Excerpt: ...ck by a boat while a paying visitor on property owned, leased, rented, managed, operated, possessed, and/or controlled by Defendants.” (Compl., pp. 4, 5.) As a result of the incident, she alleges she suffered severe injuries to her leg requiring medical intervention and resulting in permanent disfigurement, discoloration, and scarring. Pending is defendants' motion to compel plaintiff to respond to Request for Production of Documents (Set Three...

Excerpt: ...tion to the motion. Code of Civil Procedure § 598 provides that “[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, … make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case .…” (Ibid.) Further, Code of Civil Procedure § 1048 provides that “[t]he ...

Excerpt: ...ned by the trial court.” (Getz v. Superior Court (2021) 287 Cal.Rptr.3d 722, 740.) Pending is petitioner's motion for attorney fees and costs. (See Gov. Code § 6259(d).) 1. Preliminary Matters Petitioner's request for judicial notice of Exhibits 1, 3, and 4 is granted. (Evid. Code § 452(d)(1), (h).) Petitioner's objection numbers 1–6 to the Declaration of Lynn Garcia, counsel for respondent, are overruled. 2. Attorney Fees Under the CPRA, �...

Excerpt: ...is bound by a written agreement to arbitrate. 1. LEGAL PRINCIPLES The California Arbitration Act (“CAA”), Code of Civil Procedure §§ 1280, et seq., sets forth “a comprehensive scheme regulating private arbitration in this state.” (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9.) California has a “ 'strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution.' [Citations.]” (Ibid....

Excerpt: ...class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court intends to certify the class for the purpose of final approval of the settlement. 2. SETTLEMENT 2.1 Legal Principles “When, as here, a class settlement is negotiated prior to formal clas...

Excerpt: ...ing is the City's demurrer to the FAC. 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 demurrer tests only the legal sufficiency of the pleading.” (Comm'n on Children's Television...

Excerpt: ...ivil Procedure § 437c(h). That subsection provides: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application t...

Excerpt: ...thew Cossoul, and Matthew Cossoul, individually, commenced this action in October 2018. In 2019, Matthew and Nolann dismissed their claims to the complaint, with prejudice. As such, the only remaining cause of action is plaintiff's 1st C/A for negligence/premises liability/failure to warn. Pending is defendant Kirkwood Community Association's (“KCA”) Motion for Summary Judgment or Adjudication, made on the following grounds: (1) primary assum...

Excerpt: ...ell the Property by private sale. Pending is the Referee's report of sale and motion to confirm sale. The motion is opposed by defendant. 1. Laws Re: Partition and Sale of Real Property Notice of the sale must be given in accordance with Code of Civil Procedure (“CCP”) §§ 873.640 and 873.650, “which shall include a description of the property, the time and place of sale, and a statement of the principal terms of sale. In place of the prin...

Excerpt: ...ng the litigation would be promoted thereby, … make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case .…” (Ibid.) Further, Code of Civil Procedure § 1048 provides that “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, ...

Excerpt: ...Vail”) at Vail's resort locations or mountain facilities in the United States, moves for an order provisionally certifying the settlement class1 and preliminarily approving the class Settlement Agreement resolving their claims under the federal Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., and the laws of 16 states. A. SUMMARY OF CLAIMS For purposes of settlement, the parties have agreed to consolidate all claims to be resol...

Excerpt: ...rn, (2) dangerous condition of property (Gov. Code § 835), (3) negligence (Gov. Code § 815.2), and (4) negligent infliction of emotional distress/bystander liability. On June 12, 2019, Matthew and Nolann dismissed their claims to the complaint, with prejudice. As such, the only remaining cause of action is Tanguy's 1st C/A for negligence/premises liability/failure to warn. Pending are motions for summary judgment from the following defendants: ...

Excerpt: ...th leave to amend, Raley's demurrer and granted the motion to strike punitive damages from the Complaint, with leave to amend. Plaintiffs' First Amended Complaint (“FAC”), filed May 3, 2021, asserts causes of action for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) retaliation, and (4) breach of the covenant of good faith and fair dealing. Pending is Raley's demurrer to the FAC and motion to strike puniti...

Excerpt: ...l Memorandum. The court notes there is very little change between the draft Memorandum that defendant sent to plaintiff and the final Memorandum. Although procedurally irregular, the premature filing does not appear to have affected the arguments made by plaintiff in support of her motion or defendant's arguments in opposition. As such, the court will proceed with consideration of the motion. “Except as otherwise expressly provided by statute, ...

Excerpt: ...on”). Pending is the Colorado Plaintiffs' motion to intervene pursuant to Code of Civil Procedure § 387 “to protect their interests, and those of the nationwide class and collective of current and former Vail employees they seek to represent in the Colorado Action.” (Mot. at 1:6–8.) The Colorado Plaintiffs request permission to file their Intervenors' Motion to Dismiss this action, without prejudice, pursuant to the “first filed” rul...

Excerpt: ...s against the moving defendants. 2. Defendants owed no duty to plaintiffs because any danger posed by the steps from which plaintiff Terri Haley fell was open and obvious. 3. Defendants owed no duty to plaintiffs because defendants had no notice of any falls or injuries caused by the landscaped stone pool steps. A. BACKGROUND This case arises from a “trip and fall” incident on October 13, 2017, at defendants' residence in El Dorado Hills, Cal...

Excerpt: ...A proof of service of summons was filed May 10, 2021, stating that Hall was personally served at a residence on Stockton Avenue in South Lake Tahoe on May 2, 2021. As defendant Hall challenges service, plaintiff bears the burden of showing that service was proper. (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.) The registered process server swore under penalty of perjury that she personally served Hall at 11:40 a.m. on May 2 at his residence in...

Excerpt: ... of justice, and on any terms as may be proper, allow a party to amend any pleading .…” (Code of Civ. Proc. § 473.) 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 a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization d...

Excerpt: ...d an order dismissing plaintiff's complaint on November 8, 2019. Judgment was entered in favor of defendant Tahoe Keys Property Owners Association on July 23, 2021. Pending is defendant's motion for attorney fees in the amount of $265,860 and costs in the amount of $1,155. Defendant also requests that the court add to the Judgment, nunc pro tunc, the principal sums of monetary sanctions still unpaid by plaintiff, with interest thereon from the da...

Excerpt: ...g plaintiff's counsel's motion to be relieved as counsel of record. On August 9, 2021, the court issued an ordering granting defendant St. Joseph's motion for summary judgment. Pending is the defendants Sierra Garden Apartments and Pacific Development Group's motion for summary judgment or, alternatively, summary adjudication. Plaintiff did not oppose the motion. STANDARD OF REVIEW The moving party bears the initial burden of making a prima facie...

Excerpt: ... verified responses were due on or about June 29, 2021. (Id., ¶ 3.) That deadline expired without plaintiff having served any responses or having requested an extension of time to respond. (Ibid.) While not required to meet and confer prior to filing the motion (Code of Civ. Proc. § 2033.280), defendant's counsel emailed plaintiff's counsel on July 8, 2021, to inquire about the status of the responses. (1 Burke Decl., ¶ 4 & Ex. B.) Plaintiff's...

Excerpt: ...rts. (Declaration of Justin P. Rodriguez in Support of Motion, Ex. C.) The matter was continued to January 22, 2021. In response to the court's order, plaintiffs' counsel sent additional correspondence to defendant's counsel in an effort to meet and confer. (Id., ¶ 4 & Exs. D, E.) Defendant's counsel did not respond. (Id., ¶ 4.) The matter was next on calendar January 22 and 29, 2021. In an order issued on January 29, 2021, the court granted ne...

Excerpt: ...and is based on the same or similar claims. On February 26, 2021, the court sustained defendant's demurrer to the original complaint, with leave to amend. Plaintiff timely filed a First Amended Complaint. The parties then stipulated to allow plaintiff to file a Second Amended Complaint. On June 18, 2021, the court sustained defendant's demurrer to the Second Amended Complaint, with leave to amend. Plaintiff's Third Amended Complaint (“TAC”), ...

Excerpt: ...swer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. [Citation.] “These well‐defined principles include the following: ‘A demurrer reaches only to the contents of the pleading and such matters as may be considered under the doctrine of judicial notice' [citations]; the allegations of the pleading demurred to must be regarded as true [citations]; a demurrer does...

Excerpt: ...2021, asserts causes of action for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) retaliation, and (4) breach of the covenant of good faith and fair dealing. Pending is Raley's demurrer to the verified complaint and motion to strike punitive damages from the verified complaint. A. DEMURRER TO VERIFIED COMPLAINT 1. Standard of Review A demurrer is directed at the face of the complaint and to matters subject to ...

Excerpt: ...er complaint. A motion to quash service of summons permits a defendant to challenge personal jurisdiction where the summons is improper or the statutory requirements for service of process are not fulfilled. In the context of unlawful detainer, a defendant may properly file a motion to quash to challenge an unlawful detainer five‐day summons accompanied by a complaint that fails to include even the minimal allegations necessary to justify an un...

Excerpt: ...o Code of Civil Procedure § 708.020. (Mot., Declaration of Bruce Grego, ¶ 2 & Ex. 2.) Defendant has not served any verified responses on plaintiff. (Id., ¶ 3.) In opposition, defendant states that she believed the case was automatically stayed pending appeal, and so she did not respond. Plaintiff's motion is well taken. To date, defendant has not served any responses. Additionally, instead of verifying whether or not a stay was in place pendin...

Excerpt: ...G Placerville LLC (“TMG”) was not awarded a cannabis business permit and was not selected as an alternate. On December 15, 2020, TMG filed a Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief against the City, the City Council, and RPI. Pursuant to Code of Civil Procedure §§ 1085 and 1094.5, TMG seeks a writ of mandate directing the City to vacate and set aside the City Council's approval of the issued...

Excerpt: ...that the related action is still pending and involves the same parties and is based on the same or similar claims. On February 26, 2021, the court sustained defendant's demurrer to the complaint, with leave to amend. Plaintiff timely filed a First Amended Complaint on March 1, 2021. The parties then stipulated to allow plaintiff to file a Second Amended Complaint. The Second Amended Complaint (“SAC”) was filed March 12, 2021. Before the court...

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: ... (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: ... 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: ...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: ...” (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: ...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: ...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: ... 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: ...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: ...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: ...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: ...), 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: ...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: ...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: ...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: ..., 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: ... 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: ...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...

Excerpt: ...o quash or modify document request numbers 1–3 served on Broadstone Land, LLC (“Broadstone” or “landlord”), which is the landlord for FWB Palladio. On August 14, 2020, plaintiff served a business record subpoena on Broadstone. (Ibid.) Defendant's landlord is not a party in this action and has no connection to defendant FWB. (Id., ¶ 4.) The subpoena seeks FWB Palladio's application to lease property; any documents Broadstone reviewed in...

Excerpt: ...y's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree, upon motion to the court having jurisdiction over this action.” Civil Code § 1794 provides in part: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's...

Excerpt: ...dure §§ 435– 437. The motion is made on the basis that the complaint is improper and violates the provisions of Civil Code § 47(b) regarding privileged publications or broadcast in a judicial proceeding. A motion to strike is generally used to address defects appearing on the face of a pleading that are not subject to demurrer. (Pierson v. Sharp Mem. Hosp. (1989) 216 Cal.App.3d 340, 342.) Relevant here, a complaint that alleges facts amounti...

Excerpt: ...e, shoulder, and hip. Physical therapy is ongoing for knee, hip, and back. PTSD may require additional/ongoing treatment.” (Decl. of David Streza in Support of Defendants' Motion, Ex. A, p. 2, item no. 6.7.) In addition, plaintiff is asserting a claim for loss of income and earning capacity in the amount of $480,000. (Id., item no. 8.8.) On June 10, 2020, defendants served plaintiff via electronic service with a Second Amended Notice of Taking ...

Excerpt: ... Special Interrogatories (Set One), and (3) Request for Production of Documents (Set One), on each plaintiff by U.S. Mail via their shared attorney. Their responses were due by December 19, 2019. None of the plaintiffs served verified responses on defendant. When no responses were received, defendant's counsel sent a meet and confer letter (dated Dec. 27, 2019) to plaintiffs' counsel. Thereafter, on February 14, 2020, defendant filed separate mot...

Excerpt: ...monetary sanctions in the amount of $8,990.00. In opposition, plaintiff asserts that because he has now provided further responses addressing the alleged defects set forth in defendants' motion and has provided verifications, defendants' motion is now moot. The court disagrees. Even if plaintiff has now served code‐compliant verified responses to defendants' discovery requests, such action does not preclude the court from considering defendants...

Excerpt: ...effect as a general demurrer. (Smiley v. Citibank (1995) 11 Cal.4th 138, 146.) If the moving party is a plaintiff, the motion raises the legal issue of whether “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code of Civ. Proc. § 438, subd. (c)(1)(A).) Here, defendant's answer does not state facts s...

Excerpt: ... 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 emotional distress, (6) negligent infliction of emotional distress, (7) breach of con...

Excerpt: ...y Properties, LLC; and (2) plaintiff Brad Jacobson's motion to submit tardy expert witness information pursuant to CCP § 2034.710. By way of background, plaintiff commenced this action on April 22, 2018. The initial trial date was set for June 22, 2020. On April 13, 2020, plaintiff's counsel served a demand for expert witness disclosure. (Defs. Exhibits in Support of Motion, Ex. A.) Plaintiff's demand indicated the date of the exchange was May 1...

Excerpt: ... like this case, “the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (Code of Civ. Proc. § 395 subd. (a); see also Cholakian & Assocs. v. Super. Ct. (2015) 236 Cal.App.4th 361, 367–368.) As all the defendants reside in Placer County, the proper court for this action is the Placer County Superior Court. Defendants also request sanct...

Excerpt: ...evailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code § 1717, subd. (b).) Where the judgment is a “simple, unqualified win” on the contract claim, a trial court has no discretion to deny an attorney fee award to that prevailing party under Civil Code § 1717. (Hsu v. Abbara (1995) 9 Cal.4th 863, 876.) While the fee awards should be fully compensatory, the trial court's role is...

Excerpt: ...� 1983; (2) violation of the privileges and immunities clause (Cal. Const., art. I, § 7); (3) writ of mandate (Code of Civ. Proc. (“CCP” § 1085); (4) declaratory relief (Gov't Code § 11350(a), CCP § 1060); (5) injunctive relief; (6) conversion; (7) writ of administrative mandamus (CCP § 1094.5); (8) damages (CCP § 1095, 42 U.S.C. § 1983). Pending is the City's demurrer to the AXC and motion to strike portions of the AXC. 1. STANDARD OF...

Excerpt: ...tion, [defendant] offers to pay reasonable costs, expenses and attorney's fees based on actual time expended pursuant to Civil Code § 1794(d) as stipulated by the parties or, if the parties cannot agree, upon motion to the court having jurisdiction over this action. [¶] Except as set forth herein, above, each party shall bear its own attorneys' fees and costs of suit. Plaintiff may accept the above offer by signing the following statement that ...

Excerpt: ... Request for Production of Documents (Set One) on both plaintiffs by certified mail. No responses were received by the deadline. Thereafter, defendants filed a motion to compel plaintiffs' responses to the discovery requests. Plaintiffs did not serve any responses prior to the hearing on the motion, they did not oppose the motion, and they did not appear at the hearing on March 20, 2020. The court granted defendants' motion to compel responses an...

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: ..., 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: ...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: ...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: .... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...akefront Professional Building, LLC, Lainey Richardson, and Bruce Richardson. Now pending is defendants' demurrer to the 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, 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 cond...

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: ...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: ...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: ... on July 2, 2018. (Decl. of Robert Hukaby, ¶ 2 & Ex. A.) Responses were never served. (Id., ¶ 3.) Prior to the Mandatory Settlement Conference, he spoke with plaintiff's counsel and advised them that he never received discovery responses. (Id., ¶ 4.) At the MSC on April 26, 2019, he notified the court he would be filing the instant motion. (Id., ¶ 5.) Plaintiff's counsel stated at the MSC that they discovered their error in failing to respond...

Excerpt: ...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 allegations against Simpson and D'Aintree stem solely from legal services they provided to Michael Cramer with regard to an eviction action against plaintiff. As such, Simpson and D'Aintree were acting as agents of the Cramers, and therefore the release provision of the se...

Excerpt: ...or vehicle against Bunn. In addition, plaintiff also asserts premises liability against defendant City of South Lake Tahoe for the negligent failure to install and maintain a traffic device and dangerous condition of public property, and premises liability against defendant Tahoe Keys Corporation for negligent failure to trim tree branches. Plaintiff asserts damages in the amount of $796,911.56. (Decl. of Megan E. Nevin, ¶ 12 & Ex. 2.) On May 1,...

Excerpt: ...nary 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. (1983) 35 Cal.3d 197, 213 [197 Cal.Rptr. 783].) All properly pleaded allegations of fact in the complaint are accepted as true, but not the contentions, deductions, or conclusions of fac...