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: ...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...