Excerpt: ...(a)(2), requires that the plaintiff set forth in the motion the allegations in the previous pleading that are proposed for deletion, and where (by page, paragraph, and line number) the deleted allegations are located. Subdivision (a)(3) requires that the plaintiff set forth in the motion the allegations that are proposed to be added, and where (by page, paragraph, and line number) the additional allegations are located. Plaintiff also did not sub...

Excerpt: ...cial meeting was to be held. The special meeting took place on August 7, 2019. Pending is plaintiff's motion to file a First Amended Complaint (filed Oct. 31, 2019). The motion is opposed by the Association. LaTour Hotels and Resorts filed a joinder to the Association's opposition. The motion is denied because it does not “relate back” to the original complaint and appears to be more akin to a supplemental complaint. (See Code of Civ. Proc. �...

Excerpt: ...nce; (3) concealment; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) declaratory relief against plaintiff/cross‐defendants Setter Construction Corporation and Patrick Setter. Cross‐ defendants now demur to the Second and Sixth Causes of Action on the basis that these claims fail to state a cause of action, and they also move to strike portions of the ACC. DEMURRER TO AMENDED CROSS‐COMPLAINT 1. Standard of Review...

Excerpt: ... that some, but not all, of the pages of the passport were produced. In response, defendant states that all pages of the passport have now been produced. In reply, plaintiff does not address whether all pages of the passport have been received. Regardless, what is clear is that defendant still has not provided a verified written response to RP No. 24. Unverified responses to discovery demands are tantamount to no responses at all. (Appleton v. Su...

Excerpt: ...terrogatories are not ambiguous. Ambiguity is a valid objection, but only if the question is wholly unintelligible. An interrogatory must be answered if “the nature of the information sought is apparent.” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783 [149 Cal.Rtpr. 499].) Here, the nature of the information sought is apparent and not wholly unintelligible. Plaintiff states in her supplemental response that she is entitled to actual damages...

Excerpt: ...ARD OF REVIEW A demurrer is directed at the face of the pleading 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 [petitioner's] allegations or the accuracy with which he describes the [respondent's] conduct. A demurrer tests only the legal sufficiency of the pleading.” (Comm. on Children's Television, Inc. v. Gen. Foods Corp. (1983) 3...

Excerpt: ...n the action .… [¶] … The motion shall be made on the grounds that the plaintiff resides out of the state … and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.…” (Id., subds. (a), (b).) This matter was continued from November 22 in order for plaintiff to file a corrected declaration and to submit documentary evidence in support of her assertion that the motion s...

Excerpt: ...f a demurrer to test the truth of the [petitioner's] allegations or the accuracy with which he describes the [respondent'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 pleading are accepted as true, but not the contentions, deductions, or conclusions of fact or law. ...

Excerpt: ...f plaintiff's claims, Nationstar is clearly the prevailing party. (See Civ. Code § 1717, subd. (b)(1).) The deed of trust and the note that plaintiff signed in January 2004 when he borrowed $476,000 for a mortgage loan both contain broad attorney fee provisions. Specifically, section 9 of the deed of trust provides that if there is a legal proceeding that might significantly affect the lender's interest in the property and/or rights under the de...

Excerpt: ...n of documents; and (4) request for admissions. (Decl. of Arthur Zorio, Exs. B–E.) Plaintiff failed to provide any responses. (Id., ¶¶ 4–8.) On June 15, 2018, the court granted defendant's motion for an order to deem matters admitted, to compel plaintiff's responses, and ordered the payment of $1,000 in sanctions by July 14, 2018. (Id., Ex. F.) Plaintiff failed to comply with the June 15 order. On August 3, 2018, defendant moved for termina...

Excerpt: ...g Bergstedt Defendants' Good Faith Settlement Tahoe Realty's Motions to Quash Deposition Subpoenas re: DMV & DRE The motions to quash are granted. Tahoe Realty's Motion to Continue Trial, Joined by Nelson Group Good cause appearing, motion to continue trial is granted. The trial date, currently set to commence January 27, 2020, is hereby vacated. The matter is referred to the calendar clerk for setting of a Case Management Conference to select ne...

Excerpt: ...¶ 1.) On June 12, 2019, defendants served unverified responses. (Id., ¶ 2 & Exs. 10– 18.) On June 17, 2019, plaintiff's counsel sent a letter to defendants' counsel regarding deficiencies in the responses and the lack of verification. (Id., ¶ 3 & Ex. 19.) Supplemental responses were served on June 28, 2019, but the responses were verified by defendants' attorney and not the parties. (Id., ¶ 4 & Exs. 20–28.) On July 1, 2019, plaintiff's co...

Excerpt: ...ocess of finalizing settlement agreements with several defendants. She requests that proceedings with these defendants be stayed pending full execution of the agreements. Motion for stay pending full execution of the settlement agreements is granted. Plaintiff's Motion for Hearing re: Subpoenas for Documents Plaintiff's motion pertains to DMV records, Department of Real Estate (“DRE”) records, and the file from Old Republic Title. Plaintiff's...

Excerpt: ...t engages in a specific analysis when reviewing a motion for summary judgment. First, it must define the scope of the motion by looking to the operative pleading. The pleadings serve as the “outer measure of materiality” for a motion for summary judgment in addition to determining the scope of the motion. (Gov't Employees Ins. Co. v. Super. Ct. (2000) 79 Cal.App.4th 95, 98 [93 Cal.Rptr.2d 820]; Laabs v. City of Victorville (2008) 163 Cal.App....

Excerpt: ...on July 11, 2018, by first class mail, postage prepaid, and return receipt requested. Default was entered against Ditech on August 21, 2018. To date, judgment has not been entered against Ditech. On December 7, 2018, Ditech filed its motion to set aside default. Ditech's motion is made pursuant to Code of Civil Procedure § 473, which provides in part: “The court may, upon any terms as may be just, relieve a party … from a judgment, dismissal...

Excerpt: ... not oppose the motion. If opposition papers are not timely filed, the court, in its discretion, may deem it a waiver of any objections and treat it as an admission that the motion is meritorious and may grant the motion. (Local Rules of the El Dorado County Superior Court, Rule 7.10.02(C).) The court will exercise its discretion and deem plaintiff's non‐opposition as an admission the motion is well taken. Defendants' motion to sever the statut...

Excerpt: ...A motion for judgment on the pleadings has the same purpose and effect as a general demurrer. (Smiley v. Citibank (1995) 11 Cal.4th 138, 146 [44 Cal.Rptr.2d 441].) Like a demurrer, 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 le...

Excerpt: ...al. Thus, the court could not yet make a ruling on defendant's demurrer made on the basis of res judicata. Plaintiffs' appeals in the California state courts are now exhausted. Plaintiffs recently requested a continuance of this hearing in order to request review from the United States Supreme Court (“SCOTUS”). Plaintiffs' request for another continuance is denied. Plaintiffs' underlying cases are now final since there is no other level of th...