Excerpt: ...long with various other assets of decedent) upon his death. Plaintiffs allege that Srinivas misappropriated the subject real property by recording a grant deed on July 17, 2015 transferring title of the subject real property from decedent to decedent and Srinivas, husband and wife, as community property with a right of survivorship. On July 6, 2020, Plaintiffs recorded a lis pendens as to the subject real property. Srinivas seeks to expunge the l...

Excerpt: ... on February 16, 2011. (See SA's Request for Judicial Notice, Exhibit 5.) SA claims that it then acquired the subject property from DBank on May 23, 2014. (See SA's Request for Judicial Notice, Exhibit 6.) SA seeks summary judgment in its favor against the Heredias. Alternatively, SA seeks summary adjudication of its causes of action against the Heredias for quiet title, trespass, ejectment, and unjust enrichment. The Court determines that SA has...

Excerpt: ...ding installation of public utilities, and Esau posted bonds with the City to secure construction of those improvements. To date, Esau has not yet installed the required public utilities. Plaintiffs have filed a verified Complaint against the City (not Esau) for Declaratory and Injunctive Relief. The Complaint seeks a declaration that the City is obligated to complete the public utility installations in the Subdivision that Esau was required to d...

Excerpt: ...hat actually occurred. The Court can take judicial notice of statements made by Plaintiff in the prior civil harassment proceedings, but it cannot take judicial notice of the truth of any of those statements. (See, e.g., Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McMort (2001) 91 Cal.App.4th 875, 885-887 and the cases cited therein.) Defendant's motion to strike Plaintiff's Third and Fourth Causes of Action in their entirety is DENI...

Excerpt: ...long with various other assets of decedent) upon his death. Plaintiffs allege that Srinivas misappropriated the subject real property by recording a grant deed on July 17, 2015 transferring title of the subject real property from decedent to decedent and Srinivas, husband and wife, as community property with a right of survivorship. On July 6, 2020, Plaintiffs recorded a lis pendens as to the subject real property. Srinivas seeks to expunge the l...

Excerpt: ... on February 16, 2011. (See SA's Request for Judicial Notice, Exhibit 5.) SA claims that it then acquired the subject property from DBank on May 23, 2014. (See SA's Request for Judicial Notice, Exhibit 6.) SA seeks summary judgment in its favor against the Heredias. Alternatively, SA seeks summary adjudication of its causes of action against the Heredias for quiet title, trespass, ejectment, and unjust enrichment. The Court determines that SA has...

Excerpt: ...eg injuries that he had suffered earlier. Plaintiff's claim against PG, therefore, is essentially one for professional negligence. In a medical malpractice case such as this one, when a defendant moving for summary judgment supports its motion with an expert declaration that its conduct fell within the applicable standard of care, the motion must be granted unless the plaintiff comes forward with conflicting expert evidence. (See, e.g., Hanson v....

Excerpt: ...ceremony held in Plaintiff's backyard with the intent of disrupting it; (3) trespassed on Plaintiff's property and removed ornamental plants; (4) sprayed Plaintiff with a "substance with a foul smell" like urine while Plaintiff was seated in his backyard; and (5) on several other occasion, sprayed Plaintiff and his family with a garden hose while Plaintiff was seated in his backyard. (See Complaint, paragraphs 9-10, 12-16, 19, 21-22, and 24-26.) ...

Excerpt: ...lifornia. In Opposition to the Motion, Plaintiffs' evidence is too speculative to meet their burden to show triable issues of material fact regarding whether Mr. Sexton actually worked with pipe covered with Somastic when Defendant was the sole manufacturer. From 1946 to 1953, Defendant was the sole manufacturer and distributor in 11 western states including California of "Somastic" an anti-corrosive coating for steel pipe, which was made from a ...

Excerpt: ...nd they have advanced to the first trust deed payments to prevent foreclosure. That combined amount is approximately $100,000. The Court determines that an appropriate undertaking is based on (1) the $100,000 figure referenced above, at a legal rate of interest (10%) for a period of six months, with that amount subject to being increased if this case is not resolved within six months, and (2) the $2,700 that Defendants estimate they will incur in...

Excerpt: ...ed Third Amended Complaint", nunc pro tunc, will only serve to further confuse the Court's records for this case. Instead, Plaintiffs will be permitted to file a Fourth Amended Complaint, in substantially the same form as the pleading attached as Exhibit 1 to the declaration of Plaintiff's counsel, but changing the caption from "Corrected Third Amended Complaint" to "Fourth Amended Complaint". The Court determines that this motion, and the declar...

Excerpt: ...onomic relationship that Plaintiff contends he had with Apple Inc. ("Apple"). But the undisputed facts establish that any connection Plaintiff had with Apple was solely a result of his employment as a sales representative for Neopost. Apple's contract was with Neopost, not Plaintiff, and the only economic benefit Plaintiff achieved as a result of the contract between Apple and Neopost consisted of sales commissions paid by Neopost, not Apple. (Se...

Excerpt: ... for the majority of the material, nonparty witnesses in this case, trial in El Dorado County would be vastly more convenient than trial in Alameda County. WSR identifies 19 witnesses whom it intends to call for trial, each of whom has submitted declarations in support of this motion. Of those 19 witnesses, 10 are South Lake Tahoe police officers or officers with the El Dorado County Sheriff's office who were involved in the response to, and inve...

Excerpt: ...ents AHS may have made to the Department of Industrial Relations. Plaintiff's First Amended Complaint, however, continues to allege numerous facts that have little relevance to the causes of action that Plaintiff was given leave to allege, but instead appear to be related to causes of action for which the Court already sustained AHS's prior demurrer without leave to amend for the reasons stated in the Court's January 15, 2021 order. Primary among...

Excerpt: ...November 30, 2020. Although the November 30, 2020 trial date was also vacated, pursuant to the Court's order entered November 16, 2020, no language in the November 16, 2020 order indicated that discovery would remain open, or that the deadlines for any discovery motions were vacated or would be based on any subsequently set trial date. Therefore, the last day on which this motion could be heard, pursuant to Code of Civil Procedure section 2024.03...

Excerpt: ...hibited by another law". Code of Civil Procedure § 340.1(b)(1) became effective January 1, 2020. Plaintiff's claims accrued approximately 40 years ago. The Court determines that Plaintiff's request for treble damages, as against the District, is barred by Government Code § 818, as well as the presumption against retroactive application of new or revised statutes. Government Code § 818 provides that a public entity is not liable for punitive da...

Excerpt: ...21.) Plaintiffs later learned from decedent's former employer on May 25, 2018 that decedent's insurance and retirement benefits had already been disbursed. (See First Amended Complaint, paragraph 40.) In addition, the probate court's order on final distribution in decedent's probate case (Case No. RP17- 850469), which court records indicate was issued on September 26, 2018, contained no provision concerning decedent's insurance or retirement acco...

Excerpt: ...08) 164 Cal.App.4th 748, 759-762.) In addition, although the District argues that it has somehow relied to its detriment on language in a prior version of Government Code § 905(m) enacted in 2009, which exempted from claims filing requirements suits for childhood sexual abuse occurring after 2009 only, the District offers no explanation as to how it relied on that prior version of § 905(m). It is also unclear to the Court how the that premise c...

Excerpt: ...ach other and were "in part, acting within the scope and authority of such relationship". In paragraph 5 of Plaintiff's Second Amended Complaint, he alleged that Defendants "were, in part, acting within the scope and authority of such relationship, and in part, acting outside the scope and authority of such relationship". The purpose of the sham pleading doctrine is to prevent a plaintiff from omitting facts from an amended pleading that made a p...

Excerpt: ...acity. Any harm alleged was suffered by premises owner H. Marshall Properties LLC ("HM") and/or H.A. Marshall Investments Inc. ("HAM"), which operates a business at the premises, not Mr. Marshall (the CEO of HM and HAM) in his individual capacity. As to the Ninth Cause of Action for Intentional Infliction of Emotional Distress, Plaintiffs have not alleged any extreme and outrageous conduct by Defendants intended to cause Mr. Marshall severe emoti...

Excerpt: ...ion ("the inspection report"). The inspection report indicated that various parts of the car were "checked and ok at this time"; other parts "may require future attention"; and "operation of horn, interior lights exterior lamps, turn signals, hazard and brake lamps" was marked "requires immediate attention". (See FP's Separate Statement Facts ("SSF" Nos. 1-2 and 8 and the evidence cited in support.) The inspection report was based on a visual ins...

Excerpt: ...date, in the amount of $40,586. The arguments Defendant raises in this motion are essentially arguments that could have been raised at the outset of this case, in a demurrer. Defendant argues, inter alia, that (1) Plaintiff cannot maintain a claim for breach of contract as a third party beneficiary of the contract between Defendant and Alameda Health Systems, based on the express language of the contract itself; (2) Plaintiff has not alleged a vi...

Excerpt: ...nt a preliminary injunction, the court considers two interrelated factors: the likelihood that the plaintiff will prevail on the merits of his claims, and the relative interim harm to the parties form the issuance or nonissuance of the injunction. (See, e.g., Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) The court cannot issue a preliminary injunction unless it is reasonably probable that the plaintiff will prevail on the merits o...

Excerpt: ...ion as to one of the two units in the duplex, and (2) that Defendants cannot maintain residence at both units of the duplex, but instead must choose one or the other. On July 2, 2020, the Court granted Defendants' motion for summary judgment. In its order, the Court determined that (1) Plaintiff had not identified any provision of the lease as to which there was any controversy over the provision's construction or validity, and (2) that Plaintiff...

Excerpt: ... was already overruled. (See, e.g., Bennett v. Suncloud (1997) 56 Cal.App.4th 91, 96-97.) To the extent that the Bennett case conflicts with other cases allowing a party to demurrer to an amended pleading even after an earlier demurrer was overruled (see, e.g., Pavicich v. Santucci (2000) 85 Cal.App.4th 382, 389), the Court elects to follow Bennett, not Pavicich. In particular, the Court already rejected Defendants' argument that this case is bar...