Excerpt: ... failed to perform as stated and promised and the installation allegedly caused serious roof leaks that resulted in extensive damage to the interior of plaintiffs' home. Defendant demurs to the unfair business practices and financial elder abuse causes of action on the following grounds: these fraud based claims fail to meet the required specificity of pleading facts to support the elements of fraud based causes of action; and puffing and sales t...

Excerpt: ...e ground he walks on. Defendant demurs to all causes of action on various grounds and plaintiff opposes the demurrers on various grounds Demurrer Principles When any ground for objection to a complaint appears on its face, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by demurrer to the pleading. (Code of Civil Procedure, § 430.30(a).) “‘A demurrer admits all mater...

Excerpt: ...2020 defendant was served by posting on the residence door in accordance with the court's order and mailing those documents to the address of the subject residence on March 9, 2020. On April 2, 2020 default was entered against defendant and a judgment for possession entered by the clerk. The request for entry of default declares that the request was served by mail to defendant's address at the subject residence on March 21, 2020. The writ of poss...

Excerpt: ...atories (Set One), and (3) Request for Identification and Production of Documents, and ordered defendant's counsel to pay plaintiff $900 in monetary sanctions under the Discovery Act. That same day, defendant's counsel personally served on plaintiff's counsel defendant's discovery responses, along with a verification that was not attached to any set of responses. On July 9, 2019, plaintiff's counsel received a check for $900. On July 19, 2019, pl...

Excerpt: ...elling the Bathylogger, BathyCat, BL 200, BL 230, and Bathynav; and to prohibit them from marketing, advertising, or selling any other product which competes with plaintiffs products. Defendant opposes the motion on the following grounds: there is no likelihood that plaintiff will be successful in proving trade secret misappropriation in this litigation; plaintiff's implication that defendants product line is similar to plaintiff's and that it es...

Excerpt: ...d the formation of the contract; the plaintiffs failed to allege sufficiently clear and certain terms related to the date defendant's performance was due to repay the alleged loans; and plaintiffs failed to include an indispensable party, the plaintiffs' daughter, who was dating defendant at the time and received the benefits of the alleged contracts giving her a claim of a personal interest in the claims of plaintiffs that defendant must repay t...

Excerpt: ..., forced plaintiff to perform work at an unauthorized private property location for the financial benefit of Chavez, which he contends constitutes slave labor and violated his civil rights. Plaintiff further alleges he was forced to buy meals for Chavez, he was left unsupervised, and he was exposed to unsafe working conditions which resulted in personal injuries. Plaintiff's complaint, filed November 27, 2019, alleges causes of action for (1) gen...

Excerpt: ...r failure to pay rent, plaintiff filed this civil action and the instant ex parte application for a TRO and Preliminary Injunction directing that defendant and the property occupants vacate the property within five days of service of the TRO/Injunction; that plaintiff is to be placed in possession of the property; and that all personal property remaining on the property is to be sold or otherwise disposed of as provided in Code of Civil Procedure...

Excerpt: ...ner “can do more to emphasize noise limitations” to VHR occupants. 1. PROCEDURAL BACKGROUND Lake Tahoe Properties is a property management company specializing in vacation rental properties. They are the representative/agent for Ismael Pulido and the Pulido Rathwell Trust, the owner of real property located at 889 Rainbow Drive in South Lake Tahoe. (Pet. Opening Br., Ex. A to Ex. 1 (“AR”), AR pp. SC2019011816, SC2019011820.)1 Pulido and p...

Excerpt: ...ner “can do more to emphasize noise limitations” to VHR occupants. 1. PROCEDURAL BACKGROUND Lake Tahoe Properties is a property management company specializing in vacation rental properties. They are the representative/agent for Karen Lienert, the owner of real property located at 716 Clement Street in South Lake Tahoe. (Pet. Opening Br., Ex. A to Ex. 1 (“AR”), pp. AR SC20190117010– 11.)1 Lienert was issued VHR Permit No. 005410 (eff. M...

Excerpt: ...set a hearing for a default judgment prove‐up. On June 11, 2020, Liu filed an ex parte application to vacate entry of default and to vacate the hearings on plaintiff's motion for attorney fees and the default judgment prove‐up. The court then scheduled a hearing on Liu's application for July 10, 2020, on a regular Law and Motion calendar. The parties have fully briefed the pending application for relief from default. Liu's application is made...

Excerpt: .... 1. STANDARD OF REVIEW A demurrer is directed at the face of the complaint and to matters subject to judicial notice. (Code of Civ. Proc. § 430.30, subd. (a).) “It is not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which he describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading.” (Comm. on Children's Television, Inc. v. Gen. Foods Corp. (19...

Excerpt: ...rmal discovery order was not presented to the court until later and was entered on April 1, 2020. The proof of service of the notice of ruling filed on April 8 2020 declares that on April 7, 2020 notice of the ruling was served on plaintiff by mail to plaintiff's address of record. Arguing that the plaintiff has not complied with the court's discovery order, defendants move for an order imposing the terminating sanction of dismissal of plaintiff'...

Excerpt: ...nt Conwell, and defendant Kelley. On June 5, 2019 plaintiffs Barbot filed the instant action against defendants Bonita Conwell, Thomas Conwell, and Kathleen Kelley for injuries defendant Robert Barbot allegedly sustained as a result of the motor vehicle accident on July 14, 2017 and for alleged damages for loss of consortium suffered by his spouse, plaintiff Courtney Barbot. Defendant Kelley moves to consolidate the two actions that involve claim...

Excerpt: ...5, 2019, plaintiff's attorney requested a 30‐ day extension to respond because plaintiff had injured herself and needed time to recover. Defendant agreed to the 30‐day extension. Plaintiff did not serve any verified responses prior to the deadline. Rather, plaintiff served unverified responses on defendant on January 23, 2020, the same day defendant filed its motions to compel responses to discovery requests. Furthermore, plaintiff did not se...

Excerpt: ...0. Plaintiff's proposed order directs that defendant be compelled to produce all attorney‐client privileged documents regarding communications between the HOA and attorney Deon Stein as to all issues raised in the complaint without limitation to the enactment of the large livestock rule, which were requested in the subject deposition notices. Defendant HOA opposes the motion on the following grounds: the court can not compel further production ...

Excerpt: ...y sanctions in an unspecified amount. The proof of service declares that on January 6, 2020 the notice of hearing, the motion, and the declaration submitted in support of the motion were served by mail on plaintiff's counsel. The declaration in support of the motion was not executed. An executed supplemental declaration was filed on February 20, 2020, which explained the prior declaration was inadvertently not signed and that all statements in th...

Excerpt: ... February 24, 2020 the amended notice of the hearing was served by mail on plaintiff's counsel; and on February 3, 2020 the initial notice of hearing and moving papers were served by mail on plaintiff's counsel. Cross‐Defendant opposes the motion on the following grounds: the civil court has no jurisdiction to decide anything about the property owned by cross‐complainant and crossdefendant, because the Family Law Court had acquired prior juri...

Excerpt: ...igence per se, (3) violation of a non‐delegable duty, (4) failure to maintain a safe workplace, and (5) loss of consortium. Now pending is SMC's motion for summary judgment or, alternatively, summary adjudication on the basis that the complaint is subject to the workers' compensation exclusivity provisions of the Workers' Compensation Act, Labor Code §§ 3600, et seq., and the Privette doctrine, which bars contractor liability for injuries sus...

Excerpt: ...respond because plaintiff had injured herself and needed time to recover. Defendant agreed to the 30‐day extension. Plaintiff did not serve any verified responses prior to the deadline. Rather, plaintiff served unverified responses on defendant on January 23, 2020, the same day defendant filed its motions to compel responses to discovery requests. Furthermore, plaintiff did not serve verifications prior to the hearing on February 21, 2020, she ...

Excerpt: ... aside the Settlement Agreement referenced in the Stipulation, also dated as of March 4, 2020. The Set‐Aside Order also directed the court clerk to set an unlawful detainer trial date in accordance with the various emergency orders issues by the Judicial Council relating to the COVID‐19 health crisis. The orders memorialized in the Set‐Aside Order were made at a hearing held on April 1, 2020. That same day, the court scheduled the trial for...

Excerpt: ...ult prove up hearing was heard on April 16, 2018. On April 26, 2018 the formal written judgment was entered against defendant in the principal amount of $55,350.67 for HOA violation fines, $54,966.50 in attorney fees, and costs of $4,491.80, which amounts to $114,808.97. The court also issued a permanent injunction in the judgment directing defendant to do certain things. The judgment creditor moves for an order authorizing the sale of the judgme...

Excerpt: ...el Joel Cooper a.k.a. Dr. Daniel J. Copper, D.O. On April 11, 2018 plaintiff's action against Dr. Daniel J. Copper, D.O., Inc. was voluntarily dismissed with prejudice and plaintiff requested that the court enter a default judgment only against Daniel Joel Cooper a.k.a. Dr. Daniel J. Copper, D.O. On May 8, 2018 a default judgment was entered only against defendant Daniel Joel Cooper a.k.a. Dr. Daniel J. Copper, D.O. in the total sum of $71,555.36...

Excerpt: ...rcki died as a result of the collision. Presently before the court is a Petition to Approve Compromise of Disputed Claim, filed on behalf of the Claimant by her mother and guardian ad litem. The petition states the Claimant suffered pain in her head, low back, right knee, and legs as a result of the collision. Following the incident, she was evaluated at the emergency room. The Claimant has recovered from the effects of the collision and there ar...

Excerpt: ...interrogatories, set 3, Nos. 96, 97, 103, 139, 140, 141, 142, 143, 144. Petitioner alleges respondent's answers were objections and not responsive.1 Petitioner moves to compel further responses and requests an award of monetary sanctions in the amount of $3,000. The proof of service in the court's file declares that on February 14, 2020 notice of the hearing and copies of the moving papers were served by mail on respondent's attorney to compel di...