Excerpt: ... & Jillson (“Alling”) is denied. It is unnecessary to deem the SOS as the agent for process when defendant knows where to serve documents on Alling, as well as who may accept service of the documents on behalf of Alling, and Alling has agreed to accept service. Defendant is referred to Code of Civil Procedure §§ 415.20, 415.40, and 416.10, and Corporations Code § 17701.16 regarding service of process on an out‐of‐state limited liabilit...

Excerpt: ... the complaint and defendant has only submitted the following statement in answer to the complaint: “I HAVE NO PROBLEM HONORING MY DEBT. HOWEVER, I WOULD LIKE TO BE ABLE TO MAKE REASONABLE PAYMENTS AS I AM A DISABLED VETERAN, SINGLE PARENT & JUST RECENTLY OBTAINED A HOME AFTER BEING HOMELESS FOR APPROX 9 MOS.” (Emphasis in original.) Plaintiff moves for entry of judgment on the pleadings on the grounds that the complaint states a cause of act...

Excerpt: ... a motion for judgment on the pleadings admits, for purposes of the motion, the truth of all material facts that have been pleaded. (Consol. Fire Prot. Dist. v. Howard Jarvis Taxpayers' Ass'n (1998) 63 Cal.App.4th 211, 219 [73 Cal.Rptr.2d 586].) The motion raises the legal issue of whether the complaint states a cause of action regardless of the existence of triable issues of fact. (Brownell v. Los Angeles Unified Sch. Dist. (1992) 4 Cal.App.4th ...

Excerpt: ...ong cause oral argument, which was set for April 26, 2019. Before the long cause hearing was held plaintiff filed a 1st amended complaint against the County of El Dorado asserting causes of action for promissory estoppel, disability discrimination by failure to accommodate, and disability discrimination by failure to engage in the interactive process; and having received the 1st amended complaint, defendant withdrew its demurrers. Defendant demur...

Excerpt: ...aintiff's property line) of the circular traffic control device at the corner of Sierra Boulevard and Rose Avenue to the property line.” (Pl. Proposed Order on Application for a Preliminary Injunction.) 1. LEGAL PRINCIPLES RE: PRELIMINARY INJUNCTIONS In considering a motion for preliminary injunction, “a court must weigh two ‘interrelated' factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the re...

Excerpt: ...ey fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as s...

Excerpt: ...ere served by mail on defense counsel on June 28, 2019. There is no opposition to the motion in the court's file. “A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (d) and did not request exclusion.” (Civil Code, § 1781(f...

Excerpt: ...rney fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as...

Excerpt: ...ere served by mail on defense counsel on June 28, 2019. There is no opposition to the motion in the court's file. “A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (d) and did not request exclusion.” (Civil Code, § 1781(f...

Excerpt: ...egulations regarding minimum lot size, the written easement was executed. (Complaint, paragraph 19.) The grant of easement was recorded on July 21, 1986. (See Complaint, Exhibit 2.) Defendant filed a cross‐complaint against plaintiffs seeking declaratory relief concerning the validity and enforceability of the subject easement and to quiet tile to the easement area on the ground that the easement was unenforceable and void as the easement effec...

Excerpt: ...he amount of $3,841.31. Approximately one month after entry of default defendant filed the instant motion on July 18, 2019. Defendant moves to vacate and set aside the default pursuant to Code of Civil Procedure, § 473 on the ground that service of the summons did not result in actual notice in time to defend against the action brought by a debt buyer, because she was not served the summons and complaint. The proof of service in the court's file...

Excerpt: ...specific performance. Defendants filed their answer to the 1st amended complaint on June 11, 2018 and on that same date filed a cross‐complaint for partition of real property. Plaintiff filed her answer to the cross‐ complaint on July 12, 2018. On May 17, 2019 plaintiff filed a motion for leave to file a 2nd amended complaint in order to add causes of action for financial elder abuse, to quiet title, and for a TRO, preliminary injunction and ...

Excerpt: ...s‐Defendant Polam Federal Credit Union demurs to the intentional infliction of emotional distress, unfair business practices, and declaratory relief causes of action on various grounds. Cross‐Complainants oppose the demurrers on various grounds. Cross‐Defendant Polam Federal Credit Union replied to the opposition. Demurrer Principles When any ground for objection to a complaint appears on its face, or from any matter of which the court is r...

Excerpt: ...30,000 on May 2, 2019. Defendant moves to vacate the default and default judgment on the ground that the plaintiff failed to serve a statement of damages on defendant thereby rendering the default and default judgment invalid. The proposed answer is attached to defense counsel's declaration in support of the motion as Exhibit B The proofs of service declare that on June 19, 2019 notice of the hearing and the moving papers were served by mail to p...

Excerpt: ...ained the demurrers to all causes of action without leave to amend and overruled the demurrer to the petition for writ of mandate. The petition for writ of mandate alleges: the County does not make individualized determinations of each particular project regarding the nature and extent of each project's traffic impacts; instead the County looks to the non‐individualized Traffic Impact Mitigation (TIM) Fee Program set forth in the County's Gener...

Excerpt: ...requests. The motion is granted on the basis that the responses were not properly verified. The verification is dated March 27, 2019, before defendant even served responses to the discovery on June 21, 2019. (Decl. of Mark L. Bissonnette, Ex. 2.) Furthermore, the verification provided was not attached to the responses and appears to be a generic verification to “discovery responses.” (Id., ¶ 7.) A generic verification defeats the purpose of ...

Excerpt: ...on, unless it determines that the right to compel arbitration has been waived by petitioner, that grounds exist for rescission of the agreement, or that a party to the agreement is also a party to a pending court action or special proceeding with a third party. “Such a petition essentially seeks specific performance of the arbitration agreement. [Citation.] ‘In determining whether an arbitration agreement applies to a specific dispute, the co...

Excerpt: ... 11, 2019 the court granted Defendant MHC's motion for leave to file a cross‐ complaint. The cross‐complaint was filed on April 12, 2019 against Plaintiff asserting the following causes of action: inverse condemnation; creation of a dangerous condition at defendant MHC's property and State Route 49 that greatly increases the likelihood a member of the public will collide with recreational vehicles exiting defendant MHC's property thereby subs...

Excerpt: ... defendant Feister to special interrogatories was moot and ordered defendants Feister and Stix Development to do the following: serve original verifications to each discovery response within ten days; serve original verified answers to form interrogatories – construction litigation, without objection within ten days; serve original, verified further responses to requests for production without objection within ten days; and produce all responsi...

Excerpt: ...ce, motor vehicle wrongful death, motor vehicle survival, Government Code, § 815.2 public entity liability for employee negligent conduct, public entity wrongful death, public entity survival action, and dangerous condition of public property (Government Code, § 835) causes of action. Defendant CALTRANS demurs on various grounds to the allegations of general negligence found within various causes of action, the 4th cause of action for liability...

Excerpt: ... York Mellon demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on various grounds and requests that leave to amend be granted should any demurrer be sustained. Plaintiffs also object to all of defendant's requests for judicial notice. Plaintiffs' Objections to Defendant New York Bank Mellon's Requests for Judicial Notice Defendant New York Bank Mellon requests the court to take judicial notice of the note and docu...

Excerpt: ...ion to strike portions of the complaint filed by Meyers Station, Inc., dba Buckingham Properties Lake Tahoe, Monique Hill, Marni Coyle, and Carl Fair. 1. STANDARD OF REVIEW RE: DEMURRER 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 h...

Excerpt: ...laintiff and Castaway Properties, a dissolved California LLC. (Compl., ¶¶ 14–15; Mot., Ex. 1, p. 8, ¶ 22.) Castaway Defendants cannot compel the other parties in this litigation to mediate and/or arbitrate based upon a Purchase Agreement to which they were not parties. Additionally, the statutes cited by Castaway Defendants in support of the motion, Code of Civil Procedure §§ 1281.2 and 1281.4, pertain to arbitration, not mediation. Additi...

Excerpt: ...esent, and potential future claims. (Defs. Mot., Ex. A at p. 2, sec. 4.) On July 15, 2019, plaintiff filed a Request for Dismissal with prejudice as to the Cramers. Simpson and D'Aintree are the only remaining defendants. The instant motion was filed on June 14, 2019, and the hearing was set for July 26, 2019. Plaintiff did not file an opposition to the motion prior to the hearing. Rather, plaintiff appeared at the original hearing on July 26 and...

Excerpt: ..., § 2924h(g). Defendants JP Morgan Chase Bank and Federal Home Loan Mortgage Corp. (Freddie Mac) demurs to all causes of action of the 1st amended complaint on various grounds. Defendanst also requested the court to take judicial notice of documents. Plaintiffs oppose the demurrers on various grounds and objected to defendants' requests for judicial notice on various grounds. Defendant JP Morgan Chase Bank and Freddie Mac replied to the oppositi...