Excerpt: ...urse and scope of her employment with Safeway, Inc. The proofs of service declare that on March 25, 2021 notice of the hearing and the moving papers were served by mail and email to the plaintiff's counsel and on May 7, 2021 notice of the hearing and the moving papers were served by mail and email to defense counsel. There is no opposition to the motion in the court's file. “If any provision of law confers an unconditional right to intervene or...

Excerpt: ... in addition to the seven hours provided for by statute, for a total time of nine hours of examination by both defendants. Defendant asserts that the extra time is necessary to fairly examine the plaintiff as defendant Aerotek has had no time to examine plaintiff in the 5 ½ hours of the deposition and Aerotek needs at least one hour of time to question plaintiff about his claims against Aerotek; and the extra time is necessary due to other circu...

Excerpt: ... the plaintiff filed the 1st amended complaint. The proofs of service filed on that same date declare that on March 25, 2021 defendant was served the 1st amended complaint by mail to defendant's address of record and by email. Defendant demurs to the complaint on the following grounds: the alleged lease is not attached to the complaint, because the 1st amended complaint alleges the lease expired on September 25, 2020 while the attached lease stat...

Excerpt: ...efendants, plaintiffs' failure to pay a portion of the down payment in the amount of $45,000 when due and owing, and the plaintiffs deeding back title to the defendants as provided by the terms of an addendum to the sale/financing agreement, which plaintiffs contend was illegal and void as it allowed defendants to obtain title to the property without resort to the allegedly mandated judicial or non‐judicial foreclosure procedure. Plaintiffs app...

Excerpt: ...the amount of $3,755. Plaintiffs argue that defendants failed to assert proper objections as they were boilerplate and baseless objections that were inapplicable or without merit; defendants provided only evasive and partial responses; and defendants refused to produce a single document. Defendants oppose the motion on the following grounds: form interrogatory number 8.4 is irrelevant, because defendant Folsom Family & Sports Medicine Group had r...

Excerpt: ..., LLC and the amended promissory note allegedly executed on September 1, 2019, which was allegedly consistent with a final arbitration award that was pending entry as a judgment in Los Angeles County Superior Court case number 19STCP04266 and included a new payment plan. Plaintiff moves for summary adjudication of the 1st cause of action for breach of contract pled solely against defendant Roundhay Properties, LP and the 2nd cause of action for b...

Excerpt: ...(Set One). Preliminary Matters The court finds that plaintiffs have established the reasonable and good faith meet‐ and‐confer requirements prior to filing the instant motions. (Code of Civ. Proc. §§ 2016.040, 2030.300(b), 2031.310(b).) There being no objection to the form of plaintiffs' proposed Belaire‐West notice,1 plaintiffs' request to approve the notice is granted. (Pls. Index of Exhibits in Support of Motion to Compel, Exhibit I.) ...

Excerpt: ...isputes raised in this action and to stay this case pending arbitration. Defendants assert: defendants met their burden to prove the existence of the arbitration agreement; plaintiff is bound by the arbitration agreement; the dispute raised in this action falls within the scope of the arbitration agreement as it seeks an adjudication of the validity of the Water Rights and Easement Agreement; there are no grounds to invalidate the arbitration agr...

Excerpt: ...by mail to plaintiff's counsel and defense counsel on March 12, 2021. Acknowledging receipt of further discovery responses before the hearing on the motion, defendant argues that plaintiff has not fully complied with the court's discovery order in that the further responses served prior to the hearing on the motion to compel were deficient as to special interrogatory numbers 16, 19, and 25, and plaintiff has failed to provide compliant amended re...

Excerpt: ...ssociation moves for entry of summary judgment or summary adjudication on the following grounds: plaintiff's membership application contained a release of liability for use of “The Club at Blackstone”, a recreational fitness club managed by defendant Vierramore, Inc., which bars this lawsuit; the action is barred by the doctrine of primary assumption of the risk; and defendants did not engage in conduct that was totally outside the range of o...

Excerpt: ...ts owed no duty of due care to plaintiff as he lacks standing to sue; there are no cognizable claims that defendants caused any damages to plaintiff to a legal certainty as he settled his claims against a third party and retrieved the assets he claims the Trust lost; and all of plaintiff's claims are barred by the applicable statute of limitation. Plaintiff opposes the motion on the following grounds: the court should exercise its discretion to d...

Excerpt: ... (1983) 35 Cal.3d 197, 213.) All properly pleaded allegations of fact in the complaint are accepted as true, but not the contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A judge gives “the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Ibid.) Additionally, “facts appearing in exhibits attached to the complaint will also be accepted as true an...

Excerpt: ... discovery. (Declaration of Adam Dolce in Support of Motion, Exhibit. B, p. 6.) After back‐and‐forth emails, counsel were not able to resolve the dispute. (Plaintiff's Exhibit B, pp. 1–7.) Thereafter, plaintiff unilaterally noticed Dr. Norman's deposition for February 3, 2021. (Plaintiff's Exhibit A.) On January 25, 2021, Dr. Norman served his objection to the deposition notice asserting that discovery was closed, the deposition was unilate...

Excerpt: ...g Clark agreed to provide defendant Joshua Williams a loan in connection with a construction project at 2040 West Green Springs Road in El Dorado Hills (“Subject Property”). (Compl., ¶ 9.) Subsequently, Williams convinced Clark to invest in additional construction projects at other properties located on West Springs Road. (Id., ¶ 14.) Clark and Williams amended their original agreement, including that Clark agreed to furnish all necessary f...

Excerpt: ... comply with court order. To date, there is no opposition or any type of response from defendant in the court's file. Motion to Compel Further Responses Request No. 22: Denied. Request No. 23: Granted. Request No. 24: Granted. Request No. 25: Granted. Request No. 27: Granted. Request No. 28: Granted. Request No. 29: Granted. Request No. 30: Granted. Accordingly, plaintiffs' motion is granted in part and denied in part. Having reviewed and conside...

Excerpt: ...s entitled to possess the property and defendant remains wrongfully in possession of the property preventing the 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 Valley Grange Charter was revoke...

Excerpt: ...ing grounds: all of defendant's alleged conduct involved the underlying family court case in which defendant was appointed as the court ordered reunification therapist to assist the family reunification as part of the court's custody determination and, therefore, are statements made in connection with issues under consideration if the court which are protected activities under Code of Civil Procedure, § 425.16(e)(2); alleged reports are also pro...

Excerpt: ...ary judgment on the following grounds: plaintiff owed no duty to supervise or prevent her son who occupied one of the units from smoking inside or outside his own residence; there is no evidence to support plaintiff's theory that the subject fire started when defendant Vaughn Cook discarded a lit cigarette onto a couch underneath plaintiff's balcony; and plaintiff can not establish that defendants Veronica Cook, the landlord, and her property man...

Excerpt: ...y references to current COVID‐19 protection statutes; the court is prohibited by the COVID‐19 Tenant Relief Act of 2020 from finding a tenant guilty of unlawful detainer before June 30, 2021; plaintiff failed to allege any reason for eviction that meets the requirements of the COVID‐19 Tenant Relief Act of 2020 that allows a court to enter a judgment of unlawful detainer; and terminating a tenancy so that the landlord can move into the hous...

Excerpt: ...upon request of the parties. Plaintiff moves to vacate the conditional dismissal and enter judgment pursuant to the terms of the settlement agreement on the following grounds: while defendant made payments in the amount of $2,600 toward the settlement amount of $9,750, defendant is in default of his obligation to make payments on the remaining settlement balance; on October 15, 2020 plaintiff's counsel emailed defense counsel notice of the defaul...

Excerpt: ...tion of Adam Dolce in Support of Motion, Exhibit. B, p. 6.) After back‐and‐forth emails, counsel were not able to resolve the dispute. (Plaintiff's Exhibit B, pp. 1–7.) Thereafter, plaintiff unilaterally noticed Dr. Norman's deposition for February 3, 2021. (Plaintiff's Exhibit A.) On January 25, 2021, Dr. Norman served his objection to the deposition notice asserting that discovery was closed, the deposition was unilaterally noticed, and t...

Excerpt: ... from a written agreement to furnish labor and materials for improvements to certain real property. On March 4, 2020 defendants Ghalambor and Ehsani as trustees of the Masoud Ghalambor and Ladan Ehsani Living Trust filed a cross‐complaint against defendant/crossdefendant Brown for breach of contract, recovery of money paid to unlicensed contractor, international misrepresentation, negligent misrepresentation, concealment of facts, unfair busine...

Excerpt: ...ot Hill Grange's Charter, ejectment as plaintiff is entitled to possess the property and defendant remains wrongfully in possession of the property preventing the plaintiff California State Grange from enjoying peaceful possession of the property since June 18, 2016, 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...

Excerpt: ...ider the opposition. If, however, plaintiff believes she had inadequate time to prepare her reply brief, the court would entertain a motion for continuance from plaintiff. Plaintiff's Objection Numbers 1–4 to defendant's exhibits are overruled. 2. Discussion The accepted 998 Offer provides in relevant part: “Defendant agrees to pay reasonable attorney's fees and costs incurred by Plaintiff in this action as determined by the Court for Defenda...

Excerpt: ...ndants' demurrer to the complaint. Request for Judicial Notice Defendants' request for judicial notice (“RJN”) of Exhibits 1 and 2 is granted. (Evid. Code §§ 452(d)(1), (h) and 453.) Allegations of the Complaint Plaintiffs are named beneficiaries of the Trust, along with their brother Thomas Hubbard.2 (Compl., ¶ 1.) Plaintiffs have pending petitions against Thomas in the probate court (EDC Superior Court Case No. PP‐20190244) arising fro...

Excerpt: ... court sustained defendants Wells Fargo Bank and Fay Servicing, LLC's respective demurrers to the initial complaint with leave to amend, with the exception that defendant Fay Servicing, LLC's demurrer to the 11th cause of action for violation of the Homeowners Bill of Rights (HBOR) statutes was sustained without leave to amend on the ground that it was preempted by the Federal Home Owners Loan Act (HOLA) as the subject loan was originated by Worl...

Excerpt: ... contract that the landlord shall not be liable to the plaintiff tenant for injury or death as a result of the tenant's use of the property or premises, even if such injury is caused by active or passive negligence or omissions or negligence of the landlord, landlord's agents or employees, manager, or manger's employees. The tentative ruling on the motion for summary judgment was to grant the motion and enter judgment in favor of defendant Smart ...

Excerpt: ...irst consider and rule on the motion for change in venue and if it is determined that the case properly remains in the El Dorado County Superior Court, the court will consider and rule on the motion to set aside defaults. Plaintiffs move to change venue to another County. Plaintiffs argue that the change of venue is necessary under Code of Civil Procedure, 397(b) as there is reason to believe plaintiffs can not have a fair and impartial trial in ...

Excerpt: ...ered by the amendment, because plaintiff Phan does not have standing to assert the PAGA cause of action, while the proposed PAGA representative does have standing; adding the PAGA cause of action and representative will allow for superior representation of defendant's employees and further PAGA purposes in prosecuting and deterring Labor Code violations; public policy weighs in favor of granting the motion; the proposed 1st amended complaint does...

Excerpt: ...y binding arbitration. Cross‐Defendant Aerotek argues in support of the petition: cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power and cross‐defendant Aerotek entered into a services agreement on October 16, 2016 wherein cross‐defendant Aerotek was to provide to cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power one or more contract employees as requested by cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power fro...

Excerpt: ...” (Cal. Rules of Court, Rule 3.1345(a)(5).) And second, because plaintiffs retained new counsel, plaintiffs' prior counsel—who had a deadline of February 17, 2021, to file the instant motion—declares that he did not have the authority to “engage in substantive meet and confer efforts” with defendants' counsel concerning the scope of the subpoena before having to file the motion by the deadline. (See Mot., Decl. of Ryan Hanlon, ¶ 5.) Ac...

Excerpt: ...rator decided on August 31, 2020 that the matter was properly venued in arbitration, and plaintiff refuses to dismiss the civil case. Attached to the motion as Exhibit A is a copy of the agreement, which includes an arbitration provision that states: in consideration of plaintiff's employment with defendant Pacific Union Financial, LLC, plaintiff agreed that any and all disputes that involve or relate to her employment, or termination of employme...

Excerpt: ... 1st amended complaint against defendant asserting a negligence cause of action for injuries allegedly sustained on defendant's business premises when plaintiff allegedly fell from the top of a table as she got off a chair on top of the table after the plaintiff's employees adjusted a pair of ski boots she was interested in purchasing. Defendant moves to compel further responses to requests for production, request numbers 1, 2, 13, and 25; and pr...

Excerpt: ... and suffered traumatic brain injury, which requires continued medical treatment; he has a substantial interest in the action; granting preferential setting of the trial date is necessary to prevent prejudicing his interest in the litigation; and defendants will not be prejudiced by the preferential trial setting as plaintiff has produced all his available medical records and he is available for deposition and a defense medical exam on shortened ...

Excerpt: ...referee's reports recommended that defendants prevail on seven of the eight referred motions, that plaintiff Setter Construction be sanctioned in the amount of $3,850.00 for abuse of the discovery process, and that the referee's fees be evenly split between the parties. Defendants did not file objections to any of the referee's reports. On December 18 and December 31, 2020, the court issued orders adopting in full the discovery referee's findings...

Excerpt: ...ated to injuries plaintiff allegedly sustained in a motor vehicle accident that occurred on Highway 49. Defendant California Dept. of Parks and Recreation demurs to the two causes of action on the following grounds: the 2nd amended complaint fails to allege sufficient facts to constitute a cause of action for vicarious liability under Government Code, § 815.2; the 2nd amended complaint fails to allege sufficient facts to state a cause of action ...

Excerpt: ...ons of conversion are conclusionary and he is only mentioned by name in paragraph 37; and cross‐defendant Matthew Schneider was totally uninvolved with the contract between the cross‐ complainant and cross‐defendant Tiana Schneider. Cross‐Complainant opposes the demurrer on the following grounds: cross‐defendant failed to attempt to meet and confer prior to the filing of the demurrer; the conversion cause of action against cross‐defen...

Excerpt: ... defendant named in the action was defendant Blain Stumpf who was allegedly liable as the alter ego of defendant BST Services Inc., d.b.a. Blain Stumpf Trucking. Case numbers PC‐201090427 and PC‐ 20200464 were consolidated with PC202190427 designated the lead case. Defendant Stumpf demurs to the negligence cause of action on the following grounds: owners of small business corporations are not personal guarantors of every tort of those corpora...

Excerpt: ...n of Civil Code, § 5100 cause of action on the following grounds: the violation of Civil Code, § 5100 cause of action fails to allege sufficient facts to state a cause of action and is fatally uncertain; the plaintiffs failed to cure the defect identified in the ruling on the demurrer to that cause of action in the 1st amended complaint of failure to allege the damages sustained by the defendants as individual members; and the individual plaint...

Excerpt: ...RD OF REVIEW A defendant moving for summary judgment bears the burden of persuasion that one or more elements of the cause of action at issue cannot be established, or that there is a complete defense to the cause of action. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party bears the initial burden of making a prima facie showing of the nonexistence of a triable issue of material fact, and only if the moving party carri...

Excerpt: ...agreed to arbitrate all disputes that may arise out of the employment context. Defendants argue: the agreement executed by plaintiff provides for binding arbitration of any claim, dispute, and/or controversy that either party may have against one another, including any FEHA discrimination or harassment claims, which would otherwise require or allow resort to any court or other governmental dispute resolution forum between the employee and the Com...

Excerpt: ... 2013: defendants David Sisson and Stacy Sisson were served the summons, complaint, ADR package, civil case cover sheet, notice to litigants, and blank case management statement by substituted service at their home located at a specific address in Shingle Springs, CA by serving John Doe occupant at that address at 9:40 a.m. on July 8, 2013 after two prior attempts to serve them at that address with an occupant claiming on May 26, 2013 that the de...

Excerpt: ...on to the South Lake Tahoe Session of the El Dorado County Superior Court on the ground that defendant resides in South Lake Tahoe and the incident allegedly occurred in South Lake Tahoe. Defendant Rodeway Inn Casino Center's counsel declares: to require trial of the matter in Cameron Park would add substantially to the cost of trial and greatly inconvenience all the parties and witnesses; during the course of trial, counsel will request the cour...

Excerpt: ...y the arbitration award.” (Code of Civil Procedure, § 1285.) “A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner.” (Code of Civil Procedure, § 1288.) “A...

Excerpt: ...ned 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. The Phase Two trial date on the remainder of the case will be re‐set at an upcoming trial setting conference. Defendant Hamid moves for the court to issue an order declaring a mistrial of ...

Excerpt: ... claims. Before the court is defendant's demurrer and motion to strike the complaint in the instant action. A. DEMURRER TO COMPLAINT 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(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 ...

Excerpt: ... Country Homeowners' Association, Randall Benton, Charlene Ott, and Robert Vannucci in case number PC‐20170366 asserting that they breached their warranty of authority to enter into the MOU that resulted in the Bowmans' entitlement to use of the subject road. After the conclusion of a five day court trial the court issued its ruling after trial on January 1, 2019. The Judgment was entered on April 12, 2019 in favor of the Bowmans on the complai...

Excerpt: ...or booby‐ trapping the rental premises. The TRO expires on February 19, 2021. On that same date the court issued an OSC directed at defendant to show cause why the court should not issue an order restraining and enjoining defendant during the pendency of this action from blocking, obstructing, or booby‐trapping the subject residence; and removing all boxes barricading the rental premises and a trip wire across the path leading to the rental p...

Excerpt: ...a Clara County Superior Court on the following grounds: the subject accident allegedly occurred in Santa Clara County; no treating health care providers reside in El Dorado County; two witnesses identified by plaintiff reside in Santa Clara County; an additional witness resides in Alameda County, which is adjacent to Santa Clara County; despite having alleged in the complaint that plaintiff resides in El Dorado County, plaintiff testified in his ...

Excerpt: ...on submitted in support of the motion as Exhibit A is an unexecuted copy of the alleged agreement, which includes an arbitration provision that states: “You and Serrano Country Club agree to resolve any and all claims arising out of or related to your employment application, or candidacy for employment, or if hired, any claim related to your employment or employment termination exclusively through final and binding arbitration before a neutral ...