Excerpt: ...e the portion of the 1st amended complaint wherein plaintiffs allege: “Defendants' acts and omissions, as described above, were oppressive, fraudulent, and/or malicious and plaintiffs are therefore entitled to an award of punitive damages in amounts to be proven at trial.” After hearing oral argument by the parties at the hearing on the anti‐SLAPP notion on August 28, 2020, the court took the matter under submission. On September 1, 2020, t...

Excerpt: ...efendant also states that inasmuch as plaintiff has agreed in meet and confer efforts that the claim for attorney fees be stricken, the court should direct that any amendment of the complaint should eliminate plaintiff's claim for attorney fees. Plaintiff opposes the demurrer on the following grounds: Section 7159 does not apply to the alleged contact as it is a new home construction contract; and the 2nd cause of action is not uncertain. Defenda...

Excerpt: ... brokering residential mortgage loans, placed mortgage loans with plaintiff as the lender. (FAC, ¶¶5‐6.) On one occasion, in March 2018, defendants contacted plaintiff with an opportunity for plaintiff to lend money at the annual rate of 16%, to be paid in advance at close of escrow. The note would be secured by deed of trust on a residential property in Santa Monica, California. Plaintiff agreed to loan the funds on these terms, and deposite...

Excerpt: ...dgment. The history and allegations of this dispute were recounted in detail in the Court's prior demurrer ruling and need not be repeated here. And indeed, the legal arguments raised here were largely disposed of in the prior ruling, and need not be repeated in full detail. The SAC at most adds a few bells and whistles to plaintiff's fatally defective theories. But they do not save the theories from their defects. First Cause of Action: Taxpayer...

Excerpt: ...ach of fiduciary duty, and (11) violations of Civil Codes. Pending is Wells Fargo's demurrer to the complaint. Standard of Review A demurrer is directed at the face of the complaint and to matters subject to judicial notice. (Code of Civ. Proc. § 430.30, subd. (a).) “It is not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which he describes the defendant's conduct. A demurrer tests on...

Excerpt: ...iff County's attorney represented that all documents had been emailed to defendant. Defendant stated that he had already been arrested and saw no need for an injunction. The court granted the ex parte application and set the hearing on the OSC Re: Preliminary Injunction for 8:30 a.m. on Friday, October 16, 2020 in Department Nine. The court further issued an OSC directing defendant to show cause why he should not enjoined and restrained from comm...

Excerpt: ...nuary 10, 2020 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 ...

Excerpt: ...17.1. Defendants request sanctions in the amount of $3,177.50. Defendants' Objection to Joint Responses As an initial matter, defendants object to plaintiffs' discovery responses on the basis that they served improper joint responses. Specifically, a set of discovery requests were separately served to Randy Baugh and Corbie Baugh, although the content of each set was identical. (Declaration of Benjamin Tagert in Support of Motion, ¶ 5 & Exs. A, ...

Excerpt: ...r to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.' [Citations.]” (Int'l Shoe Co. v. Washington (1945) 326 U.S. 310, 316.) Personal jurisdiction may be founded on either general jurisdiction or specific jurisdiction. (Rano v. Sipa Pres...

Excerpt: ...y Martin's demurrer to the second cause of action for fraud. Defendant Martin demurs to the fraud cause of action on the following grounds: Martin was acting solely in his capacity as CEO of defendant Lifeprint Products, Inc., and the Consulting Agreement is clear as to the identity of the contracting parties; the alleged misrepresentations do not concern past or existing facts, but rather are opinions or speculation as to future events; the FAC ...

Excerpt: ...tively. The Court Clerk entered defaults against them both on July 31, 2020 as requested by plaintiffs. Twenty days after entry of the defaults, the County of El Dorado filed a motion to set aside the defaults on the following grounds: the defaults are void as they were taken against departments of the County that do not individually have any capacity to sue or be sued; plaintiffs failed to properly serve a copy of the summons and complaint on th...

Excerpt: ...laim with the California Labor and Workforce Development Agency (LWDA), the claim is attached as Exhibit 1, plaintiff paid the filing fee to the LWDA, and mailed notice to defendant by certified mail, return receipt requested. Plaintiff further alleges in paragraph 3 of the Complaint that defendant executed the return receipt, it is attached as Exhibit 2, and plaintiff did not receive any indication from the LWDA that it intended to investigate t...

Excerpt: ...ounds: the breach of contract cause of action states it is against Tiffany Schneider (See Cross‐Complaint, page 5, line 2, Designation of Breach of Contract Cause of Action as being Against Tiffany Schneider and Roes 1‐ 10.) and then alleges the conduct that breached the contract was due to Tiana Schneider's refusal to pay invoices for cross‐complainant's design services in full in accordance with the agreement; there are no specific allega...

Excerpt: ...on already asserted in the initial complaint. Defendant opposes the motion on the following grounds: the proposed 1st amended complaint fails to allege sufficient facts to state any cause of action against Gary Ross; the plaintiff only alleges that Mr. Ross is the spouse of Marilyn Ross, who is named as a defendant in this action; the proposal to add Gary Ross as a defendant is merely retaliatory in nature, because plaintiff's husband is a named ...

Excerpt: ...laint, defendant Luhrs instead filed a separate action against plaintiff Crawford on April 10, 2020. (Luhrs v. Crawford, Case Number PC‐ 20200192.) On July 20, 2020 defendant Luhrs filed a motion for leave to file a compulsory crosscomplaint in this action. Defendant argues that while there has been delay seeking relief to file the cross‐complaint, she has acted in good faith. Defendant also states she will voluntarily dismiss case number PC ...

Excerpt: ...ued due to the public health crisis and was finally advanced and set to commence on May 29, 2020. The March 19, April 9, and April 22, 2020 ex parte minute orders continuing the hearing were emailed to the parties. The ex parte minute orders state that the address to which the minute orders were emailed to defense counsel was [email protected]. The hearing on the petition commenced on May 29, 2020. Defendant did not appear. Testimony was pr...

Excerpt: ...pursuant to Code of Civil Procedure, § 664.6; and agreed that the matter may be dismissed pursuant to Section 664.6. It appears that the individual parties executed the agreement. On August 5, 2020 the court dismissed the action upon request of the plaintiff and upon request of the parties retained jurisdiction pursuant to the provisions of Code of Civil Procedure, § 664.6 to enforce the stipulation for conditional entry of dismissal. The settl...

Excerpt: ... the alternative, summary adjudication of each of the three causes of action. Cross‐Complainants argue they are entitled to entry of summary judgment or summary adjudication on the following grounds: cross‐complainants are entitled to entry of declaratory relief, because it has been established as matter of law by the evidence presented that the subject grant deed is void, the clear and unambiguous provisions of the fully integrated option ag...

Excerpt: ...e 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. Plaintiffs filed an ex parte motion to appoint a receiver and for injunctive relief. The court set a noticed hearing date, rather that ruling on the matter ex parte. After being exhaustively briefed, hearing oral argument on January 31, 2020, and counsel for defendan...

Excerpt: ... a judicially supervised settlement under Section 664.6. The action against Gregory Schaefer was voluntarily dismissed with prejudice upon plaintiff's request on May 21, 2020. The request for dismissal did not include a statement that the court retained jurisdiction to enforce the settlement. Plaintiff seeks to vacate or modify the dismissal on the ground that due to mistake, inadvertence, or excusable neglect plaintiff's counsel failed to includ...

Excerpt: ...s entered against defendant in the amount of $21,719.37. Defendant moves to vacate and set aside the default pursuant to Code of Civil Procedure, § 1788.61(a)(1) on the ground that he was never properly served with the summons and complaint. The proof of service in the court's file declares that notice of the hearing and a copy of the moving papers were served on plaintiff's counsel by mail on July 7, 2020. Plaintiff opposes the motion on the fo...

Excerpt: ...public property cause of action of the cross‐complaint without leave to amend, and sustained the demurrer to the breach of contract cause of action of the cross‐complaint with ten days leave to amend. The 1st amended cross‐complaint was filed. Cross‐Defendant People demurred to the 1st amended cross‐complaint. The demurrer was dropped upon request of the People after the 2nd Amended Cross‐Complaint was filed on January 29, 2020. The P...

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: ...fendant Marshall Medical Center did not breach the standard of care regarding plaintiff and defendant Marshall Medical Center did not cause plaintiff's alleged injuries for which he seeks damages. On July 6, 2020 plaintiff filed a statement of non‐opposition to the motion. Motion for Summary Judgment Principles “For purposes of motions for summary judgment and summary adjudication: ¶ * * * (2) A defendant or cross‐defendant has met his or ...

Excerpt: ...ued due to the public health crisis and was finally advanced and set to commence on May 29, 2020. The March 19, April 9, and April 22, 2020 ex parte minute orders continuing the hearing were emailed to the parties. The ex parte minute orders state that the address to which the minute orders were emailed to defense counsel was [email protected]. The hearing on the petition commenced on May 29, 2020. Defendant did not appear. Testimony was pr...

Excerpt: ...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 Highway 50 corridor land to ma...

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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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; ...

Excerpt: ...that Trust; and after decedent's death he recorded a deed that he executed purportedly as a beneficiary of the Trust which purports to convey the real property to himself and decedent Donald Joseph Bracco ™ as joint tenants, a certification of the Bracco Living Trust executed by defendant Schilling, and a UCC‐1 financing statement by and between decedent and defendant. Defendant/Cross‐Complainant filed a cross‐complaint against plaintiff ...

Excerpt: ...ntiffs to produce documents at the depositions; the documents requested were the same or similar to the documents previously requested; plaintiffs eventually appeared for their depositions, however, they failed to produce any of the requested documents; and despite a request for responses and production, plaintiffs failed to provide any responses to the discovery propounded. Defendants Tenth Hall, Inc. and Carter move to compel responses to the r...

Excerpt: ...ers to the declaratory relief, breach of contract, breach of the implied covenant of good faith and fair dealing, and accounting causes of action of the 1 st amended complaint. The hearing was continued to August 16, 2019 for a long cause oral argument and later advanced to August 15, 2019. Due to a medical emergency, the hearing on oral argument was continued to September 13, 2019. On August 23, 2019 plaintiff filed a motion for leave to file a ...

Excerpt: ...o pay for legal services rendered in a dissolution action, monthly billing statements were sent to plaintiff, and plaintiff failed to pay the fees due and owing; and there remains no triable issues of material fact as to plaintiff's entitlement to payment of the balance due and owing for such legal services. The proofs of service declare that on November 26, 2019 the notice of motion and moving papers were served by overnight/express mail on defe...

Excerpt: ...an account stated in monthly billing statements transmitted to defendant at the address provided by defendant and defendant promised to pay the amounts listed on the monthly bills by keeping and utilizing the card; by failing to object to the amount due and owing on each bill, defendant manifested his agreement that the amount listed on the billing statement was correct; at the special request of defendant, plaintiff lent money and rendered servi...

Excerpt: ...mplaint in this action on November 15, 2018. The first amended complaint was filed on July 25, 2019. The first amended complaint asserts the following causes of action against defendants Monica Kohs, Kelly Ramsey, and Elizabeth Pintar: to quiet title; to cancel the recorded 2007 amended land coverage transfer agreement between Janet Ney Walker and Monica Kohs, which amended the 2004 agreement between them that reserved ownership of certain land c...

Excerpt: ...rules and regulations on the ground that defendant complied with the notice within 24 hours of service, leaving no ground to terminate defendant's tenancy. On November 13, 2019 the action was dismissed without prejudice upon request of plaintiff. A proof of service declares that on December 19, 2019 defendant filed and served on plaintiff's counsel a memorandum of costs seeking recovery of $180 in costs for filing and motion fees. There is no mot...

Excerpt: ...Baugh filed and served the 1st amended answer to the cross‐complaint. When any ground for objection to an answer 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 party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or...

Excerpt: ...geable person could not state under oath that the documents that were produced were all the documents responsive to the document categories requested, because he did not search and compile the documents produced and admits that the response to the requests for production did not comply with what the plaintiff wanted in the requests, because there are more documents at their facility that were not produced at the deposition. (Plaintiff's Exhibit C...

Excerpt: ...r, and the Morgan Stanley branch manager: financial elder abuse; negligence, negligent supervision, negligence per se, violation of Business and Profession Code, §§ 17200, et seq., fraudulent concealment, breach of fiduciary duty, recovery of assets, subpoena for all financial records, and violation of Corporate Securities Code, §§ 25400 and 25500, et seq. The causes of action are premised upon allegations of improper management of the Trust'...

Excerpt: ... Council Form (Form PLD‐C‐010.) The form answer admits all facts alleged in the complaint, except “the amount owed” and defendant has only submitted the following statement in answer to the complaint: “I was up to date on payments prior to unforseen [sic] financial hardships after relocating to California. It is not that I didn't want to stay current with payments I am unable to pay. I owe the IRS over 10,000[sic] and they have placed m...

Excerpt: ...dicial Council Form (Form PLD‐C‐010.) The form answer does not deny the allegations of the complaint and defendant has only submitted the following statement in answer to the complaint: “That plaintiff is willing to work with defendant and allow a reasonable monthly payment, that will not cause financial hardship, until the payment of $3,915.34 is paid in full. Defendant has attached a copy of the letter that was mailed to the plaintiff, Se...

Excerpt: ...utsche Bank, MERS, and Ocwen Loan Servicing, LLC demur to all causes of action on the following grounds: the Rosenthal Fair Debt Collection Practices Act does not apply to foreclosure proceedings; plaintiff's allegation that defendant Deutsche Bank engaged in outrageous conduct by pursuing foreclosure without legal authority is contrary to facts that are the proper subject of judicial notice that an assignment of the deed of trust to Deutsche Ban...

Excerpt: ... The court determined 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. A jury trial is set to commence on March 10, 2020 on the remaining issues in this litigation. On November 25, 2019 plaintiffs filed a motion for preliminary injunction to b...

Excerpt: ... the notice of entry of the ruling was served on plaintiffs' counsel by mail. Arguing that the plaintiffs have not complied with the court's discovery order, defendants move for an order imposing the terminating sanction of dismissal of plaintiff's action with prejudice for plaintiff's failure to comply with the court's order compelling discovery responses, or, in the alternative, to impose issue sanctions, evidentiary sanctions, or additional di...

Excerpt: ...mits that plaintiff only worked for plaintiff on the date of the subject incident, therefore, plaintiff is excluded from the definition of employee of the homeowner under Labor Code, § 3352(a)(8); and the 5th cause of action is uncertain due to plaintiff's allegation that in paragraph 54 of the complaint that “Defendants employed plaintiff on the day of the subject incident.” Plaintiff opposes the motion on the following grounds: the complai...

Excerpt: ...overed evidence establishes that he did not own any interest in the Lee Family 6 Children Trust, LLC; he exercised reasonable diligence to discover and produce the evidence at trial; and the evidence was material to defendant's defense against an award of punitive damages. Plaintiffs argue in opposition: the motion should be denied, because defendant failed to timely serve the moving papers on plaintiffs; defendant is not entitled to a new trial,...

Excerpt: ...ff moves pursuant to the provisions of Code of Civil Procedure, § 473(b) to vacate the default and default judgment entered in its favor on the ground that the entry of default and a default judgment was obtained as a result of plaintiff's mistaken belief that it was a valid account and plaintiff has now confirmed to its satisfaction that the account was opened and/or used fraudulently. Plaintiff's counsel declares: the action arose out of debt ...

Excerpt: ...s are imposters who are falsely masquerading as members of the Miwok Tribe, and they have wrongfully taken over control of he Shingle Springs Band of Miwok Indians. Defaults were entered against defendants on October 17, 2019. Defendants move to quash/dismiss the complaint without leave to amend (with prejudice) on the following grounds: the court lacks subject matter jurisdiction to determine whether the “true Miwoks” asserted by plaintiff s...

Excerpt: ...statutes and guidelines when it adopted a mitigated negative declaration and approved a project to replace the existing Newtown Road Bridge and a full environmental impact report is required as there is substantial evidence in the record to support a fair argument that the approval of the project may result in significant impacts to the environment. Respondent County of El Dorado moved to quash service of the summons and petition and requested th...

Excerpt: ...ant Chernoff seeks entry of summary judgment or summary adjudication of causes of action on the following grounds: defendant Chernoff served as a volunteer Master and acted in good faith in a manner she believed was in the best interests of the Marshall Grange and with reasonable and appropriate care, therefore, the defendant is immune from liability for plaintiff's claims for monetary damages for breach of fiduciary duties pursuant to the provis...

Excerpt: ...t was filed on July 13, 2018. Default was entered on June 19, 2019. Defendant moves to vacate the default on the following grounds: the judgment is void on its face, because the proof of service of the summons and complaint was not executed under penalty of perjury and, therefore, the clerk erred in entering of the default; the complaint fails to state the amount of punitive damages plaintiff seeks and there is no statement of punitive damages in...

Excerpt: ... Form Interrogatories. Defendant CJS Solutions Group, LLC's Motion for Relief from Waiver of Objections to Plaintiff's Discovery. On September 4, 2019 plaintiff served on defendant five sets of discovery requests consisting of general form interrogatories, employment form interrogatories, special interrogatories, requests for production, and requests for admission, which plaintiff contends were due for response on October 9, 2019. On October 23, ...

Excerpt: ...nduly burdensome, and oppressive at this stage of the litigation; and Weber General Engineering does not concede the relevance of, materiality of, or admissibility of any information requested or provided. Weber General Engineering also made some objections in response to specific requests in addition to the general objections and concluded with the statement that subject to and without waiving such objections plaintiff will produce non‐privile...

Excerpt: ...uested in the supplemental request for production within ten days. Plaintiff was present in court and was advised of the ruling. The proof of service of the notice of ruling filed on October 31, 2019 declares that on October 29, 2019 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 terminati...

Excerpt: ...mber 20, 2019 plaintiff filed a motion for reconsideration of the court's ruling sustaining the demurrers with ten days leave to amend on the following grounds: the court erroneously believed that no opposition to the demurrers were filed when, in fact, the opposition was filed on September 27, 2019; the court failed to designate who was to amend the 1st amended complaint, which is confusing, because plaintiff's amended complaint has not been ans...

Excerpt: ...special damages according to proof in a total amount greater than a limited civil action. Plaintiff seeks entry of a default judgment against defendant Sanders in the amount of $180,000. The only documents filed in support of entry of a default judgment against defendant Sanders is the Judicial Council Form CIV‐100 Request for Court Judgment. Plaintiff has not filed any evidence whatsoever establishing the amount of damages plaintiff sustained ...

Excerpt: ...ault judgment was entered against defendant in the amount of $1,052.24. There is no proof in the court's file that plaintiff served defendant with notice of entry of the default judgment. Over one year after entry of default defendant filed the instant motion on August 5, 2019. Defendant moves to vacate and set aside the default pursuant to Civil Code, § 1788.61 and Code of Civil Procedure, § 473.5 on the ground that he was never properly serve...

Excerpt: ...te. Citing paragraphs 3, 4, and 15 of the settlement agreement, plaintiff moves to enforce the settlement agreement by seeking a court order directing defendants to immediately turn over all documentation relating to defendant One Source LED Lighting, LLC's claims against the Judicial Council for breach of contact. The proof of service in the court's file declares that on June 11, 2019 notice of the hearing and the moving papers were served on de...

Excerpt: ...cident that is the subject of this civil action. Defendant Wilson contends that even if he does not offer any direct evidence in the case, he is forced to examine and conduct discovery that will necessarily disclose his strategy and assertions that could potentially be used against him in the criminal case; and if the motion is denied, it would unfairly and severely prejudice his ability to defend himself in the civil case and jeopardize his righ...

Excerpt: ...Timber Cove Holdings, Inc. Defendants demurred to all causes of action. The court issued a tentative ruling prior to the hearing on July 12, 2019 overruling all demurrers to the verified 1st amended complaint. At the hearing on July 12, 2019 the court set the matter for long cause oral argument to take place at 2:30 p.m. on Friday, August 16, 2019, which was later advanced to August 15, 2019 at 1:00 p.m. and then continued to September 13, 2019 d...

Excerpt: ... petitioner, Rural Communities United, can not establish it has standing to maintain the petition, because petitioner did not submit any comments to the CEQA proceedings until after the public comment period terminated and the public hearing on the project closed. Petitioner responded by moving for leave to amend the petition to add two individuals and an unincorporated association called Conserve El Dorado Oaks as co‐petitioners. The petitione...

Excerpt: ... the complaint and defendant has only submitted the following statement in answer to the complaint: “I HAVE NO PROBLEM HONORING MY DEBT. HOWEVER, I WOULD LIKE TO BE ABLE TO MAKE REASONABLE PAYMENTS AS I AM A DISABLED VETERAN, SINGLE PARENT & JUST RECENTLY OBTAINED A HOME AFTER BEING HOMELESS FOR APPROX 9 MOS.” (Emphasis in original.) Plaintiff moves for entry of judgment on the pleadings on the grounds that the complaint states a cause of act...

Excerpt: .... Defendant moves to vacate the default and default judgment on the ground that the plaintiff failed to serve a statement of damages on defendant thereby rendering the default and default judgment invalid. The proposed answer is attached to defense counsel's declaration in support of the motion as Exhibit B The proofs of service declare that on June 19, 2019 notice of the hearing and the moving papers were served by mail to plaintiff's address of...

Excerpt: ...ong cause oral argument, which was set for April 26, 2019. Before the long cause hearing was held plaintiff filed a 1st amended complaint against the County of El Dorado asserting causes of action for promissory estoppel, disability discrimination by failure to accommodate, and disability discrimination by failure to engage in the interactive process; and having received the 1st amended complaint, defendant withdrew its demurrers. Defendant demur...

Excerpt: ...ecuted by defendant's attorney was submitted with the moving papers. Plaintiff opposes the motion on the following grounds: defense counsel has failed to adequately explain why he waited to respond to the 1st amended complaint after receiving notice that his clients' response was already past due; defense counsel's failure to calendar does not excuse his failure to file the motion to vacate the default earlier, since he was on notice of default l...

Excerpt: ...greement and requests attorney fees and costs. The motions are opposed. By way of background, this lawsuit was filed in 1992 by 15 plaintiffs as “the record title owners of certain real property” situated within Lighthouse Shores against defendant Tahoe Keys Property Owners Association (“TKPOA”). Lighthouse Shores is a subdivision located within Tahoe Keys. The complaint alleges that in or about 1975, Lighthouse Shores was enclosed by the...

Excerpt: ... when requested by a party. (Code Civ. Proc., § 664.6.) The parties agreed in the Stipulation for Entry of Judgment to allow the Court to retain jurisdiction until the terms of the settlement are fully performed. (Exhibit 1, ¶¶ 7, 8.) Therefore, the Court has jurisdiction to enforce the stipulated settlement. The stipulation was filed November, 14, 2014. The stipulation required Defendant to pay the sum of $ 13,906.41 to Plaintiff by payments ...

Excerpt: ... failure to timely respond waives all objections to the requests and the propounding party may move to compel answers to production of documents. (Code of Civil Procedure, § 2031.300.) A motion to compel answers to production of documents must set forth specific facts showing good cause justifying the discovery sought by the demand and must be accompanied by a meet and confer declaration under § 2016.040. (Code of Civil Procedure, § 2031.310.)...

Excerpt: ...greement and requests attorney fees and costs. The motions are opposed. By way of background, this lawsuit was filed in 1992 by 15 plaintiffs as “the record title owners of certain real property” situated within Lighthouse Shores against defendant Tahoe Keys Property Owners Association (“TKPOA”). Lighthouse Shores is a subdivision located within Tahoe Keys. The complaint alleges that in or about 1975, Lighthouse Shores was enclosed by the...

Excerpt: ...ey fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as s...

Excerpt: ...rney fees, costs and expenses. Plaintiff sought to recover $23,800 in attorney fees and $3,595.38 in costs. On June 28, 2019 defendant filed a motion to tax various costs and an objection to the request for attorney fees. Plaintiff opposes the motion on the following grounds: the notice of motion is defective; the format of the motion is incorrect in that it fails to refer to the objections to the costs by the same number and in the same order as...

Excerpt: ...ere served by mail on defense counsel on June 28, 2019. There is no opposition to the motion in the court's file. “A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (d) and did not request exclusion.” (Civil Code, § 1781(f...

Excerpt: ...ere served by mail on defense counsel on June 28, 2019. There is no opposition to the motion in the court's file. “A class action shall not be dismissed, settled, or compromised without the approval of the court, and notice of the proposed dismissal, settlement, or compromise shall be given in such manner as the court directs to each member who was given notice pursuant to subdivision (d) and did not request exclusion.” (Civil Code, § 1781(f...

Excerpt: ...he amount of $3,841.31. Approximately one month after entry of default defendant filed the instant motion on July 18, 2019. Defendant moves to vacate and set aside the default pursuant to Code of Civil Procedure, § 473 on the ground that service of the summons did not result in actual notice in time to defend against the action brought by a debt buyer, because she was not served the summons and complaint. The proof of service in the court's file...

Excerpt: ...egulations regarding minimum lot size, the written easement was executed. (Complaint, paragraph 19.) The grant of easement was recorded on July 21, 1986. (See Complaint, Exhibit 2.) Defendant filed a cross‐complaint against plaintiffs seeking declaratory relief concerning the validity and enforceability of the subject easement and to quiet tile to the easement area on the ground that the easement was unenforceable and void as the easement effec...

Excerpt: ...specific performance. Defendants filed their answer to the 1st amended complaint on June 11, 2018 and on that same date filed a cross‐complaint for partition of real property. Plaintiff filed her answer to the cross‐ complaint on July 12, 2018. On May 17, 2019 plaintiff filed a motion for leave to file a 2nd amended complaint in order to add causes of action for financial elder abuse, to quiet title, and for a TRO, preliminary injunction and ...

Excerpt: ...s‐Defendant Polam Federal Credit Union demurs to the intentional infliction of emotional distress, unfair business practices, and declaratory relief causes of action on various grounds. Cross‐Complainants oppose the demurrers on various grounds. Cross‐Defendant Polam Federal Credit Union replied to the opposition. Demurrer Principles When any ground for objection to a complaint appears on its face, or from any matter of which the court is r...

Excerpt: ... York Mellon demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on various grounds and requests that leave to amend be granted should any demurrer be sustained. Plaintiffs also object to all of defendant's requests for judicial notice. Plaintiffs' Objections to Defendant New York Bank Mellon's Requests for Judicial Notice Defendant New York Bank Mellon requests the court to take judicial notice of the note and docu...

Excerpt: ...ce, motor vehicle wrongful death, motor vehicle survival, Government Code, § 815.2 public entity liability for employee negligent conduct, public entity wrongful death, public entity survival action, and dangerous condition of public property (Government Code, § 835) causes of action. Defendant CALTRANS demurs on various grounds to the allegations of general negligence found within various causes of action, the 4th cause of action for liability...