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: ...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: ...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: ...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: ...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: .... 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: ...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: ... 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: ...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...