Excerpt: ... is now used as a District park. Plaintiff moves for a preliminary injunction prohibiting defendants from altering, damaging or destroying the District's property; prohibiting trespass on district property or trespass to the District's chattels; directing defendants to obtain ingress and egress as the status quo existed prior to the destruction and removal of the District's fencing and gate on April 28, 2021; and barring defendants from blocking,...

Excerpt: ...s of action of continuing trespass, private nuisance, negligent infliction of emotional distress, and declaratory relief. Defendant Lopez moves to expunge the notice of pendency of action (Lis Pendens) that was recorded related to the subject real property. Defendant contends: plaintiff can not meet his burden of proof, because the causes of action for enforcement of oral agreement, promissory estoppel, promise without intent to perform, false re...

Excerpt: ...ants, which are conflicting claims on the subject bond; Wesco Ins. Co. is a mere stakeholder and has no interests in the subject bond proceeds; although the penal sum had increased to $15,000 in 2016, the increase only applies to homeowner claimants and claimants Green's claim is limited to $7,500 by Business And Professions Code, § 7071.6, because they only claimed damages for construction of a future residence; Financial Pacific Ins. Co.'s ind...

Excerpt: ...amages. Defendant Georgia Wanland moves to compel further responses to special interrogatories, numbers 3, 9‐11, 15‐18, 22, 25, 28, 31, and 34; and requests for production, numbers 1‐4, 6, 7, and 8‐11. Defendant further requests that the court award defendant $15,405.83 in monetary sanctions. Then proofs of service declare that on May 27, 2021 plaintiff was served notice of the hearing and the moving papers by mail to plaintiff's Hillsdal...

Excerpt: ... further seeks recovery of attorney fees and costs incurred to collect the debt as provided in the credit agreement attached to the complaint. Defendant answered by admitting all statements of the complaint, except “Based on Monthly Credit Terms of $3,000. I believe the $31,334.44 is an excessive amount.” The answer also asserted the affirmative defense of the four year statute of limitations. Plaintiff moves for summary judgment /summary adj...

Excerpt: ...d, the motion, the opposition and reply, the court issued its final ruling on the demurrer by adopting the tentative ruling as the final ruling and overruling the demurrer. The clerk mailed the April 7, 2021 minute order adopting the tentative ruling and overruling the demurrer to the parties' respective counsels on April 7, 2021. On April 19, 2021 defendant filed a motion for reconsideration of the ruling overruling the demurrer and to enter an ...

Excerpt: ... in this motion. Plaintiff opposes the motion on the following grounds: plaintiff's objections are appropriate; the special interrogatories are not contention interrogatories, because they are not phrased as “Do you contend that…” with follow‐up questions; plaintiff had no duty to produce any documents in response to request for production number 25, because the objections are appropriate; and monetary sanctions should be denied as there ...

Excerpt: ...cuments on April 29, 2021; to add cause of action for 1st party bad faith (Insurer Bad Faith) based upon the facts already pled and the proposed additional allegations of fact; and to make additions to plaintiff's prayer based upon the newly proposed cause of action for bad faith. Plaintiff argues granting leave to amend is justified for the following reasons: under the circumstances presented, leave to amend was timely sought; defendant will not...

Excerpt: ... all applicable hourly rates and the corresponding number of hours worked at each rate; and that under the cause of action brought under the Private Attorney General' Act (PAGA), plaintiff and the aggrieved employees may recover all applicable civil penalties on behalf of the State. Defendant moves to stay proceedings in this action until the consolidated cases of Phan v. Marshall Medical Center, Case Number PC‐20190029, which was filed on Janu...

Excerpt: ...rust estate; the purported “wild deed”, which purports to transfer the subject real property to Kevin Michael Schilling™ and Donald Joseph Bracco™ as joint tenants is void and invalid in that the grantor set forth in the deed, the defendant purportedly as beneficiary of the Bracco Family Trust, had no right or title to the real property when the transfer was purportedly made; two other documents must be cancelled as the recorded certifica...

Excerpt: ... action on the following grounds: the breach of Civil Code, § 5100 and violation of Civil Code, §§ 5300 et seq. causes of action are fatally defective as the recorded declaration of C,C,&Rs does not allege strict compliance with the requirements of Civil Code, § 4250 to state that the association is a planned development or any facts supporting compliance with Section 4250, which results in the association not being subject to the statutory r...

Excerpt: ...he court took the matter under submission. On September 16, 2019 the court sustained the demurer to the promissory estoppel cause of action without leave to amend and overruled the demurrers to the disability discrimination by failure to accommodate and disability discrimination by failure to engage in the interactive process causes of action. Defendant moves for summary judgment or summary adjudication of the remaining causes of action on the fo...

Excerpt: ...of a dispute arising out of the insurance agreement/policy related to his claim under the uninsured motorist coverage of that policy. Claimant requests that the court appoint either attorney Thomas Spaulding, or Retired Judge Richard Gilbert to arbitrate the dispute. The proofs of service declare that on April 12, 2021 USAA's attorney was served notice of the motion and the moving papers by certified mail and electronic transmission. There is no ...

Excerpt: ...the same transactions and facts as the Second Arbitration but includes parties that are not subject to the agreement to arbitrate, and (b) seeks a judicial declaration that the Final Award in the First Arbitration is res judicata as to the claims asserted by Multi‐Housing in the Second Arbitration.” (Emphasis in original.) (Plaintiff's Memorandum of Points and Authorities in Support of Motion, page 1, lines 5‐10.) Plaintiff asserts that the...

Excerpt: ...us litigants pursuant to Code of Civil Procedure, § 391(b)(1), because Judge McLaughlin entered an order in Tevis v. Mittelstadt, case number PC‐20200273, finding that plaintiffs Tevis were vexatious litigants under Section 391(b)(1) and entering a prefiling order under Section 391.7; the plaintiffs are vexatious litigants pursuant to Code of Civil Procedure, § 391(b)(1), because plaintiffs in the preceding seven‐year period has commenced, ...

Excerpt: ...s to compel production of all documents and things described in Requests for Production, Request Numbers 5, 6 and 18 on the ground that the objections to production lack merit. Plaintiff also requests an award of $7,945 in monetary sanctions. Defendant opposes the motion on the following grounds: defendant's six narrative videos were created by defendant in anticipation of litigation and, therefore, are protected by the attorney‐client privileg...

Excerpt: ...harter, ejectment as plaintiff is entitled to possess the property and defendant remains wrongfully in possession of the property preventing plaintiff California State Grange from enjoying peaceful possession of the property since December 12, 2019, and claim and delivery for personal property that defendant allegedly retained possession of after transfer of the personal property to plaintiff by operation of the Grange laws when the Pleasant Vall...

Excerpt: ...e the motion on the following grounds: defendants suspect that the proposed new plaintiffs who became HOA members after the judgment was entered against the HOA are not liable to pay that judgment against the HOA through any assessment imposed on HOA members, therefore, the 3rd amended complaint fails to state any cause of action of the new plaintiffs against defendants; and, therefore, leave to amend should be denied as the proposed amendment fa...

Excerpt: ...lling out shifted and about eight tables fell on top of him injuring his hip and back. Defendant/Cross‐Complainant American Legion Post 119 (cross‐complainant) filed a 1st amended cross‐ complainant against cross‐defendant Republican Central Committee (crossdefendant) asserting causes of action for indemnity, apportionment of fault, declaratory relief, and breach of contract. Cross‐ Defendant moves for summary judgment on the 1 st amend...

Excerpt: ...laintiff moves for a preliminary injunction prohibiting defendants from altering, damaging or destroying the District's property; prohibiting trespass on district property or trespass to the District's chattels; directing defendants to obtain ingress and egress as the status quo existed prior to the destruction and removal of the District's fencing and gate on April 28, 2021; and barring defendants from blocking, obstructing, or inhibiting plaint...

Excerpt: ...17.1 seeking all facts upon which they based their responses to requests for admission, numbers 3, 7, 31, 48, 60, 63, 73, 77, 81, 82, 83, 85, 86, 87, 91, 96, and 101 and to identify witnesses and evidence to support the responses were evasive and incomplete. Defendants/Cross‐Complainants Kaufman oppose the motion on the following grounds: they have substantially complied with the discovery propounded and are reasonably justified in objecting an...

Excerpt: ...urse and scope of her employment with Safeway, Inc. The proofs of service declare that on March 25, 2021 notice of the hearing and the moving papers were served by mail and email to the plaintiff's counsel and on May 7, 2021 notice of the hearing and the moving papers were served by mail and email to defense counsel. There is no opposition to the motion in the court's file. “If any provision of law confers an unconditional right to intervene or...

Excerpt: ... in addition to the seven hours provided for by statute, for a total time of nine hours of examination by both defendants. Defendant asserts that the extra time is necessary to fairly examine the plaintiff as defendant Aerotek has had no time to examine plaintiff in the 5 ½ hours of the deposition and Aerotek needs at least one hour of time to question plaintiff about his claims against Aerotek; and the extra time is necessary due to other circu...

Excerpt: ... the plaintiff filed the 1st amended complaint. The proofs of service filed on that same date declare that on March 25, 2021 defendant was served the 1st amended complaint by mail to defendant's address of record and by email. Defendant demurs to the complaint on the following grounds: the alleged lease is not attached to the complaint, because the 1st amended complaint alleges the lease expired on September 25, 2020 while the attached lease stat...

Excerpt: ..., LLC and the amended promissory note allegedly executed on September 1, 2019, which was allegedly consistent with a final arbitration award that was pending entry as a judgment in Los Angeles County Superior Court case number 19STCP04266 and included a new payment plan. Plaintiff moves for summary adjudication of the 1st cause of action for breach of contract pled solely against defendant Roundhay Properties, LP and the 2nd cause of action for b...

Excerpt: ...the amount of $3,755. Plaintiffs argue that defendants failed to assert proper objections as they were boilerplate and baseless objections that were inapplicable or without merit; defendants provided only evasive and partial responses; and defendants refused to produce a single document. Defendants oppose the motion on the following grounds: form interrogatory number 8.4 is irrelevant, because defendant Folsom Family & Sports Medicine Group had r...

Excerpt: ...efendants, plaintiffs' failure to pay a portion of the down payment in the amount of $45,000 when due and owing, and the plaintiffs deeding back title to the defendants as provided by the terms of an addendum to the sale/financing agreement, which plaintiffs contend was illegal and void as it allowed defendants to obtain title to the property without resort to the allegedly mandated judicial or non‐judicial foreclosure procedure. Plaintiffs app...

Excerpt: ...isputes raised in this action and to stay this case pending arbitration. Defendants assert: defendants met their burden to prove the existence of the arbitration agreement; plaintiff is bound by the arbitration agreement; the dispute raised in this action falls within the scope of the arbitration agreement as it seeks an adjudication of the validity of the Water Rights and Easement Agreement; there are no grounds to invalidate the arbitration agr...

Excerpt: ...by mail to plaintiff's counsel and defense counsel on March 12, 2021. Acknowledging receipt of further discovery responses before the hearing on the motion, defendant argues that plaintiff has not fully complied with the court's discovery order in that the further responses served prior to the hearing on the motion to compel were deficient as to special interrogatory numbers 16, 19, and 25, and plaintiff has failed to provide compliant amended re...

Excerpt: ...ssociation moves for entry of summary judgment or summary adjudication on the following grounds: plaintiff's membership application contained a release of liability for use of “The Club at Blackstone”, a recreational fitness club managed by defendant Vierramore, Inc., which bars this lawsuit; the action is barred by the doctrine of primary assumption of the risk; and defendants did not engage in conduct that was totally outside the range of o...

Excerpt: ...ts owed no duty of due care to plaintiff as he lacks standing to sue; there are no cognizable claims that defendants caused any damages to plaintiff to a legal certainty as he settled his claims against a third party and retrieved the assets he claims the Trust lost; and all of plaintiff's claims are barred by the applicable statute of limitation. Plaintiff opposes the motion on the following grounds: the court should exercise its discretion to d...

Excerpt: ...g Clark agreed to provide defendant Joshua Williams a loan in connection with a construction project at 2040 West Green Springs Road in El Dorado Hills (“Subject Property”). (Compl., ¶ 9.) Subsequently, Williams convinced Clark to invest in additional construction projects at other properties located on West Springs Road. (Id., ¶ 14.) Clark and Williams amended their original agreement, including that Clark agreed to furnish all necessary f...

Excerpt: ... discovery. (Declaration of Adam Dolce in Support of Motion, Exhibit. B, p. 6.) After back‐and‐forth emails, counsel were not able to resolve the dispute. (Plaintiff's Exhibit B, pp. 1–7.) Thereafter, plaintiff unilaterally noticed Dr. Norman's deposition for February 3, 2021. (Plaintiff's Exhibit A.) On January 25, 2021, Dr. Norman served his objection to the deposition notice asserting that discovery was closed, the deposition was unilate...

Excerpt: ...s entitled to possess the property and defendant remains wrongfully in possession of the property preventing the plaintiff California State Grange from enjoying peaceful possession of the property since December 12, 2019, and claim and delivery for personal property that defendant allegedly retained possession of after transfer of the personal property to plaintiff by operation of the Grange laws when the Pleasant Valley Grange Charter was revoke...

Excerpt: ...ing grounds: all of defendant's alleged conduct involved the underlying family court case in which defendant was appointed as the court ordered reunification therapist to assist the family reunification as part of the court's custody determination and, therefore, are statements made in connection with issues under consideration if the court which are protected activities under Code of Civil Procedure, § 425.16(e)(2); alleged reports are also pro...

Excerpt: ...ary judgment on the following grounds: plaintiff owed no duty to supervise or prevent her son who occupied one of the units from smoking inside or outside his own residence; there is no evidence to support plaintiff's theory that the subject fire started when defendant Vaughn Cook discarded a lit cigarette onto a couch underneath plaintiff's balcony; and plaintiff can not establish that defendants Veronica Cook, the landlord, and her property man...

Excerpt: ...y references to current COVID‐19 protection statutes; the court is prohibited by the COVID‐19 Tenant Relief Act of 2020 from finding a tenant guilty of unlawful detainer before June 30, 2021; plaintiff failed to allege any reason for eviction that meets the requirements of the COVID‐19 Tenant Relief Act of 2020 that allows a court to enter a judgment of unlawful detainer; and terminating a tenancy so that the landlord can move into the hous...

Excerpt: ...upon request of the parties. Plaintiff moves to vacate the conditional dismissal and enter judgment pursuant to the terms of the settlement agreement on the following grounds: while defendant made payments in the amount of $2,600 toward the settlement amount of $9,750, defendant is in default of his obligation to make payments on the remaining settlement balance; on October 15, 2020 plaintiff's counsel emailed defense counsel notice of the defaul...

Excerpt: ...tion of Adam Dolce in Support of Motion, Exhibit. B, p. 6.) After back‐and‐forth emails, counsel were not able to resolve the dispute. (Plaintiff's Exhibit B, pp. 1–7.) Thereafter, plaintiff unilaterally noticed Dr. Norman's deposition for February 3, 2021. (Plaintiff's Exhibit A.) On January 25, 2021, Dr. Norman served his objection to the deposition notice asserting that discovery was closed, the deposition was unilaterally noticed, and t...

Excerpt: ... from a written agreement to furnish labor and materials for improvements to certain real property. On March 4, 2020 defendants Ghalambor and Ehsani as trustees of the Masoud Ghalambor and Ladan Ehsani Living Trust filed a cross‐complaint against defendant/crossdefendant Brown for breach of contract, recovery of money paid to unlicensed contractor, international misrepresentation, negligent misrepresentation, concealment of facts, unfair busine...

Excerpt: ...ot Hill Grange's Charter, ejectment as plaintiff is entitled to possess the property and defendant remains wrongfully in possession of the property preventing the plaintiff California State Grange from enjoying peaceful possession of the property since June 18, 2016, and claim and delivery for personal property that defendant allegedly retained possession of after transfer of the personal property to plaintiff by operation of the Grange laws when...

Excerpt: ...ndants' demurrer to the complaint. Request for Judicial Notice Defendants' request for judicial notice (“RJN”) of Exhibits 1 and 2 is granted. (Evid. Code §§ 452(d)(1), (h) and 453.) Allegations of the Complaint Plaintiffs are named beneficiaries of the Trust, along with their brother Thomas Hubbard.2 (Compl., ¶ 1.) Plaintiffs have pending petitions against Thomas in the probate court (EDC Superior Court Case No. PP‐20190244) arising fro...

Excerpt: ...irst consider and rule on the motion for change in venue and if it is determined that the case properly remains in the El Dorado County Superior Court, the court will consider and rule on the motion to set aside defaults. Plaintiffs move to change venue to another County. Plaintiffs argue that the change of venue is necessary under Code of Civil Procedure, 397(b) as there is reason to believe plaintiffs can not have a fair and impartial trial in ...

Excerpt: ...y binding arbitration. Cross‐Defendant Aerotek argues in support of the petition: cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power and cross‐defendant Aerotek entered into a services agreement on October 16, 2016 wherein cross‐defendant Aerotek was to provide to cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power one or more contract employees as requested by cross‐complainant Hosporo Corp d.b.a. Horizon Solar Power fro...

Excerpt: ...ered by the amendment, because plaintiff Phan does not have standing to assert the PAGA cause of action, while the proposed PAGA representative does have standing; adding the PAGA cause of action and representative will allow for superior representation of defendant's employees and further PAGA purposes in prosecuting and deterring Labor Code violations; public policy weighs in favor of granting the motion; the proposed 1st amended complaint does...

Excerpt: ... court sustained defendants Wells Fargo Bank and Fay Servicing, LLC's respective demurrers to the initial complaint with leave to amend, with the exception that defendant Fay Servicing, LLC's demurrer to the 11th cause of action for violation of the Homeowners Bill of Rights (HBOR) statutes was sustained without leave to amend on the ground that it was preempted by the Federal Home Owners Loan Act (HOLA) as the subject loan was originated by Worl...

Excerpt: ... contract that the landlord shall not be liable to the plaintiff tenant for injury or death as a result of the tenant's use of the property or premises, even if such injury is caused by active or passive negligence or omissions or negligence of the landlord, landlord's agents or employees, manager, or manger's employees. The tentative ruling on the motion for summary judgment was to grant the motion and enter judgment in favor of defendant Smart ...

Excerpt: ... and suffered traumatic brain injury, which requires continued medical treatment; he has a substantial interest in the action; granting preferential setting of the trial date is necessary to prevent prejudicing his interest in the litigation; and defendants will not be prejudiced by the preferential trial setting as plaintiff has produced all his available medical records and he is available for deposition and a defense medical exam on shortened ...

Excerpt: ...ated to injuries plaintiff allegedly sustained in a motor vehicle accident that occurred on Highway 49. Defendant California Dept. of Parks and Recreation demurs to the two causes of action on the following grounds: the 2nd amended complaint fails to allege sufficient facts to constitute a cause of action for vicarious liability under Government Code, § 815.2; the 2nd amended complaint fails to allege sufficient facts to state a cause of action ...

Excerpt: ...rator decided on August 31, 2020 that the matter was properly venued in arbitration, and plaintiff refuses to dismiss the civil case. Attached to the motion as Exhibit A is a copy of the agreement, which includes an arbitration provision that states: in consideration of plaintiff's employment with defendant Pacific Union Financial, LLC, plaintiff agreed that any and all disputes that involve or relate to her employment, or termination of employme...

Excerpt: ... 1st amended complaint against defendant asserting a negligence cause of action for injuries allegedly sustained on defendant's business premises when plaintiff allegedly fell from the top of a table as she got off a chair on top of the table after the plaintiff's employees adjusted a pair of ski boots she was interested in purchasing. Defendant moves to compel further responses to requests for production, request numbers 1, 2, 13, and 25; and pr...

Excerpt: ...on to the South Lake Tahoe Session of the El Dorado County Superior Court on the ground that defendant resides in South Lake Tahoe and the incident allegedly occurred in South Lake Tahoe. Defendant Rodeway Inn Casino Center's counsel declares: to require trial of the matter in Cameron Park would add substantially to the cost of trial and greatly inconvenience all the parties and witnesses; during the course of trial, counsel will request the cour...

Excerpt: ... 2013: defendants David Sisson and Stacy Sisson were served the summons, complaint, ADR package, civil case cover sheet, notice to litigants, and blank case management statement by substituted service at their home located at a specific address in Shingle Springs, CA by serving John Doe occupant at that address at 9:40 a.m. on July 8, 2013 after two prior attempts to serve them at that address with an occupant claiming on May 26, 2013 that the de...

Excerpt: ...agreed to arbitrate all disputes that may arise out of the employment context. Defendants argue: the agreement executed by plaintiff provides for binding arbitration of any claim, dispute, and/or controversy that either party may have against one another, including any FEHA discrimination or harassment claims, which would otherwise require or allow resort to any court or other governmental dispute resolution forum between the employee and the Com...

Excerpt: ...n of Civil Code, § 5100 cause of action on the following grounds: the violation of Civil Code, § 5100 cause of action fails to allege sufficient facts to state a cause of action and is fatally uncertain; the plaintiffs failed to cure the defect identified in the ruling on the demurrer to that cause of action in the 1st amended complaint of failure to allege the damages sustained by the defendants as individual members; and the individual plaint...

Excerpt: ... defendant named in the action was defendant Blain Stumpf who was allegedly liable as the alter ego of defendant BST Services Inc., d.b.a. Blain Stumpf Trucking. Case numbers PC‐201090427 and PC‐ 20200464 were consolidated with PC202190427 designated the lead case. Defendant Stumpf demurs to the negligence cause of action on the following grounds: owners of small business corporations are not personal guarantors of every tort of those corpora...

Excerpt: ...ons of conversion are conclusionary and he is only mentioned by name in paragraph 37; and cross‐defendant Matthew Schneider was totally uninvolved with the contract between the cross‐ complainant and cross‐defendant Tiana Schneider. Cross‐Complainant opposes the demurrer on the following grounds: cross‐defendant failed to attempt to meet and confer prior to the filing of the demurrer; the conversion cause of action against cross‐defen...

Excerpt: ...y the arbitration award.” (Code of Civil Procedure, § 1285.) “A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner.” (Code of Civil Procedure, § 1288.) “A...

Excerpt: ...ned that there was an enforceable oral shareholder agreement between the three parties in this action for equal shareholder interests in the subject corporation, the contract continues to the present day, and the action against defendant is not time‐barred. The Phase Two trial date on the remainder of the case will be re‐set at an upcoming trial setting conference. Defendant Hamid moves for the court to issue an order declaring a mistrial of ...

Excerpt: ... Country Homeowners' Association, Randall Benton, Charlene Ott, and Robert Vannucci in case number PC‐20170366 asserting that they breached their warranty of authority to enter into the MOU that resulted in the Bowmans' entitlement to use of the subject road. After the conclusion of a five day court trial the court issued its ruling after trial on January 1, 2019. The Judgment was entered on April 12, 2019 in favor of the Bowmans on the complai...

Excerpt: ...suance of a prejudgment writ of possession. Plaintiff's Director of Resolution and Recovery declares the following in support of the application: on February 22, 2018 plaintiff and defendant entered into a written rental purchase agreement wherein defendant received possession of a portable storage building, plaintiff retained ownership of the building until paid in full, and after full payment defendant would acquire ownership; pursuant to the t...

Excerpt: ...C. Plaintiff filed a complaint asserting a breach of promissory note cause of action against defendant Thirty Three Thirty Three, LLC and a breach of guarantee cause of action against defendants Thomas and Fishman. On November 13, 2021 the court issued temporary protective orders against defendants that secured the amount of $40,000, which expired by its terms 40 days later. (See Temporary Protective Orders, paragraphs 3.d.(3).) Plaintiff seeks i...

Excerpt: ...a Clara County Superior Court on the following grounds: the subject accident allegedly occurred in Santa Clara County; no treating health care providers reside in El Dorado County; two witnesses identified by plaintiff reside in Santa Clara County; an additional witness resides in Alameda County, which is adjacent to Santa Clara County; despite having alleged in the complaint that plaintiff resides in El Dorado County, plaintiff testified in his ...

Excerpt: ...on submitted in support of the motion as Exhibit A is an unexecuted copy of the alleged agreement, which includes an arbitration provision that states: “You and Serrano Country Club agree to resolve any and all claims arising out of or related to your employment application, or candidacy for employment, or if hired, any claim related to your employment or employment termination exclusively through final and binding arbitration before a neutral ...

Excerpt: ...or booby‐ trapping the rental premises. The TRO expires on February 19, 2021. On that same date the court issued an OSC directed at defendant to show cause why the court should not issue an order restraining and enjoining defendant during the pendency of this action from blocking, obstructing, or booby‐trapping the subject residence; and removing all boxes barricading the rental premises and a trip wire across the path leading to the rental p...

Excerpt: ...dant GoldLine Brands, Inc. (6) Application for Right to Attach Order and for Writ of Attachment Re: Defendant Roundhay Regional Center, LLC. (7) Defendant Osur's Claim of Exemption. (8) Defendant Haley's Claim of Exemption. Applications for Right to Attach Orders and for Writs of Attachment Re: Defendant Haley, Defendant Osur, and Defendant Roundhay Properties, LP Plaintiff filed a 1 st amended complaint against numerous defendants asserting the ...

Excerpt: ...ities Code, § 2106; breach of implied warranty of fitness for a particular purpose; and loss of consortium. Defendant Liberty Utilities demurs to all causes of action on the following grounds: plaintiffs can not establish a negligence cause of action, because there is no evidence to support a finding that defendant Liberty Utilities breached any duty owed to them as defendant exercised the degree of ordinary care that can be reasonably be expect...

Excerpt: ...South Lake Tahoe for the sum of $80,000 with the escrow to close on or before September 30, 2017. Defendant moves for entry of judgment on the pleadings without leave to amend on the following grounds: the court can not order specific performance of the terms of the agreement, because the agreement expressly required that the escrow on the transfer of the real property interest was to close by September 30, 2017 and it is now impossible for any s...

Excerpt: ...f emotional distress, negligent interference with prospective economic advantage and tort of another causes of action of the cross‐complaint of cross‐complainant Legacy Family Adventures with ten days leave to amend and dropped the motion to strike that pleading as moot. The 1st amended cross‐ complaint was filed on October 19, 2020. The proof of service of notice of entry of the order declares that the order was served by email on the inte...

Excerpt: ...dant GoldLine Brands, Inc. (6) Application for Right to Attach Order and for Writ of Attachment Re: Defendant Roundhay Regional Center, LLC. TENTATIVE RULING # 3: THESE MATTERS ARE CONTINUED TO 8:30 A.M. ON FRIDAY, FEBRUARY 5, 2021 IN DEPARTMENT NINE. Law and Motion Calendar – Department Nine (8:30 a.m.) January 22, 2021 4 4. VU v. FEITSER PC‐20180223 Plaintiffs' Motion to Compel Responses to Requests for Production and Special Interrogatorie...

Excerpt: ...unds: plaintiff failed to allege facts of intent to cause injury; the despicable conduct allegations are pled in a conclusory fashion; driving while old and in deteriorating health is not despicable conduct; the only behavior alleged in the complaint is alleged negligence conduct while defendant was old; the alleged facts do not support the kind of vile and contemptible conduct by defendant that is required to claim punitive damages for the motor...

Excerpt: ...tive damages Defendants Michael Shinall and Patricia Shinall (Defendants Shinall) in a single motion demur to the 1st cause of action for negligence and 6th cause of action for intentional infliction of emotional distress and move to strike the punitive damages allegations. The court will address the arguments related to the motion to strike in the motion to strike portion of this ruling. Defendants Shinall demur to the 1st cause of action for ne...

Excerpt: ...s on the following grounds: defendant GoldLine Brands, Inc. can not maintain demurrers to the fraud and deceit, negligent misrepresentation, and conversion causes of action, because it is a suspended corporation that may not defend itself against this action; and the 1st amended complaint sufficiently alleges a breach of contract cause of action against defendant Raas, because he was not an agent or vice‐ president of defendant Roundhay Partner...

Excerpt: ...king the lease agreement illegal; defendants' continued tenancy is protected by Civil Code, § 1511 as defendant has been ordered to shelter in place due to COVID‐19 and his ability to pay rent has been impaired; the three day notices were improperly served in that they were not served by mail; and plaintiff failed to follow the requirements of the COVID‐19 Tenant Relief Act of 2020 as the plaintiff incorrectly stated on the mandated Judicial...

Excerpt: ...nt was received on March 28, 2019. Defendant answered the complaint by Judicial Council Form (Form PLD‐C‐010.) The form answer admits all of the allegations of the complaint, except paragraph 10.a, which defendant asserts is false. Paragraph 10.a. prays for damages in the amount of $8,269.80. Defendant did not assert any affirmative defenses to the action. Plaintiff moves for entry of judgment on the pleadings on the grounds that the complain...

Excerpt: ...tion because plaintiff failed to notify the defendant in the 30 day notice of termination of tenancy the ground for termination in order to comply with the COVID‐19 Tenant Relief Act of 2020 as set forth in Code of Civil Procedure, § 1179.03.5(a)(3). Plaintiff opposes the demurrer on the following grounds: the mandate to provide a reason or cause for termination is set forth in Civil Code, §§ 1946.2, et seq. only applies to notices of termin...

Excerpt: ...fails to specify the exemption from increases and just cause eviction control and the purported just cause reason for eviction; the 60 day notice is, uncertain, vague, and ambiguous, because plaintiff alleges it was served on February 26, 2020 and it expired on February 26, 2020; and since plaintiff requested an award of attorney fees and costs in the prayer of the complaint, defendant is entitled to an award of attorney fees and costs in bringin...

Excerpt: ...fendant has refused to leave the subject accessory dwelling; and plaintiff has plans to move her 97 year‐old mother into the accessary dwelling, which leaves her mother living alone in Redding and plaintiff needs her closer to care for her. Defendant demurs to the complaint on the following grounds: the complaint fails to allege any one of the statutory reasons allowing for eviction under the COVID‐19 Tenant Relief Act of 2020; the plaintiff ...

Excerpt: ...o sustain the demurrer without leave to amend. Plaintiffs oppose the demurrer on the ground that the COVID‐19 Tenant Relief Act of 2020 does not apply to commercial real estate. General 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 Procedur...

Excerpt: ...e served on plaintiff on June 22, 2020; defense counsel claimed that the defendant estate had no personal knowledge regarding the underlying facts; and despite a request for responses and production, deceased defendant David Rottman's estate failed to provide verifications for the responses. Plaintiff moves to compel answers to interrogatories and production of documents without objections; and to deem admitted the requests for admission. Plainti...

Excerpt: ... and Kim Fazio filed a 3rd amended complaint against defendant Federal Home Loan Mortgage Corp. and others asserting causes of action for cancellation of documents, fraud and slander of title related to the foreclosure sale of plaintiff's real property in 2014. Defendants JP Morgan Chase Bank's and Federal Home Loan Mortgage Corp.'s Counsel declares: on April 15, 2020 plaintiff Kim Fazio responded to form interrogatories and requests for admissio...

Excerpt: ... on the ground that the causes of action are barred by the plaintiff's express assumption of the risk by agreeing in the rental contract that the landlord shall not be liable to the plaintiff tenant for injury or death as a result of the tenant's use of the property or premises, even if such injury is caused by active or passive negligence or omissions or negligence of the landlord, landlord's agents or employees, manager, or manger's employees. ...

Excerpt: ...a person in exchange for a controlled substance, the proceeds was traceable to such an exchange, and the money was used or intended to be used to facilitate a violation of various provisions of the Penal Code and Health and Safety Code. The People pray for judgment declaring that the money is forfeited to the State of California. On November 23, 2020 respondent Esquivel filed a verified claim opposing the People's request for forfeiture. “The f...

Excerpt: ... judgment. Trial is set to commence in Singh v. Hamid on January 14, 2021. On June 26, 2020 plaintiff Hamid filed an action for involuntary dissolution of Fuel 4 Less, Inc. The 1st amended complaint for involuntary dissolution was filed on September 3, 2020. A case management conference is set for December 14, 2020. There is no trial date set. Citing Code of Civil Procedure, § 404.05 [sic] and Rules of Court, Rule 3.515, defendants move to eithe...

Excerpt: ... court's file declares that on October 16, 2020 notice of the hearing and copies of the moving papers were served by mail on counsels for the remaining interested parties. There is no opposition to the motion in the court's file. Plaintiff's counsel declares in support of the motion that all parties have stipulated to the motion for leave to amend and no party has objected to any of the proposed changes. An authenticated copy of the executed writ...

Excerpt: ... asserting causes of action related to the exact same three car collision that is the subject of the El Dorado County Superior Court case. Defendants move for coordination of the two cases. The proof of service declares that all individual defendants in each of the cases and plaintiffs in each case were served notice of the hearing and a copy of the moving papers by mail on August 30, 2020. Plaintiff Ruiz concedes that she has not served the summ...

Excerpt: ...been done. The moving defendant landlords move for summary judgment or summary adjudication on the grounds that summary judgment is mandatory, because plaintiffs have admitted that defendants lacked actual or constructive notice of a dangerous condition at the subject premises, plaintiff Todd Sperry did not sustain an actionable injury as his claim for negligence fails due to the responses to the requests for admission, and the loss of consortium...

Excerpt: ... 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 demur to the 2nd, 4th 5 th, 6th , and 7 th causes of action for declaratory relief, breach of contract, negligent breach of contract, negligent breach of fiduciary du...

Excerpt: ... August 26, 2020 plaintiff filed a motion for leave to file a 1st amended complaint. Plaintiff moves for leave to amend the complaint to add a cause of action for elder abuse against defendant. A proposed 1st amended complaint has been submitted. The proof of service in the court's file declares that on August 26, 2020 notice of the hearing and copies of the moving papers were served by email to defense counsel. Defendant Mendonsa filed her oppos...

Excerpt: ...); breach of fiduciary duty; and violation of Civil Code, §§ 2923.7 and 2924.11. Defendant Kay Servicing, LLC demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on the following grounds: plaintiff adequately alleged a contract was assigned to defendant Fay Servicing, LLC and that Fay Servicing, LLC breached the implied covenant of good faith and fair dealing arising from that contract; plaintiffs have adequately ...

Excerpt: ...the settlement is in good faith. The proof of service filed with the court declares that the parties were electronically served notice of the hearing and copies of the moving papers on October 6, 2020 by LEXIS/NEXIS File & Serve. 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 ...

Excerpt: ...od cause as held in Shapira v. Superior Court (1990) 224 Cal.App.3d 1249; mental examinations do not need to be completed within a specified time limit, such as the single eight hour period plaintiff demanded, which is arbitrary, fails to take into account the legitimate and significant purpose of the IME given the serious and ongoing nature of plaintiff's alleged psychological injuries and plaintiff has not provided a reason to shorten the time ...

Excerpt: ...ontractor and property owners during remodel construction at defendants Sewells' property. Defendants Sewell move for summary judgment or summary adjudication of the negligence and negligent hiring, training, supervision, and/or retention causes of action pled against them on the following grounds: the Privette Doctrine bars this action against defendants Sewell, because defendants Sewell didn't exercise control over the safety conditions of the ...

Excerpt: ...e court's denial of the motion to stay foreclosure. The court in denying reconsideration found that not only was there no emergency justifying ex parte relief, there is no new evidence presented. On September 10, 2020 plaintiffs filed a motion to reconsider the court's August 19 2020 denial of the motion for TRO. Plaintiffs request that the court order that the nonjudicial foreclosure sale on August 18 2020 was void; that plaintiffs be allowed to...

Excerpt: ...cil Form (Form PLD‐C‐010.) The plaintiff checked the portion of the form answer wherein plaintiff admitted all statements of the complaint, except: ”Defendant claims the following statements are false (use paragraph numbers or explain): that all demands and request be discharged and request to dismiss the case. I Dont [sic] Agree with all paragraphs and all exhibits need to dismiss this case.” (Emphasis in original.) Plaintiff moves for e...

Excerpt: ...nt is in default of defendant's obligation to make monthly payments in that defendant failed to make the payment due and owing on December 26, 2019; and according to the terms of the agreement, plaintiff is entitled to entry of judgment in the amount of $2,872.74, which represents the principal amount of $3,015.74 plus court costs of $357, less credits in the amount of $500 for previous payments. The proofs of service declare that on September 16...

Excerpt: ...e requests for admission set one propounded upon plaintiffs by defendants Shirey, Brueck, and Shirey‐ Brueck, a general partnership. After objecting to the requests as premature as the plaintiffs have not had an adequate opportunity to conduct investigation and discovery and that it calls for premature disclosure of expert opinions, plaintiffs admitted the following subject to those objections: plaintiffs have no facts to establish that the lan...

Excerpt: ...complaint will run from that date. Preliminary Observations These motions represent a considerable failure by the attorneys to meet and confer properly. While some of the topics in today's rulings are genuinely contested, a number of the points covered are expressly or implicitly uncontroversial, and should have been handled simply by amendment or stipulation without bringing them before the Court. These include (1) plaintiffs' motion for leave t...

Excerpt: ... course of action and it was not feasible to focus on preserving the oak woodland within the Highway 50 corridor. In the 137 page tentative ruling incorporated as Exhibit 1 of the judgment and order the court specifically rejected all grounds raised by the petitioner in its challenge to the EIR, except as to the portion of the FEIR/EIR related to the determination of where to focus mitigation of loss of oak woodlands – whether to focus on Highw...

Excerpt: ...to all three causes of action on the following grounds: plaintiff did not sufficiently allege the terms of the subject contract and did not attach a copy of the purchase agreement to the complaint, therefore the breach of implied warranty and express warranty causes of action are fatally defective; the fraud cause of action fails in that plaintiff did not allege he purchased the vehicle directly from defendant General Motors, LLC, or that he view...