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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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...