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