Excerpt: ...clare that notice of the hearing and the moving papers were served by mail to defense counsel on October 25, 2019. There is no opposition to the motion in the court's file. “A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (...

Excerpt: ...nt Plan (OWMP).” (AR 2086.) The DEIR describes the mitigation measures set forth in the ORMP as follows: “The proposed ORMP (provided in Appendix C) defines mitigation requirements for impacts to oak woodlands, individual native oak trees, and Heritage Trees, and outlines the County's strategy for oak resource management and conservation. The ORMP is designed to function as the oak resources component of the County's Biological Resources Miti...

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

Excerpt: ...e, or if any payment should be refused or returned by the bank, constitute defendant's default under the terms of the Stipulation. (Id., Ex. A at p. 3.) If defendant failed to cure the default, the Stipulation authorizes plaintiff to obtain a judgment in court pursuant to Code of Civil Procedure § 664.6. (Id., Ex. A at pp. 3–4.) On January 5, 2017, the court dismissed the action as was agreed upon by the parties. (Id., Ex. B.) Now pending is p...

Excerpt: ...n of documents; and (4) request for admissions. (Decl. of Arthur Zorio, Exs. B–E.) Plaintiff failed to provide any responses. (Id., ¶¶ 4–8.) On June 15, 2018, the court granted defendant's motion for an order to deem matters admitted, to compel plaintiff's responses, and ordered the payment of $1,000 in sanctions by July 14, 2018. (Id., Ex. F.) Plaintiff failed to comply with the June 15 order. On August 3, 2018, defendant moved for termina...

Excerpt: ...f plaintiff's claims, Nationstar is clearly the prevailing party. (See Civ. Code § 1717, subd. (b)(1).) The deed of trust and the note that plaintiff signed in January 2004 when he borrowed $476,000 for a mortgage loan both contain broad attorney fee provisions. Specifically, section 9 of the deed of trust provides that if there is a legal proceeding that might significantly affect the lender's interest in the property and/or rights under the de...

Excerpt: ...nd the unfair business practices cause of action in their entirety and plaintiff was awarded attorney fees in an amount to be determined by a noticed motion for attorney fees. Plaintiff filed this noticed motion seeking an award of over $72,000 in attorney fees and costs incurred in opposing defendants' motion, which includes a claim for 189.5 hours of legal services representing $71,277.50 of the $72,549.41 claimed. Defendants Legacy Family Adve...

Excerpt: ...m bars plaintiff from maintaining an action against him for conduct within the scope of his duties; and the demurrer should be sustained without leave to amend, because the face of the complaint shows that the action is time barred by the provisions of the Government Claims Act. The proofs of service declare that notice of the hearing and the moving papers were served by mail to plaintiff's address of record. There is no opposition to the motion ...

Excerpt: ...llowing grounds: in taking judicial notice of the fact that there is no Government claim in the Placer County records concerning this claim for damages for intentional tort against Placer County Deputy Sheriff Timothy Gualco, the lack of a government claim bars plaintiff from maintaining an action against this sworn officer public employee for conduct within the scope of his duties involving a search warrant; the demurrer should be sustained with...

Excerpt: ... complaint rendering the demurrers moot. Defendants New Penn Financial and Bank of New York Mellon demur to the voidable instrument, cancellation of assignments, breach of the implied covenant of good faith and fair dealing, slander of title, and wrongful foreclosure causes of action on the grounds that these causes of action are premised upon a legally erroneous theory that defendant MERS was not authorized to assign the subject loan and deed of...

Excerpt: ...ion), and to add causes of action for intentional misrepresentation and negligent misrepresentation. A proposed 1st amended complaint has been submitted by attachment as Exhibit A to the declaration submitted in support of the motion. The proof of service in the court's file declares that on October 17, 2019 notice of the hearing and copies of the moving papers were served by mail on defendants Diamond Head Windows and Doors, Inc., Sierra Pacific...

Excerpt: ...¶ 1.) On June 12, 2019, defendants served unverified responses. (Id., ¶ 2 & Exs. 10– 18.) On June 17, 2019, plaintiff's counsel sent a letter to defendants' counsel regarding deficiencies in the responses and the lack of verification. (Id., ¶ 3 & Ex. 19.) Supplemental responses were served on June 28, 2019, but the responses were verified by defendants' attorney and not the parties. (Id., ¶ 4 & Exs. 20–28.) On July 1, 2019, plaintiff's co...

Excerpt: ... Harassment Cause of Action – Government Code, § 12940(j); FEHA Failure to Engage in Interactive Process Cause of Action; FEHA Failure to Accommodate Cause of Action; CFRA Interference and Retaliation Cause of Action; Violation of Labor Code, §§ 98.6 and 1102.5 Cause of Action; Violation of Labor Code, §§ 6310 and 6311 Cause of Action; and Defamation Cause of Action. Plaintiff opposes the demurrers on various grounds. Defendants replied to...

Excerpt: ...n papers are to be filed and served on all parties by 5:00 p.m. on October 15, 2019, and found that Defendant Milgard Manufacturing, Inc. has waived it's right to file a reply to the opposition. Defendant Milgard Manufacturing, Inc. moves for leave to file a cross‐complaint for implied equitable indemnity; comparative indemnity, contribution and declaratory relief against defendant/crosscomplainant/cross‐ defendant TMW Craftsman, Inc. and def...

Excerpt: ...ocess of finalizing settlement agreements with several defendants. She requests that proceedings with these defendants be stayed pending full execution of the agreements. Motion for stay pending full execution of the settlement agreements is granted. Plaintiff's Motion for Hearing re: Subpoenas for Documents Plaintiff's motion pertains to DMV records, Department of Real Estate (“DRE”) records, and the file from Old Republic Title. Plaintiff's...

Excerpt: ... plaintiff's counsel. Plaintiff moves to strike the corporate defendant's answer pursuant to the provisions of Code of Civil Procedure, § 436(b). on the asserted ground that the answer is not filed in conformity with the law of this State, because the action is being maintained by a corporation that is not currently represented by counsel. There is no proof of service of notice of the hearing and a copy of the moving papers on defendant Myecheck...

Excerpt: ...ants will not be prejudiced by the amendment. Defendants oppose the motion on the following grounds: the 2nd amended complaint involves post2017 conduct that is irrelevant to the valuation of plaintiff's claimed interest in the Company where the valuation date is December 19, 2017; the allegations of the fraud cause of action are not sufficiently specific; the proposed allegations to be added by the amendment are antagonistic to the allegations o...

Excerpt: ...ad, Lotus, CA by serving the office manager, Mariah Stetler, authorized to accept service who was apparently in charge of the office or usual place of business. The accompanying declaration of reasonable diligence declares: the registered process server unsuccessfully attempted to serve defendant Rangel at his office at 4:22 p.m. on Thursday, April 11, 2019, at 9:30 a.m. on Friday April 12, 2019, and at 3:04 p.m. on Friday April 12, 2019; and on ...

Excerpt: ...e the default on the following grounds: the judgment is void on its face, because the proof of service of the summons and complaint was not executed under penalty of perjury and, therefore, the clerk erred in entering of the default; the complaint fails to state the amount of punitive damages plaintiff seeks and there is no statement of punitive damages in the file, therefore, entry of a default judgment including punitive damages would be void ;...

Excerpt: ...plaint against defendants Wang and Innobiosurg of America, Inc. Defendant Innobiosurg of America, Inc. demurs to the breach of contract and age discrimination causes of action of the 2nd amended complaint on various grounds. Plaintiffs oppose the demurrers on various grounds. Defendant Innobiosurg of America, Inc. replied to the opposition. Breach of Contract Cause of Action Defendant Innobiosurg of America, Inc. argues: there are insufficient al...

Excerpt: ...t engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope of the motion by looking to the operative pleading. The pleadings serve as the “outer measure of materiality” for a motion for summary judgment in addition to determining the scope of the motion. (Gov't Employees Ins. Co. v. Super. Ct. (2000) 79 Cal.App.4th 95, 98 [93 Cal.Rptr.2d 820]; Laabs v. City of Victorville (2008) 163 Cal.App....

Excerpt: ...on July 11, 2018, by first class mail, postage prepaid, and return receipt requested. Default was entered against Ditech on August 21, 2018. To date, judgment has not been entered against Ditech. On December 7, 2018, Ditech filed its motion to set aside default. Ditech's motion is made pursuant to Code of Civil Procedure § 473, which provides in part: “The court may, upon any terms as may be just, relieve a party … from a judgment, dismissal...

Excerpt: ... not oppose the motion. If opposition papers are not timely filed, the court, in its discretion, may deem it a waiver of any objections and treat it as an admission that the motion is meritorious and may grant the motion. (Local Rules of the El Dorado County Superior Court, Rule 7.10.02(C).) The court will exercise its discretion and deem plaintiff's non‐opposition as an admission the motion is well taken. Defendants' motion to sever the statut...

Excerpt: ...A motion for judgment on the pleadings has the same purpose and effect as a general demurrer. (Smiley v. Citibank (1995) 11 Cal.4th 138, 146 [44 Cal.Rptr.2d 441].) Like a demurrer, a motion for judgment on the pleadings admits, for purposes of the motion, the truth of all material facts that have been pleaded. (Consol. Fire Prot. Dist. v. Howard Jarvis Taxpayers' Ass'n (1998) 63 Cal.App.4th 211, 219 [73 Cal.Rptr.2d 586].) The motion raises the le...

Excerpt: ...al. Thus, the court could not yet make a ruling on defendant's demurrer made on the basis of res judicata. Plaintiffs' appeals in the California state courts are now exhausted. Plaintiffs recently requested a continuance of this hearing in order to request review from the United States Supreme Court (“SCOTUS”). Plaintiffs' request for another continuance is denied. Plaintiffs' underlying cases are now final since there is no other level of th...