Excerpt: .... Cross‐ Complainant Legacy Family Adventures – Rocklin (Legacy) file a cross‐complaint against the City of Rockling (City), Bonsai Design, LLC (Bonsai), and Adventure Operations, LLC (Adventure Operations) asserting various causes of action. Cross‐Defendants Bonsai and Adventure Operations demur to all causes of action pled against them. Cross‐Complainant Legacy opposes the demurrers. Cross‐Defendants replied to the opposition. Demur...

Excerpt: ...ivil Procedure, § 877.6 that the settlement is in good faith. The proof of service filed with the court declares that the parties were emailed notice of the hearing and copies of the moving papers on June 24, 2020. The motion is not opposed. Any party to an action in which it is alleged that two or more parties are joint tortfeasors is entitled to a court hearing on the issue of the good faith of a settlement between the plaintiff and one or mor...

Excerpt: ...Charlene Bosso's Further Responses to Special Interrogatories, Set One. Plaintiffs move to compel defendant Charlene Bosso to provide further responses to special interrogatories, set one, numbers 35‐41 on the grounds that the objections that the special interrogatories are vague, ambiguous, or unintelligible, they call for legal conclusions, the special interrogatories call for an expert opinion, and that the special interrogatories seek infor...

Excerpt: ...rted of 32 affirmative defenses. On May 28, 2020 plaintiffs filed a motion for judgment on the pleadings on defendants Federal Home Loan Mortgage Corp.'s, JP Morgan Chase Bank's, and MTC Financial, Inc.'s answer. Plaintiffs contend that judgment on the pleadings on the entire answer and each and every affirmative defense should be granted because the 32 boilerplate affirmative defenses fail to allege sufficient facts to establish such affirmative...

Excerpt: ...the court denied plaintiff's motion to reconsider that ruling. On January 24, 2020 plaintiff filed a 2nd amended complaint against defendants, including defendant MERS, asserting the following causes of action: cancellation of the MERS assignment of the deed of trust as MERS is not registered as a foreign corporation; cancellation of the assignment of the deed of trust, because MERS lacked standing or legal authority to assign the subject deed of...

Excerpt: ... defendant and accepted. Defendant contends: the Code of Civil Procedure, § 998 offer to compromise provides that no judgment shall be entered; the plaintiffs are seeking entry of judgment along with the petition to authorize the minor's compromise; the petition states that the minor suffered anxiety and depression, which was not alleged in the complaint; the petition falsely states that defendant Wentzel witnessed the incident, which was not al...

Excerpt: ...plaintiff in the amount of $60,000; defendant Mack executed a continuing guaranty of the loan; that there remains, due, owing and unpaid a principal balance in the amount of $30,534.15; and defendant Mack failed to cure defendant Senworth, Inc.'s default on the contract. On March 5 2020 the court dismissed the account stated and money lent causes of action upon plaintiff's request, leaving the breach of contract cause of action pending. Plaintiff...

Excerpt: ...lan for the association's future financial needs; breach of fiduciary duty by failure to conduct a reserve study, failure to fund reserves, selective enforcement of the C,C,&Rs, and failure to fund the reserves; violation of Civil Code, § 5100 by conducting elections without properly sending ballots, failure to properly retain inspectors of elections, and tainting the entire voting process; violation of Civil Code, § 5200 by failing and refusin...

Excerpt: ...aintiff Cain. Defendant Cheryl Mendonsa responded on July 16, 2018 by filing an answer and a crosscomplaint against plaintiff Cain for rescission of the agreement due to allegations asserting that defendant mistakenly executed the document, defendant was unduly influenced, and defendant Cheryl Mendonsa was the victim of financial elder abuse. The plaintiff's demurrers to the cross‐complaint and 1st amended cross‐complaint were sustained. The ...

Excerpt: ...isleading reports and statements, as well as recovery for unfair business practices that injured the membership of the club by allegedly suppressing non‐confidential financial information and defendants receiving ill‐gotten gains that rightfully belong to the club membership. Defendants move for an order requiring plaintiffs to post a bond n the amount of $50,000 in order for them to continue to pursue the derivative actions. Defendants argue...

Excerpt: ... failed to perform as stated and promised and the installation allegedly caused serious roof leaks that resulted in extensive damage to the interior of plaintiffs' home. Defendant demurs to the unfair business practices and financial elder abuse causes of action on the following grounds: these fraud based claims fail to meet the required specificity of pleading facts to support the elements of fraud based causes of action; and puffing and sales t...

Excerpt: ...e ground he walks on. Defendant demurs to all causes of action on various grounds and plaintiff opposes the demurrers on various grounds Demurrer Principles When any ground for objection to a complaint appears on its face, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by demurrer to the pleading. (Code of Civil Procedure, § 430.30(a).) “‘A demurrer admits all mater...

Excerpt: ...r failure to pay rent, plaintiff filed this civil action and the instant ex parte application for a TRO and Preliminary Injunction directing that defendant and the property occupants vacate the property within five days of service of the TRO/Injunction; that plaintiff is to be placed in possession of the property; and that all personal property remaining on the property is to be sold or otherwise disposed of as provided in Code of Civil Procedure...

Excerpt: ...2020 defendant was served by posting on the residence door in accordance with the court's order and mailing those documents to the address of the subject residence on March 9, 2020. On April 2, 2020 default was entered against defendant and a judgment for possession entered by the clerk. The request for entry of default declares that the request was served by mail to defendant's address at the subject residence on March 21, 2020. The writ of poss...

Excerpt: ...d the formation of the contract; the plaintiffs failed to allege sufficiently clear and certain terms related to the date defendant's performance was due to repay the alleged loans; and plaintiffs failed to include an indispensable party, the plaintiffs' daughter, who was dating defendant at the time and received the benefits of the alleged contracts giving her a claim of a personal interest in the claims of plaintiffs that defendant must repay t...

Excerpt: ...elling the Bathylogger, BathyCat, BL 200, BL 230, and Bathynav; and to prohibit them from marketing, advertising, or selling any other product which competes with plaintiffs products. Defendant opposes the motion on the following grounds: there is no likelihood that plaintiff will be successful in proving trade secret misappropriation in this litigation; plaintiff's implication that defendants product line is similar to plaintiff's and that it es...

Excerpt: ...nt Conwell, and defendant Kelley. On June 5, 2019 plaintiffs Barbot filed the instant action against defendants Bonita Conwell, Thomas Conwell, and Kathleen Kelley for injuries defendant Robert Barbot allegedly sustained as a result of the motor vehicle accident on July 14, 2017 and for alleged damages for loss of consortium suffered by his spouse, plaintiff Courtney Barbot. Defendant Kelley moves to consolidate the two actions that involve claim...

Excerpt: ...rmal discovery order was not presented to the court until later and was entered on April 1, 2020. The proof of service of the notice of ruling filed on April 8 2020 declares that on April 7, 2020 notice of the ruling was served on plaintiff by mail to plaintiff's address of record. Arguing that the plaintiff has not complied with the court's discovery order, defendants move for an order imposing the terminating sanction of dismissal of plaintiff'...

Excerpt: ...0. Plaintiff's proposed order directs that defendant be compelled to produce all attorney‐client privileged documents regarding communications between the HOA and attorney Deon Stein as to all issues raised in the complaint without limitation to the enactment of the large livestock rule, which were requested in the subject deposition notices. Defendant HOA opposes the motion on the following grounds: the court can not compel further production ...

Excerpt: ...y sanctions in an unspecified amount. The proof of service declares that on January 6, 2020 the notice of hearing, the motion, and the declaration submitted in support of the motion were served by mail on plaintiff's counsel. The declaration in support of the motion was not executed. An executed supplemental declaration was filed on February 20, 2020, which explained the prior declaration was inadvertently not signed and that all statements in th...

Excerpt: ... February 24, 2020 the amended notice of the hearing was served by mail on plaintiff's counsel; and on February 3, 2020 the initial notice of hearing and moving papers were served by mail on plaintiff's counsel. Cross‐Defendant opposes the motion on the following grounds: the civil court has no jurisdiction to decide anything about the property owned by cross‐complainant and crossdefendant, because the Family Law Court had acquired prior juri...

Excerpt: ...ult prove up hearing was heard on April 16, 2018. On April 26, 2018 the formal written judgment was entered against defendant in the principal amount of $55,350.67 for HOA violation fines, $54,966.50 in attorney fees, and costs of $4,491.80, which amounts to $114,808.97. The court also issued a permanent injunction in the judgment directing defendant to do certain things. The judgment creditor moves for an order authorizing the sale of the judgme...

Excerpt: ...el Joel Cooper a.k.a. Dr. Daniel J. Copper, D.O. On April 11, 2018 plaintiff's action against Dr. Daniel J. Copper, D.O., Inc. was voluntarily dismissed with prejudice and plaintiff requested that the court enter a default judgment only against Daniel Joel Cooper a.k.a. Dr. Daniel J. Copper, D.O. On May 8, 2018 a default judgment was entered only against defendant Daniel Joel Cooper a.k.a. Dr. Daniel J. Copper, D.O. in the total sum of $71,555.36...

Excerpt: ...interrogatories, set 3, Nos. 96, 97, 103, 139, 140, 141, 142, 143, 144. Petitioner alleges respondent's answers were objections and not responsive.1 Petitioner moves to compel further responses and requests an award of monetary sanctions in the amount of $3,000. The proof of service in the court's file declares that on February 14, 2020 notice of the hearing and copies of the moving papers were served by mail on respondent's attorney to compel di...

Excerpt: ...e causes of action on the following grounds: the 1 st amended cross‐complaint is uncertain and fails to allege sufficient facts to establish that cross‐ defendant has violated the no contest clause of the Trust instrument; the underlying breach of contract complaint does not attack the validity of the Trust and only seeks to enforce a contract signed by cross‐complainant to revoke the Trust and transfer real property to cross‐ defendant; ...