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: ...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...