Excerpt: ...d upon defendants. On October 27, 2021 the court clerk filed plaintiffs' motion to compel further responses to form interrogatory number 17.1, special interrogatories, requests for production, and requests for admission. Plaintiffs argue that there was a mistake in that the moving papers were attempted to be fax filed and not eFiled with the court as counsel intended, which led to the court clerk rejecting the filing due to the failure to provide...

Excerpt: ...ing defendant's gross negligence causing plaintiff's injuries, which is not covered by the waiver, release and assumption of the risk form; and plaintiff's expert, Clarke Brodnicki, declares in opposition that defendants' conduct reflected indifference or want of even scant care, which raises the triable issue of gross negligence. Defendants noticed plaintiff's expert's deposition for November 16, 2021. Plaintiff asserted objections to the deposi...

Excerpt: ...osition to the motion by October 25, 2021. Respondents County essentially argue that limited discovery is necessary concerning whether the members of the petitioner non‐ profit corporation had private economic interests advanced by this litigation such that the litigation costs did not transcend the individual members' personal economic interest in the litigation, otherwise neither the Court, nor the County can determine whether these private e...

Excerpt: ...ell the Property by private sale. Pending is the Referee's report of sale and motion to confirm sale. The motion is opposed by defendant. 1. Laws Re: Partition and Sale of Real Property Notice of the sale must be given in accordance with Code of Civil Procedure (“CCP”) §§ 873.640 and 873.650, “which shall include a description of the property, the time and place of sale, and a statement of the principal terms of sale. In place of the prin...

Excerpt: ...ng the litigation would be promoted thereby, … make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case .…” (Ibid.) Further, Code of Civil Procedure § 1048 provides that “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, ...

Excerpt: ...Vail”) at Vail's resort locations or mountain facilities in the United States, moves for an order provisionally certifying the settlement class1 and preliminarily approving the class Settlement Agreement resolving their claims under the federal Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., and the laws of 16 states. A. SUMMARY OF CLAIMS For purposes of settlement, the parties have agreed to consolidate all claims to be resol...

Excerpt: ...der the settlement agreement, which lead to arbitration and a limited civil case (PCL‐20110390). An arbitration award was issued on November 29, 2010 and the award was entered as a judgment upon stipulation for confirmation of the award on May 7, 2011 (2011 Arbitration Award/Judgment). (Defense Exhibit 5.) On December 7, 2021 plaintiff Frances Reinders d.b.a. Fudge Factory Farm filed an action against defendants Visman and High Hill Ranch, LLC ...

Excerpt: ... arguing the following grounds: punitive damages can not be recovered in this action as it is a breach of contract action, because the breach of fiduciary duty derives from the contractual obligations of the HOA; and the conclusory allegations of fact do not support a claim for punitive damages. The proofs of service filed with the court declares that plaintiff's counsel was served with notice of the hearing and the documents submitted in support...

Excerpt: ...ber 28, 2021 to the address of the subject premises; and on October 27, 2021 all other persons or entities in possession were served by posting the summons and complaint at the subject premises, leaving copies of the summons and complaint in the presence defendant Stephen McDermott at the premises on that date, and by mail to the premises address on that same date. Default was entered against defendant Stephen McDermott on November 12, 2021. Alth...

Excerpt: ...n found on the property and by mailing a copy of the notice to defendants to the premises; the 60 day notice period expired on October 5, 2021; and defendants failed to comply with the requirement of the notice by that date. Defendants specially appear to move to quash service of the summons and complaint on the following grounds: the court lacks personal jurisdiction over defendants, because they were never properly served with the summons and c...

Excerpt: ...rn, (2) dangerous condition of property (Gov. Code § 835), (3) negligence (Gov. Code § 815.2), and (4) negligent infliction of emotional distress/bystander liability. On June 12, 2019, Matthew and Nolann dismissed their claims to the complaint, with prejudice. As such, the only remaining cause of action is Tanguy's 1st C/A for negligence/premises liability/failure to warn. Pending are motions for summary judgment from the following defendants: ...

Excerpt: ...th leave to amend, Raley's demurrer and granted the motion to strike punitive damages from the Complaint, with leave to amend. Plaintiffs' First Amended Complaint (“FAC”), filed May 3, 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 FAC and motion to strike puniti...

Excerpt: ...ronmental Heath Permit Ordinance of the El Dorado County Ordinance Code, Chapter 8.05, and public nuisance. Plaintiff prays for a judgment imposing fines and penalties, as well as injunctive relief and an award of attorney fees and costs. Proofs of service filed on November 23, 2021 declare that the registered process server served defendants Jennette Waldow and Jennette Waldow d.b.a. Apple Bistro the summons and complaint and other litigation do...

Excerpt: ...on”). Pending is the Colorado Plaintiffs' motion to intervene pursuant to Code of Civil Procedure § 387 “to protect their interests, and those of the nationwide class and collective of current and former Vail employees they seek to represent in the Colorado Action.” (Mot. at 1:6–8.) The Colorado Plaintiffs request permission to file their Intervenors' Motion to Dismiss this action, without prejudice, pursuant to the “first filed” rul...

Excerpt: ...l Memorandum. The court notes there is very little change between the draft Memorandum that defendant sent to plaintiff and the final Memorandum. Although procedurally irregular, the premature filing does not appear to have affected the arguments made by plaintiff in support of her motion or defendant's arguments in opposition. As such, the court will proceed with consideration of the motion. “Except as otherwise expressly provided by statute, ...

Excerpt: ...njust enrichment, quantum meruit, common counts, fraud, declaratory relief, and preliminary and permanent injunctive relief Plaintiffs/Cross‐Defendants move to strike paragraphs 54‐56 of the cross‐complaint on the grounds that the allegations are irrelevant, false, improper, or highly prejudicial. Cross‐Complainants oppose the motion on the following grounds: the allegations sought to be stricken are essential to the fraud cause of action...

Excerpt: ...ith the requirement of the notice by that date. Defendants specially appear to move to quash service of the summons and complaint on the following grounds: the court lacks personal jurisdiction over defendants, because they were never properly served with the summons and complaint; the purported service by leaving a copy of the summons and complaint on the door of the subject premises should be quashed; and plaintiffs have never filed a proof of ...

Excerpt: ...m closing or locking the Parties' common gate to Highway 49 at any time that the Cross‐Complainants Fieseler are at home.” The Tates appealed from the judgment. On January 24, 2012 the Third District Court of Appeal issued its decision on appeal affirming the judgment in full. On March 7, 2012 plaintiffs filed a petition for writ of review with the California Supreme Court. On April 11, 2012 the California Supreme Court denied the petition fo...

Excerpt: ...t to the issue of plaintiff's loss of earnings claim in that they would reveal plaintiff's earnings before and after the subject incident; plaintiff is self‐employed and has owned multiple businesses, therefore an accurate representation of his earnings would be found in tax records, such as a Schedule K‐1, Schedule C, and 1099 Form; plaintiff testified at his deposition that his business records and QuickBooks were not up to date and his cou...

Excerpt: ...bmor Enterprises, Inc., Constantly Growing, LLC, Constantly Growing Inc., and Callarick Enterprises, LP. Three of the motions seek a court order directing defendants Labmor Enterprises, Inc., Constantly Growing, LLC, and Constantly Growing Inc. to provide further responses to that Special Interrogatories, Set Two, corrected Inspection Demands, Set Two, and Inspection Demands, Set Three without objections. The fourth motion to compel seeks to comp...

Excerpt: ...mpel binding arbitration of the uninsured motorist claim together with the claim against the third party, defendant Rivera, in the personal injury action (Case Number PC‐20200357.), which defendant Rivera and plaintiffs Kwan have agreed to arbitrate. Respondent CSAA Insurance Exchange (CSAA) opposes the petition on the following grounds: this is an underinsured motorist case and, therefore, the uninsured motorist binding arbitration statute doe...

Excerpt: ...Defendant Trinity Financial Services, LLC demurs to all causes of action on the following grounds: the Violation of Civil Code, § 2923.5 Cause of Action is fatally defective, because Section 2923.5 only applies to first priority mortgages and deeds of trust and matters of which the court can take judicial notice of establish that the note foreclosed on was a 2nd deed of trust (DOT); there is no private right of action for violation of Civil Code...

Excerpt: ...s against the moving defendants. 2. Defendants owed no duty to plaintiffs because any danger posed by the steps from which plaintiff Terri Haley fell was open and obvious. 3. Defendants owed no duty to plaintiffs because defendants had no notice of any falls or injuries caused by the landscaped stone pool steps. A. BACKGROUND This case arises from a “trip and fall” incident on October 13, 2017, at defendants' residence in El Dorado Hills, Cal...

Excerpt: ...ved a 15 day notice to pay or quit on September 7 and October 4, 2021 by posting at the premises; on September 28, 2021 the period stated in the notice expired at the end of that day; the defendants failed to comply with the requirements of the notice by that date; all facts stated in the notice are true; the notice included an election of forfeiture; a copy of the notice is attached as Exhibit 2; the amount of rent due at the time the notice was...

Excerpt: ...nt. On November 4, 2021 All About Equine Animal Rescue, Inc. filed a cross‐complaint in case number PC‐20210234 against cross‐defendants Byrd, Wilson, U.S. Bank as Successor Trustee of the Conger Trust, Roger Crist as trustee of the Christ Trust and Georgetown Divide Recreation Dist. Defendants Byrd, Rodarte, Wilson, and Saunders demur to 1st Amended Complaint on the following grounds: the quiet title and declaratory relief causes of action...

Excerpt: ...of service declares that on October 13, 2021 the motion was served by mail on plaintiff's counsel. Although there was no opposition to the motion in the court's file at the time of the November 5, 2021 hearing date, the court noted that the motion was filed on October 14, 2021, the notice of hearing initially stated it was to take place on December 3, 2021, and the date was apparently changed by the clerk when the document was filed by striking o...

Excerpt: ...s from defendant's use, conduct, and arguments concerning two easements across plaintiff's land. On August 31, 2021 Georgetown Divide Recreation Dist. filed a 1st amended complaint in case number PC‐ 20210234 against defendants Byrd, Rodarte, Wilson, Saunders, and All About Equine Animal Rescue, Inc. asserting causes of action for trespass to land, trespass to chattel, nuisance, declaratory relief, and to quiet title arising from a recorded eas...

Excerpt: ...owing grounds: defendant's mistake in failing to advise his insurer that he had been served the summons and complaint is grounds to vacate the default; a defendant's insurer is entitled to relief under Code of Civil Procedure, § 473 when the default was taken through no inexcusable neglect of the insurer; the default was taken with quiet speed; and defendant had a duty to warn defendant, defense counsel and defendant's insurer that plaintiff was...

Excerpt: ... of Utah; and the forum selection clause must be respected as the borrower and lender have a reasonable basis for the forum selection as stated in the governing law provision as the borrower plaintiff understood and agreed that the initial lender, Celtic Bank Corp., a Utah Corporation, is located in Utah, makes all credit decisions from lender's office in Utah, the line of credit is made in Utah, and borrower's payments are not accepted until rec...

Excerpt: ...A proof of service of summons was filed May 10, 2021, stating that Hall was personally served at a residence on Stockton Avenue in South Lake Tahoe on May 2, 2021. As defendant Hall challenges service, plaintiff bears the burden of showing that service was proper. (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.) The registered process server swore under penalty of perjury that she personally served Hall at 11:40 a.m. on May 2 at his residence in...

Excerpt: ... of justice, and on any terms as may be proper, allow a party to amend any pleading .…” (Code of Civ. Proc. § 473.) A trial court may allow the amendment of a pleading at any time up to and including trial. (Id. § 576.) “It is well established that ‘California courts “have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization d...

Excerpt: ...facts that adequately describe, identify, or define the described premises; the amended complaint fails to allege that defendant Ridgeline Group, LLC owns, possesses or controls the property where the alleged dangerous condition existed; and the amended complaint fails allege defendant's breach of a duty of due care related to the property where the accident occurred. Plaintiff oppose the demurrers on the following grounds: plaintiff adequately a...

Excerpt: ... started; plaintiff can not rely on the original contract to allege an account stated; and the complaint fails to allege venue as it fails to state where the account was stated.. Plaintiff opposes the demurrer on the following grounds: the complaint alleges sufficient facts to state a cause of action for common counts under an open book account theory; and defendant's citation of Tringali v. Vest (1951) 106 Cal.App.2d 720, 721‐722 in support of...

Excerpt: ...ust 2, 2021. Defendants Fidelity National Title Company and Fidelity National Title Insurance Company demur to the entire 1st amended complaint asserting it is uncertain and the 2nd cause of action for negligent failure to disclose material facts fails to state a cause of action. The proofs of service filed with the court declare that on September 1, 2021 the initial notice of the hearing and the documents submitted in support of the demurrers we...

Excerpt: ...ecial interrogatories, and granted plaintiff's motion for further responses to requests for production and production of documents, Plaintiff noticed the deposition of defendant's most knowledgeable person to submit for a deposition regarding 21 specified categories of information and to produce at the deposition 17 categories of documents. Defendant objected to the deposition; objected to being examined concerning all 21 information category num...

Excerpt: ...r Code, §§ 1102.5 and 1102.6; and Wrongful Termination in Violation of Public Policy. Defendants demur to the complaint on the following grounds: the 1 st, 2nd and 4th causes of action are premised upon FEHA violations and they are fatally defective as plaintiff has failed to allege sufficient facts to establish that the defendants were plaintiff's employers or joint employers; the FEHA retaliation and failure to prevent retaliation causes of a...

Excerpt: ...port Construction) and Allen were sued and served as POE 2 and POE 1 respectively. They answered the 2nd amended cross‐complaint on January 30, 2020. Cross‐Defendants Newport Construction and Allen move for judgment on the pleadings on the equitable indemnity, contribution, and declaratory relief causes of action of the 2nd amended cross‐complaint on the grounds that each of those causes of action are fatally defective and the court should ...

Excerpt: ...h of governing documents does not allege that the subject unit was or is currently rented or occupied by any tenants or guests; the allegations that it is believed that defendant listed the subject unit on a short term rental site does not violate the governing documents as that situation is not addressed in the governing documents; while defendant requests general damages of $25,100, the plaintiff failed to adequately allege how and by what cont...

Excerpt: ...SC 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 a hearing date for the p...

Excerpt: ...osition to the motion by October 25, 2021. Respondents County essentially argue that limited discovery is necessary concerning whether the members of the respondent non‐ profit corporation had private economic interests advanced by this litigation such that the litigation costs did not transcend the individual members' personal economic interest in the litigation, otherwise neither the Court, nor the County can determine whether these private e...

Excerpt: ...s that on October 13, 2021 the motion was served by mail on plaintiff's counsel. There is no opposition to the motion in the court's file “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: ¶ (1) To quash service of summons on the ground of lack of jurisdiction of the court over hi...

Excerpt: ...y failure to use reasonable care, breach of fiduciary duty by breach of loyalty, negligence, 3rd party tort of another, and requesting a preliminary injunction and other equitable relief. The action arises from an alleged dispute related to the plaintiffs having purchased the subject real property from defendants, plaintiffs' alleged failure to pay a portion of the down payment in the amount of $45,000 when due and owing, and the plaintiffs alleg...

Excerpt: ...iff on paid administrative leave pending defendant County's investigation was a protected activity by the County as it was part of an official proceeding; the claim of constructive discharge in inextricably tied to County's official proceedings authorized by law and, therefore, it arises from County's internal investigation protected activity; the claim of overall hostile work conditions is derivative of plaintiff's other alleged adverse employme...

Excerpt: ..., defendant County filed a special Anti‐SLAPP motion to strike the 1st amended complaint asserting: the adverse action of “double demotion” complained of in the 1st amended complaint was the product of an official proceeding returning plaintiff from a management position to her most recent classified position in accordance with the County Code, which is a protected activity; plaintiff can not establish she engaged in a protected activity; p...

Excerpt: ...ges for breach of the warranty of merchantability and breach of express warranty under the Song‐Beverly Warranty Act related to the alleged sale and delivery of a new vehicle to plaintiff, which was non‐conforming as it had defects and malfunctions. Plaintiff moves to compel a further verified response to Form Interrogatory Number 12.1 within 30 days. Plaintiff does not seek imposition of any discovery sanctions. The proof of service declares...

Excerpt: ...d an order dismissing plaintiff's complaint on November 8, 2019. Judgment was entered in favor of defendant Tahoe Keys Property Owners Association on July 23, 2021. Pending is defendant's motion for attorney fees in the amount of $265,860 and costs in the amount of $1,155. Defendant also requests that the court add to the Judgment, nunc pro tunc, the principal sums of monetary sanctions still unpaid by plaintiff, with interest thereon from the da...

Excerpt: ... filed a 1st amended complaint on April 26, 2021 asserting 11 causes of action arising from his rental of a mobile home space at Cold Springs Mobile Manor. On July 28, 2021 the 8th cause of action was dismissed without prejudice upon request of plaintiff. Defendants Cold Springs Manor, LLC, Ingrid Marlow, Carolyn Natho, Thomas Brache, and Monolith Properties, Inc. demur to the remaining ten causes of action on the following grounds: plaintiff's f...

Excerpt: ...mart, Inc. as DOE 4, Callarick Business, Inc. as DOE 5, Labtech Greenhouses, Inc. as DOE 6, Callarick Enterprises, LP as DOE 7, and 2nd Hand Hydro, LLC as DOE 8. On October 23, 2019 defendants Labmor Enterprises, Inc., Casey Labbitt, Stephanie Labbitt, CMP Agg Innovations, LLC., Constantly Growing, LLC, Constantly Growing, Inc., Callarick Business, Inc., Labtech Greenhouses, Inc., and Callarick Enterprises, LLC filed their answer to the complaint...

Excerpt: ...nd attorney fees. On January 25, 2021 plaintiffs filed an action against defendants asserting causes of action for breach of contract by promissory estoppel and fraud allegedly arising out of a written two year commercial lease agreement, an alleged promise to provide plaintiffs with an additional three year term, and an option for a five year extension. (Case Number PC‐20210027.) On June 30, 2021 the court entered its order compelling arbitrat...

Excerpt: ...ees and costs. The proofs of service declare that on August 19, 2021 Elizabeth Ramos was personally served the notice of hearing of this motion and on August 12, 2021 she was personally served notice of the hearing and the moving papers. There is no opposition in the court's file. “Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (co...