Excerpt: ... failed to perform as stated and promised and the installation allegedly caused serious roof leaks that resulted in extensive damage to the interior of plaintiffs' home. Defendant demurs to the unfair business practices and financial elder abuse causes of action on the following grounds: these fraud based claims fail to meet the required specificity of pleading facts to support the elements of fraud based causes of action; and puffing and sales t...

Excerpt: ...e ground he walks on. Defendant demurs to all causes of action on various grounds and plaintiff opposes the demurrers on various grounds Demurrer Principles When any ground for objection to a complaint appears on its face, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by demurrer to the pleading. (Code of Civil Procedure, § 430.30(a).) “‘A demurrer admits all mater...

Excerpt: ...2020 defendant was served by posting on the residence door in accordance with the court's order and mailing those documents to the address of the subject residence on March 9, 2020. On April 2, 2020 default was entered against defendant and a judgment for possession entered by the clerk. The request for entry of default declares that the request was served by mail to defendant's address at the subject residence on March 21, 2020. The writ of poss...

Excerpt: ...atories (Set One), and (3) Request for Identification and Production of Documents, and ordered defendant's counsel to pay plaintiff $900 in monetary sanctions under the Discovery Act. That same day, defendant's counsel personally served on plaintiff's counsel defendant's discovery responses, along with a verification that was not attached to any set of responses. On July 9, 2019, plaintiff's counsel received a check for $900. On July 19, 2019, pl...

Excerpt: ...elling the Bathylogger, BathyCat, BL 200, BL 230, and Bathynav; and to prohibit them from marketing, advertising, or selling any other product which competes with plaintiffs products. Defendant opposes the motion on the following grounds: there is no likelihood that plaintiff will be successful in proving trade secret misappropriation in this litigation; plaintiff's implication that defendants product line is similar to plaintiff's and that it es...

Excerpt: ...d the formation of the contract; the plaintiffs failed to allege sufficiently clear and certain terms related to the date defendant's performance was due to repay the alleged loans; and plaintiffs failed to include an indispensable party, the plaintiffs' daughter, who was dating defendant at the time and received the benefits of the alleged contracts giving her a claim of a personal interest in the claims of plaintiffs that defendant must repay t...

Excerpt: ..., forced plaintiff to perform work at an unauthorized private property location for the financial benefit of Chavez, which he contends constitutes slave labor and violated his civil rights. Plaintiff further alleges he was forced to buy meals for Chavez, he was left unsupervised, and he was exposed to unsafe working conditions which resulted in personal injuries. Plaintiff's complaint, filed November 27, 2019, alleges causes of action for (1) gen...

Excerpt: ...r failure to pay rent, plaintiff filed this civil action and the instant ex parte application for a TRO and Preliminary Injunction directing that defendant and the property occupants vacate the property within five days of service of the TRO/Injunction; that plaintiff is to be placed in possession of the property; and that all personal property remaining on the property is to be sold or otherwise disposed of as provided in Code of Civil Procedure...

Excerpt: ...ner “can do more to emphasize noise limitations” to VHR occupants. 1. PROCEDURAL BACKGROUND Lake Tahoe Properties is a property management company specializing in vacation rental properties. They are the representative/agent for Ismael Pulido and the Pulido Rathwell Trust, the owner of real property located at 889 Rainbow Drive in South Lake Tahoe. (Pet. Opening Br., Ex. A to Ex. 1 (“AR”), AR pp. SC2019011816, SC2019011820.)1 Pulido and p...

Excerpt: ...ner “can do more to emphasize noise limitations” to VHR occupants. 1. PROCEDURAL BACKGROUND Lake Tahoe Properties is a property management company specializing in vacation rental properties. They are the representative/agent for Karen Lienert, the owner of real property located at 716 Clement Street in South Lake Tahoe. (Pet. Opening Br., Ex. A to Ex. 1 (“AR”), pp. AR SC20190117010– 11.)1 Lienert was issued VHR Permit No. 005410 (eff. M...

Excerpt: ...set a hearing for a default judgment prove‐up. On June 11, 2020, Liu filed an ex parte application to vacate entry of default and to vacate the hearings on plaintiff's motion for attorney fees and the default judgment prove‐up. The court then scheduled a hearing on Liu's application for July 10, 2020, on a regular Law and Motion calendar. The parties have fully briefed the pending application for relief from default. Liu's application is made...

Excerpt: .... 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's allegations or the accuracy with which he describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading.” (Comm. on Children's Television, Inc. v. Gen. Foods Corp. (19...

Excerpt: ...rmal discovery order was not presented to the court until later and was entered on April 1, 2020. The proof of service of the notice of ruling filed on April 8 2020 declares that on April 7, 2020 notice of the ruling was served on plaintiff by mail to plaintiff's address of record. Arguing that the plaintiff has not complied with the court's discovery order, defendants move for an order imposing the terminating sanction of dismissal of plaintiff'...

Excerpt: ...nt Conwell, and defendant Kelley. On June 5, 2019 plaintiffs Barbot filed the instant action against defendants Bonita Conwell, Thomas Conwell, and Kathleen Kelley for injuries defendant Robert Barbot allegedly sustained as a result of the motor vehicle accident on July 14, 2017 and for alleged damages for loss of consortium suffered by his spouse, plaintiff Courtney Barbot. Defendant Kelley moves to consolidate the two actions that involve claim...

Excerpt: ...5, 2019, plaintiff's attorney requested a 30‐ day extension to respond because plaintiff had injured herself and needed time to recover. Defendant agreed to the 30‐day extension. Plaintiff did not serve any verified responses prior to the deadline. Rather, plaintiff served unverified responses on defendant on January 23, 2020, the same day defendant filed its motions to compel responses to discovery requests. Furthermore, plaintiff did not se...

Excerpt: ...0. Plaintiff's proposed order directs that defendant be compelled to produce all attorney‐client privileged documents regarding communications between the HOA and attorney Deon Stein as to all issues raised in the complaint without limitation to the enactment of the large livestock rule, which were requested in the subject deposition notices. Defendant HOA opposes the motion on the following grounds: the court can not compel further production ...

Excerpt: ...y sanctions in an unspecified amount. The proof of service declares that on January 6, 2020 the notice of hearing, the motion, and the declaration submitted in support of the motion were served by mail on plaintiff's counsel. The declaration in support of the motion was not executed. An executed supplemental declaration was filed on February 20, 2020, which explained the prior declaration was inadvertently not signed and that all statements in th...

Excerpt: ... February 24, 2020 the amended notice of the hearing was served by mail on plaintiff's counsel; and on February 3, 2020 the initial notice of hearing and moving papers were served by mail on plaintiff's counsel. Cross‐Defendant opposes the motion on the following grounds: the civil court has no jurisdiction to decide anything about the property owned by cross‐complainant and crossdefendant, because the Family Law Court had acquired prior juri...

Excerpt: ...igence per se, (3) violation of a non‐delegable duty, (4) failure to maintain a safe workplace, and (5) loss of consortium. Now pending is SMC's motion for summary judgment or, alternatively, summary adjudication on the basis that the complaint is subject to the workers' compensation exclusivity provisions of the Workers' Compensation Act, Labor Code §§ 3600, et seq., and the Privette doctrine, which bars contractor liability for injuries sus...

Excerpt: ...respond because plaintiff had injured herself and needed time to recover. Defendant agreed to the 30‐day extension. Plaintiff did not serve any verified responses prior to the deadline. Rather, plaintiff served unverified responses on defendant on January 23, 2020, the same day defendant filed its motions to compel responses to discovery requests. Furthermore, plaintiff did not serve verifications prior to the hearing on February 21, 2020, she ...

Excerpt: ... aside the Settlement Agreement referenced in the Stipulation, also dated as of March 4, 2020. The Set‐Aside Order also directed the court clerk to set an unlawful detainer trial date in accordance with the various emergency orders issues by the Judicial Council relating to the COVID‐19 health crisis. The orders memorialized in the Set‐Aside Order were made at a hearing held on April 1, 2020. That same day, the court scheduled the trial for...

Excerpt: ...ult prove up hearing was heard on April 16, 2018. On April 26, 2018 the formal written judgment was entered against defendant in the principal amount of $55,350.67 for HOA violation fines, $54,966.50 in attorney fees, and costs of $4,491.80, which amounts to $114,808.97. The court also issued a permanent injunction in the judgment directing defendant to do certain things. The judgment creditor moves for an order authorizing the sale of the judgme...

Excerpt: ...el Joel Cooper a.k.a. Dr. Daniel J. Copper, D.O. On April 11, 2018 plaintiff's action against Dr. Daniel J. Copper, D.O., Inc. was voluntarily dismissed with prejudice and plaintiff requested that the court enter a default judgment only against Daniel Joel Cooper a.k.a. Dr. Daniel J. Copper, D.O. On May 8, 2018 a default judgment was entered only against defendant Daniel Joel Cooper a.k.a. Dr. Daniel J. Copper, D.O. in the total sum of $71,555.36...

Excerpt: ...rcki died as a result of the collision. Presently before the court is a Petition to Approve Compromise of Disputed Claim, filed on behalf of the Claimant by her mother and guardian ad litem. The petition states the Claimant suffered pain in her head, low back, right knee, and legs as a result of the collision. Following the incident, she was evaluated at the emergency room. The Claimant has recovered from the effects of the collision and there ar...

Excerpt: ...ociation's motion for attorney fees in the amount of $51,052. Wanamaker became the owner of a unit in the Association's complex on January 9, 2019, after his mother passed away. As a member of the Association, Wanamaker was subject to the Association's governing documents. This was an action to enforce the governing documents. Civil Code § 5975 provides that “[i]n an action to enforce the governing documents, the prevailing party shall be awar...

Excerpt: ...interrogatories, set 3, Nos. 96, 97, 103, 139, 140, 141, 142, 143, 144. Petitioner alleges respondent's answers were objections and not responsive.1 Petitioner moves to compel further responses and requests an award of monetary sanctions in the amount of $3,000. The proof of service in the court's file declares that on February 14, 2020 notice of the hearing and copies of the moving papers were served by mail on respondent's attorney to compel di...

Excerpt: ...e causes of action on the following grounds: the 1 st amended cross‐complaint is uncertain and fails to allege sufficient facts to establish that cross‐ defendant has violated the no contest clause of the Trust instrument; the underlying breach of contract complaint does not attack the validity of the Trust and only seeks to enforce a contract signed by cross‐complainant to revoke the Trust and transfer real property to cross‐ defendant; ...

Excerpt: ...ntiffs to produce documents at the depositions; the documents requested were the same or similar to the documents previously requested; plaintiffs eventually appeared for their depositions, however, they failed to produce any of the requested documents; and despite a request for responses and production, plaintiffs failed to provide any responses to the discovery propounded. Defendants Tenth Hall, Inc. and Carter move to compel responses to the r...

Excerpt: ...led that motion, defendant served Special Interrogatories to Setter Construction (Set Two), which is comprised of an additional 81 interrogatories. (Plaintiff's Ex. 5.) Defendant served with both sets of special interrogatories the Declaration of Eric Miller in Support of Additional Discovery. (Id., Exs. 2, 6.) On January 29, 2020, plaintiff filed a second motion for protective order, to include Special Interrogatories (Set Two). “When interrog...

Excerpt: ...ers to the declaratory relief, breach of contract, breach of the implied covenant of good faith and fair dealing, and accounting causes of action of the 1 st amended complaint. The hearing was continued to August 16, 2019 for a long cause oral argument and later advanced to August 15, 2019. Due to a medical emergency, the hearing on oral argument was continued to September 13, 2019. On August 23, 2019 plaintiff filed a motion for leave to file a ...

Excerpt: ...that Trust; and after decedent's death he recorded a deed that he executed purportedly as a beneficiary of the Trust which purports to convey the real property to himself and decedent Donald Joseph Bracco ™ as joint tenants, a certification of the Bracco Living Trust executed by defendant Schilling, and a UCC‐1 financing statement by and between decedent and defendant. Defendant/Cross‐Complainant filed a cross‐complaint against plaintiff ...

Excerpt: ...o pay for legal services rendered in a dissolution action, monthly billing statements were sent to plaintiff, and plaintiff failed to pay the fees due and owing; and there remains no triable issues of material fact as to plaintiff's entitlement to payment of the balance due and owing for such legal services. The proofs of service declare that on November 26, 2019 the notice of motion and moving papers were served by overnight/express mail on defe...

Excerpt: ...an account stated in monthly billing statements transmitted to defendant at the address provided by defendant and defendant promised to pay the amounts listed on the monthly bills by keeping and utilizing the card; by failing to object to the amount due and owing on each bill, defendant manifested his agreement that the amount listed on the billing statement was correct; at the special request of defendant, plaintiff lent money and rendered servi...

Excerpt: ...mplaint in this action on November 15, 2018. The first amended complaint was filed on July 25, 2019. The first amended complaint asserts the following causes of action against defendants Monica Kohs, Kelly Ramsey, and Elizabeth Pintar: to quiet title; to cancel the recorded 2007 amended land coverage transfer agreement between Janet Ney Walker and Monica Kohs, which amended the 2004 agreement between them that reserved ownership of certain land c...

Excerpt: ...rules and regulations on the ground that defendant complied with the notice within 24 hours of service, leaving no ground to terminate defendant's tenancy. On November 13, 2019 the action was dismissed without prejudice upon request of plaintiff. A proof of service declares that on December 19, 2019 defendant filed and served on plaintiff's counsel a memorandum of costs seeking recovery of $180 in costs for filing and motion fees. There is no mot...

Excerpt: ...Baugh filed and served the 1st amended answer to the cross‐complaint. When any ground for objection to an answer appears on its face, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by demurrer to the pleading. (Code of Civil Procedure, § 430.30(a).) “A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or...

Excerpt: ...dicial Council Form (Form PLD‐C‐010.) The form answer does not deny the allegations of the complaint and defendant has only submitted the following statement in answer to the complaint: “That plaintiff is willing to work with defendant and allow a reasonable monthly payment, that will not cause financial hardship, until the payment of $3,915.34 is paid in full. Defendant has attached a copy of the letter that was mailed to the plaintiff, Se...

Excerpt: ...utsche Bank, MERS, and Ocwen Loan Servicing, LLC demur to all causes of action on the following grounds: the Rosenthal Fair Debt Collection Practices Act does not apply to foreclosure proceedings; plaintiff's allegation that defendant Deutsche Bank engaged in outrageous conduct by pursuing foreclosure without legal authority is contrary to facts that are the proper subject of judicial notice that an assignment of the deed of trust to Deutsche Ban...

Excerpt: ...geable person could not state under oath that the documents that were produced were all the documents responsive to the document categories requested, because he did not search and compile the documents produced and admits that the response to the requests for production did not comply with what the plaintiff wanted in the requests, because there are more documents at their facility that were not produced at the deposition. (Plaintiff's Exhibit C...

Excerpt: ... Council Form (Form PLD‐C‐010.) The form answer admits all facts alleged in the complaint, except “the amount owed” and defendant has only submitted the following statement in answer to the complaint: “I was up to date on payments prior to unforseen [sic] financial hardships after relocating to California. It is not that I didn't want to stay current with payments I am unable to pay. I owe the IRS over 10,000[sic] and they have placed m...

Excerpt: ...r, and the Morgan Stanley branch manager: financial elder abuse; negligence, negligent supervision, negligence per se, violation of Business and Profession Code, §§ 17200, et seq., fraudulent concealment, breach of fiduciary duty, recovery of assets, subpoena for all financial records, and violation of Corporate Securities Code, §§ 25400 and 25500, et seq. The causes of action are premised upon allegations of improper management of the Trust'...

Excerpt: ...writ of habeas corpus. The caption on the first page of the petition states, “In the Supreme Court of the State of California.” A copy of the petition was submitted to the trial court. Apparently construing the petition as having been filed in this court, it was assigned to a visiting judge for determination. In an eight‐page decision filed October 5, 2018, the petition was denied. On February 27, 2019, the California Supreme Court denied r...

Excerpt: ...overed evidence establishes that he did not own any interest in the Lee Family 6 Children Trust, LLC; he exercised reasonable diligence to discover and produce the evidence at trial; and the evidence was material to defendant's defense against an award of punitive damages. Plaintiffs argue in opposition: the motion should be denied, because defendant failed to timely serve the moving papers on plaintiffs; defendant is not entitled to a new trial,...

Excerpt: ...bruary 14, 2020, to April 10, 2020. Trial is set to begin on June 8, 2020. The court reviewed the email and written correspondence that took place between the parties about the depositions. On June 7, 2019, defense counsel emailed plaintiffs' counsel to follow‐up on deposition dates. (Decl. of M. Schwartz, Ex. B, p. 1.) Plaintiffs' counsel did not respond to that email. (Id., Ex. B, p. 3.) On July 16, 2019, plaintiffs' counsel's secretary email...

Excerpt: ... the notice of entry of the ruling was served on plaintiffs' counsel by mail. Arguing that the plaintiffs have not complied with the court's discovery order, defendants move for an order imposing the terminating sanction of dismissal of plaintiff's action with prejudice for plaintiff's failure to comply with the court's order compelling discovery responses, or, in the alternative, to impose issue sanctions, evidentiary sanctions, or additional di...

Excerpt: ...mits that plaintiff only worked for plaintiff on the date of the subject incident, therefore, plaintiff is excluded from the definition of employee of the homeowner under Labor Code, § 3352(a)(8); and the 5th cause of action is uncertain due to plaintiff's allegation that in paragraph 54 of the complaint that “Defendants employed plaintiff on the day of the subject incident.” Plaintiff opposes the motion on the following grounds: the complai...

Excerpt: ... The court determined that there was an enforceable oral shareholder agreement between the three parties in this action for equal shareholder interests in the subject corporation, the contract continues to the present day, and the action against defendant is not time‐barred. A jury trial is set to commence on March 10, 2020 on the remaining issues in this litigation. On November 25, 2019 plaintiffs filed a motion for preliminary injunction to b...

Excerpt: ...statutes and guidelines when it adopted a mitigated negative declaration and approved a project to replace the existing Newtown Road Bridge and a full environmental impact report is required as there is substantial evidence in the record to support a fair argument that the approval of the project may result in significant impacts to the environment. Respondent County of El Dorado moved to quash service of the summons and petition and requested th...

Excerpt: ...ba Buckingham Properties Lake Tahoe, Monique Hill, Marni Coyle, and Carl Fair. 1. STANDARD OF REVIEW RE: DEMURRER 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's allegations or the accuracy with which he describes the defendant's conduct. A demurrer tests only the legal suf...

Excerpt: ...s are imposters who are falsely masquerading as members of the Miwok Tribe, and they have wrongfully taken over control of he Shingle Springs Band of Miwok Indians. Defaults were entered against defendants on October 17, 2019. Defendants move to quash/dismiss the complaint without leave to amend (with prejudice) on the following grounds: the court lacks subject matter jurisdiction to determine whether the “true Miwoks” asserted by plaintiff s...

Excerpt: ...ff moves pursuant to the provisions of Code of Civil Procedure, § 473(b) to vacate the default and default judgment entered in its favor on the ground that the entry of default and a default judgment was obtained as a result of plaintiff's mistaken belief that it was a valid account and plaintiff has now confirmed to its satisfaction that the account was opened and/or used fraudulently. Plaintiff's counsel declares: the action arose out of debt ...

Excerpt: ...urred or where any defendant resides at the commencement of the action. (Id. § 395, subd. (a).) The moving party has the burden of negating the plaintiff's choice of venue, which is presumptively correct. (Mission Imports, Inc. v. Superior Court (1982) 31 Cal.3d 921, 928– 929 [184 Cal.Rptr. 296]; Tutor‐Saliba‐Perini Joint Venture v. Superior Court (1991) 233 Cal.App.3d 736, 744 [285 Cal.Rptr. 1].) Under section 395, venue in this action co...

Excerpt: ...ant Chernoff seeks entry of summary judgment or summary adjudication of causes of action on the following grounds: defendant Chernoff served as a volunteer Master and acted in good faith in a manner she believed was in the best interests of the Marshall Grange and with reasonable and appropriate care, therefore, the defendant is immune from liability for plaintiff's claims for monetary damages for breach of fiduciary duties pursuant to the provis...

Excerpt: ...ed Complaint. Defendant is opposed. Leave of court is required to amend any pleading except as provided by Code of Civil Procedure § 472. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading .…” (Id. § 473, subd. (a)(1).) 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 ...

Excerpt: ...t was filed on July 13, 2018. Default was entered on June 19, 2019. Defendant moves to vacate 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...

Excerpt: ... Form Interrogatories. Defendant CJS Solutions Group, LLC's Motion for Relief from Waiver of Objections to Plaintiff's Discovery. On September 4, 2019 plaintiff served on defendant five sets of discovery requests consisting of general form interrogatories, employment form interrogatories, special interrogatories, requests for production, and requests for admission, which plaintiff contends were due for response on October 9, 2019. On October 23, ...

Excerpt: ...nduly burdensome, and oppressive at this stage of the litigation; and Weber General Engineering does not concede the relevance of, materiality of, or admissibility of any information requested or provided. Weber General Engineering also made some objections in response to specific requests in addition to the general objections and concluded with the statement that subject to and without waiving such objections plaintiff will produce non‐privile...

Excerpt: ...uested in the supplemental request for production within ten days. Plaintiff was present in court and was advised of the ruling. The proof of service of the notice of ruling filed on October 31, 2019 declares that on October 29, 2019 notice of the ruling was served on plaintiff by mail to plaintiff's address of record. Arguing that the plaintiff has not complied with the court's discovery order, defendants move for an order imposing the terminati...

Excerpt: ...mber 20, 2019 plaintiff filed a motion for reconsideration of the court's ruling sustaining the demurrers with ten days leave to amend on the following grounds: the court erroneously believed that no opposition to the demurrers were filed when, in fact, the opposition was filed on September 27, 2019; the court failed to designate who was to amend the 1st amended complaint, which is confusing, because plaintiff's amended complaint has not been ans...

Excerpt: ...n (f).” (Code of Civ. Proc. § 631, subd. (a).) Pursuant to subdivision (f), a party waives a jury trial by: (1) failing to appear at the trial; (2) written consent filed with the clerk or judge; (3) oral consent, in open court, entered in the minutes; (4) failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set wi...

Excerpt: ...special damages according to proof in a total amount greater than a limited civil action. Plaintiff seeks entry of a default judgment against defendant Sanders in the amount of $180,000. The only documents filed in support of entry of a default judgment against defendant Sanders is the Judicial Council Form CIV‐100 Request for Court Judgment. Plaintiff has not filed any evidence whatsoever establishing the amount of damages plaintiff sustained ...

Excerpt: ... passport had been produced after the motion was filed but prior to the hearing. On October 15, 2019, the court found as moot the motion to compel further response, but sanctioned defendant $810 for failing to timely serve a verified response, which necessitated the filing of the motion by plaintiff. The court ordered that the sanction be paid within 20 days of the date of the order. In her instant motion, filed November 6, 2019, plaintiff indica...

Excerpt: ...ault judgment was entered against defendant in the amount of $1,052.24. There is no proof in the court's file that plaintiff served defendant with notice of entry of the default judgment. Over one year after entry of default defendant filed the instant motion on August 5, 2019. Defendant moves to vacate and set aside the default pursuant to Civil Code, § 1788.61 and Code of Civil Procedure, § 473.5 on the ground that he was never properly serve...

Excerpt: ...te. Citing paragraphs 3, 4, and 15 of the settlement agreement, plaintiff moves to enforce the settlement agreement by seeking a court order directing defendants to immediately turn over all documentation relating to defendant One Source LED Lighting, LLC's claims against the Judicial Council for breach of contact. The proof of service in the court's file declares that on June 11, 2019 notice of the hearing and the moving papers were served on de...

Excerpt: ...cident that is the subject of this civil action. Defendant Wilson contends that even if he does not offer any direct evidence in the case, he is forced to examine and conduct discovery that will necessarily disclose his strategy and assertions that could potentially be used against him in the criminal case; and if the motion is denied, it would unfairly and severely prejudice his ability to defend himself in the civil case and jeopardize his righ...

Excerpt: ...Timber Cove Holdings, Inc. Defendants demurred to all causes of action. The court issued a tentative ruling prior to the hearing on July 12, 2019 overruling all demurrers to the verified 1st amended complaint. At the hearing on July 12, 2019 the court set the matter for long cause oral argument to take place at 2:30 p.m. on Friday, August 16, 2019, which was later advanced to August 15, 2019 at 1:00 p.m. and then continued to September 13, 2019 d...

Excerpt: ... petitioner, Rural Communities United, can not establish it has standing to maintain the petition, because petitioner did not submit any comments to the CEQA proceedings until after the public comment period terminated and the public hearing on the project closed. Petitioner responded by moving for leave to amend the petition to add two individuals and an unincorporated association called Conserve El Dorado Oaks as co‐petitioners. The petitione...

Excerpt: ...ong cause oral argument, which was set for April 26, 2019. Before the long cause hearing was held plaintiff filed a 1st amended complaint against the County of El Dorado asserting causes of action for promissory estoppel, disability discrimination by failure to accommodate, and disability discrimination by failure to engage in the interactive process; and having received the 1st amended complaint, defendant withdrew its demurrers. Defendant demur...

Excerpt: ... 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 legal issue of whether the complaint states a cause of action regardless of the existence of triable issues of fact. (Brownell v. Los Angeles Unified Sch. Dist. (1992) 4 Cal.App.4th ...

Excerpt: ... the complaint and defendant has only submitted the following statement in answer to the complaint: “I HAVE NO PROBLEM HONORING MY DEBT. HOWEVER, I WOULD LIKE TO BE ABLE TO MAKE REASONABLE PAYMENTS AS I AM A DISABLED VETERAN, SINGLE PARENT & JUST RECENTLY OBTAINED A HOME AFTER BEING HOMELESS FOR APPROX 9 MOS.” (Emphasis in original.) Plaintiff moves for entry of judgment on the pleadings on the grounds that the complaint states a cause of act...

Excerpt: ...aintiff's property line) of the circular traffic control device at the corner of Sierra Boulevard and Rose Avenue to the property line.” (Pl. Proposed Order on Application for a Preliminary Injunction.) 1. LEGAL PRINCIPLES RE: PRELIMINARY INJUNCTIONS In considering a motion for preliminary injunction, “a court must weigh two ‘interrelated' factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the re...

Excerpt: ... & Jillson (“Alling”) is denied. It is unnecessary to deem the SOS as the agent for process when defendant knows where to serve documents on Alling, as well as who may accept service of the documents on behalf of Alling, and Alling has agreed to accept service. Defendant is referred to Code of Civil Procedure §§ 415.20, 415.40, and 416.10, and Corporations Code § 17701.16 regarding service of process on an out‐of‐state limited liabilit...

Excerpt: ...iff's motion for summary judgment or, alternatively, summary adjudication, against defendant Simms. The matter was originally heard on June 21, 2019. The motion was denied without prejudice because plaintiff presented no evidence that it served the pre‐lien notice on defendant as required by Civil Code § 5660. Plaintiff has now remedied that oversight. (See Pl.'s Separate Stmt. of Undisputed Facts, ¶ 3.1.) 1. STANDARD OF REVIEW “A plaintiff...

Excerpt: .... Defendant moves to vacate the default and default judgment on the ground that the plaintiff failed to serve a statement of damages on defendant thereby rendering the default and default judgment invalid. The proposed answer is attached to defense counsel's declaration in support of the motion as Exhibit B The proofs of service declare that on June 19, 2019 notice of the hearing and the moving papers were served by mail to plaintiff's address of...

Excerpt: ...ecuted by defendant's attorney was submitted with the moving papers. Plaintiff opposes the motion on the following grounds: defense counsel has failed to adequately explain why he waited to respond to the 1st amended complaint after receiving notice that his clients' response was already past due; defense counsel's failure to calendar does not excuse his failure to file the motion to vacate the default earlier, since he was on notice of default l...

Excerpt: ...e interim harm to the parties from issuance or nonissuance of the injunction.” (Butt v. State of Cal. (1992) 4 Cal.4th 668, 677–678 [15 Cal.Rptr.2d 480], citing Common Cause v. Bd. of Supervisors (1989) 49 Cal.3d 432, 441–442 [261 Cal.Rptr. 574].) The trial court is to weigh “the potential‐merit and interim‐harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction.” (Butt,...

Excerpt: ... failure to timely respond waives all objections to the requests and the propounding party may move to compel answers to production of documents. (Code of Civil Procedure, § 2031.300.) A motion to compel answers to production of documents must set forth specific facts showing good cause justifying the discovery sought by the demand and must be accompanied by a meet and confer declaration under § 2016.040. (Code of Civil Procedure, § 2031.310.)...

Excerpt: ...greement and requests attorney fees and costs. The motions are opposed. By way of background, this lawsuit was filed in 1992 by 15 plaintiffs as “the record title owners of certain real property” situated within Lighthouse Shores against defendant Tahoe Keys Property Owners Association (“TKPOA”). Lighthouse Shores is a subdivision located within Tahoe Keys. The complaint alleges that in or about 1975, Lighthouse Shores was enclosed by the...

Excerpt: ...greement and requests attorney fees and costs. The motions are opposed. By way of background, this lawsuit was filed in 1992 by 15 plaintiffs as “the record title owners of certain real property” situated within Lighthouse Shores against defendant Tahoe Keys Property Owners Association (“TKPOA”). Lighthouse Shores is a subdivision located within Tahoe Keys. The complaint alleges that in or about 1975, Lighthouse Shores was enclosed by the...

Excerpt: ... when requested by a party. (Code Civ. Proc., § 664.6.) The parties agreed in the Stipulation for Entry of Judgment to allow the Court to retain jurisdiction until the terms of the settlement are fully performed. (Exhibit 1, ¶¶ 7, 8.) Therefore, the Court has jurisdiction to enforce the stipulated settlement. The stipulation was filed November, 14, 2014. The stipulation required Defendant to pay the sum of $ 13,906.41 to Plaintiff by payments ...

Excerpt: ...ey fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as s...

Excerpt: ...ere served by mail on defense counsel on June 28, 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 (d) and did not request exclusion.” (Civil Code, § 1781(f...

Excerpt: ...ere served by mail on defense counsel on June 28, 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 (d) and did not request exclusion.” (Civil Code, § 1781(f...

Excerpt: ...rney fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as...

Excerpt: ...egulations regarding minimum lot size, the written easement was executed. (Complaint, paragraph 19.) The grant of easement was recorded on July 21, 1986. (See Complaint, Exhibit 2.) Defendant filed a cross‐complaint against plaintiffs seeking declaratory relief concerning the validity and enforceability of the subject easement and to quiet tile to the easement area on the ground that the easement was unenforceable and void as the easement effec...

Excerpt: ...he amount of $3,841.31. Approximately one month after entry of default defendant filed the instant motion on July 18, 2019. Defendant moves to vacate and set aside the default pursuant to Code of Civil Procedure, § 473 on the ground that service of the summons did not result in actual notice in time to defend against the action brought by a debt buyer, because she was not served the summons and complaint. The proof of service in the court's file...

Excerpt: ...specific performance. Defendants filed their answer to the 1st amended complaint on June 11, 2018 and on that same date filed a cross‐complaint for partition of real property. Plaintiff filed her answer to the cross‐ complaint on July 12, 2018. On May 17, 2019 plaintiff filed a motion for leave to file a 2nd amended complaint in order to add causes of action for financial elder abuse, to quiet title, and for a TRO, preliminary injunction and ...

Excerpt: ...s‐Defendant Polam Federal Credit Union demurs to the intentional infliction of emotional distress, unfair business practices, and declaratory relief causes of action on various grounds. Cross‐Complainants oppose the demurrers on various grounds. Cross‐Defendant Polam Federal Credit Union replied to the opposition. Demurrer Principles When any ground for objection to a complaint appears on its face, or from any matter of which the court is r...

Excerpt: ...30,000 on May 2, 2019. Defendant moves to vacate the default and default judgment on the ground that the plaintiff failed to serve a statement of damages on defendant thereby rendering the default and default judgment invalid. The proposed answer is attached to defense counsel's declaration in support of the motion as Exhibit B The proofs of service declare that on June 19, 2019 notice of the hearing and the moving papers were served by mail to p...

Excerpt: ...ained the demurrers to all causes of action without leave to amend and overruled the demurrer to the petition for writ of mandate. The petition for writ of mandate alleges: the County does not make individualized determinations of each particular project regarding the nature and extent of each project's traffic impacts; instead the County looks to the non‐individualized Traffic Impact Mitigation (TIM) Fee Program set forth in the County's Gener...

Excerpt: ...requests. The motion is granted on the basis that the responses were not properly verified. The verification is dated March 27, 2019, before defendant even served responses to the discovery on June 21, 2019. (Decl. of Mark L. Bissonnette, Ex. 2.) Furthermore, the verification provided was not attached to the responses and appears to be a generic verification to “discovery responses.” (Id., ¶ 7.) A generic verification defeats the purpose of ...

Excerpt: ...on, unless it determines that the right to compel arbitration has been waived by petitioner, that grounds exist for rescission of the agreement, or that a party to the agreement is also a party to a pending court action or special proceeding with a third party. “Such a petition essentially seeks specific performance of the arbitration agreement. [Citation.] ‘In determining whether an arbitration agreement applies to a specific dispute, the co...

Excerpt: ... 11, 2019 the court granted Defendant MHC's motion for leave to file a cross‐ complaint. The cross‐complaint was filed on April 12, 2019 against Plaintiff asserting the following causes of action: inverse condemnation; creation of a dangerous condition at defendant MHC's property and State Route 49 that greatly increases the likelihood a member of the public will collide with recreational vehicles exiting defendant MHC's property thereby subs...

Excerpt: ... defendant Feister to special interrogatories was moot and ordered defendants Feister and Stix Development to do the following: serve original verifications to each discovery response within ten days; serve original verified answers to form interrogatories – construction litigation, without objection within ten days; serve original, verified further responses to requests for production without objection within ten days; and produce all responsi...

Excerpt: ...ce, motor vehicle wrongful death, motor vehicle survival, Government Code, § 815.2 public entity liability for employee negligent conduct, public entity wrongful death, public entity survival action, and dangerous condition of public property (Government Code, § 835) causes of action. Defendant CALTRANS demurs on various grounds to the allegations of general negligence found within various causes of action, the 4th cause of action for liability...

Excerpt: ... York Mellon demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on various grounds and requests that leave to amend be granted should any demurrer be sustained. Plaintiffs also object to all of defendant's requests for judicial notice. Plaintiffs' Objections to Defendant New York Bank Mellon's Requests for Judicial Notice Defendant New York Bank Mellon requests the court to take judicial notice of the note and docu...

Excerpt: ...ion to strike portions of the complaint filed by Meyers Station, Inc., dba Buckingham Properties Lake Tahoe, Monique Hill, Marni Coyle, and Carl Fair. 1. STANDARD OF REVIEW RE: DEMURRER 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's allegations or the accuracy with which h...

Excerpt: ...laintiff and Castaway Properties, a dissolved California LLC. (Compl., ¶¶ 14–15; Mot., Ex. 1, p. 8, ¶ 22.) Castaway Defendants cannot compel the other parties in this litigation to mediate and/or arbitrate based upon a Purchase Agreement to which they were not parties. Additionally, the statutes cited by Castaway Defendants in support of the motion, Code of Civil Procedure §§ 1281.2 and 1281.4, pertain to arbitration, not mediation. Additi...

Excerpt: ...esent, and potential future claims. (Defs. Mot., Ex. A at p. 2, sec. 4.) On July 15, 2019, plaintiff filed a Request for Dismissal with prejudice as to the Cramers. Simpson and D'Aintree are the only remaining defendants. The instant motion was filed on June 14, 2019, and the hearing was set for July 26, 2019. Plaintiff did not file an opposition to the motion prior to the hearing. Rather, plaintiff appeared at the original hearing on July 26 and...

Excerpt: ..., § 2924h(g). Defendants JP Morgan Chase Bank and Federal Home Loan Mortgage Corp. (Freddie Mac) demurs to all causes of action of the 1st amended complaint on various grounds. Defendanst also requested the court to take judicial notice of documents. Plaintiffs oppose the demurrers on various grounds and objected to defendants' requests for judicial notice on various grounds. Defendant JP Morgan Chase Bank and Freddie Mac replied to the oppositi...