Excerpt: ...effect as a general demurrer. (Smiley v. Citibank (1995) 11 Cal.4th 138, 146.) If the moving party is a plaintiff, the motion raises the legal issue of whether “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code of Civ. Proc. § 438, subd. (c)(1)(A).) Here, defendant's answer does not state facts s...

Excerpt: ... cause, physical and emotional injury. Plaintiff complained about the bedbugs to defendants' managers and agents, but they failed to abate the infestation. Plaintiff's complaint asserts causes of action for (1) breach of implied warranty of habitability, (2) battery, (3) negligence—premises liability/failure to warn, (4) nuisance, (5) intentional infliction of emotional distress, (6) negligent infliction of emotional distress, (7) breach of con...

Excerpt: ...e parties in this action for equal shareholder interests in the subject corporation, the contract continues to the present day, and the action against defendant is not time‐barred. Plaintiffs filed an ex parte motion to appoint a receiver and for injunctive relief. The court set a noticed hearing date, rather that ruling on the matter ex parte. After being exhaustively briefed, hearing oral argument on January 31, 2020, and counsel for defendan...

Excerpt: ...y Properties, LLC; and (2) plaintiff Brad Jacobson's motion to submit tardy expert witness information pursuant to CCP § 2034.710. By way of background, plaintiff commenced this action on April 22, 2018. The initial trial date was set for June 22, 2020. On April 13, 2020, plaintiff's counsel served a demand for expert witness disclosure. (Defs. Exhibits in Support of Motion, Ex. A.) Plaintiff's demand indicated the date of the exchange was May 1...

Excerpt: ... a judicially supervised settlement under Section 664.6. The action against Gregory Schaefer was voluntarily dismissed with prejudice upon plaintiff's request on May 21, 2020. The request for dismissal did not include a statement that the court retained jurisdiction to enforce the settlement. Plaintiff seeks to vacate or modify the dismissal on the ground that due to mistake, inadvertence, or excusable neglect plaintiff's counsel failed to includ...

Excerpt: ...s entered against defendant in the amount of $21,719.37. Defendant moves to vacate and set aside the default pursuant to Code of Civil Procedure, § 1788.61(a)(1) on the ground that he was never properly served with the summons and complaint. The proof of service in the court's file declares that notice of the hearing and a copy of the moving papers were served on plaintiff's counsel by mail on July 7, 2020. Plaintiff opposes the motion on the fo...

Excerpt: ...public property cause of action of the cross‐complaint without leave to amend, and sustained the demurrer to the breach of contract cause of action of the cross‐complaint with ten days leave to amend. The 1st amended cross‐complaint was filed. Cross‐Defendant People demurred to the 1st amended cross‐complaint. The demurrer was dropped upon request of the People after the 2nd Amended Cross‐Complaint was filed on January 29, 2020. The P...

Excerpt: ... like this case, “the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (Code of Civ. Proc. § 395 subd. (a); see also Cholakian & Assocs. v. Super. Ct. (2015) 236 Cal.App.4th 361, 367–368.) As all the defendants reside in Placer County, the proper court for this action is the Placer County Superior Court. Defendants also request sanct...

Excerpt: ...� 1983; (2) violation of the privileges and immunities clause (Cal. Const., art. I, § 7); (3) writ of mandate (Code of Civ. Proc. (“CCP” § 1085); (4) declaratory relief (Gov't Code § 11350(a), CCP § 1060); (5) injunctive relief; (6) conversion; (7) writ of administrative mandamus (CCP § 1094.5); (8) damages (CCP § 1095, 42 U.S.C. § 1983). Pending is the City's demurrer to the AXC and motion to strike portions of the AXC. 1. STANDARD OF...

Excerpt: .... Cross‐ Complainant Legacy Family Adventures – Rocklin (Legacy) file a cross‐complaint against the City of Rockling (City), Bonsai Design, LLC (Bonsai), and Adventure Operations, LLC (Adventure Operations) asserting various causes of action. Cross‐Defendants Bonsai and Adventure Operations demur to all causes of action pled against them. Cross‐Complainant Legacy opposes the demurrers. Cross‐Defendants replied to the opposition. Demur...

Excerpt: ...evailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code § 1717, subd. (b).) Where the judgment is a “simple, unqualified win” on the contract claim, a trial court has no discretion to deny an attorney fee award to that prevailing party under Civil Code § 1717. (Hsu v. Abbara (1995) 9 Cal.4th 863, 876.) While the fee awards should be fully compensatory, the trial court's role is...

Excerpt: ...ivil Procedure, § 877.6 that the settlement is in good faith. The proof of service filed with the court declares that the parties were emailed notice of the hearing and copies of the moving papers on June 24, 2020. The motion is not opposed. Any party to an action in which it is alleged that two or more parties are joint tortfeasors is entitled to a court hearing on the issue of the good faith of a settlement between the plaintiff and one or mor...

Excerpt: ...fendant Marshall Medical Center did not breach the standard of care regarding plaintiff and defendant Marshall Medical Center did not cause plaintiff's alleged injuries for which he seeks damages. On July 6, 2020 plaintiff filed a statement of non‐opposition to the motion. Motion for Summary Judgment Principles “For purposes of motions for summary judgment and summary adjudication: ¶ * * * (2) A defendant or cross‐defendant has met his or ...

Excerpt: ...ued due to the public health crisis and was finally advanced and set to commence on May 29, 2020. The March 19, April 9, and April 22, 2020 ex parte minute orders continuing the hearing were emailed to the parties. The ex parte minute orders state that the address to which the minute orders were emailed to defense counsel was [email protected]. The hearing on the petition commenced on May 29, 2020. Defendant did not appear. Testimony was pr...

Excerpt: ...was not feasible to focus on preserving the oak woodland within the Highway 50 corridor. In the 137 page tentative ruling incorporated as Exhibit 1 of the judgment and order the court specifically rejected all grounds raised by the petitioner in its challenge to the EIR, except as to the portion of the FEIR/EIR related to the determination of where to focus mitigation of loss of oak woodlands – whether to focus on Highway 50 corridor land to ma...

Excerpt: ...tion, [defendant] offers to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree, upon motion to the court having jurisdiction over this action. [¶] Except as set forth herein, above, each party shall bear its own attorneys' fees and costs of suit. Plaintiff may accept the above offer by signing the following statement that ...

Excerpt: ...Charlene Bosso's Further Responses to Special Interrogatories, Set One. Plaintiffs move to compel defendant Charlene Bosso to provide further responses to special interrogatories, set one, numbers 35‐41 on the grounds that the objections that the special interrogatories are vague, ambiguous, or unintelligible, they call for legal conclusions, the special interrogatories call for an expert opinion, and that the special interrogatories seek infor...

Excerpt: ...rted of 32 affirmative defenses. On May 28, 2020 plaintiffs filed a motion for judgment on the pleadings on defendants Federal Home Loan Mortgage Corp.'s, JP Morgan Chase Bank's, and MTC Financial, Inc.'s answer. Plaintiffs contend that judgment on the pleadings on the entire answer and each and every affirmative defense should be granted because the 32 boilerplate affirmative defenses fail to allege sufficient facts to establish such affirmative...

Excerpt: ...the court denied plaintiff's motion to reconsider that ruling. On January 24, 2020 plaintiff filed a 2nd amended complaint against defendants, including defendant MERS, asserting the following causes of action: cancellation of the MERS assignment of the deed of trust as MERS is not registered as a foreign corporation; cancellation of the assignment of the deed of trust, because MERS lacked standing or legal authority to assign the subject deed of...

Excerpt: ... defendant and accepted. Defendant contends: the Code of Civil Procedure, § 998 offer to compromise provides that no judgment shall be entered; the plaintiffs are seeking entry of judgment along with the petition to authorize the minor's compromise; the petition states that the minor suffered anxiety and depression, which was not alleged in the complaint; the petition falsely states that defendant Wentzel witnessed the incident, which was not al...

Excerpt: ...plaintiff in the amount of $60,000; defendant Mack executed a continuing guaranty of the loan; that there remains, due, owing and unpaid a principal balance in the amount of $30,534.15; and defendant Mack failed to cure defendant Senworth, Inc.'s default on the contract. On March 5 2020 the court dismissed the account stated and money lent causes of action upon plaintiff's request, leaving the breach of contract cause of action pending. Plaintiff...

Excerpt: ...lan for the association's future financial needs; breach of fiduciary duty by failure to conduct a reserve study, failure to fund reserves, selective enforcement of the C,C,&Rs, and failure to fund the reserves; violation of Civil Code, § 5100 by conducting elections without properly sending ballots, failure to properly retain inspectors of elections, and tainting the entire voting process; violation of Civil Code, § 5200 by failing and refusin...

Excerpt: ...aintiff Cain. Defendant Cheryl Mendonsa responded on July 16, 2018 by filing an answer and a crosscomplaint against plaintiff Cain for rescission of the agreement due to allegations asserting that defendant mistakenly executed the document, defendant was unduly influenced, and defendant Cheryl Mendonsa was the victim of financial elder abuse. The plaintiff's demurrers to the cross‐complaint and 1st amended cross‐complaint were sustained. The ...

Excerpt: ...isleading reports and statements, as well as recovery for unfair business practices that injured the membership of the club by allegedly suppressing non‐confidential financial information and defendants receiving ill‐gotten gains that rightfully belong to the club membership. Defendants move for an order requiring plaintiffs to post a bond n the amount of $50,000 in order for them to continue to pursue the derivative actions. Defendants argue...

Excerpt: ... Request for Production of Documents (Set One) on both plaintiffs by certified mail. No responses were received by the deadline. Thereafter, defendants filed a motion to compel plaintiffs' responses to the discovery requests. Plaintiffs did not serve any responses prior to the hearing on the motion, they did not oppose the motion, and they did not appear at the hearing on March 20, 2020. The court granted defendants' motion to compel responses an...