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