Excerpt: ...30,000 on May 2, 2019. 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 p...

Excerpt: ...ained the demurrers to all causes of action without leave to amend and overruled the demurrer to the petition for writ of mandate. The petition for writ of mandate alleges: the County does not make individualized determinations of each particular project regarding the nature and extent of each project's traffic impacts; instead the County looks to the non‐individualized Traffic Impact Mitigation (TIM) Fee Program set forth in the County's Gener...

Excerpt: ... 11, 2019 the court granted Defendant MHC's motion for leave to file a cross‐ complaint. The cross‐complaint was filed on April 12, 2019 against Plaintiff asserting the following causes of action: inverse condemnation; creation of a dangerous condition at defendant MHC's property and State Route 49 that greatly increases the likelihood a member of the public will collide with recreational vehicles exiting defendant MHC's property thereby subs...

Excerpt: ... defendant Feister to special interrogatories was moot and ordered defendants Feister and Stix Development to do the following: serve original verifications to each discovery response within ten days; serve original verified answers to form interrogatories – construction litigation, without objection within ten days; serve original, verified further responses to requests for production without objection within ten days; and produce all responsi...

Excerpt: ..., § 2924h(g). Defendants JP Morgan Chase Bank and Federal Home Loan Mortgage Corp. (Freddie Mac) demurs to all causes of action of the 1st amended complaint on various grounds. Defendanst also requested the court to take judicial notice of documents. Plaintiffs oppose the demurrers on various grounds and objected to defendants' requests for judicial notice on various grounds. Defendant JP Morgan Chase Bank and Freddie Mac replied to the oppositi...

Excerpt: ..., California. Another proof of service declares that the follow up mailing of the summons and complaint to that address occurred on April 30, 2008. Default was entered on July 7, 2008. The proof of service of the request for entry of default declares that on July 2, 2008 the request for entry of default was mailed to the address where defendant was served. On July 8, 2008 a default judgment was entered against defendant in the amount of $2,409.40...

Excerpt: ...opposition to Thor Motor Coach, Inc.'s motion for determination of good faith settlement, which discloses the amount of the settlement to support its argument that the settlement amount was not within the ballpark of Thor Motor Coach, Inc.‘s proportionate liability to plaintiffs and that the amount shows collusion between plaintiffs and defendant Thor Motor Coach, Inc. to the detriment of all other defendants in this action. The amount of the s...

Excerpt: ...plaint and granted in part their motion to strike portions of the cross‐complaint with ten days leave to amend. An amended cross‐complaint was not filed and on April 12, 2017 defendants De Vincenzi and De Vincenzi and Associates, Inc. filed their answer to the crosscomplaint. They also filed an amended answer to the cross‐complaint on May 8, 2017. Trial was initially set to commence on April 30, 2018. The trial date was vacated at the manda...

Excerpt: ...ful foreclosure. Defendant MERS, Inc. (MERS) answered the complaint on April 23, 2019 by general denial and assertion of 16 affirmative defenses. Defendant MERS moves for judgment on the pleadings on all six causes of action on the following grounds: plaintiff's assignment based claims fail, because the deed of trust is not void and plaintiff lacks standing to bring a wrongful foreclosure cause of action; plaintiff lacks standing to challenge a v...

Excerpt: ...reliminary and permanent injunction, intentional misrepresentation, fraud, and negligent misrepresentation causes of action of the 2 nd amended complaint without prejudice. Defendants Cribbs and the Cribbs Family Trust move for summary judgment on the remaining causes of action of the 2nd amended complaint on the following grounds: plaintiff Marconi lacks standing to maintain the remaining causes of action of the 2nd amended complaint; defendants...

Excerpt: ...nancial) demurs to all causes of action of the 1 st amended complaint on various grounds. Plaintiffs oppose the demurrers on various grounds and object to all of defendant's requests for judicial notice, which consist of court records of rulings, judgments, and orders, and recorded documents. Defendant MTC Financial filed a late reply and other late reply documents on July 22, 2019. The reply was required to be filed not later than July 19, 2019,...

Excerpt: ... and requests for production, set two and produce the documents requested within ten days without objections, and serve a response to defendant Lusk's request for statement of damages within ten days. The proof of service of the notice of ruling filed on May 30, 2019 declares that on May 28, 2019 notice of the ruling was served by mail on plaintiff's counsel and counsel for defendant Yang. Defense Counsel declares there were a series of emails an...

Excerpt: ...he court's file. Absent proof of adequate service on the interested parties, the court can not reach the merits of the motion and will be required to deny the motion without prejudice due to lack of service. Defendant Kohs' Motion to Dismiss Case. On November 15, 2018 plaintiff filed a complaint asserting causes of action against defendants to quiet title, for cancellation of voidable instrument, for declaratory relief, for slander of title, and ...

Excerpt: ...iff broke her left ankle, which required her to seek immediate medical care. Defendants move for entry of summary judgment or summary adjudication on the following grounds: plaintiff can not prove there was a duty owed to her, because plaintiff has been deemed to have admitted defendants were not negligent for the injuries sustained in the incident, and in fact, she is the negligent party responsible for any damages; plaintiff has no evidence to ...

Excerpt: ... some temporary work at the residence pending receipt of the required parts to complete the repair. Defendants Shirey's and Brueck demur to the following causes of action of the complaint: breach of implied warranty of habitability; premises liability; negligence per se; and intentional tort. Plaintiffs' opposition agrees to remove the separate causes of action for breach of the implied warranty of habitability, premises liability, negligence per...

Excerpt: ...dly arise from a transaction wherein plaintiff loaned defendants $175,000 secured by a deed of trust recorded against property located in Cameron Park, California and a personal guaranty allegedly executed by one of the defendants. (1st Amended Complaint, paragraphs 13 and 14.) Plaintiff allegedly was a junior lienholder on the real property and plaintiff's security interest was sold out/eliminated by a senior lienholder's foreclosure sale. (1st ...

Excerpt: ...plaintiff can not enforce the Pull/Call right to elect the sale of plaintiff's interest in defendant Urbana Tahoe TC, LLC, because plaintiff materially breached the operating agreement by failure to close the sale proceedings within 60 days of defendant Timber Cove Holdings, Inc.'s election to purchase plaintiff's interest in Urbana Tahoe TC, LLC; plaintiff's performance of its contractual obligation to select an appraiser and have the entire buy...

Excerpt: ...rn, train, or educate; the constructive fraud cause of action is fatally defective in that it fails to allege with the required specificity the facts related to defendant's alleged knowledge about Doe 1's conduct and the allegedly suppressed and concealed true facts. Plaintiff opposes the demurrers on the following grounds: defendants stood in loco parentis to plaintiff and there was a special relationship alleged such that defendants owed plaint...

Excerpt: ...espond to the request for documents and produce documents, without objection, and deem certain facts to be admitted on the basis of Plaintiff's failure to deny the asserted facts. Plaintiff also seeks an award of monetary sanctions. The motion was set for hearing on May 31, 2019. Defendant did not file any opposition to the motion. On May 30, 2019, the court vacated all pending dates, including the hearing on Plaintiff's motion, when Judge McLaug...

Excerpt: ...er three years ago on May 2, 2016. The proof of service declares that on June 18, 2019 the notice of hearing and the moving papers were served on defense counsel by mail. Defendants Flynn and Kubo Hospitality Management, Inc. oppose the motion on the following grounds: defendants will be prejudiced by the amendment, because the matter has been actively litigated for years and the parties have engaged in discovery; the motion has been brought at a...

Excerpt: ...ny the petition on November 7, 2017. Upon request of the City, the hearing on the petition set for November 16, 2017 was vacated On October 23, 2017 respondent Rawat filed her first motion to disqualify the attorney representing the City in this proceeding. On January 18, 2018 the motion was denied. On July 6, 2018 the court overruled respondent Rawat's demurrer to the petition. A hearing was held on the petition/motion to appoint a receiver on A...

Excerpt: ... defendant owes plaintiff $26,898.10 for the personal loan to defendant on an open book account and account stated; inability to pay is not a defense; and the answer that was filed fails to state facts sufficient to constitute a defense. The proof of service declares that on March 28, 2019 the notice of motion and moving papers were served by mail on defendant to his address of record. There is no opposition to the motion in the court's file. “...

Excerpt: ...rs to all causes of action of the 1st amended complaint on the following grounds: plaintiffs failed to allege sufficient facts to establish that defendant breached the agreement; plaintiffs failed to adequately allege damages for breach of contract; plaintiffs failed to allege sufficiently specific facts to establish the elements of the fraud and negligent misrepresentation causes of action; the promissory fraud and rescission causes of action ar...

Excerpt: ...n filing and motion fees on the ground that none of costs are court filing fees and they are unrecoverable courier fees; $575.80 out of the amount of $887.61 claimed as deposition costs can not be recovered, because transcription costs associated with subpoenas duces tecum are not deposition transcription costs by a court reporter; and mileage costs for depositions is limited to $10.21 representing the travel between defense counsel's office and ...

Excerpt: ...very propounded from defendant Ronald Sheckler. Attached to counsel's declaration is a copy of requests for production, set one and the proof of service, which declares the requests for production were served by mail to defendant Ronald Sheckler's then counsel of record on January 8, 2019. The moving papers were filed on April 30, 2019. Plaintiff moves to compel production of documents without objections and further requests an award of monetary ...

Excerpt: ...al marijuana dispensary in the City. On November 30, 2018 the Third District deemed the petition for writ of supersedeas as a request for issuance of a stay of the Superior Court judgment during the pendency of the appeal and granted the stay. In March 2019 the parties apparently reached a settlement of the case. Petitioner agreed not to oppose a motion to approve the agreement under Government Code, § 1091(b)(15) and further agreed to dismiss t...

Excerpt: ...iff Tousely was driving his motorhome on the freeway. Arden High Tech Auto Repair, Inc. (Arden) was named as defendant Doe 9 on September 27, 2018. Defendant Arden moves for entry of summary judgment against plaintiffs on the following grounds: plaintiffs can not establish that defendant Arden breached a duty of due care related to the subject propane tank that exploded and cannot prove defendant Arden was a substantial factor in causing plaintif...

Excerpt: ...aintiff's claimed salary, and waiting time penalties. Plaintiff moves to disqualify the law firm of Lewis, Brisbois, Bisgaard and Smith, which represents defendants in this action, on the following grounds: disqualification is mandated, because the law firm undertook to represent an “adverse party” without securing informed written consent of their client, the plaintiff; the law firm owes a continuing duty of confidentiality and loyalty to pl...

Excerpt: ...f's property, preventing defendants from obstructing or interfering in any manner with use of the alleged driveway, preventing defendants from creating any obstructions or erecting encroachments on plaintiff's property, and preventing defendants from trespassing and vandalizing plaintiff's property. Plaintiffs argue: they have a long‐existing right to the driveway acquired through prescriptive use and defendants can not unreasonably interfere w...

Excerpt: ...auses of action on the following grounds: plaintiff failed to adequately allege two elements of a trademark infringement cause of action – that the purported trademark is protectable and there was a likelihood of confusion between plaintiff's purported trademark and defendant's registered trademark; plaintiff's trademark is generic and not protectable; if the trademark is descriptive, plaintiff has not adequately alleged the trademark has secon...

Excerpt: ... (HOA) on behalf of all current and past owners of property within the HOA during the period of 2006‐ 2018, except defendant Serrano Associates, LLC, who overpaid assessments as a result of the HOA's alleged overcharging developed property owners above the amount allowed by the C,C,&Rs. (Third Amended Complaint, paragraph 37 and Exhibit 4.) Plaintiff also seeks to include in the class all persons who owned developed property in cost centers 2 a...

Excerpt: ... forth in Code of Civil Procedure, § 1021.5. Defendants Carter and Tenth Hall, Inc. argue: the claim arises out of contract; plaintiffs attempt to create a claim for punitive damages for a simple breach of contract action against the sellers in a real property transaction arising from a well report received during the transaction; the allegations of fact do not support a claim for punitive damages against the seller's agent; there are no facts a...

Excerpt: ...reliminary and permanent injunction, intentional misrepresentation, fraud, and negligent misrepresentation causes of action of the 2 nd amended complaint without prejudice. Defendants Cribbs and the Cribbs Family Trust move for summary judgment on the remaining causes of action of the 2nd amended complaint on the following grounds: plaintiff Marconi lacks standing to maintain the remaining causes of action of the 2nd amended complaint; defendants...

Excerpt: ...ary 6, 2019 plaintiff filed a motion for an award of sanctions against both defendants and their attorneys pursuant to Code of Civil Procedure, § 128.7. Plaintiff moves for sanctions against defendants and their counsels in an undisclosed amount on the following grounds: the petitions to vacate the arbitration award contain false statements of fact related to the scope of the arbitration, the personal claims against defendant Furia, the arbitrat...

Excerpt: ...d costs were reasonably incurred and reasonable in amount; the additional attorney fees and costs were incurred, because defendant delayed payment and impeded collection efforts; and the amount of fees sought are justified under the lodestar method of determining reasonable attorney fees. Defendant opposes the motion on the following grounds: the fees and costs were unreasonable and unnecessarily incurred; the court should deny all costs and fees...

Excerpt: ...t Amended Verified Complaint that the parties entered into a written agreement in 2012, which provided that it had an interest in Defendant, and the property of Defendant. In its moving papers, Defendant admitted that Plaintiff and Defendant formed a company “to own and operate” the Hotel Property (Motion, page 10, line 16). Defendant further admits that it “exercised its contractual right in December 2017 to purchase” Plaintiff's interes...

Excerpt: ...omplaint. Default was entered on October 29, 2018. The proof of service of the request for entry of default declares that on October 29, 2018 the request was served on defendants B.A.D., LLC and Robinson by mail to the address where the summons and complaint were served. On January 25, 2019 a default judgment was entered against defendants in the amount of $16,151.50. On April 11, 2019 defendant filed the motion to set aside the default and defau...

Excerpt: ...manufacturing and designing the subject motorhome, which allegedly resulted in an explosion and flames coming up the side of the motorhome while plaintiff Tousely was driving his motorhome on the freeway. Manchester Tank and Equipment Co. (Manchester) was named as defendant Doe 3 on May 20, 2018. On January 17, 2019 defendant/cross‐complainant Arden High Tech Auto Repair, Inc. filed a cross‐ complaint against defendant/cross‐defendant Manch...

Excerpt: ...from defendants' conduct after Ms. Crowley admittedly defaulted on loan payments at the beginning of 2016 as a result of her household income being drastically reduced when she was laid off from her employment. (See Complaint in Case Number PC‐20180623, paragraph 12.) Defendants allegedly failed to discuss alternatives to foreclosure, failed to assess her financial situation, failed to advise her of a right to request a meeting with defendants ...

Excerpt: ... defendants' conduct after Ms. Crowley admittedly defaulted on the loan payments at the beginning of 2016 as a result of her household income being drastically reduced when she was laid off from her employment. (See Complaint in Case Number PC‐20180623, paragraph 12.) Defendants allegedly failed to discuss alternatives to foreclosure, failed to assess her financial situation, failed to advise her of a right to request a meeting with defendants ...

Excerpt: ...nd the common counts causes of action of open book account and account stated. The proofs of service declare that notice of the hearing was served by mail to defense counsel on January 7, 2019 and the moving papers were served on January 2, 2019 by overnight delivery to defense counsel. There is no opposition to the motion in the court's file. “For purposes of motions for summary judgment and summary adjudication: ¶ (1) A plaintiff or cross‐...

Excerpt: ...int with ten days leave to amend and denied the motion as it sought to strike the prayer for attorney fees and certain costs. Defendant/Cross‐Complainant Altoonian did not amend the cross‐complaint. On January 14, 2018 defendant/cross‐complainant Altoonian filed a motion for leave to file a 1st amended cross‐complaint to add allegations and prayers for an award of attorney fees and costs under the legal theories set forth in Code of Civil...

Excerpt: ...sts for admission, to provide further responses to form interrogatories, to provide a privilege log related to documents sought to be produced that defendant claims are privileged, and to provide further responses and production of those documents requested to be produced, with the exception of those documents identified in the privilege log; defendant was also ordered to provide the further responses and production within ten days and pay moneta...

Excerpt: ...suant to Code of Civil Procedure, § 36(b) on the following grounds: minor plaintiff Dylan B. is four years old and has a substantial interest in the action. Notice of the March 14, 2019 hearing on the motion for preference and the moving papers were served by mail to defendant Select Property Management, Inc. There was no opposition to the motion in the court's file and the motion was granted. Therefore, trial must be set to commence within 120 ...

Excerpt: ... is a fatal defect as a misjoinder of parties within the meaning of Code of Civil Procedure, 430.10(d); the fraud based causes of action are fatally defective, because plaintiffs have failed to allege damages as a result of the alleged fraudulent conduct; the fraud based causes of action are vague, ambiguous, and uncertain in that they fail to plead facts with the required specificity to establish each of the elements of those causes of action; t...

Excerpt: ...UCC filings to send acknowledgments to the Angela Kim Carleton Trust and Deryl C. Zeleny. Default was entered against the respondents on February 26, 2019. On March 28, 2019 the court granted a default judgment striking and releasing the UCC liens and awarding petitioners attorney fees and costs in the amount of $12,835.50. Respondent Zeleny filed a motion to vacate and dismiss the complaint for fraud upon the court on behalf of both respondent Z...

Excerpt: ...nt would not release the vehicle to him without payment of an undisclosed amount by cashier's check. On April 5, 2019 the court reviewed plaintiffs' ex parte application for a temporary restraining order and preliminary injunction to prevent defendant Orchid Management from selling the vehicle to obtain payment for the purported disputed debt and to prevent the defendant DMV from transferring title pursuant to any such sale. The court granted the...

Excerpt: ...nment Code, § 815, because promissory estoppel is a common law claim and there is no specific statutory authority alleged in the complaint that declares governmental entities are liable for promissory estoppel; defendant County is immune from liability for the alleged misrepresentation related to leave coverage under Government Code, § 818.8; the failure to accommodate cause of action is fatally defective in that plaintiff admits her doctor adv...

Excerpt: ...e motion, ordered that venue be changed to the Los Angele County Superior Court, and ordered plaintiff to pay defendant $2,490 in attorney fees and costs incurred to pursue this motion. On January 9, 2019 plaintiff filed this motion to vacate the order pursuant to the provisions of Code of Civil Procedure, § 473(b). Plaintiff contends the order granting the motion was due to mistake, inadvertence, surprise, or excusable neglect due to the follow...

Excerpt: ... of the Board as mandated by Public Resources Code, § 21167.6(a) and Code of Civil Procedure, § 416.50. Respondent County also moves to dismiss the action with prejudice on the grounds that petitioner failed to properly serve respondent County within ten days of filing the petition as required by Public Resources Code, § 21167.6(a); and/or the action is barred by the applicable statute of limitations as it was not timely filed. Petitioner oppo...