Excerpt: ... this litigation was filed plaintiff was reemployed by defendant and as part of that reemployment plaintiff executed an arbitration agreement on December 28, 2018 covering all past, present and future claims arising from employment and waiving all class action claims. Defendant contends: class action waivers are generally valid and enforceable as stated in Epic Systems Corp. v. Lewis (2018) 138 .Ct. 1612, 1632.); plaintiff's individual claims are...

Excerpt: ...e to hear this motion. The court set the hearing for December 20, 2019; and directed the following: the motion is to be filed and served by December 12, 2019; opposition papers are to be filed and served by December 17, 2019; and the reply is to be filed and served on December 19, 2019. The proof of service declares that on December 12, 2019 notice of the hearing and the moving papers were served by mail to the interested parties. At the time thi...

Excerpt: ...nce; (3) concealment; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) declaratory relief against plaintiff/cross‐defendants Setter Construction Corporation and Patrick Setter. Cross‐ defendants now demur to the Second and Sixth Causes of Action on the basis that these claims fail to state a cause of action, and they also move to strike portions of the ACC. DEMURRER TO AMENDED CROSS‐COMPLAINT 1. Standard of Review...

Excerpt: ...cial meeting was to be held. The special meeting took place on August 7, 2019. Pending is plaintiff's motion to file a First Amended Complaint (filed Oct. 31, 2019). The motion is opposed by the Association. LaTour Hotels and Resorts filed a joinder to the Association's opposition. The motion is denied because it does not “relate back” to the original complaint and appears to be more akin to a supplemental complaint. (See Code of Civ. Proc. �...

Excerpt: ...(a)(2), requires that the plaintiff set forth in the motion the allegations in the previous pleading that are proposed for deletion, and where (by page, paragraph, and line number) the deleted allegations are located. Subdivision (a)(3) requires that the plaintiff set forth in the motion the allegations that are proposed to be added, and where (by page, paragraph, and line number) the additional allegations are located. Plaintiff also did not sub...

Excerpt: ...for and then constructing an alternative bridge over the creek that runs over both properties in order to provide the Nygaard property its own access to the home on the Nygaard property without plaintiff having to use the existing bridge and driveway easement. On July 6, 2018 the court granted plaintiff's request for a TRO, which enjoined defendants, their officers, agents, employees and representatives from blocking, restricting, or impeding the...

Excerpt: ... Cordonnier; deponent Mr. Cordonnier failed to appear at his scheduled deposition; and defendant incurred attorney fees in the amount of $1,300 representing four hours of attorney time to prepare the motion and costs of $60 for the filing fee. Defendant moves to compel Mr. Cordonnier's deposition and requests an award of monetary sanctions in the amount of $1,360. On October 25, 2019 the court granted plaintiff's counsel's motion to be relieved a...

Excerpt: ...t on the 2nd amended complaint on the following grounds: defendant correctly calculated the annual changes in the variable interest rate on the loan as provided for by the agreement and charged the proper amount of interest under the terms of the subject agreement, therefore defendant did not breach the agreement; defendant did not charge 5.75% interest in March 2017 as alleged in paragraph 19 of the 2nd amended complaint, because a delinquent ac...

Excerpt: ...ARD OF REVIEW A demurrer is directed at the face of the pleading 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 [petitioner's] allegations or the accuracy with which he describes the [respondent's] conduct. A demurrer tests only the legal sufficiency of the pleading.” (Comm. on Children's Television, Inc. v. Gen. Foods Corp. (1983) 3...

Excerpt: ...terrogatories are not ambiguous. Ambiguity is a valid objection, but only if the question is wholly unintelligible. An interrogatory must be answered if “the nature of the information sought is apparent.” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783 [149 Cal.Rtpr. 499].) Here, the nature of the information sought is apparent and not wholly unintelligible. Plaintiff states in her supplemental response that she is entitled to actual damages...

Excerpt: ... that some, but not all, of the pages of the passport were produced. In response, defendant states that all pages of the passport have now been produced. In reply, plaintiff does not address whether all pages of the passport have been received. Regardless, what is clear is that defendant still has not provided a verified written response to RP No. 24. Unverified responses to discovery demands are tantamount to no responses at all. (Appleton v. Su...

Excerpt: ...rds, including email communications between the Planning Division and four email domains, and records concerning a criminal investigation. Respondents answered on August 1, 2019. The parties' briefing is now complete and the matter is set for oral argument on the merits. Petitioner filed an opening brief and declaration (filed Sept. 23, 2019); respondents filed an answering brief and several declarations (filed Oct. 15, 2019); and petitioner file...

Excerpt: ...nd Eve Lowry, which was filed in 2006 (See PFL20060896.). Defendant Eve Lowry argues: the real and personal property rights raised in the civil action are subject to the jurisdiction of the Family Law Court that first acquired jurisdiction, thereby making the Family Law Court the exclusive jurisdiction for the civil causes of action to be heard. Plaintiff opposes the motion on the following grounds: the conduct of the named defendants occurred af...

Excerpt: ...ourt. The court will address each motion separately. Plaintiff's Motion to Deem Admitted Requests for Admission. Plaintiff's counsel declares: on July 25, 2019 requests for admission, set two were served on defendant; and defendant failed to provide any responses to requests for admission, set two. Plaintiff moves to deem admitted requests for admission, set two and further requests an award of monetary sanctions. The proof of service in the cour...

Excerpt: ...n the action .… [¶] … The motion shall be made on the grounds that the plaintiff resides out of the state … and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.…” (Id., subds. (a), (b).) This matter was continued from November 22 in order for plaintiff to file a corrected declaration and to submit documentary evidence in support of her assertion that the motion s...

Excerpt: ...g Bergstedt Defendants' Good Faith Settlement Tahoe Realty's Motions to Quash Deposition Subpoenas re: DMV & DRE The motions to quash are granted. Tahoe Realty's Motion to Continue Trial, Joined by Nelson Group Good cause appearing, motion to continue trial is granted. The trial date, currently set to commence January 27, 2020, is hereby vacated. The matter is referred to the calendar clerk for setting of a Case Management Conference to select ne...

Excerpt: ...the MSC set for December 4, 2019. Plaintiff would not stipulate. On September 30, 2019 defense counsel received a letter from plaintiff's counsel stating plaintiff did not agree for the examination to take place more than 75 miles from her residence and plaintiff requested a nurse consultant be present at any examination. Defendants move to compel plaintiff to travel hundreds of miles from Hemet, California to Sacramento, California in order for ...

Excerpt: ... Trustees of the Michael S. and Lori W. McKeen Family Trust; and John Cefalu and Judy Cefalu, individually and as Trustees of the Cefalu Family Revocable Trust. PRELIMINARY MATTERS Plaintiff raises two procedural objections to the demurrer. First, plaintiff argues the demurrer is defective because defendants did not file the actual demurrer. That objection is well taken. At a minimum, the papers filed in support of a demurrer must include the dem...

Excerpt: ...ion for order granting leave to file a first amendment to the answer. Defendant contends that as a result of a ruling made by the Probate Court in December 2018 regarding decedent's estate, additional meritorious affirmative defenses have arisen. Plaintiffs are opposed on the basis that the motion does not comply with rule 3.1324, subdivision (b), of the California Rules of Court. “The court may, in furtherance of justice, and on any terms as m...

Excerpt: ...ant was served with the moving papers by mail on September 25, 2018. The hearing on the motion was set for October 26, 2018. On October 22, 2018, plaintiff's attorney filed a declaration stating that on September 24, 2018, her office received from defendant the responses to plaintiff's requests for admissions. Also on October 22, the court received a letter from defendant requesting that the October 26 hearing be vacated because he had served his...

Excerpt: ... removing or damaging the rock wall and/or otherwise interfering with Mr. Sebring's use of the Road Easement.” (CrossCompl. at 5:17–19.) 1. BACKGROUND Sebring and Bernstein own property in the Diablo Hills subdivision, El Dorado Hills, California. Sebring is the owner of Parcel B and Bernstein is the owner of Parcel A, as shown on the Parcel Map filed in the Office of the County Recorder, El Dorado County, in 1978. (Cross‐Compl., ¶ 1; Decl...

Excerpt: ...ement.” (CrossCompl. at 5:17–19.) 1. BACKGROUND Sebring and Bernstein own property in the Diablo Hills subdivision, El Dorado Hills, California. Sebring is the owner of Parcel B and Bernstein is the owner of Parcel A, as shown on the Parcel Map filed in the Office of the County Recorder, El Dorado County, in 1978. (Cross‐Compl., ¶ 1; Decl. of Michael W. Thomas, Ex. A.) There is a 50' wide nonexclusive road and public utilities easement tha...

Excerpt: ...s Second Amended Complaint (“SAC”), filed November 5, 2018, asserts 10 causes of action against defendants Clear Recon Corp. and Ditech Financial (“Ditech”). Pending is Ditech's demurrer to the SAC. 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...

Excerpt: ...rida. “Article IV, section 1 of the United States Constitution provides that ‘[f]ull Faith and Credit shall be given in each State to the public Acts, Records and judicial Proceedings of every other State.' ‘It has long been the law that “the judgment of a state court should have the same credit, validity, and effect in every other court in the United States, which it had in the state where it was pronounced.” [Citations.]' [Citation.] ...

Excerpt: ...iff alleges the defendants intentionally concealed, did not detect, or withheld knowledge regarding extensive problems with the home, including, but not limited to, insect and rodent infestation, mold, fungus, and asbestos. Pending are demurrers from two groups of defendants, as well as a motion to strike portions of the FAC. For simplicity's sake, the court will refer to these groups as the Nelson Group1 and the Tahoe Realty Group2. A. NELSON GR...