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: ...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...