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...