Excerpt: ...akefront Professional Building, LLC, Lainey Richardson, and Bruce Richardson. Now pending is defendants' demurrer to the complaint. 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 cond...

Excerpt: ..., California. Another proof of service declares that the follow up mailing of the summons and complaint to that address occurred on April 30, 2008. Default was entered on July 7, 2008. The proof of service of the request for entry of default declares that on July 2, 2008 the request for entry of default was mailed to the address where defendant was served. On July 8, 2008 a default judgment was entered against defendant in the amount of $2,409.40...

Excerpt: ...opposition to Thor Motor Coach, Inc.'s motion for determination of good faith settlement, which discloses the amount of the settlement to support its argument that the settlement amount was not within the ballpark of Thor Motor Coach, Inc.‘s proportionate liability to plaintiffs and that the amount shows collusion between plaintiffs and defendant Thor Motor Coach, Inc. to the detriment of all other defendants in this action. The amount of the s...

Excerpt: ...plaint and granted in part their motion to strike portions of the cross‐complaint with ten days leave to amend. An amended cross‐complaint was not filed and on April 12, 2017 defendants De Vincenzi and De Vincenzi and Associates, Inc. filed their answer to the crosscomplaint. They also filed an amended answer to the cross‐complaint on May 8, 2017. Trial was initially set to commence on April 30, 2018. The trial date was vacated at the manda...

Excerpt: ...ful foreclosure. Defendant MERS, Inc. (MERS) answered the complaint on April 23, 2019 by general denial and assertion of 16 affirmative defenses. Defendant MERS moves for judgment on the pleadings on all six causes of action on the following grounds: plaintiff's assignment based claims fail, because the deed of trust is not void and plaintiff lacks standing to bring a wrongful foreclosure cause of action; plaintiff lacks standing to challenge a v...

Excerpt: ... on July 2, 2018. (Decl. of Robert Hukaby, ¶ 2 & Ex. A.) Responses were never served. (Id., ¶ 3.) Prior to the Mandatory Settlement Conference, he spoke with plaintiff's counsel and advised them that he never received discovery responses. (Id., ¶ 4.) At the MSC on April 26, 2019, he notified the court he would be filing the instant motion. (Id., ¶ 5.) Plaintiff's counsel stated at the MSC that they discovered their error in failing to respond...

Excerpt: ...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 allegations against Simpson and D'Aintree stem solely from legal services they provided to Michael Cramer with regard to an eviction action against plaintiff. As such, Simpson and D'Aintree were acting as agents of the Cramers, and therefore the release provision of the se...

Excerpt: ...reliminary and permanent injunction, intentional misrepresentation, fraud, and negligent misrepresentation causes of action of the 2 nd amended complaint without prejudice. Defendants Cribbs and the Cribbs Family Trust move for summary judgment on the remaining causes of action of the 2nd amended complaint on the following grounds: plaintiff Marconi lacks standing to maintain the remaining causes of action of the 2nd amended complaint; defendants...

Excerpt: ...nancial) demurs to all causes of action of the 1 st amended complaint on various grounds. Plaintiffs oppose the demurrers on various grounds and object to all of defendant's requests for judicial notice, which consist of court records of rulings, judgments, and orders, and recorded documents. Defendant MTC Financial filed a late reply and other late reply documents on July 22, 2019. The reply was required to be filed not later than July 19, 2019,...

Excerpt: ... and requests for production, set two and produce the documents requested within ten days without objections, and serve a response to defendant Lusk's request for statement of damages within ten days. The proof of service of the notice of ruling filed on May 30, 2019 declares that on May 28, 2019 notice of the ruling was served by mail on plaintiff's counsel and counsel for defendant Yang. Defense Counsel declares there were a series of emails an...

Excerpt: ...he court's file. Absent proof of adequate service on the interested parties, the court can not reach the merits of the motion and will be required to deny the motion without prejudice due to lack of service. Defendant Kohs' Motion to Dismiss Case. On November 15, 2018 plaintiff filed a complaint asserting causes of action against defendants to quiet title, for cancellation of voidable instrument, for declaratory relief, for slander of title, and ...

Excerpt: ... some temporary work at the residence pending receipt of the required parts to complete the repair. Defendants Shirey's and Brueck demur to the following causes of action of the complaint: breach of implied warranty of habitability; premises liability; negligence per se; and intentional tort. Plaintiffs' opposition agrees to remove the separate causes of action for breach of the implied warranty of habitability, premises liability, negligence per...

Excerpt: ...iff broke her left ankle, which required her to seek immediate medical care. Defendants move for entry of summary judgment or summary adjudication on the following grounds: plaintiff can not prove there was a duty owed to her, because plaintiff has been deemed to have admitted defendants were not negligent for the injuries sustained in the incident, and in fact, she is the negligent party responsible for any damages; plaintiff has no evidence to ...

Excerpt: ...dly arise from a transaction wherein plaintiff loaned defendants $175,000 secured by a deed of trust recorded against property located in Cameron Park, California and a personal guaranty allegedly executed by one of the defendants. (1st Amended Complaint, paragraphs 13 and 14.) Plaintiff allegedly was a junior lienholder on the real property and plaintiff's security interest was sold out/eliminated by a senior lienholder's foreclosure sale. (1st ...

Excerpt: ...or vehicle against Bunn. In addition, plaintiff also asserts premises liability against defendant City of South Lake Tahoe for the negligent failure to install and maintain a traffic device and dangerous condition of public property, and premises liability against defendant Tahoe Keys Corporation for negligent failure to trim tree branches. Plaintiff asserts damages in the amount of $796,911.56. (Decl. of Megan E. Nevin, ¶ 12 & Ex. 2.) On May 1,...

Excerpt: ...plaintiff can not enforce the Pull/Call right to elect the sale of plaintiff's interest in defendant Urbana Tahoe TC, LLC, because plaintiff materially breached the operating agreement by failure to close the sale proceedings within 60 days of defendant Timber Cove Holdings, Inc.'s election to purchase plaintiff's interest in Urbana Tahoe TC, LLC; plaintiff's performance of its contractual obligation to select an appraiser and have the entire buy...

Excerpt: ...nary 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. (1983) 35 Cal.3d 197, 213 [197 Cal.Rptr. 783].) All properly pleaded allegations of fact in the complaint are accepted as true, but not the contentions, deductions, or conclusions of fac...

Excerpt: ...rn, train, or educate; the constructive fraud cause of action is fatally defective in that it fails to allege with the required specificity the facts related to defendant's alleged knowledge about Doe 1's conduct and the allegedly suppressed and concealed true facts. Plaintiff opposes the demurrers on the following grounds: defendants stood in loco parentis to plaintiff and there was a special relationship alleged such that defendants owed plaint...

Excerpt: ...espond to the request for documents and produce documents, without objection, and deem certain facts to be admitted on the basis of Plaintiff's failure to deny the asserted facts. Plaintiff also seeks an award of monetary sanctions. The motion was set for hearing on May 31, 2019. Defendant did not file any opposition to the motion. On May 30, 2019, the court vacated all pending dates, including the hearing on Plaintiff's motion, when Judge McLaug...

Excerpt: ...er three years ago on May 2, 2016. The proof of service declares that on June 18, 2019 the notice of hearing and the moving papers were served on defense counsel by mail. Defendants Flynn and Kubo Hospitality Management, Inc. oppose the motion on the following grounds: defendants will be prejudiced by the amendment, because the matter has been actively litigated for years and the parties have engaged in discovery; the motion has been brought at a...

Excerpt: ...ny the petition on November 7, 2017. Upon request of the City, the hearing on the petition set for November 16, 2017 was vacated On October 23, 2017 respondent Rawat filed her first motion to disqualify the attorney representing the City in this proceeding. On January 18, 2018 the motion was denied. On July 6, 2018 the court overruled respondent Rawat's demurrer to the petition. A hearing was held on the petition/motion to appoint a receiver on A...

Excerpt: ... forth in Code of Civil Procedure, § 1021.5. Defendants Carter and Tenth Hall, Inc. argue: the claim arises out of contract; plaintiffs attempt to create a claim for punitive damages for a simple breach of contract action against the sellers in a real property transaction arising from a well report received during the transaction; the allegations of fact do not support a claim for punitive damages against the seller's agent; there are no facts a...

Excerpt: ...furnish and maintain copies of accurate wage statements. Defendants now move for summary judgment or, alternatively, summary adjudication. 1. BACKGROUND Plaintiff was employed as an hourly, nonexempt restaurant server at Jimmy's Restaurant located inside The Landing Resort and Spa in South Lake Tahoe from August 2016 to July 2017. (Pl.'s Separate Stmt. of Disputed Material Facts (“DMF”), ¶ 1.) On August 7, 2017, plaintiff submitted letters t...

Excerpt: ...reliminary and permanent injunction, intentional misrepresentation, fraud, and negligent misrepresentation causes of action of the 2 nd amended complaint without prejudice. Defendants Cribbs and the Cribbs Family Trust move for summary judgment on the remaining causes of action of the 2nd amended complaint on the following grounds: plaintiff Marconi lacks standing to maintain the remaining causes of action of the 2nd amended complaint; defendants...

Excerpt: ...omplaint. Default was entered on October 29, 2018. The proof of service of the request for entry of default declares that on October 29, 2018 the request was served on defendants B.A.D., LLC and Robinson by mail to the address where the summons and complaint were served. On January 25, 2019 a default judgment was entered against defendants in the amount of $16,151.50. On April 11, 2019 defendant filed the motion to set aside the default and defau...