff (in his corporate capacity) and defendant entered into a Professional Services Agreement. In pertinent part, it was agreed between the parties that: 1) plaintiff would work for defendant as an independent contractor rather than as an employee (see PSA SS 5.1-5.9); 2) either side could terminate their business dealings wi...

Excerpt: ...ly exhaust the statutory meet and confer requirement. Although counsel indicates having sent a letter to plaintiff inviting a response (see Nagle Decl Para 3), without seeing the letter itself, it is impossible to conclude that it qualified as a faith effort to secure a meeting in person or by telephone. CCP 5430.41. Moreover, since counsel has a phone number for plaintiff, she was obligated to at least try it once. Nevertheless, plaintiff's fail...

Excerpt: ...rty, leaving just Darryl to occupy the property as he saw fit. In 2021, Richard 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. They then sent a "demand" to Darryl to partition the property, and an "offer" to Darryl to buy his share. Sometme (not stated), Darryl alleges that he loaned Richard $115,000, and was repaid only $10,000. Accordi...

Excerpt: ...husband with some backyard training exercises when Ryker bit her.l Before the Court this day is defendant's statutory moton for judgment on the complaint. A statutory MJOP is similar to a demurrer, except that a MJOP (1) can be made at any tme 30 days prior to the initial trial date, but (2) only after defendant has answered and (3) only on the grounds of subject-matter jurisdiction or failure to state a cause of action. CCP The rules governing p...

Excerpt: ...eposition; o Plaintiffs' Motion to Compel Further Responses to RPD (2-7); o Plaintiffs' Motion to Compel Further Responses to Special Interrogatories (11-87); o Plaintiffs' Motion to Deem Matters (8-21) Admitted; o Plaintiffs' Motion to Compel Responses to Form Interrogatories; o Defendants' Motion to Appoint a Discovery Referee; o Defendants' Motion for Protectve Order. The parties were previously ordered to meet and confer, and to file a joint ...

Excerpt: ...on that the Seller- Defendants manipulated the financial books by inflating values and omitting debts. Plaintiff(s) also claimed that the Seller-Defendants failed to keep up the properties, to give access to software or to satisfy wage concerns. On 10/23/20, this Court entered an order granting the Seller-Defendants' motion for summary adjudication as to each of the five remaining causes of acton. Judgment for Seller-Defendants was entered that s...

Excerpt: ...at (1) the complaint states facts suffic:ient to constitute a viable cause of action against the defendant and (2) the answer does not state facts sufficient to constitute a defense to that cause of action. CCP 5438(c); see Templo v. State of california (2018) 24 cal.App.5th 730, 735; aezirdjian v. O'Reilly (2010) 183 cal.App.4th 316, 321. The grounds for the motion must appear on face of pleadings (the complaint and the answer), or from facts ju...

Excerpt: ...ording to plaintiff 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 $106,000 on 06/07/01). Eventually plaintiff and her husband Rodney made friends with a neighbor, Aiden Tinney. o In early 2019, plaintiff confided in Aiden that she was experiencing financial stressors due to an unpaid tax bill. Being a good friend/neighbor, Aiden offered to l...

Excerpt: ...10,000, but instead of signing the papers to transfer the mobile home to plaintiffs, Foust (in ate 2020) sold the mobile home to co-defendant Rawhide Mobile Home Park in Jamestown, where the mobile home was situated. Rawhide then moved to evict plaintiffs from the home (see CVL63541). That CID action was stayed, and eventually "consolidated for all purposes" with the pending civil action (see Minute Order dated 09/19/22). Plaintiff John was dismi...

Excerpt: ...n, hereinafter "FERC"). See 16 USC 5817(1). As part of that process, the applicant must present to FERC "a certification from the State in which the discharge originates [certifying) that any such discharge will comply" with applicable effluent limitations, i.e., restrictions on the quantity, rate, and/or concentration of pollutants discharged from point sources into navigable waters. 33 USC SS 1341(a)(1), 1362(11); 40 C.F.R. S 122.44(k). The Sta...

Excerpt: ...t (PR12032). Defendant, as decedent's personal representative, sought to have plaintiff evicted from the property (see CVL64760). 80th actions are awaiting resolution of this civil action. Before the Court this day is a motion by defendant to strike the First Amended Complaint filed 12/21/22 because it was filed without first securing leave of court. See CCP SS 472(a), 473(a)(1), 576. The filing of an unauthorized pleading may be addressed by way...

Excerpt: ...The goal thereof is to add a new cause of action for abuse of process and a "cause of action" called alter ego. Regardless of when the motion is heard (it is presently set to be heard several weeks after trial has commenced), a review of the court file in anticipation of foreseeable issues with the abuse of process cause of action reveals a concern. This action was commenced on 12/13/17. There is nothing in the ROA suggesting a CCP 5583.340 calcu...

Excerpt: ...f issues that plaintiffs wish to drill down into. Second, there is defendants' ex parte application for the appointment of a discovery referee. This is based largely on plaintiffs' request for of detailed ESI documents pertaining to corporate entities not directly tasked with decedent's care. Looking ahead, on 04/28/23, there is plaintiffs' consolidated motion to compel further responses to RPDs, RFAs, and interrogatories (form and special). Link...

Excerpt: .../21. Trial is currently set to commence on 09/11/23 — which is not far from the outside fast-track boundary. See Government Code S 68607; Standards of Judicial Administration S 2.2; and TCSC Local Rule 2.05.0. Despite the impending trial date, plaintiff brings forth at this time a motion for leave to file a First Amended Complaint. To amend a pleading already at issue, the sponsoring party is required first to seek leave of court by way of noti...