Excerpt: ...g plaintiff's counsel's motion to be relieved as counsel of record. On August 9, 2021, the court issued an ordering granting defendant St. Joseph's motion for summary judgment. Pending is the defendants Sierra Garden Apartments and Pacific Development Group's motion for summary judgment or, alternatively, summary adjudication. Plaintiff did not oppose the motion. STANDARD OF REVIEW The moving party bears the initial burden of making a prima facie...

Excerpt: ...nformation sufficient to form a belief as to the accuracy of the plaintiff's allegations in paragraph 12 of the complaint and on that basis denies each and every allegation in that paragraph, because plaintiff knows, is presumed to know, or has means of ascertaining whether the facts alleged in the complaint in that paragraph are true or false; and the cited affirmative defenses are fatally defective and improper as they only state legal conclusi...

Excerpt: ...OSC and preliminary injunction. At the hearing on July 7, 2021, plaintiff appeared by Zoom and she stated she had not provided a Zoom invite to the defendants as she believes she is being blocked by the defendant. The court acknowledged the related family law case and noted that no judgment has been entered declaring who owns the subject real property. The court heard further testimony by plaintiff, denied the TRO, and set this hearing date for t...

Excerpt: ...ages asserting the following grounds: the vague and general allegations are insufficient to support an award of punitive damages; the allegations are purely conclusory; and plaintiff has not alleged a single specific act, failure to act, or communication that could rise to the level of despicable conduct or fraud. Plaintiff opposes the motion asserting the following grounds: the allegations of the 1st amended complaint sufficiently allege facts t...

Excerpt: ... verified responses were due on or about June 29, 2021. (Id., ¶ 3.) That deadline expired without plaintiff having served any responses or having requested an extension of time to respond. (Ibid.) While not required to meet and confer prior to filing the motion (Code of Civ. Proc. § 2033.280), defendant's counsel emailed plaintiff's counsel on July 8, 2021, to inquire about the status of the responses. (1 Burke Decl., ¶ 4 & Ex. B.) Plaintiff's...

Excerpt: ...ion as the evidence objected to is not germane to the disposition of defendants Jamil L. White, individually and doing business as Louis White, P.C.'s (“defendants”) motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) The Court declines to rule on defendants' evidentiary objections made in their response to plaintiffs' separate statement because “[a]ll written objections to evidence must be served and filed separately from t...

Excerpt: ... of whatever nature now or hereinafter located in, on, or used in connection with the property . Plaintiff applied for a TRO and OSC Re: Preliminary Injunction. After hearing argument at a hearing on July 23, 2021, the court granted the application for a TRO and issued an Order to Show Cause why a preliminary injunction should not issue against defendant enjoining defendant and all other persons from removing from defendant's real property the ma...

Excerpt: ...re was no breach of contract by defendant; plaintiff has no excuse for failure to perform all obligations required by plaintiff under the management agreement and addendum; there was no breach of the implied covenant of good faith and fair dealing of an option agreement as no such agreement exists; there was no breach of the covenant of good faith and fair dealing of the management contract as plaintiff has not adequately alleged the existence of...

Excerpt: ...rning a project wherein defendant Stix Development was allegedly constructing a business premises and selling it to plaintiffs. Defendants/Cross‐Complainants Feister and Stix Development filed a 1st amended crosscomplaint on May 24, 201 against various cross‐defendants asserting various causes of action. The only causes of action asserted against alleged real estate brokers Esway and Crossroad Ventures Group, Inc. are for comparative indemnit...

Excerpt: ...tachment, paragraph GN‐1.) Defendants Pacific Bell Telephone Co. and Medel move for an order directing plaintiff to submit to a mental examination conducted by Dr. Strassberg for the purpose of determining plaintiff's mental, psychological, and neurological conditions as well as plaintiff's post‐traumatic stress disorder, depression, and other psychological and mental injuries claimed in this action. Defendants state that the examination shou...

Excerpt: ... parcel; the parcel has not been subdivided, yet the parcel is divided into separate Assessor's parcel numbers for each interest; and defendant is engaging in certain conduct on her APN without the required permits, which exposes the other parcel owners to liability. A preliminary injunction shall not be granted without notice to the opposing parties. (Code of Civil Procedure, § 527(a).) “An injunction may be granted in the following cases: ¶...

Excerpt: ...nt imposed an adverse employment action on plaintiff; plaintiff failed to adequately allege a causal connection between protected activities and an adverse employment action; and the Government Code discretionary acts immunity bars this action. Plaintiff opposes the demurrer on the following grounds: plaintiff sufficiently alleged that she engaged in protected activities; plaintiff alleged sufficient facts that establish that plaintiff was subjec...

Excerpt: ...endant imposed an adverse employment action on plaintiff; plaintiff failed to adequately allege a causal connection between protected activities and an adverse employment action; and the Government Code discretionary acts immunity bars this action. Plaintiff opposes the demurrer on the following grounds: plaintiff sufficiently alleged that she engaged in protected activities; plaintiff alleged sufficient facts that establish that plaintiff was su...

Excerpt: ...ve to expunge the notice of pendency of action (Lis Pendens) that was recorded related to the subject real property. Defendants contend: plaintiff is unable to establish by a preponderance of the evidence the probable validity of its real property claim that the disputed location of the subject express easement is not the current road; a correct interpretation of the language of the 1977 grant deed establishes that the current dirt road is the ea...

Excerpt: ...and is based on the same or similar claims. On February 26, 2021, the court sustained defendant's demurrer to the original complaint, with leave to amend. Plaintiff timely filed a First Amended Complaint. The parties then stipulated to allow plaintiff to file a Second Amended Complaint. On June 18, 2021, the court sustained defendant's demurrer to the Second Amended Complaint, with leave to amend. Plaintiff's Third Amended Complaint (“TAC”), ...

Excerpt: ...isrepresentation and survival action – fraud allegedly arising from the circumstances surrounding plaintiff's decedent's care and discharge from Progress House, Inc.'s treatment program and subsequent death in her home by accidental heroin overdose less than 24 hours after discharge. Defendant demurs to all causes of action on the following grounds: the wrongful death cause of action is defective in that it fails to include the affidavit or dec...

Excerpt: ...swer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. [Citation.] “These well‐defined principles include the following: ‘A demurrer reaches only to the contents of the pleading and such matters as may be considered under the doctrine of judicial notice' [citations]; the allegations of the pleading demurred to must be regarded as true [citations]; a demurrer does...

Excerpt: ...rts. (Declaration of Justin P. Rodriguez in Support of Motion, Ex. C.) The matter was continued to January 22, 2021. In response to the court's order, plaintiffs' counsel sent additional correspondence to defendant's counsel in an effort to meet and confer. (Id., ¶ 4 & Exs. D, E.) Defendant's counsel did not respond. (Id., ¶ 4.) The matter was next on calendar January 22 and 29, 2021. In an order issued on January 29, 2021, the court granted ne...

Excerpt: ... parcel; the parcel has not been subdivided, yet the parcel is divided into separate Assessor's parcel numbers for each interest; and defendant is engaging in certain conduct on her APN without the required permits, which exposes the other parcel owners to liability. A preliminary injunction shall not be granted without notice to the opposing parties. (Code of Civil Procedure, § 527(a).) “An injunction may be granted in the following cases: ¶...

Excerpt: ...nd the $1,500 per hour charged by Dr. Winter for videotaped depositions. Plaintiff moves for the court to set the hourly fee to be charged by Dr. Winter for videotaped deposition testimony as $850 per hour, which is the rate the doctor charges defendant for expert consultation. Plaintiff further requests that defendant and his counsel be ordered to pay monetary sanctions in the amount of $2,200. Defendant opposes the motion on the following groun...

Excerpt: ... for an award of actual damages, a civil penalty in an amount not less than $100, nor more than $1,000 as provided in the Act, and reasonable attorney fees and costs as provided by the Act. The proof of service filed on March 12, 2021 declares that defendant was served by substituted service at its place of business located at 900 Ski Run Blvd., Suite 103, South Lake Tahoe, California on March 2, 2021 by leaving the documents with an employee who...

Excerpt: ...OSC and preliminary injunction. At the hearing on July 7, 2021, plaintiff appeared by Zoom and she stated she had not provided a Zoom invite to the defendants as she believes she is being blocked by the defendant. The court acknowledged the related family law case and noted that no judgment has been entered declaring who owns the subject real property. The court heard further testimony by plaintiff, denied the TRO, and set this hearing date for t...

Excerpt: ...on.). There is a pending arbitration proceeding between plaintiff and defendant Multi‐Housing Tax Credit Partnership, which was filed on March 10, 2021, shortly after the initial complaint in this action was filed on February 26, 2021. Plaintiff moved to stay the arbitration proceeding pending the resolution of the litigation in this case. The court's tentative ruling denied the motion and that motion is set for oral argument at 2:30 p.m. on Fr...

Excerpt: ...motor vehicle accident, because he was not employed by defendant Lytx, Inc. at the time of the subject motor vehicle accident, therefore, defendant Kirkpatrick was not acting in the course and scope of employment with Defendant Lytx, Inc. at the time of the subject accident; and defendant Lytx, Inc. can not be held liable for negligent entrustment of the vehicle defendant Kirkpatrick was driving at the time of the subject accident and not statuto...

Excerpt: ...2021, asserts causes of action for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) retaliation, and (4) breach of the covenant of good faith and fair dealing. Pending is Raley's demurrer to the verified complaint and motion to strike punitive damages from the verified complaint. A. DEMURRER TO VERIFIED COMPLAINT 1. Standard of Review A demurrer is directed at the face of the complaint and to matters subject to ...

Excerpt: ...s of action of continuing trespass, private nuisance, negligent infliction of emotional distress, and declaratory relief. Defendant Lopez moves to expunge the notice of pendency of action (Lis Pendens) that was recorded related to the subject real property. Defendant contends: plaintiff can not meet his burden of proof, because the causes of action for enforcement of oral agreement, promissory estoppel, promise without intent to perform, false re...

Excerpt: ... is now used as a District park. Plaintiff moves for a preliminary injunction prohibiting defendants from altering, damaging or destroying the District's property; prohibiting trespass on district property or trespass to the District's chattels; directing defendants to obtain ingress and egress as the status quo existed prior to the destruction and removal of the District's fencing and gate on April 28, 2021; and barring defendants from blocking,...

Excerpt: ...er complaint. A motion to quash service of summons permits a defendant to challenge personal jurisdiction where the summons is improper or the statutory requirements for service of process are not fulfilled. In the context of unlawful detainer, a defendant may properly file a motion to quash to challenge an unlawful detainer five‐day summons accompanied by a complaint that fails to include even the minimal allegations necessary to justify an un...

Excerpt: ...amages. Defendant Georgia Wanland moves to compel further responses to special interrogatories, numbers 3, 9‐11, 15‐18, 22, 25, 28, 31, and 34; and requests for production, numbers 1‐4, 6, 7, and 8‐11. Defendant further requests that the court award defendant $15,405.83 in monetary sanctions. Then proofs of service declare that on May 27, 2021 plaintiff was served notice of the hearing and the moving papers by mail to plaintiff's Hillsdal...

Excerpt: ... further seeks recovery of attorney fees and costs incurred to collect the debt as provided in the credit agreement attached to the complaint. Defendant answered by admitting all statements of the complaint, except “Based on Monthly Credit Terms of $3,000. I believe the $31,334.44 is an excessive amount.” The answer also asserted the affirmative defense of the four year statute of limitations. Plaintiff moves for summary judgment /summary adj...

Excerpt: ...d, the motion, the opposition and reply, the court issued its final ruling on the demurrer by adopting the tentative ruling as the final ruling and overruling the demurrer. The clerk mailed the April 7, 2021 minute order adopting the tentative ruling and overruling the demurrer to the parties' respective counsels on April 7, 2021. On April 19, 2021 defendant filed a motion for reconsideration of the ruling overruling the demurrer and to enter an ...

Excerpt: ...ants, which are conflicting claims on the subject bond; Wesco Ins. Co. is a mere stakeholder and has no interests in the subject bond proceeds; although the penal sum had increased to $15,000 in 2016, the increase only applies to homeowner claimants and claimants Green's claim is limited to $7,500 by Business And Professions Code, § 7071.6, because they only claimed damages for construction of a future residence; Financial Pacific Ins. Co.'s ind...

Excerpt: ...o Code of Civil Procedure § 708.020. (Mot., Declaration of Bruce Grego, ¶ 2 & Ex. 2.) Defendant has not served any verified responses on plaintiff. (Id., ¶ 3.) In opposition, defendant states that she believed the case was automatically stayed pending appeal, and so she did not respond. Plaintiff's motion is well taken. To date, defendant has not served any responses. Additionally, instead of verifying whether or not a stay was in place pendin...

Excerpt: ... in this motion. Plaintiff opposes the motion on the following grounds: plaintiff's objections are appropriate; the special interrogatories are not contention interrogatories, because they are not phrased as “Do you contend that…” with follow‐up questions; plaintiff had no duty to produce any documents in response to request for production number 25, because the objections are appropriate; and monetary sanctions should be denied as there ...

Excerpt: ...cuments on April 29, 2021; to add cause of action for 1st party bad faith (Insurer Bad Faith) based upon the facts already pled and the proposed additional allegations of fact; and to make additions to plaintiff's prayer based upon the newly proposed cause of action for bad faith. Plaintiff argues granting leave to amend is justified for the following reasons: under the circumstances presented, leave to amend was timely sought; defendant will not...

Excerpt: ... all applicable hourly rates and the corresponding number of hours worked at each rate; and that under the cause of action brought under the Private Attorney General' Act (PAGA), plaintiff and the aggrieved employees may recover all applicable civil penalties on behalf of the State. Defendant moves to stay proceedings in this action until the consolidated cases of Phan v. Marshall Medical Center, Case Number PC‐20190029, which was filed on Janu...

Excerpt: ...rust estate; the purported “wild deed”, which purports to transfer the subject real property to Kevin Michael Schilling™ and Donald Joseph Bracco™ as joint tenants is void and invalid in that the grantor set forth in the deed, the defendant purportedly as beneficiary of the Bracco Family Trust, had no right or title to the real property when the transfer was purportedly made; two other documents must be cancelled as the recorded certifica...

Excerpt: ... action on the following grounds: the breach of Civil Code, § 5100 and violation of Civil Code, §§ 5300 et seq. causes of action are fatally defective as the recorded declaration of C,C,&Rs does not allege strict compliance with the requirements of Civil Code, § 4250 to state that the association is a planned development or any facts supporting compliance with Section 4250, which results in the association not being subject to the statutory r...

Excerpt: ...he court took the matter under submission. On September 16, 2019 the court sustained the demurer to the promissory estoppel cause of action without leave to amend and overruled the demurrers to the disability discrimination by failure to accommodate and disability discrimination by failure to engage in the interactive process causes of action. Defendant moves for summary judgment or summary adjudication of the remaining causes of action on the fo...

Excerpt: ...the same transactions and facts as the Second Arbitration but includes parties that are not subject to the agreement to arbitrate, and (b) seeks a judicial declaration that the Final Award in the First Arbitration is res judicata as to the claims asserted by Multi‐Housing in the Second Arbitration.” (Emphasis in original.) (Plaintiff's Memorandum of Points and Authorities in Support of Motion, page 1, lines 5‐10.) Plaintiff asserts that the...

Excerpt: ...of a dispute arising out of the insurance agreement/policy related to his claim under the uninsured motorist coverage of that policy. Claimant requests that the court appoint either attorney Thomas Spaulding, or Retired Judge Richard Gilbert to arbitrate the dispute. The proofs of service declare that on April 12, 2021 USAA's attorney was served notice of the motion and the moving papers by certified mail and electronic transmission. There is no ...

Excerpt: ...G Placerville LLC (“TMG”) was not awarded a cannabis business permit and was not selected as an alternate. On December 15, 2020, TMG filed a Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief against the City, the City Council, and RPI. Pursuant to Code of Civil Procedure §§ 1085 and 1094.5, TMG seeks a writ of mandate directing the City to vacate and set aside the City Council's approval of the issued...

Excerpt: ...us litigants pursuant to Code of Civil Procedure, § 391(b)(1), because Judge McLaughlin entered an order in Tevis v. Mittelstadt, case number PC‐20200273, finding that plaintiffs Tevis were vexatious litigants under Section 391(b)(1) and entering a prefiling order under Section 391.7; the plaintiffs are vexatious litigants pursuant to Code of Civil Procedure, § 391(b)(1), because plaintiffs in the preceding seven‐year period has commenced, ...

Excerpt: ...s to compel production of all documents and things described in Requests for Production, Request Numbers 5, 6 and 18 on the ground that the objections to production lack merit. Plaintiff also requests an award of $7,945 in monetary sanctions. Defendant opposes the motion on the following grounds: defendant's six narrative videos were created by defendant in anticipation of litigation and, therefore, are protected by the attorney‐client privileg...

Excerpt: ...harter, ejectment as plaintiff is entitled to possess the property and defendant remains wrongfully in possession of the property preventing plaintiff California State Grange from enjoying peaceful possession of the property since December 12, 2019, and claim and delivery for personal property that defendant allegedly retained possession of after transfer of the personal property to plaintiff by operation of the Grange laws when the Pleasant Vall...

Excerpt: ...e the motion on the following grounds: defendants suspect that the proposed new plaintiffs who became HOA members after the judgment was entered against the HOA are not liable to pay that judgment against the HOA through any assessment imposed on HOA members, therefore, the 3rd amended complaint fails to state any cause of action of the new plaintiffs against defendants; and, therefore, leave to amend should be denied as the proposed amendment fa...

Excerpt: ...that the related action is still pending and involves the same parties and is based on the same or similar claims. On February 26, 2021, the court sustained defendant's demurrer to the complaint, with leave to amend. Plaintiff timely filed a First Amended Complaint on March 1, 2021. The parties then stipulated to allow plaintiff to file a Second Amended Complaint. The Second Amended Complaint (“SAC”) was filed March 12, 2021. Before the court...

Excerpt: ...lling out shifted and about eight tables fell on top of him injuring his hip and back. Defendant/Cross‐Complainant American Legion Post 119 (cross‐complainant) filed a 1st amended cross‐ complainant against cross‐defendant Republican Central Committee (crossdefendant) asserting causes of action for indemnity, apportionment of fault, declaratory relief, and breach of contract. Cross‐ Defendant moves for summary judgment on the 1 st amend...

Excerpt: ...laintiff moves for a preliminary injunction prohibiting defendants from altering, damaging or destroying the District's property; prohibiting trespass on district property or trespass to the District's chattels; directing defendants to obtain ingress and egress as the status quo existed prior to the destruction and removal of the District's fencing and gate on April 28, 2021; and barring defendants from blocking, obstructing, or inhibiting plaint...

Excerpt: ... the plaintiff filed the 1st amended complaint. The proofs of service filed on that same date declare that on March 25, 2021 defendant was served the 1st amended complaint by mail to defendant's address of record and by email. Defendant demurs to the complaint on the following grounds: the alleged lease is not attached to the complaint, because the 1st amended complaint alleges the lease expired on September 25, 2020 while the attached lease stat...

Excerpt: ...urse and scope of her employment with Safeway, Inc. The proofs of service declare that on March 25, 2021 notice of the hearing and the moving papers were served by mail and email to the plaintiff's counsel and on May 7, 2021 notice of the hearing and the moving papers were served by mail and email to defense counsel. There is no opposition to the motion in the court's file. “If any provision of law confers an unconditional right to intervene or...

Excerpt: ... in addition to the seven hours provided for by statute, for a total time of nine hours of examination by both defendants. Defendant asserts that the extra time is necessary to fairly examine the plaintiff as defendant Aerotek has had no time to examine plaintiff in the 5 ½ hours of the deposition and Aerotek needs at least one hour of time to question plaintiff about his claims against Aerotek; and the extra time is necessary due to other circu...

Excerpt: ...17.1 seeking all facts upon which they based their responses to requests for admission, numbers 3, 7, 31, 48, 60, 63, 73, 77, 81, 82, 83, 85, 86, 87, 91, 96, and 101 and to identify witnesses and evidence to support the responses were evasive and incomplete. Defendants/Cross‐Complainants Kaufman oppose the motion on the following grounds: they have substantially complied with the discovery propounded and are reasonably justified in objecting an...

Excerpt: ...efendants, plaintiffs' failure to pay a portion of the down payment in the amount of $45,000 when due and owing, and the plaintiffs deeding back title to the defendants as provided by the terms of an addendum to the sale/financing agreement, which plaintiffs contend was illegal and void as it allowed defendants to obtain title to the property without resort to the allegedly mandated judicial or non‐judicial foreclosure procedure. Plaintiffs app...

Excerpt: ...the amount of $3,755. Plaintiffs argue that defendants failed to assert proper objections as they were boilerplate and baseless objections that were inapplicable or without merit; defendants provided only evasive and partial responses; and defendants refused to produce a single document. Defendants oppose the motion on the following grounds: form interrogatory number 8.4 is irrelevant, because defendant Folsom Family & Sports Medicine Group had r...

Excerpt: ..., LLC and the amended promissory note allegedly executed on September 1, 2019, which was allegedly consistent with a final arbitration award that was pending entry as a judgment in Los Angeles County Superior Court case number 19STCP04266 and included a new payment plan. Plaintiff moves for summary adjudication of the 1st cause of action for breach of contract pled solely against defendant Roundhay Properties, LP and the 2nd cause of action for b...

Excerpt: ...(Set One). Preliminary Matters The court finds that plaintiffs have established the reasonable and good faith meet‐ and‐confer requirements prior to filing the instant motions. (Code of Civ. Proc. §§ 2016.040, 2030.300(b), 2031.310(b).) There being no objection to the form of plaintiffs' proposed Belaire‐West notice,1 plaintiffs' request to approve the notice is granted. (Pls. Index of Exhibits in Support of Motion to Compel, Exhibit I.) ...

Excerpt: ...isputes raised in this action and to stay this case pending arbitration. Defendants assert: defendants met their burden to prove the existence of the arbitration agreement; plaintiff is bound by the arbitration agreement; the dispute raised in this action falls within the scope of the arbitration agreement as it seeks an adjudication of the validity of the Water Rights and Easement Agreement; there are no grounds to invalidate the arbitration agr...

Excerpt: ...by mail to plaintiff's counsel and defense counsel on March 12, 2021. Acknowledging receipt of further discovery responses before the hearing on the motion, defendant argues that plaintiff has not fully complied with the court's discovery order in that the further responses served prior to the hearing on the motion to compel were deficient as to special interrogatory numbers 16, 19, and 25, and plaintiff has failed to provide compliant amended re...

Excerpt: ...ssociation moves for entry of summary judgment or summary adjudication on the following grounds: plaintiff's membership application contained a release of liability for use of “The Club at Blackstone”, a recreational fitness club managed by defendant Vierramore, Inc., which bars this lawsuit; the action is barred by the doctrine of primary assumption of the risk; and defendants did not engage in conduct that was totally outside the range of o...

Excerpt: ...ts owed no duty of due care to plaintiff as he lacks standing to sue; there are no cognizable claims that defendants caused any damages to plaintiff to a legal certainty as he settled his claims against a third party and retrieved the assets he claims the Trust lost; and all of plaintiff's claims are barred by the applicable statute of limitation. Plaintiff opposes the motion on the following grounds: the court should exercise its discretion to d...

Excerpt: ...g Clark agreed to provide defendant Joshua Williams a loan in connection with a construction project at 2040 West Green Springs Road in El Dorado Hills (“Subject Property”). (Compl., ¶ 9.) Subsequently, Williams convinced Clark to invest in additional construction projects at other properties located on West Springs Road. (Id., ¶ 14.) Clark and Williams amended their original agreement, including that Clark agreed to furnish all necessary f...

Excerpt: ... discovery. (Declaration of Adam Dolce in Support of Motion, Exhibit. B, p. 6.) After back‐and‐forth emails, counsel were not able to resolve the dispute. (Plaintiff's Exhibit B, pp. 1–7.) Thereafter, plaintiff unilaterally noticed Dr. Norman's deposition for February 3, 2021. (Plaintiff's Exhibit A.) On January 25, 2021, Dr. Norman served his objection to the deposition notice asserting that discovery was closed, the deposition was unilate...

Excerpt: ... (1983) 35 Cal.3d 197, 213.) All properly pleaded allegations of fact in the complaint are accepted as true, but not the contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A judge gives “the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Ibid.) Additionally, “facts appearing in exhibits attached to the complaint will also be accepted as true an...

Excerpt: ... comply with court order. To date, there is no opposition or any type of response from defendant in the court's file. Motion to Compel Further Responses Request No. 22: Denied. Request No. 23: Granted. Request No. 24: Granted. Request No. 25: Granted. Request No. 27: Granted. Request No. 28: Granted. Request No. 29: Granted. Request No. 30: Granted. Accordingly, plaintiffs' motion is granted in part and denied in part. Having reviewed and conside...

Excerpt: ...s entitled to possess the property and defendant remains wrongfully in possession of the property preventing the plaintiff California State Grange from enjoying peaceful possession of the property since December 12, 2019, and claim and delivery for personal property that defendant allegedly retained possession of after transfer of the personal property to plaintiff by operation of the Grange laws when the Pleasant Valley Grange Charter was revoke...

Excerpt: ...ing grounds: all of defendant's alleged conduct involved the underlying family court case in which defendant was appointed as the court ordered reunification therapist to assist the family reunification as part of the court's custody determination and, therefore, are statements made in connection with issues under consideration if the court which are protected activities under Code of Civil Procedure, § 425.16(e)(2); alleged reports are also pro...

Excerpt: ...ary judgment on the following grounds: plaintiff owed no duty to supervise or prevent her son who occupied one of the units from smoking inside or outside his own residence; there is no evidence to support plaintiff's theory that the subject fire started when defendant Vaughn Cook discarded a lit cigarette onto a couch underneath plaintiff's balcony; and plaintiff can not establish that defendants Veronica Cook, the landlord, and her property man...

Excerpt: ...y references to current COVID‐19 protection statutes; the court is prohibited by the COVID‐19 Tenant Relief Act of 2020 from finding a tenant guilty of unlawful detainer before June 30, 2021; plaintiff failed to allege any reason for eviction that meets the requirements of the COVID‐19 Tenant Relief Act of 2020 that allows a court to enter a judgment of unlawful detainer; and terminating a tenancy so that the landlord can move into the hous...

Excerpt: ...upon request of the parties. Plaintiff moves to vacate the conditional dismissal and enter judgment pursuant to the terms of the settlement agreement on the following grounds: while defendant made payments in the amount of $2,600 toward the settlement amount of $9,750, defendant is in default of his obligation to make payments on the remaining settlement balance; on October 15, 2020 plaintiff's counsel emailed defense counsel notice of the defaul...

Excerpt: ...tion of Adam Dolce in Support of Motion, Exhibit. B, p. 6.) After back‐and‐forth emails, counsel were not able to resolve the dispute. (Plaintiff's Exhibit B, pp. 1–7.) Thereafter, plaintiff unilaterally noticed Dr. Norman's deposition for February 3, 2021. (Plaintiff's Exhibit A.) On January 25, 2021, Dr. Norman served his objection to the deposition notice asserting that discovery was closed, the deposition was unilaterally noticed, and t...

Excerpt: ... from a written agreement to furnish labor and materials for improvements to certain real property. On March 4, 2020 defendants Ghalambor and Ehsani as trustees of the Masoud Ghalambor and Ladan Ehsani Living Trust filed a cross‐complaint against defendant/crossdefendant Brown for breach of contract, recovery of money paid to unlicensed contractor, international misrepresentation, negligent misrepresentation, concealment of facts, unfair busine...

Excerpt: ...ot Hill Grange's Charter, ejectment as plaintiff is entitled to possess the property and defendant remains wrongfully in possession of the property preventing the plaintiff California State Grange from enjoying peaceful possession of the property since June 18, 2016, and claim and delivery for personal property that defendant allegedly retained possession of after transfer of the personal property to plaintiff by operation of the Grange laws when...

Excerpt: ...ider the opposition. If, however, plaintiff believes she had inadequate time to prepare her reply brief, the court would entertain a motion for continuance from plaintiff. Plaintiff's Objection Numbers 1–4 to defendant's exhibits are overruled. 2. Discussion The accepted 998 Offer provides in relevant part: “Defendant agrees to pay reasonable attorney's fees and costs incurred by Plaintiff in this action as determined by the Court for Defenda...

Excerpt: ...ndants' demurrer to the complaint. Request for Judicial Notice Defendants' request for judicial notice (“RJN”) of Exhibits 1 and 2 is granted. (Evid. Code §§ 452(d)(1), (h) and 453.) Allegations of the Complaint Plaintiffs are named beneficiaries of the Trust, along with their brother Thomas Hubbard.2 (Compl., ¶ 1.) Plaintiffs have pending petitions against Thomas in the probate court (EDC Superior Court Case No. PP‐20190244) arising fro...

Excerpt: ... court sustained defendants Wells Fargo Bank and Fay Servicing, LLC's respective demurrers to the initial complaint with leave to amend, with the exception that defendant Fay Servicing, LLC's demurrer to the 11th cause of action for violation of the Homeowners Bill of Rights (HBOR) statutes was sustained without leave to amend on the ground that it was preempted by the Federal Home Owners Loan Act (HOLA) as the subject loan was originated by Worl...

Excerpt: ... contract that the landlord shall not be liable to the plaintiff tenant for injury or death as a result of the tenant's use of the property or premises, even if such injury is caused by active or passive negligence or omissions or negligence of the landlord, landlord's agents or employees, manager, or manger's employees. The tentative ruling on the motion for summary judgment was to grant the motion and enter judgment in favor of defendant Smart ...

Excerpt: ...irst consider and rule on the motion for change in venue and if it is determined that the case properly remains in the El Dorado County Superior Court, the court will consider and rule on the motion to set aside defaults. Plaintiffs move to change venue to another County. Plaintiffs argue that the change of venue is necessary under Code of Civil Procedure, 397(b) as there is reason to believe plaintiffs can not have a fair and impartial trial in ...

Excerpt: ...ered by the amendment, because plaintiff Phan does not have standing to assert the PAGA cause of action, while the proposed PAGA representative does have standing; adding the PAGA cause of action and representative will allow for superior representation of defendant's employees and further PAGA purposes in prosecuting and deterring Labor Code violations; public policy weighs in favor of granting the motion; the proposed 1st amended complaint does...

Excerpt: ...y binding arbitration. Cross‐Defendant Aerotek argues in support of the petition: cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power and cross‐defendant Aerotek entered into a services agreement on October 16, 2016 wherein cross‐defendant Aerotek was to provide to cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power one or more contract employees as requested by cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power fro...

Excerpt: ...” (Cal. Rules of Court, Rule 3.1345(a)(5).) And second, because plaintiffs retained new counsel, plaintiffs' prior counsel—who had a deadline of February 17, 2021, to file the instant motion—declares that he did not have the authority to “engage in substantive meet and confer efforts” with defendants' counsel concerning the scope of the subpoena before having to file the motion by the deadline. (See Mot., Decl. of Ryan Hanlon, ¶ 5.) Ac...

Excerpt: ...rator decided on August 31, 2020 that the matter was properly venued in arbitration, and plaintiff refuses to dismiss the civil case. Attached to the motion as Exhibit A is a copy of the agreement, which includes an arbitration provision that states: in consideration of plaintiff's employment with defendant Pacific Union Financial, LLC, plaintiff agreed that any and all disputes that involve or relate to her employment, or termination of employme...

Excerpt: ... 1st amended complaint against defendant asserting a negligence cause of action for injuries allegedly sustained on defendant's business premises when plaintiff allegedly fell from the top of a table as she got off a chair on top of the table after the plaintiff's employees adjusted a pair of ski boots she was interested in purchasing. Defendant moves to compel further responses to requests for production, request numbers 1, 2, 13, and 25; and pr...

Excerpt: ... and suffered traumatic brain injury, which requires continued medical treatment; he has a substantial interest in the action; granting preferential setting of the trial date is necessary to prevent prejudicing his interest in the litigation; and defendants will not be prejudiced by the preferential trial setting as plaintiff has produced all his available medical records and he is available for deposition and a defense medical exam on shortened ...

Excerpt: ...referee's reports recommended that defendants prevail on seven of the eight referred motions, that plaintiff Setter Construction be sanctioned in the amount of $3,850.00 for abuse of the discovery process, and that the referee's fees be evenly split between the parties. Defendants did not file objections to any of the referee's reports. On December 18 and December 31, 2020, the court issued orders adopting in full the discovery referee's findings...

Excerpt: ...ated to injuries plaintiff allegedly sustained in a motor vehicle accident that occurred on Highway 49. Defendant California Dept. of Parks and Recreation demurs to the two causes of action on the following grounds: the 2nd amended complaint fails to allege sufficient facts to constitute a cause of action for vicarious liability under Government Code, § 815.2; the 2nd amended complaint fails to allege sufficient facts to state a cause of action ...

Excerpt: ...ons of conversion are conclusionary and he is only mentioned by name in paragraph 37; and cross‐defendant Matthew Schneider was totally uninvolved with the contract between the cross‐ complainant and cross‐defendant Tiana Schneider. Cross‐Complainant opposes the demurrer on the following grounds: cross‐defendant failed to attempt to meet and confer prior to the filing of the demurrer; the conversion cause of action against cross‐defen...

Excerpt: ... defendant named in the action was defendant Blain Stumpf who was allegedly liable as the alter ego of defendant BST Services Inc., d.b.a. Blain Stumpf Trucking. Case numbers PC‐201090427 and PC‐ 20200464 were consolidated with PC202190427 designated the lead case. Defendant Stumpf demurs to the negligence cause of action on the following grounds: owners of small business corporations are not personal guarantors of every tort of those corpora...

Excerpt: ...n of Civil Code, § 5100 cause of action on the following grounds: the violation of Civil Code, § 5100 cause of action fails to allege sufficient facts to state a cause of action and is fatally uncertain; the plaintiffs failed to cure the defect identified in the ruling on the demurrer to that cause of action in the 1st amended complaint of failure to allege the damages sustained by the defendants as individual members; and the individual plaint...

Excerpt: ...RD OF REVIEW A defendant moving for summary judgment bears the burden of persuasion that one or more elements of the cause of action at issue cannot be established, or that there is a complete defense to the cause of action. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party bears the initial burden of making a prima facie showing of the nonexistence of a triable issue of material fact, and only if the moving party carri...

Excerpt: ...agreed to arbitrate all disputes that may arise out of the employment context. Defendants argue: the agreement executed by plaintiff provides for binding arbitration of any claim, dispute, and/or controversy that either party may have against one another, including any FEHA discrimination or harassment claims, which would otherwise require or allow resort to any court or other governmental dispute resolution forum between the employee and the Com...

Excerpt: ... 2013: defendants David Sisson and Stacy Sisson were served the summons, complaint, ADR package, civil case cover sheet, notice to litigants, and blank case management statement by substituted service at their home located at a specific address in Shingle Springs, CA by serving John Doe occupant at that address at 9:40 a.m. on July 8, 2013 after two prior attempts to serve them at that address with an occupant claiming on May 26, 2013 that the de...

Excerpt: ...on to the South Lake Tahoe Session of the El Dorado County Superior Court on the ground that defendant resides in South Lake Tahoe and the incident allegedly occurred in South Lake Tahoe. Defendant Rodeway Inn Casino Center's counsel declares: to require trial of the matter in Cameron Park would add substantially to the cost of trial and greatly inconvenience all the parties and witnesses; during the course of trial, counsel will request the cour...

Excerpt: ...y the arbitration award.” (Code of Civil Procedure, § 1285.) “A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner.” (Code of Civil Procedure, § 1288.) “A...

Excerpt: ...ned 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. The Phase Two trial date on the remainder of the case will be re‐set at an upcoming trial setting conference. Defendant Hamid moves for the court to issue an order declaring a mistrial of ...

Excerpt: ... claims. Before the court is defendant's demurrer and motion to strike the complaint in the instant action. A. DEMURRER TO 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(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 ...

Excerpt: ... Country Homeowners' Association, Randall Benton, Charlene Ott, and Robert Vannucci in case number PC‐20170366 asserting that they breached their warranty of authority to enter into the MOU that resulted in the Bowmans' entitlement to use of the subject road. After the conclusion of a five day court trial the court issued its ruling after trial on January 1, 2019. The Judgment was entered on April 12, 2019 in favor of the Bowmans on the complai...

Excerpt: ...or booby‐ trapping the rental premises. The TRO expires on February 19, 2021. On that same date the court issued an OSC directed at defendant to show cause why the court should not issue an order restraining and enjoining defendant during the pendency of this action from blocking, obstructing, or booby‐trapping the subject residence; and removing all boxes barricading the rental premises and a trip wire across the path leading to the rental p...

Excerpt: ...a Clara County Superior Court on the following grounds: the subject accident allegedly occurred in Santa Clara County; no treating health care providers reside in El Dorado County; two witnesses identified by plaintiff reside in Santa Clara County; an additional witness resides in Alameda County, which is adjacent to Santa Clara County; despite having alleged in the complaint that plaintiff resides in El Dorado County, plaintiff testified in his ...

Excerpt: ...on submitted in support of the motion as Exhibit A is an unexecuted copy of the alleged agreement, which includes an arbitration provision that states: “You and Serrano Country Club agree to resolve any and all claims arising out of or related to your employment application, or candidacy for employment, or if hired, any claim related to your employment or employment termination exclusively through final and binding arbitration before a neutral ...