Excerpt: ...suance of a prejudgment writ of possession. Plaintiff's Director of Resolution and Recovery declares the following in support of the application: on February 22, 2018 plaintiff and defendant entered into a written rental purchase agreement wherein defendant received possession of a portable storage building, plaintiff retained ownership of the building until paid in full, and after full payment defendant would acquire ownership; pursuant to the t...

Excerpt: ...C. Plaintiff filed a complaint asserting a breach of promissory note cause of action against defendant Thirty Three Thirty Three, LLC and a breach of guarantee cause of action against defendants Thomas and Fishman. On November 13, 2021 the court issued temporary protective orders against defendants that secured the amount of $40,000, which expired by its terms 40 days later. (See Temporary Protective Orders, paragraphs 3.d.(3).) Plaintiff seeks i...

Excerpt: ...dant GoldLine Brands, Inc. (6) Application for Right to Attach Order and for Writ of Attachment Re: Defendant Roundhay Regional Center, LLC. (7) Defendant Osur's Claim of Exemption. (8) Defendant Haley's Claim of Exemption. Applications for Right to Attach Orders and for Writs of Attachment Re: Defendant Haley, Defendant Osur, and Defendant Roundhay Properties, LP Plaintiff filed a 1 st amended complaint against numerous defendants asserting the ...

Excerpt: ...Tahoe (“City”), and Jason Bunn. In 2019, Bunn and plaintiff reached a settlement agreement and Bunn was dismissed from this action. Pending are separate motions for summary judgment filed by the remaining defendants, the City and Tahoe. 1. STANDARD 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 ...

Excerpt: ...ities Code, § 2106; breach of implied warranty of fitness for a particular purpose; and loss of consortium. Defendant Liberty Utilities demurs to all causes of action on the following grounds: plaintiffs can not establish a negligence cause of action, because there is no evidence to support a finding that defendant Liberty Utilities breached any duty owed to them as defendant exercised the degree of ordinary care that can be reasonably be expect...

Excerpt: ...g are plaintiffs' motions to compel defendant's further responses to the second set of discovery requests. A. Revised Tentative Ruling Re: Motions Heard 1/22/21 This matter was continued from December 11, 2020, because defendant's attorney failed to respond to plaintiffs' attorney's multiple attempts to meet and confer prior to the hearing. The court ordered the attorneys to meet and confer over the disputed discovery responses and continued the ...

Excerpt: .... The court further directed plaintiffs' attorney to file an updated meet and confer declaration prior to this hearing. On January 15, 2021, plaintiffs' attorney filed an updated declaration which indicates that defendant's attorney did not bother responding to additional attempts to meet and confer over the disputed discovery. Having read and considered plaintiffs' moving papers, defendant's opposition, and plaintiffs' reply, the court rules as ...

Excerpt: ...South Lake Tahoe for the sum of $80,000 with the escrow to close on or before September 30, 2017. Defendant moves for entry of judgment on the pleadings without leave to amend on the following grounds: the court can not order specific performance of the terms of the agreement, because the agreement expressly required that the escrow on the transfer of the real property interest was to close by September 30, 2017 and it is now impossible for any s...

Excerpt: ...f emotional distress, negligent interference with prospective economic advantage and tort of another causes of action of the cross‐complaint of cross‐complainant Legacy Family Adventures with ten days leave to amend and dropped the motion to strike that pleading as moot. The 1st amended cross‐ complaint was filed on October 19, 2020. The proof of service of notice of entry of the order declares that the order was served by email on the inte...

Excerpt: ...dant GoldLine Brands, Inc. (6) Application for Right to Attach Order and for Writ of Attachment Re: Defendant Roundhay Regional Center, LLC. TENTATIVE RULING # 3: THESE MATTERS ARE CONTINUED TO 8:30 A.M. ON FRIDAY, FEBRUARY 5, 2021 IN DEPARTMENT NINE. Law and Motion Calendar – Department Nine (8:30 a.m.) January 22, 2021 4 4. VU v. FEITSER PC‐20180223 Plaintiffs' Motion to Compel Responses to Requests for Production and Special Interrogatorie...

Excerpt: ...an ex parte basis and set the matter for hearing on January 22, 2021. Plaintiff's application is made pursuant to Civil Code § 2938, et seq., and Code of Civil Procedure (“CCP”) § 564, et seq. 1. BACKGROUND On November 2, 2018, defendant entered into a Loan Agreement (“Loan”) with Ladder Capital Finance, LLC. (Pl. App., Ex. A.) The original principal amount of the loan was $14,100,000.00. (Id., Ex. A, § 2.1.2.) The Loan is further evid...

Excerpt: ...s on the following grounds: defendant GoldLine Brands, Inc. can not maintain demurrers to the fraud and deceit, negligent misrepresentation, and conversion causes of action, because it is a suspended corporation that may not defend itself against this action; and the 1st amended complaint sufficiently alleges a breach of contract cause of action against defendant Raas, because he was not an agent or vice‐ president of defendant Roundhay Partner...

Excerpt: ...king the lease agreement illegal; defendants' continued tenancy is protected by Civil Code, § 1511 as defendant has been ordered to shelter in place due to COVID‐19 and his ability to pay rent has been impaired; the three day notices were improperly served in that they were not served by mail; and plaintiff failed to follow the requirements of the COVID‐19 Tenant Relief Act of 2020 as the plaintiff incorrectly stated on the mandated Judicial...

Excerpt: ...unds: plaintiff failed to allege facts of intent to cause injury; the despicable conduct allegations are pled in a conclusory fashion; driving while old and in deteriorating health is not despicable conduct; the only behavior alleged in the complaint is alleged negligence conduct while defendant was old; the alleged facts do not support the kind of vile and contemptible conduct by defendant that is required to claim punitive damages for the motor...

Excerpt: ...tive damages Defendants Michael Shinall and Patricia Shinall (Defendants Shinall) in a single motion demur to the 1st cause of action for negligence and 6th cause of action for intentional infliction of emotional distress and move to strike the punitive damages allegations. The court will address the arguments related to the motion to strike in the motion to strike portion of this ruling. Defendants Shinall demur to the 1st cause of action for ne...

Excerpt: ...), alleging that the City failed to proceed in a manner required by law. (See Code of Civ. Proc. § 1094.5; Gov't Code § 65000, et seq.) Petitioners seek a writ of mandamus invalidating the City's approval of the Project, and directing the City to vacate and set aside approval of Conditional Use Permit (“CUP”) 19‐01 and Site Plan Review (“SPR”) 19‐01. Petitioner's Opening Brief was filed September 29, 2020; Respondent's and Real Part...

Excerpt: ...nt was received on March 28, 2019. Defendant answered the complaint by Judicial Council Form (Form PLD‐C‐010.) The form answer admits all of the allegations of the complaint, except paragraph 10.a, which defendant asserts is false. Paragraph 10.a. prays for damages in the amount of $8,269.80. Defendant did not assert any affirmative defenses to the action. Plaintiff moves for entry of judgment on the pleadings on the grounds that the complain...

Excerpt: ...tion because plaintiff failed to notify the defendant in the 30 day notice of termination of tenancy the ground for termination in order to comply with the COVID‐19 Tenant Relief Act of 2020 as set forth in Code of Civil Procedure, § 1179.03.5(a)(3). Plaintiff opposes the demurrer on the following grounds: the mandate to provide a reason or cause for termination is set forth in Civil Code, §§ 1946.2, et seq. only applies to notices of termin...

Excerpt: ...o sustain the demurrer without leave to amend. Plaintiffs oppose the demurrer on the ground that the COVID‐19 Tenant Relief Act of 2020 does not apply to commercial real estate. General 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 Procedur...

Excerpt: ...fails to specify the exemption from increases and just cause eviction control and the purported just cause reason for eviction; the 60 day notice is, uncertain, vague, and ambiguous, because plaintiff alleges it was served on February 26, 2020 and it expired on February 26, 2020; and since plaintiff requested an award of attorney fees and costs in the prayer of the complaint, defendant is entitled to an award of attorney fees and costs in bringin...

Excerpt: ...fendant has refused to leave the subject accessory dwelling; and plaintiff has plans to move her 97 year‐old mother into the accessary dwelling, which leaves her mother living alone in Redding and plaintiff needs her closer to care for her. Defendant demurs to the complaint on the following grounds: the complaint fails to allege any one of the statutory reasons allowing for eviction under the COVID‐19 Tenant Relief Act of 2020; the plaintiff ...

Excerpt: ...otel, plaintiff sustained numerous bedbug bites which caused, and continues to cause, physical and emotional injury. Plaintiff complained about the bedbugs to defendants' managers and agents, but they failed to abate the infestation. Plaintiff's complaint asserts causes of action for (1) breach of implied warranty of habitability, (2) battery, (3) negligence—premises liability/failure to warn, (4) nuisance, (5) intentional infliction of emotion...

Excerpt: ...te property location for the financial benefit of Chavez, which he contends constituted slave labor and violated his civil rights. At a court hearing on July 24, 2020, the court sustained the County's demurrer to plaintiff's 1st cause of action (“C/A”) for general negligence and 2nd C/A for intentional tort with leave to amend. Plaintiff's First Amended Complaint (“FAC”), filed September 8, 2020, alleges causes of action for (1) general n...

Excerpt: ... on the ground that the causes of action are barred by the plaintiff's express assumption of the risk by agreeing in the rental 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. ...

Excerpt: ...e served on plaintiff on June 22, 2020; defense counsel claimed that the defendant estate had no personal knowledge regarding the underlying facts; and despite a request for responses and production, deceased defendant David Rottman's estate failed to provide verifications for the responses. Plaintiff moves to compel answers to interrogatories and production of documents without objections; and to deem admitted the requests for admission. Plainti...

Excerpt: ... and Kim Fazio filed a 3rd amended complaint against defendant Federal Home Loan Mortgage Corp. and others asserting causes of action for cancellation of documents, fraud and slander of title related to the foreclosure sale of plaintiff's real property in 2014. Defendants JP Morgan Chase Bank's and Federal Home Loan Mortgage Corp.'s Counsel declares: on April 15, 2020 plaintiff Kim Fazio responded to form interrogatories and requests for admissio...

Excerpt: ...a person in exchange for a controlled substance, the proceeds was traceable to such an exchange, and the money was used or intended to be used to facilitate a violation of various provisions of the Penal Code and Health and Safety Code. The People pray for judgment declaring that the money is forfeited to the State of California. On November 23, 2020 respondent Esquivel filed a verified claim opposing the People's request for forfeiture. “The f...

Excerpt: ... judgment. Trial is set to commence in Singh v. Hamid on January 14, 2021. On June 26, 2020 plaintiff Hamid filed an action for involuntary dissolution of Fuel 4 Less, Inc. The 1st amended complaint for involuntary dissolution was filed on September 3, 2020. A case management conference is set for December 14, 2020. There is no trial date set. Citing Code of Civil Procedure, § 404.05 [sic] and Rules of Court, Rule 3.515, defendants move to eithe...

Excerpt: ...e for comparable legal services in the community; it may be adjusted by the court based on factors including, as relevant herein, (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award�.� Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 154....

Excerpt: ... court's file declares that on October 16, 2020 notice of the hearing and copies of the moving papers were served by mail on counsels for the remaining interested parties. There is no opposition to the motion in the court's file. Plaintiff's counsel declares in support of the motion that all parties have stipulated to the motion for leave to amend and no party has objected to any of the proposed changes. An authenticated copy of the executed writ...

Excerpt: ...der adopting the tentative ruling as the final ruling of the court. On September 14, 2020, Judge Dylan Sullivan issued an ex parte minute order recusing herself pursuant to Code of Civil Procedure § 170.1(a)(6)(A)(i), (iii). Subsequently, defendants filed two motions related to Judge Sullivan's recusal: (1) motion for reconsideration regarding the court's September 11, 2020, ruling, filed by defendant Serrano El Dorado Owner's Association (“SO...

Excerpt: ... asserting causes of action related to the exact same three car collision that is the subject of the El Dorado County Superior Court case. Defendants move for coordination of the two cases. The proof of service declares that all individual defendants in each of the cases and plaintiffs in each case were served notice of the hearing and a copy of the moving papers by mail on August 30, 2020. Plaintiff Ruiz concedes that she has not served the summ...

Excerpt: ..., 2020. Plaintiffs subsequently made a second request to waive court fees, which was denied on August 21, 2020. Plaintiffs then made a third request to waive court fees, which was denied on October 6, 2020. Pending is defendant SatinLegal's motion to dismiss plaintiffs' action due to their failure to pay court fees. Plaintiffs did not file an opposition. Government Code § 68634 provides, in part, that “[i]f an application [for fee waiver] is d...

Excerpt: ...been done. The moving defendant landlords move for summary judgment or summary adjudication on the grounds that summary judgment is mandatory, because plaintiffs have admitted that defendants lacked actual or constructive notice of a dangerous condition at the subject premises, plaintiff Todd Sperry did not sustain an actionable injury as his claim for negligence fails due to the responses to the requests for admission, and the loss of consortium...

Excerpt: ... 3.1010.) But, we are in the middle of a global pandemic. In response to that, the Judicial Council enacted Emergency Rule 11 of Appendix I of the California Rules of Court, which rule was subsequently codified at Code of Civil Procedure § 2025.310. Section 2025.310 provides in part: “At the election of the deponent or the deposing party, the deposition officer may attend the deposition at a different location than the deponent via remote mean...

Excerpt: ...Donna Krilich, an individual: (1) failure to pay all wages earned (Lab. Code §§ 510, 1194); (2) failure to pay all wages earned (29 U.S.C. §§ 207, 216(b), 255(a)); (3) pay stub violations (Lab. Code §§ 226, 226.6, 1174); (4) failure to provide compliant meal and rest breaks (Lab. Code §§ 226.7, 512); (5) failure to pay overtime (Lab. Code §§ 510, 1194, 1198); (6) failure to pay minimum wage (Lab. Code § 1194); (7) failure to produce em...

Excerpt: ...idual and official capacity, for (1) violation of the California Constitution, Article I, § 13; (2) violation of the California Constitution, Article I, § 7(a); (3) violation of 42 U.S.C. § 1983— unreasonable search and seizure; (4) violation of 42 U.S.C. § 1983—due process; (5) conversion; (6) 42 U.S.C. § 1983—Monell liability; and (7) equitable relief under Minsky and Holt.1 Pending is defendants' demurrer to the complaint. 1. Standa...

Excerpt: ... reports and statements, as well as recovery for unfair business practices that injured the membership of the club by allegedly suppressing non‐confidential financial information and defendants receiving ill‐ gotten gains that rightfully belong to the club membership. Defendants demur to the 2nd, 4th 5 th, 6th , and 7 th causes of action for declaratory relief, breach of contract, negligent breach of contract, negligent breach of fiduciary du...

Excerpt: ... August 26, 2020 plaintiff filed a motion for leave to file a 1st amended complaint. Plaintiff moves for leave to amend the complaint to add a cause of action for elder abuse against defendant. A proposed 1st amended complaint has been submitted. The proof of service in the court's file declares that on August 26, 2020 notice of the hearing and copies of the moving papers were served by email to defense counsel. Defendant Mendonsa filed her oppos...

Excerpt: ...); breach of fiduciary duty; and violation of Civil Code, §§ 2923.7 and 2924.11. Defendant Kay Servicing, LLC demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on the following grounds: plaintiff adequately alleged a contract was assigned to defendant Fay Servicing, LLC and that Fay Servicing, LLC breached the implied covenant of good faith and fair dealing arising from that contract; plaintiffs have adequately ...

Excerpt: ...the settlement is in good faith. The proof of service filed with the court declares that the parties were electronically served notice of the hearing and copies of the moving papers on October 6, 2020 by LEXIS/NEXIS File & Serve. The motion is not opposed. Any party to an action in which it is alleged that two or more parties are joint tortfeasors is entitled to a court hearing on the issue of the good faith of a settlement between the plaintiff ...

Excerpt: ...od cause as held in Shapira v. Superior Court (1990) 224 Cal.App.3d 1249; mental examinations do not need to be completed within a specified time limit, such as the single eight hour period plaintiff demanded, which is arbitrary, fails to take into account the legitimate and significant purpose of the IME given the serious and ongoing nature of plaintiff's alleged psychological injuries and plaintiff has not provided a reason to shorten the time ...

Excerpt: ...ontractor and property owners during remodel construction at defendants Sewells' property. Defendants Sewell move for summary judgment or summary adjudication of the negligence and negligent hiring, training, supervision, and/or retention causes of action pled against them on the following grounds: the Privette Doctrine bars this action against defendants Sewell, because defendants Sewell didn't exercise control over the safety conditions of the ...

Excerpt: ...e court's denial of the motion to stay foreclosure. The court in denying reconsideration found that not only was there no emergency justifying ex parte relief, there is no new evidence presented. On September 10, 2020 plaintiffs filed a motion to reconsider the court's August 19 2020 denial of the motion for TRO. Plaintiffs request that the court order that the nonjudicial foreclosure sale on August 18 2020 was void; that plaintiffs be allowed to...

Excerpt: ...cil Form (Form PLD‐C‐010.) The plaintiff checked the portion of the form answer wherein plaintiff admitted all statements of the complaint, except: ”Defendant claims the following statements are false (use paragraph numbers or explain): that all demands and request be discharged and request to dismiss the case. I Dont [sic] Agree with all paragraphs and all exhibits need to dismiss this case.” (Emphasis in original.) Plaintiff moves for e...

Excerpt: ...nt is in default of defendant's obligation to make monthly payments in that defendant failed to make the payment due and owing on December 26, 2019; and according to the terms of the agreement, plaintiff is entitled to entry of judgment in the amount of $2,872.74, which represents the principal amount of $3,015.74 plus court costs of $357, less credits in the amount of $500 for previous payments. The proofs of service declare that on September 16...

Excerpt: ...e requests for admission set one propounded upon plaintiffs by defendants Shirey, Brueck, and Shirey‐ Brueck, a general partnership. After objecting to the requests as premature as the plaintiffs have not had an adequate opportunity to conduct investigation and discovery and that it calls for premature disclosure of expert opinions, plaintiffs admitted the following subject to those objections: plaintiffs have no facts to establish that the lan...

Excerpt: ...complaint will run from that date. Preliminary Observations These motions represent a considerable failure by the attorneys to meet and confer properly. While some of the topics in today's rulings are genuinely contested, a number of the points covered are expressly or implicitly uncontroversial, and should have been handled simply by amendment or stipulation without bringing them before the Court. These include (1) plaintiffs' motion for leave t...

Excerpt: ... course of action and it was not feasible to focus on preserving the oak woodland within the Highway 50 corridor. In the 137 page tentative ruling incorporated as Exhibit 1 of the judgment and order the court specifically rejected all grounds raised by the petitioner in its challenge to the EIR, except as to the portion of the FEIR/EIR related to the determination of where to focus mitigation of loss of oak woodlands – whether to focus on Highw...

Excerpt: ...in Tahoma, California, in July 2017. Plaintiff's First Amended Complaint (“FAC”) asserts causes of action (“C/A”) for (1) breach of contract, (2) breach of fiduciary duty, (3) breach of implied covenant of good faith and fair dealing, (4) intentional misrepresentation, (5) fraud, (6) negligence, (7) negligence of notary public and sureties, (8) conspiracy, (9) personal injury, and (10) vicarious liability against Old Republic Title Holdin...