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