Excerpt: ...ociation's motion for attorney fees in the amount of $51,052. Wanamaker became the owner of a unit in the Association's complex on January 9, 2019, after his mother passed away. As a member of the Association, Wanamaker was subject to the Association's governing documents. This was an action to enforce the governing documents. Civil Code § 5975 provides that “[i]n an action to enforce the governing documents, the prevailing party shall be awar...

Excerpt: ...e causes of action on the following grounds: the 1 st amended cross‐complaint is uncertain and fails to allege sufficient facts to establish that cross‐ defendant has violated the no contest clause of the Trust instrument; the underlying breach of contract complaint does not attack the validity of the Trust and only seeks to enforce a contract signed by cross‐complainant to revoke the Trust and transfer real property to cross‐ defendant; ...

Excerpt: ...ntiffs to produce documents at the depositions; the documents requested were the same or similar to the documents previously requested; plaintiffs eventually appeared for their depositions, however, they failed to produce any of the requested documents; and despite a request for responses and production, plaintiffs failed to provide any responses to the discovery propounded. Defendants Tenth Hall, Inc. and Carter move to compel responses to the r...

Excerpt: ...led that motion, defendant served Special Interrogatories to Setter Construction (Set Two), which is comprised of an additional 81 interrogatories. (Plaintiff's Ex. 5.) Defendant served with both sets of special interrogatories the Declaration of Eric Miller in Support of Additional Discovery. (Id., Exs. 2, 6.) On January 29, 2020, plaintiff filed a second motion for protective order, to include Special Interrogatories (Set Two). “When interrog...

Excerpt: ...ers to the declaratory relief, breach of contract, breach of the implied covenant of good faith and fair dealing, and accounting causes of action of the 1 st amended complaint. The hearing was continued to August 16, 2019 for a long cause oral argument and later advanced to August 15, 2019. Due to a medical emergency, the hearing on oral argument was continued to September 13, 2019. On August 23, 2019 plaintiff filed a motion for leave to file a ...

Excerpt: ...that Trust; and after decedent's death he recorded a deed that he executed purportedly as a beneficiary of the Trust which purports to convey the real property to himself and decedent Donald Joseph Bracco ™ as joint tenants, a certification of the Bracco Living Trust executed by defendant Schilling, and a UCC‐1 financing statement by and between decedent and defendant. Defendant/Cross‐Complainant filed a cross‐complaint against plaintiff ...

Excerpt: ...o pay for legal services rendered in a dissolution action, monthly billing statements were sent to plaintiff, and plaintiff failed to pay the fees due and owing; and there remains no triable issues of material fact as to plaintiff's entitlement to payment of the balance due and owing for such legal services. The proofs of service declare that on November 26, 2019 the notice of motion and moving papers were served by overnight/express mail on defe...

Excerpt: ...an account stated in monthly billing statements transmitted to defendant at the address provided by defendant and defendant promised to pay the amounts listed on the monthly bills by keeping and utilizing the card; by failing to object to the amount due and owing on each bill, defendant manifested his agreement that the amount listed on the billing statement was correct; at the special request of defendant, plaintiff lent money and rendered servi...

Excerpt: ...mplaint in this action on November 15, 2018. The first amended complaint was filed on July 25, 2019. The first amended complaint asserts the following causes of action against defendants Monica Kohs, Kelly Ramsey, and Elizabeth Pintar: to quiet title; to cancel the recorded 2007 amended land coverage transfer agreement between Janet Ney Walker and Monica Kohs, which amended the 2004 agreement between them that reserved ownership of certain land c...

Excerpt: ...rules and regulations on the ground that defendant complied with the notice within 24 hours of service, leaving no ground to terminate defendant's tenancy. On November 13, 2019 the action was dismissed without prejudice upon request of plaintiff. A proof of service declares that on December 19, 2019 defendant filed and served on plaintiff's counsel a memorandum of costs seeking recovery of $180 in costs for filing and motion fees. There is no mot...

Excerpt: ...Baugh filed and served the 1st amended answer to the cross‐complaint. When any ground for objection to an answer 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 party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or...

Excerpt: ...dicial Council Form (Form PLD‐C‐010.) The form answer does not deny the allegations of the complaint and defendant has only submitted the following statement in answer to the complaint: “That plaintiff is willing to work with defendant and allow a reasonable monthly payment, that will not cause financial hardship, until the payment of $3,915.34 is paid in full. Defendant has attached a copy of the letter that was mailed to the plaintiff, Se...

Excerpt: ...utsche Bank, MERS, and Ocwen Loan Servicing, LLC demur to all causes of action on the following grounds: the Rosenthal Fair Debt Collection Practices Act does not apply to foreclosure proceedings; plaintiff's allegation that defendant Deutsche Bank engaged in outrageous conduct by pursuing foreclosure without legal authority is contrary to facts that are the proper subject of judicial notice that an assignment of the deed of trust to Deutsche Ban...

Excerpt: ...r, and the Morgan Stanley branch manager: financial elder abuse; negligence, negligent supervision, negligence per se, violation of Business and Profession Code, §§ 17200, et seq., fraudulent concealment, breach of fiduciary duty, recovery of assets, subpoena for all financial records, and violation of Corporate Securities Code, §§ 25400 and 25500, et seq. The causes of action are premised upon allegations of improper management of the Trust'...

Excerpt: ... Council Form (Form PLD‐C‐010.) The form answer admits all facts alleged in the complaint, except “the amount owed” and defendant has only submitted the following statement in answer to the complaint: “I was up to date on payments prior to unforseen [sic] financial hardships after relocating to California. It is not that I didn't want to stay current with payments I am unable to pay. I owe the IRS over 10,000[sic] and they have placed m...

Excerpt: ...geable person could not state under oath that the documents that were produced were all the documents responsive to the document categories requested, because he did not search and compile the documents produced and admits that the response to the requests for production did not comply with what the plaintiff wanted in the requests, because there are more documents at their facility that were not produced at the deposition. (Plaintiff's Exhibit C...

Excerpt: ...writ of habeas corpus. The caption on the first page of the petition states, “In the Supreme Court of the State of California.” A copy of the petition was submitted to the trial court. Apparently construing the petition as having been filed in this court, it was assigned to a visiting judge for determination. In an eight‐page decision filed October 5, 2018, the petition was denied. On February 27, 2019, the California Supreme Court denied r...

Excerpt: ...overed evidence establishes that he did not own any interest in the Lee Family 6 Children Trust, LLC; he exercised reasonable diligence to discover and produce the evidence at trial; and the evidence was material to defendant's defense against an award of punitive damages. Plaintiffs argue in opposition: the motion should be denied, because defendant failed to timely serve the moving papers on plaintiffs; defendant is not entitled to a new trial,...

Excerpt: ...bruary 14, 2020, to April 10, 2020. Trial is set to begin on June 8, 2020. The court reviewed the email and written correspondence that took place between the parties about the depositions. On June 7, 2019, defense counsel emailed plaintiffs' counsel to follow‐up on deposition dates. (Decl. of M. Schwartz, Ex. B, p. 1.) Plaintiffs' counsel did not respond to that email. (Id., Ex. B, p. 3.) On July 16, 2019, plaintiffs' counsel's secretary email...

Excerpt: ... the notice of entry of the ruling was served on plaintiffs' counsel by mail. Arguing that the plaintiffs have not complied with the court's discovery order, defendants move for an order imposing the terminating sanction of dismissal of plaintiff's action with prejudice for plaintiff's failure to comply with the court's order compelling discovery responses, or, in the alternative, to impose issue sanctions, evidentiary sanctions, or additional di...

Excerpt: ...mits that plaintiff only worked for plaintiff on the date of the subject incident, therefore, plaintiff is excluded from the definition of employee of the homeowner under Labor Code, § 3352(a)(8); and the 5th cause of action is uncertain due to plaintiff's allegation that in paragraph 54 of the complaint that “Defendants employed plaintiff on the day of the subject incident.” Plaintiff opposes the motion on the following grounds: the complai...

Excerpt: ... The court determined that there was an enforceable oral shareholder agreement between the three 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. A jury trial is set to commence on March 10, 2020 on the remaining issues in this litigation. On November 25, 2019 plaintiffs filed a motion for preliminary injunction to b...

Excerpt: ...ff moves pursuant to the provisions of Code of Civil Procedure, § 473(b) to vacate the default and default judgment entered in its favor on the ground that the entry of default and a default judgment was obtained as a result of plaintiff's mistaken belief that it was a valid account and plaintiff has now confirmed to its satisfaction that the account was opened and/or used fraudulently. Plaintiff's counsel declares: the action arose out of debt ...

Excerpt: ...s are imposters who are falsely masquerading as members of the Miwok Tribe, and they have wrongfully taken over control of he Shingle Springs Band of Miwok Indians. Defaults were entered against defendants on October 17, 2019. Defendants move to quash/dismiss the complaint without leave to amend (with prejudice) on the following grounds: the court lacks subject matter jurisdiction to determine whether the “true Miwoks” asserted by plaintiff s...

Excerpt: ...statutes and guidelines when it adopted a mitigated negative declaration and approved a project to replace the existing Newtown Road Bridge and a full environmental impact report is required as there is substantial evidence in the record to support a fair argument that the approval of the project may result in significant impacts to the environment. Respondent County of El Dorado moved to quash service of the summons and petition and requested th...