Excerpt: .... Defendants move to vacate the judgment on the grounds of inadvertence, surprise, and excusable neglect due to improper service of the notification of trial in that plaintiff purportedly removed from defendant's mailbox the notification of trial. The proof of service filed on May 3, 2022, declares that notice of the hearing and a copy of the moving papers were served on plaintiff on April 21, 2022. Plaintiff's counsel admits receiving the notice...

Excerpt: ... tort claim. On July 22, 2019, defendant El Dorado County filed a motion for an award of attorney fees pursuant to Code of Civil Procedure, § 1038. Plaintiff opposed the motion and defendant replied to the opposition. On July 28, 2020, the court issued its ruling on the submitted motion and awarded defendant County $121,837.50 in attorney fees and $11,637.85 in costs pursuant to a memorandum of costs submitted by defendant. On August 27, 2020, p...

Excerpt: ...way of background, on May 19, 2021, defendant Doe 1 to the complaint was identified as Terry Wilson, and on June 4, 2021, defendant Doe 2 was identified as Dawn Wilson. AAE dismissed its 4th C/A for quiet title on August 26, 2021. Default was entered against the Wilsons on October 12, 2021. Subsequently, the Wilsons moved for an order setting aside entry of default based on attorney mistake. The motion to set aside entry of default was granted Ma...

Excerpt: ...ved on plaintiff's counsel on May 16, 2022. The notice of motion and moving papers were filed with the court on May 16, 2022. There was no opposition in the court's file at the time this ruling as prepared. “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or t...

Excerpt: ...onal Commerce Act; a sum of money was agreed to be loaned to defendant and defendant agreed to repay all sums loaned with interest, fees and charges; a true and correct copy of that promissory note and disclosure statement is attached to the complaint as Exhibit A; that defendant owes a principal balance in the amount of $2,903.08 and post‐charge‐off interest in the amount of $691.17; the last payment date was on January 1, 2019; and despite ...

Excerpt: ...trial date for March 30, 2022, and set an issues conference date for March 18, 2022. During the mandatory settlement conference on January 26, 2022, the court set a trial setting conference for February 28, 2022. At the February 28, 2022, trial setting conference defendant advised the court that she had submitted a motion to compel arbitration. Plaintiff's counsel stated he was unaware of any motion having been served on his office. The court con...

Excerpt: ...that the matter may be dismissed pursuant to Code of Civil Procedure, § 664.6. On November 2, 2017, the court dismissed the action pursuant to the written stipulation for conditional entry of judgment and retained jurisdiction pursuant to the provisions of Code of Civil Procedure, § 664.6 to enforce the written stipulation for conditional entry of judgment. Plaintiff moves to vacate the dismissal and enter judgment pursuant to the terms of the ...

Excerpt: ...and owing the principal amount of $3,092.16. Defendant answered the complaint by general denial. A court trial is set to commence on May 2, 2022. On February 4, 2022, the court granted plaintiff's motion to deem admitted requests for admission propounded upon defendant. Plaintiff moves for entry of judgment on the pleadings on the grounds that the complaint states a cause of action against defendant to collect the alleged debt and that defendant'...

Excerpt: ...t in the amount of $7,260. The proof of service declares that notice of the hearing and the moving papers were served on petitioner Kumar's counsel by mail on January 3, 2022. At the time this tentative ruling was prepared there was no opposition in the court's file Recovery of Fees in Civil Harassment Action “The prevailing party in any action brought under this section may be awarded court costs and attorney's fees, if any.” (Code of Civil ...

Excerpt: ...ior to the filing of the complaint; and the subject real property was sold to an unrelated third party seven years prior to the complaint being filed. Plaintiff opposes the demurrer on the following grounds: the meet and confer activities were insufficient as plaintiff was only contacted once by defense counsel requesting an extension to respond; while she proposed to extend the time to respond, the statement by defense counsel that they had reac...

Excerpt: ...hment of any of the defendant's property as it is not a natural person in the total amount of $251,938, representing $5,000 in estimated costs and $121,300 in estimated attorney fees to prosecute the action. The declaration filed in support of the verified application states: declarant is the CFO of plaintiff; plaintiff is a California Corporation doing business as a hydronics supplier and contractor, duly licensed by the State of California; a c...

Excerpt: ... cease enforcing the measure, and the issuance of an injunction prohibiting the Board of Supervisors and County of El Dorado from taking any action to enforce or implement Measure E. Respondents/Intervenors Taylor and Save Our County opposed the petition. Respondent El Dorado County also opposed the petition. The petition was granted in part and denied in part. Respondents/Intervenors Taylor and Save Our County appealed from the judgment; petitio...

Excerpt: ...Defendants Cato, Fifield, and GT Hotel Partners, LLC move to compel plaintiff to arbitrate the action against them asserting the follow grounds: there is an existing, valid arbitration clause initialed by plaintiff and defendants Cato and Fifield; the scope of arbitration set forth in the agreement is broad enough to encompass all claims in the complaint; although GT Partners, LLC disputes it was a party to the commercial sales agreement, it volu...

Excerpt: ...trial date for March 30, 2022, and set an issues conference date for March 18, 2022. During the mandatory settlement conference on January 26, 2022, the court set a trial setting conference for February 28, 2022. At the February 28, 2022, trial setting conference defendant advised the court that she had submitted a motion to compel arbitration. Plaintiff's counsel stated he was unaware of any motion having been served on his office. The court con...

Excerpt: ...er doctrine does not apply. Defendants Arnest and Filo Real Estate, Inc. also moved to strike portions of the 1st amended complaint that sought recovery of attorney fees incurred in this action, punitive damages, emotional distress damages, and non‐economic damages. After hearing oral argument on the demurrer and motion to strike, on November 5, 2021, the court, among other things, denied the motion to strike the claim for attorney fees asserte...

Excerpt: .... Matossian); Form Interrogatories, Set Two, number 17.1 (Folsom Family); Requests for Production, Set Two, numbers 1‐9 and 11‐24 (Folsom Family); and Requests for Production, Set One, numbers 1‐9 and 11‐24 (Dr. Matossian). Plaintiff argues that further responses to the discovery should be compelled for the following reasons: defendants only provided improper boilerplate objections to the special interrogatories without a single substanti...

Excerpt: ...oceedings in the arbitration proceeding. At the February 18, 2022, hearing on the plaintiff's ex parte application for a TRO and to set a hearing for a preliminary injunction preventing an arbitration, the court denied the request for a TRO and set the hearing on the preliminary injunction for 8:30 a.m. on Friday, March 18, 2022, in Department Nine. Plaintiffs argue that the preliminary injunction should be issued for the following reasons: the a...

Excerpt: ...ctober 15, 2021 Trinity Financial Services, LLC filed an unlawful detainer action against the McDermotts asserting: plaintiff owns the subject real property; defendants were the former owners of the property who defaulted on loan secured by a deed of trust; plaintiff obtained ownership of the property at a trustee's sale on August 24, 2021 that was held pursuant to Civil Code, § 2924 under the power of sale in a deed of trust executed by the for...

Excerpt: ...hat tips quickly and unexpectedly while lifting weights; defendants did not provide written or verbal instructions or warnings as are commonly set forth by the Bosu style ball manufacturer; failed to provide a spotter, fixed safety rail or safety floor mats, while leaving plaintiff unattended and precariously balanced on a platform; and that defendant not only breached the ordinary duty of due care, but also recklessly increased the risk of injur...

Excerpt: ... wage violations, failure to maintain required records maintenance, failure to indemnify employees for business expenses to discharge their duties, failure to timely make final wage payments, and wage statement violations. Having reached a settlement, plaintiffs move for the court's preliminary approval of the class and PAGA action settlement. The proof of service declares that notice of the hearing and the moving papers were served by email on d...

Excerpt: ...and others by grabbing a tent pole to brace it, which caused him to fall to the ground. Defendant moves to strike the punitive damage allegations contained in paragraphs 20‐23 and 30‐33 of the complaint, as well as prayer number 5 for punitive damages. Defendant argues the allegations of fact in the complaint fail to rise to the level of establishing despicable conduct or willful and conscious disregard for the rights and safety of others; an...

Excerpt: ... was allegedly purchased later by defendant Crusha for $45,000 less than plaintiff offered. One issue raised by the complaint relates to plaintiff's offer of proof of funds for the down payment. (See Complaint, paragraphs 2 and 23.) There is evidence that plaintiff served a subpoena for production of business records on Wells Fargo Bank seeking all bank records concerning a single bank account in defendant Crusha's name. Defendants move to quash ...

Excerpt: ...e to indemnify employees for business expenses to discharge their duties, failure to pay all wages due and owing at end of employment, and wage statement violations. Having reached a settlement, plaintiffs move for the court's preliminary approval of the class and PAGA action settlement. The proof of service declares that notice of the hearing and the moving papers were served by email on defense counsel on January 26, 2022. There is no oppositio...

Excerpt: ...e notice by that date. Defendants demur to the complaint on the sole ground that the 60 day notice was void, because the notice merely states that the property will be removed from the market for at least 12 months and does not state it had actually been removed from the market at the time the 60 day notice was served. Defendants argue: that just cause for termination under of Civil Code, § 1179.05(3)(a) requires actual removal and not just mere...

Excerpt: ...voke the prior order.” (Code of Civil Procedure § 1008(a).)1 Pending is petitioner's timely motion for reconsideration of the court's October 29, 2021, Ruling (served Nov. 1, 2021). Included with the motion is a declaration from Patrick Ellis, an expert in Digital Forensic Consultant. There are new facts stated in the declaration. Therefore, the court will consider the motion for reconsideration. The court allowed the prior petitioner's and re...

Excerpt: ... Kirkpatrick was acting in the course and scope of employment and not merely commuting to work at the time of the subject accident as defendant Lytx, Inc. knowingly recruited him from Reno, mandated he work from San Diego, he was being compensated by defendant Lytx, Inc. to relocate, and was travelling from his former residence in Reno, Nevada to relocate to his place of employment in San Diego, California at the time of the subject accident. On ...

Excerpt: ...n opposition, defendant filed a statement re: plaintiff's motion to compel. There was no reply in the court's file when this ruling was prepared. “(a) The party to whom an inspection demand has been directed shall respond separately to each item or category of item by any of the following: ¶ (1) A statement that the party will comply with the particular demand for inspection and any related activities. ¶ (2) A representation that the party la...

Excerpt: ...ring this action to trial to October 4, 2021. On August 19, 2021 the El Dorado County Superior Court issued the 6th Administrative Order Granting Emergency Relief due to COVID‐19 and the State of Emergency due to the Caldor Fire, which suspended civil jury trials during the period of August 20, 2021 and September 17, 2021, with trials to be set on or after September 21 2021. On September 14, 2021 the El Dorado County Superior Court issued the 7...

Excerpt: ...r, account for about 81% of deaths due to COVID for the U.S. population. Plaintiff opposes defendant's request because defendant resides less than 75 miles from the deposition location and plaintiff does not oppose defendant wearing a mask. Neither party cited any law in the motion or the opposition. Defendant provided case law in the reply; however, this raises due process concerns because plaintiff is prevented from responding in writing to def...

Excerpt: ...over tenants of unit L; if defendants failed to make any of the specified payments, the plaintiff may file without notice an ex parte declaration in support of a request for a writ of possession and cancellation of the agreement and seek entry of judgment in the amount of $2,165.51, less payments made; upon payment of $2,156.51, provided no monthly rent payment is outstanding, the plaintiff will dismiss the lawsuit; and the court retained jurisdi...

Excerpt: ... closing or locking the Parties' common gate to Highway 49 at any time that the Cross‐Complainants Fieseler are at home.” The Tates appealed from the judgment. On January 24, 2012 the Third District Court of Appeal issued its decision on appeal affirming the judgment in full. On March 7, 2012 plaintiffs filed a petition for writ of review with the California Supreme Court. On April 11, 2012 the California Supreme Court denied the petition for...

Excerpt: ... documents without objections. The motion does not request the court to deem admitted requests for admission. Plaintiff requests an award of monetary sanctions in the amount of $690. The proof of service in the court's file declares that on January 12, 2022 notice of the hearing and copies of the moving papers were served by mail to defense counsel. Defendant opposes the motion on the following grounds: defendant's verified responses to the subje...

Excerpt: ... cause of action, because defendant Overholtzer was not a tenant in possession, he did not rent, control, maintain, or own any of the equipment on the premises, and did not employ plaintiff; and the premises liability cause of action can not be proven against him, because he was not a tenant in possession of the property, he did not rent, control, maintain, or own any of the equipment on the premises, the willful failure to warn theory under Civi...

Excerpt: ...15 acknowledgement of receipt of the summons and complaint. The acknowledgement of receipt was filed on September 24, 2020. Default was entered against both defendants on November 24, 2020. Defendants' motion for relief from default as filed on January 12, 2022. Defendants move to set aside the default as the parties stipulated to in the written joint stipulation, dated March 23, 2021. Defendants argue: due to mistake, inadvertence, and excusable...

Excerpt: ...in the amount of $7,260. The proof of service declares that notice of the hearing and the moving papers were served on petitioner Kumar's counsel by mail on January 3, 2022. At the time this tentative ruling was prepared there was no opposition in the court's file Recovery of Fees in Civil Harassment Action “The prevailing party in any action brought under this section may be awarded court costs and attorney's fees, if any.” (Code of Civil Pr...

Excerpt: ...e pleadings on the grounds that the complaint states a cause of action against defendant to collect the alleged debt, that defendant's answer does not raise a material issue of fact, and that it does not state a defense to the complaint. The proof of service in the court's file declares that on January 6, 2022 defendant was served the moving papers and notice of this hearing by mail to defendant's address of record. A memorandum of costs seeking ...

Excerpt: ...istrict (Recreation District) filed a 1st Amended Complaint asserting causes of action for quiet title, declaratory relief, trespass to land, trespass to chattel, and nuisance. On September 3, 2021 the court denied defendants' motion to expunge lis pendens On September 30, 2021 defendants filed a demurrer to the 1st amended complaint. The 1st amended demurrer to the 1st amended complaint was filed by defendants Byrd, Rodarte, Wilson's, and Saunde...

Excerpt: ...on. On November 4, 2021 the court entered its order adopting the tentative ruling as the ruing of the court overruling the demurrers to the 1st amended complaint and denying the motion to strike. On November 4, 2021 the clerk served the November 4, 2021 minute order by mail to plaintiff's counsel and defense counsel. Defendants move for reconsideration of the court's order denying defendants' motion to strike and overruling their demurrers to the...

Excerpt: ...uest. On November 4, 2021 defendant filed her points and authorities in support of the request; on November 24, 2021 petitioners/plaintiffs filed a response/opposition; on November 30, 2021 defendant filed her reply. At the hearing on December 3, 2021 defense counsel would not stipulate to a Commissioner hearing the matter and stated she wanted Judge Sullivan to hear the matter as she is familiar with the pleadings. The hearing was continued to J...

Excerpt: ... well as injunctive relief and an award of attorney fees and costs. Defendants Inman and Danette's Brick Oven Pub were voluntarily dismissed from the action with prejudice upon plaintiff's request on December 23, 2021. Proofs of service filed on November 23, 2021 declare that the registered process server served defendants Jennette Waldow and Jennette Waldow d.b.a. Apple Bistro the summons and complaint and other litigation documents on November ...

Excerpt: ...titioner filed a response to the real party in interest's answer and opposition. On December 13, 2021 respondent California Unemployment Insurance Appeals Board filed an answer to the petition. “(a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discret...

Excerpt: ... agents is not required.”; and “The problem with the allegations of the 2nd amended complaint related to the claim for punitive damages is that plaintiff has not cited allegations that an officer, director, or managing agent of the defendant corporations personally engaged in, authorized, and/or ratified the alleged misconduct.” The court granted ten days leave to amend as “…there is a reasonable possibility the plaintiff can sufficient...

Excerpt: ...d upon defendants. On October 27, 2021 the court clerk filed plaintiffs' motion to compel further responses to form interrogatory number 17.1, special interrogatories, requests for production, and requests for admission. Plaintiffs argue that there was a mistake in that the moving papers were attempted to be fax filed and not eFiled with the court as counsel intended, which led to the court clerk rejecting the filing due to the failure to provide...

Excerpt: ...ing defendant's gross negligence causing plaintiff's injuries, which is not covered by the waiver, release and assumption of the risk form; and plaintiff's expert, Clarke Brodnicki, declares in opposition that defendants' conduct reflected indifference or want of even scant care, which raises the triable issue of gross negligence. Defendants noticed plaintiff's expert's deposition for November 16, 2021. Plaintiff asserted objections to the deposi...

Excerpt: ...osition to the motion by October 25, 2021. Respondents County essentially argue that limited discovery is necessary concerning whether the members of the petitioner non‐ profit corporation had private economic interests advanced by this litigation such that the litigation costs did not transcend the individual members' personal economic interest in the litigation, otherwise neither the Court, nor the County can determine whether these private e...

Excerpt: ...der the settlement agreement, which lead to arbitration and a limited civil case (PCL‐20110390). An arbitration award was issued on November 29, 2010 and the award was entered as a judgment upon stipulation for confirmation of the award on May 7, 2011 (2011 Arbitration Award/Judgment). (Defense Exhibit 5.) On December 7, 2021 plaintiff Frances Reinders d.b.a. Fudge Factory Farm filed an action against defendants Visman and High Hill Ranch, LLC ...

Excerpt: ... arguing the following grounds: punitive damages can not be recovered in this action as it is a breach of contract action, because the breach of fiduciary duty derives from the contractual obligations of the HOA; and the conclusory allegations of fact do not support a claim for punitive damages. The proofs of service filed with the court declares that plaintiff's counsel was served with notice of the hearing and the documents submitted in support...

Excerpt: ...ber 28, 2021 to the address of the subject premises; and on October 27, 2021 all other persons or entities in possession were served by posting the summons and complaint at the subject premises, leaving copies of the summons and complaint in the presence defendant Stephen McDermott at the premises on that date, and by mail to the premises address on that same date. Default was entered against defendant Stephen McDermott on November 12, 2021. Alth...

Excerpt: ...n found on the property and by mailing a copy of the notice to defendants to the premises; the 60 day notice period expired on October 5, 2021; and defendants failed to comply with the requirement of the notice by that date. Defendants specially appear to move to quash service of the summons and complaint on the following grounds: the court lacks personal jurisdiction over defendants, because they were never properly served with the summons and c...

Excerpt: ...ronmental Heath Permit Ordinance of the El Dorado County Ordinance Code, Chapter 8.05, and public nuisance. Plaintiff prays for a judgment imposing fines and penalties, as well as injunctive relief and an award of attorney fees and costs. Proofs of service filed on November 23, 2021 declare that the registered process server served defendants Jennette Waldow and Jennette Waldow d.b.a. Apple Bistro the summons and complaint and other litigation do...

Excerpt: ...bmor Enterprises, Inc., Constantly Growing, LLC, Constantly Growing Inc., and Callarick Enterprises, LP. Three of the motions seek a court order directing defendants Labmor Enterprises, Inc., Constantly Growing, LLC, and Constantly Growing Inc. to provide further responses to that Special Interrogatories, Set Two, corrected Inspection Demands, Set Two, and Inspection Demands, Set Three without objections. The fourth motion to compel seeks to comp...

Excerpt: ...Defendant Trinity Financial Services, LLC demurs to all causes of action on the following grounds: the Violation of Civil Code, § 2923.5 Cause of Action is fatally defective, because Section 2923.5 only applies to first priority mortgages and deeds of trust and matters of which the court can take judicial notice of establish that the note foreclosed on was a 2nd deed of trust (DOT); there is no private right of action for violation of Civil Code...

Excerpt: ...mpel binding arbitration of the uninsured motorist claim together with the claim against the third party, defendant Rivera, in the personal injury action (Case Number PC‐20200357.), which defendant Rivera and plaintiffs Kwan have agreed to arbitrate. Respondent CSAA Insurance Exchange (CSAA) opposes the petition on the following grounds: this is an underinsured motorist case and, therefore, the uninsured motorist binding arbitration statute doe...

Excerpt: ...njust enrichment, quantum meruit, common counts, fraud, declaratory relief, and preliminary and permanent injunctive relief Plaintiffs/Cross‐Defendants move to strike paragraphs 54‐56 of the cross‐complaint on the grounds that the allegations are irrelevant, false, improper, or highly prejudicial. Cross‐Complainants oppose the motion on the following grounds: the allegations sought to be stricken are essential to the fraud cause of action...

Excerpt: ...t to the issue of plaintiff's loss of earnings claim in that they would reveal plaintiff's earnings before and after the subject incident; plaintiff is self‐employed and has owned multiple businesses, therefore an accurate representation of his earnings would be found in tax records, such as a Schedule K‐1, Schedule C, and 1099 Form; plaintiff testified at his deposition that his business records and QuickBooks were not up to date and his cou...

Excerpt: ...ith the requirement of the notice by that date. Defendants specially appear to move to quash service of the summons and complaint on the following grounds: the court lacks personal jurisdiction over defendants, because they were never properly served with the summons and complaint; the purported service by leaving a copy of the summons and complaint on the door of the subject premises should be quashed; and plaintiffs have never filed a proof of ...

Excerpt: ...m closing or locking the Parties' common gate to Highway 49 at any time that the Cross‐Complainants Fieseler are at home.” The Tates appealed from the judgment. On January 24, 2012 the Third District Court of Appeal issued its decision on appeal affirming the judgment in full. On March 7, 2012 plaintiffs filed a petition for writ of review with the California Supreme Court. On April 11, 2012 the California Supreme Court denied the petition fo...

Excerpt: ...of service declares that on October 13, 2021 the motion was served by mail on plaintiff's counsel. Although there was no opposition to the motion in the court's file at the time of the November 5, 2021 hearing date, the court noted that the motion was filed on October 14, 2021, the notice of hearing initially stated it was to take place on December 3, 2021, and the date was apparently changed by the clerk when the document was filed by striking o...

Excerpt: ...s from defendant's use, conduct, and arguments concerning two easements across plaintiff's land. On August 31, 2021 Georgetown Divide Recreation Dist. filed a 1st amended complaint in case number PC‐ 20210234 against defendants Byrd, Rodarte, Wilson, Saunders, and All About Equine Animal Rescue, Inc. asserting causes of action for trespass to land, trespass to chattel, nuisance, declaratory relief, and to quiet title arising from a recorded eas...

Excerpt: ...nt. On November 4, 2021 All About Equine Animal Rescue, Inc. filed a cross‐complaint in case number PC‐20210234 against cross‐defendants Byrd, Wilson, U.S. Bank as Successor Trustee of the Conger Trust, Roger Crist as trustee of the Christ Trust and Georgetown Divide Recreation Dist. Defendants Byrd, Rodarte, Wilson, and Saunders demur to 1st Amended Complaint on the following grounds: the quiet title and declaratory relief causes of action...

Excerpt: ...ved a 15 day notice to pay or quit on September 7 and October 4, 2021 by posting at the premises; on September 28, 2021 the period stated in the notice expired at the end of that day; the defendants failed to comply with the requirements of the notice by that date; all facts stated in the notice are true; the notice included an election of forfeiture; a copy of the notice is attached as Exhibit 2; the amount of rent due at the time the notice was...

Excerpt: ... started; plaintiff can not rely on the original contract to allege an account stated; and the complaint fails to allege venue as it fails to state where the account was stated.. Plaintiff opposes the demurrer on the following grounds: the complaint alleges sufficient facts to state a cause of action for common counts under an open book account theory; and defendant's citation of Tringali v. Vest (1951) 106 Cal.App.2d 720, 721‐722 in support of...

Excerpt: ...ust 2, 2021. Defendants Fidelity National Title Company and Fidelity National Title Insurance Company demur to the entire 1st amended complaint asserting it is uncertain and the 2nd cause of action for negligent failure to disclose material facts fails to state a cause of action. The proofs of service filed with the court declare that on September 1, 2021 the initial notice of the hearing and the documents submitted in support of the demurrers we...

Excerpt: ...facts that adequately describe, identify, or define the described premises; the amended complaint fails to allege that defendant Ridgeline Group, LLC owns, possesses or controls the property where the alleged dangerous condition existed; and the amended complaint fails allege defendant's breach of a duty of due care related to the property where the accident occurred. Plaintiff oppose the demurrers on the following grounds: plaintiff adequately a...

Excerpt: ... of Utah; and the forum selection clause must be respected as the borrower and lender have a reasonable basis for the forum selection as stated in the governing law provision as the borrower plaintiff understood and agreed that the initial lender, Celtic Bank Corp., a Utah Corporation, is located in Utah, makes all credit decisions from lender's office in Utah, the line of credit is made in Utah, and borrower's payments are not accepted until rec...

Excerpt: ...owing grounds: defendant's mistake in failing to advise his insurer that he had been served the summons and complaint is grounds to vacate the default; a defendant's insurer is entitled to relief under Code of Civil Procedure, § 473 when the default was taken through no inexcusable neglect of the insurer; the default was taken with quiet speed; and defendant had a duty to warn defendant, defense counsel and defendant's insurer that plaintiff was...

Excerpt: ...ecial interrogatories, and granted plaintiff's motion for further responses to requests for production and production of documents, Plaintiff noticed the deposition of defendant's most knowledgeable person to submit for a deposition regarding 21 specified categories of information and to produce at the deposition 17 categories of documents. Defendant objected to the deposition; objected to being examined concerning all 21 information category num...

Excerpt: ...r Code, §§ 1102.5 and 1102.6; and Wrongful Termination in Violation of Public Policy. Defendants demur to the complaint on the following grounds: the 1 st, 2nd and 4th causes of action are premised upon FEHA violations and they are fatally defective as plaintiff has failed to allege sufficient facts to establish that the defendants were plaintiff's employers or joint employers; the FEHA retaliation and failure to prevent retaliation causes of a...

Excerpt: ...s that on October 13, 2021 the motion was served by mail on plaintiff's counsel. There is no opposition to the motion in the court's file “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: ¶ (1) To quash service of summons on the ground of lack of jurisdiction of the court over hi...

Excerpt: ...SC and preliminary injunction. At the hearing on July 7, 2021, plaintiff appeared by Zoom and she stated she had not provided a Zoom invite to the defendants as she believes she is being blocked by the defendant. The court acknowledged the related family law case and noted that no judgment has been entered declaring who owns the subject real property. The court heard further testimony by plaintiff, denied the TRO, and set a hearing date for the p...

Excerpt: ...osition to the motion by October 25, 2021. Respondents County essentially argue that limited discovery is necessary concerning whether the members of the respondent non‐ profit corporation had private economic interests advanced by this litigation such that the litigation costs did not transcend the individual members' personal economic interest in the litigation, otherwise neither the Court, nor the County can determine whether these private e...

Excerpt: ...port Construction) and Allen were sued and served as POE 2 and POE 1 respectively. They answered the 2nd amended cross‐complaint on January 30, 2020. Cross‐Defendants Newport Construction and Allen move for judgment on the pleadings on the equitable indemnity, contribution, and declaratory relief causes of action of the 2nd amended cross‐complaint on the grounds that each of those causes of action are fatally defective and the court should ...

Excerpt: ...h of governing documents does not allege that the subject unit was or is currently rented or occupied by any tenants or guests; the allegations that it is believed that defendant listed the subject unit on a short term rental site does not violate the governing documents as that situation is not addressed in the governing documents; while defendant requests general damages of $25,100, the plaintiff failed to adequately allege how and by what cont...

Excerpt: ...y failure to use reasonable care, breach of fiduciary duty by breach of loyalty, negligence, 3rd party tort of another, and requesting a preliminary injunction and other equitable relief. The action arises from an alleged dispute related to the plaintiffs having purchased the subject real property from defendants, plaintiffs' alleged failure to pay a portion of the down payment in the amount of $45,000 when due and owing, and the plaintiffs alleg...

Excerpt: ...iff on paid administrative leave pending defendant County's investigation was a protected activity by the County as it was part of an official proceeding; the claim of constructive discharge in inextricably tied to County's official proceedings authorized by law and, therefore, it arises from County's internal investigation protected activity; the claim of overall hostile work conditions is derivative of plaintiff's other alleged adverse employme...

Excerpt: ..., defendant County filed a special Anti‐SLAPP motion to strike the 1st amended complaint asserting: the adverse action of “double demotion” complained of in the 1st amended complaint was the product of an official proceeding returning plaintiff from a management position to her most recent classified position in accordance with the County Code, which is a protected activity; plaintiff can not establish she engaged in a protected activity; p...

Excerpt: ... filed a 1st amended complaint on April 26, 2021 asserting 11 causes of action arising from his rental of a mobile home space at Cold Springs Mobile Manor. On July 28, 2021 the 8th cause of action was dismissed without prejudice upon request of plaintiff. Defendants Cold Springs Manor, LLC, Ingrid Marlow, Carolyn Natho, Thomas Brache, and Monolith Properties, Inc. demur to the remaining ten causes of action on the following grounds: plaintiff's f...

Excerpt: ...ges for breach of the warranty of merchantability and breach of express warranty under the Song‐Beverly Warranty Act related to the alleged sale and delivery of a new vehicle to plaintiff, which was non‐conforming as it had defects and malfunctions. Plaintiff moves to compel a further verified response to Form Interrogatory Number 12.1 within 30 days. Plaintiff does not seek imposition of any discovery sanctions. The proof of service declares...

Excerpt: ...nd attorney fees. On January 25, 2021 plaintiffs filed an action against defendants asserting causes of action for breach of contract by promissory estoppel and fraud allegedly arising out of a written two year commercial lease agreement, an alleged promise to provide plaintiffs with an additional three year term, and an option for a five year extension. (Case Number PC‐20210027.) On June 30, 2021 the court entered its order compelling arbitrat...

Excerpt: ...ees and costs. The proofs of service declare that on August 19, 2021 Elizabeth Ramos was personally served the notice of hearing of this motion and on August 12, 2021 she was personally served notice of the hearing and the moving papers. There is no opposition in the court's file. “Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (co...

Excerpt: ...nformation sufficient to form a belief as to the accuracy of the plaintiff's allegations in paragraph 12 of the complaint and on that basis denies each and every allegation in that paragraph, because plaintiff knows, is presumed to know, or has means of ascertaining whether the facts alleged in the complaint in that paragraph are true or false; and the cited affirmative defenses are fatally defective and improper as they only state legal conclusi...

Excerpt: ...mart, Inc. as DOE 4, Callarick Business, Inc. as DOE 5, Labtech Greenhouses, Inc. as DOE 6, Callarick Enterprises, LP as DOE 7, and 2nd Hand Hydro, LLC as DOE 8. On October 23, 2019 defendants Labmor Enterprises, Inc., Casey Labbitt, Stephanie Labbitt, CMP Agg Innovations, LLC., Constantly Growing, LLC, Constantly Growing, Inc., Callarick Business, Inc., Labtech Greenhouses, Inc., and Callarick Enterprises, LLC filed their answer to the complaint...

Excerpt: ...OSC and preliminary injunction. At the hearing on July 7, 2021, plaintiff appeared by Zoom and she stated she had not provided a Zoom invite to the defendants as she believes she is being blocked by the defendant. The court acknowledged the related family law case and noted that no judgment has been entered declaring who owns the subject real property. The court heard further testimony by plaintiff, denied the TRO, and set this hearing date for t...

Excerpt: ...ages asserting the following grounds: the vague and general allegations are insufficient to support an award of punitive damages; the allegations are purely conclusory; and plaintiff has not alleged a single specific act, failure to act, or communication that could rise to the level of despicable conduct or fraud. Plaintiff opposes the motion asserting the following grounds: the allegations of the 1st amended complaint sufficiently allege facts t...

Excerpt: ...ion as the evidence objected to is not germane to the disposition of defendants Jamil L. White, individually and doing business as Louis White, P.C.'s (“defendants”) motion for summary judgment. (Code Civ. Proc., § 437c, subd. (q).) The Court declines to rule on defendants' evidentiary objections made in their response to plaintiffs' separate statement because “[a]ll written objections to evidence must be served and filed separately from t...

Excerpt: ... of whatever nature now or hereinafter located in, on, or used in connection with the property . Plaintiff applied for a TRO and OSC Re: Preliminary Injunction. After hearing argument at a hearing on July 23, 2021, the court granted the application for a TRO and issued an Order to Show Cause why a preliminary injunction should not issue against defendant enjoining defendant and all other persons from removing from defendant's real property the ma...

Excerpt: ...re was no breach of contract by defendant; plaintiff has no excuse for failure to perform all obligations required by plaintiff under the management agreement and addendum; there was no breach of the implied covenant of good faith and fair dealing of an option agreement as no such agreement exists; there was no breach of the covenant of good faith and fair dealing of the management contract as plaintiff has not adequately alleged the existence of...

Excerpt: ...rning a project wherein defendant Stix Development was allegedly constructing a business premises and selling it to plaintiffs. Defendants/Cross‐Complainants Feister and Stix Development filed a 1st amended crosscomplaint on May 24, 201 against various cross‐defendants asserting various causes of action. The only causes of action asserted against alleged real estate brokers Esway and Crossroad Ventures Group, Inc. are for comparative indemnit...

Excerpt: ...endant imposed an adverse employment action on plaintiff; plaintiff failed to adequately allege a causal connection between protected activities and an adverse employment action; and the Government Code discretionary acts immunity bars this action. Plaintiff opposes the demurrer on the following grounds: plaintiff sufficiently alleged that she engaged in protected activities; plaintiff alleged sufficient facts that establish that plaintiff was su...

Excerpt: ...tachment, paragraph GN‐1.) Defendants Pacific Bell Telephone Co. and Medel move for an order directing plaintiff to submit to a mental examination conducted by Dr. Strassberg for the purpose of determining plaintiff's mental, psychological, and neurological conditions as well as plaintiff's post‐traumatic stress disorder, depression, and other psychological and mental injuries claimed in this action. Defendants state that the examination shou...

Excerpt: ...nt imposed an adverse employment action on plaintiff; plaintiff failed to adequately allege a causal connection between protected activities and an adverse employment action; and the Government Code discretionary acts immunity bars this action. Plaintiff opposes the demurrer on the following grounds: plaintiff sufficiently alleged that she engaged in protected activities; plaintiff alleged sufficient facts that establish that plaintiff was subjec...

Excerpt: ... parcel; the parcel has not been subdivided, yet the parcel is divided into separate Assessor's parcel numbers for each interest; and defendant is engaging in certain conduct on her APN without the required permits, which exposes the other parcel owners to liability. A preliminary injunction shall not be granted without notice to the opposing parties. (Code of Civil Procedure, § 527(a).) “An injunction may be granted in the following cases: ¶...

Excerpt: ...ve to expunge the notice of pendency of action (Lis Pendens) that was recorded related to the subject real property. Defendants contend: plaintiff is unable to establish by a preponderance of the evidence the probable validity of its real property claim that the disputed location of the subject express easement is not the current road; a correct interpretation of the language of the 1977 grant deed establishes that the current dirt road is the ea...

Excerpt: ...isrepresentation and survival action – fraud allegedly arising from the circumstances surrounding plaintiff's decedent's care and discharge from Progress House, Inc.'s treatment program and subsequent death in her home by accidental heroin overdose less than 24 hours after discharge. Defendant demurs to all causes of action on the following grounds: the wrongful death cause of action is defective in that it fails to include the affidavit or dec...

Excerpt: ... parcel; the parcel has not been subdivided, yet the parcel is divided into separate Assessor's parcel numbers for each interest; and defendant is engaging in certain conduct on her APN without the required permits, which exposes the other parcel owners to liability. A preliminary injunction shall not be granted without notice to the opposing parties. (Code of Civil Procedure, § 527(a).) “An injunction may be granted in the following cases: ¶...

Excerpt: ...nd the $1,500 per hour charged by Dr. Winter for videotaped depositions. Plaintiff moves for the court to set the hourly fee to be charged by Dr. Winter for videotaped deposition testimony as $850 per hour, which is the rate the doctor charges defendant for expert consultation. Plaintiff further requests that defendant and his counsel be ordered to pay monetary sanctions in the amount of $2,200. Defendant opposes the motion on the following groun...

Excerpt: ... for an award of actual damages, a civil penalty in an amount not less than $100, nor more than $1,000 as provided in the Act, and reasonable attorney fees and costs as provided by the Act. The proof of service filed on March 12, 2021 declares that defendant was served by substituted service at its place of business located at 900 Ski Run Blvd., Suite 103, South Lake Tahoe, California on March 2, 2021 by leaving the documents with an employee who...

Excerpt: ...OSC and preliminary injunction. At the hearing on July 7, 2021, plaintiff appeared by Zoom and she stated she had not provided a Zoom invite to the defendants as she believes she is being blocked by the defendant. The court acknowledged the related family law case and noted that no judgment has been entered declaring who owns the subject real property. The court heard further testimony by plaintiff, denied the TRO, and set this hearing date for t...

Excerpt: ...on.). There is a pending arbitration proceeding between plaintiff and defendant Multi‐Housing Tax Credit Partnership, which was filed on March 10, 2021, shortly after the initial complaint in this action was filed on February 26, 2021. Plaintiff moved to stay the arbitration proceeding pending the resolution of the litigation in this case. The court's tentative ruling denied the motion and that motion is set for oral argument at 2:30 p.m. on Fr...

Excerpt: ...motor vehicle accident, because he was not employed by defendant Lytx, Inc. at the time of the subject motor vehicle accident, therefore, defendant Kirkpatrick was not acting in the course and scope of employment with Defendant Lytx, Inc. at the time of the subject accident; and defendant Lytx, Inc. can not be held liable for negligent entrustment of the vehicle defendant Kirkpatrick was driving at the time of the subject accident and not statuto...