Excerpt: ...tion because plaintiff failed to notify the defendant in the 30 day notice of termination of tenancy the ground for termination in order to comply with the COVID‐19 Tenant Relief Act of 2020 as set forth in Code of Civil Procedure, § 1179.03.5(a)(3). Plaintiff opposes the demurrer on the following grounds: the mandate to provide a reason or cause for termination is set forth in Civil Code, §§ 1946.2, et seq. only applies to notices of termin...

Excerpt: ...fails to specify the exemption from increases and just cause eviction control and the purported just cause reason for eviction; the 60 day notice is, uncertain, vague, and ambiguous, because plaintiff alleges it was served on February 26, 2020 and it expired on February 26, 2020; and since plaintiff requested an award of attorney fees and costs in the prayer of the complaint, defendant is entitled to an award of attorney fees and costs in bringin...

Excerpt: ...fendant has refused to leave the subject accessory dwelling; and plaintiff has plans to move her 97 year‐old mother into the accessary dwelling, which leaves her mother living alone in Redding and plaintiff needs her closer to care for her. Defendant demurs to the complaint on the following grounds: the complaint fails to allege any one of the statutory reasons allowing for eviction under the COVID‐19 Tenant Relief Act of 2020; the plaintiff ...

Excerpt: ...o sustain the demurrer without leave to amend. Plaintiffs oppose the demurrer on the ground that the COVID‐19 Tenant Relief Act of 2020 does not apply to commercial real estate. General 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 Procedur...

Excerpt: ...e served on plaintiff on June 22, 2020; defense counsel claimed that the defendant estate had no personal knowledge regarding the underlying facts; and despite a request for responses and production, deceased defendant David Rottman's estate failed to provide verifications for the responses. Plaintiff moves to compel answers to interrogatories and production of documents without objections; and to deem admitted the requests for admission. Plainti...

Excerpt: ... and Kim Fazio filed a 3rd amended complaint against defendant Federal Home Loan Mortgage Corp. and others asserting causes of action for cancellation of documents, fraud and slander of title related to the foreclosure sale of plaintiff's real property in 2014. Defendants JP Morgan Chase Bank's and Federal Home Loan Mortgage Corp.'s Counsel declares: on April 15, 2020 plaintiff Kim Fazio responded to form interrogatories and requests for admissio...

Excerpt: ... on the ground that the causes of action are barred by the plaintiff's express assumption of the risk by agreeing in the rental 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. ...

Excerpt: ...a person in exchange for a controlled substance, the proceeds was traceable to such an exchange, and the money was used or intended to be used to facilitate a violation of various provisions of the Penal Code and Health and Safety Code. The People pray for judgment declaring that the money is forfeited to the State of California. On November 23, 2020 respondent Esquivel filed a verified claim opposing the People's request for forfeiture. “The f...

Excerpt: ... judgment. Trial is set to commence in Singh v. Hamid on January 14, 2021. On June 26, 2020 plaintiff Hamid filed an action for involuntary dissolution of Fuel 4 Less, Inc. The 1st amended complaint for involuntary dissolution was filed on September 3, 2020. A case management conference is set for December 14, 2020. There is no trial date set. Citing Code of Civil Procedure, § 404.05 [sic] and Rules of Court, Rule 3.515, defendants move to eithe...

Excerpt: ... court's file declares that on October 16, 2020 notice of the hearing and copies of the moving papers were served by mail on counsels for the remaining interested parties. There is no opposition to the motion in the court's file. Plaintiff's counsel declares in support of the motion that all parties have stipulated to the motion for leave to amend and no party has objected to any of the proposed changes. An authenticated copy of the executed writ...

Excerpt: ... asserting causes of action related to the exact same three car collision that is the subject of the El Dorado County Superior Court case. Defendants move for coordination of the two cases. The proof of service declares that all individual defendants in each of the cases and plaintiffs in each case were served notice of the hearing and a copy of the moving papers by mail on August 30, 2020. Plaintiff Ruiz concedes that she has not served the summ...

Excerpt: ...been done. The moving defendant landlords move for summary judgment or summary adjudication on the grounds that summary judgment is mandatory, because plaintiffs have admitted that defendants lacked actual or constructive notice of a dangerous condition at the subject premises, plaintiff Todd Sperry did not sustain an actionable injury as his claim for negligence fails due to the responses to the requests for admission, and the loss of consortium...

Excerpt: ... 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 demur to the 2nd, 4th 5 th, 6th , and 7 th causes of action for declaratory relief, breach of contract, negligent breach of contract, negligent breach of fiduciary du...

Excerpt: ... August 26, 2020 plaintiff filed a motion for leave to file a 1st amended complaint. Plaintiff moves for leave to amend the complaint to add a cause of action for elder abuse against defendant. A proposed 1st amended complaint has been submitted. The proof of service in the court's file declares that on August 26, 2020 notice of the hearing and copies of the moving papers were served by email to defense counsel. Defendant Mendonsa filed her oppos...

Excerpt: ...); breach of fiduciary duty; and violation of Civil Code, §§ 2923.7 and 2924.11. Defendant Kay Servicing, LLC demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on the following grounds: plaintiff adequately alleged a contract was assigned to defendant Fay Servicing, LLC and that Fay Servicing, LLC breached the implied covenant of good faith and fair dealing arising from that contract; plaintiffs have adequately ...

Excerpt: ...the settlement is in good faith. The proof of service filed with the court declares that the parties were electronically served notice of the hearing and copies of the moving papers on October 6, 2020 by LEXIS/NEXIS File & Serve. 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 ...

Excerpt: ...od cause as held in Shapira v. Superior Court (1990) 224 Cal.App.3d 1249; mental examinations do not need to be completed within a specified time limit, such as the single eight hour period plaintiff demanded, which is arbitrary, fails to take into account the legitimate and significant purpose of the IME given the serious and ongoing nature of plaintiff's alleged psychological injuries and plaintiff has not provided a reason to shorten the time ...

Excerpt: ...ontractor and property owners during remodel construction at defendants Sewells' property. Defendants Sewell move for summary judgment or summary adjudication of the negligence and negligent hiring, training, supervision, and/or retention causes of action pled against them on the following grounds: the Privette Doctrine bars this action against defendants Sewell, because defendants Sewell didn't exercise control over the safety conditions of the ...

Excerpt: ...e court's denial of the motion to stay foreclosure. The court in denying reconsideration found that not only was there no emergency justifying ex parte relief, there is no new evidence presented. On September 10, 2020 plaintiffs filed a motion to reconsider the court's August 19 2020 denial of the motion for TRO. Plaintiffs request that the court order that the nonjudicial foreclosure sale on August 18 2020 was void; that plaintiffs be allowed to...

Excerpt: ...cil Form (Form PLD‐C‐010.) The plaintiff checked the portion of the form answer wherein plaintiff admitted all statements of the complaint, except: ”Defendant claims the following statements are false (use paragraph numbers or explain): that all demands and request be discharged and request to dismiss the case. I Dont [sic] Agree with all paragraphs and all exhibits need to dismiss this case.” (Emphasis in original.) Plaintiff moves for e...

Excerpt: ...nt is in default of defendant's obligation to make monthly payments in that defendant failed to make the payment due and owing on December 26, 2019; and according to the terms of the agreement, plaintiff is entitled to entry of judgment in the amount of $2,872.74, which represents the principal amount of $3,015.74 plus court costs of $357, less credits in the amount of $500 for previous payments. The proofs of service declare that on September 16...

Excerpt: ...e requests for admission set one propounded upon plaintiffs by defendants Shirey, Brueck, and Shirey‐ Brueck, a general partnership. After objecting to the requests as premature as the plaintiffs have not had an adequate opportunity to conduct investigation and discovery and that it calls for premature disclosure of expert opinions, plaintiffs admitted the following subject to those objections: plaintiffs have no facts to establish that the lan...

Excerpt: ...complaint will run from that date. Preliminary Observations These motions represent a considerable failure by the attorneys to meet and confer properly. While some of the topics in today's rulings are genuinely contested, a number of the points covered are expressly or implicitly uncontroversial, and should have been handled simply by amendment or stipulation without bringing them before the Court. These include (1) plaintiffs' motion for leave t...

Excerpt: ... course of action and it 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 Highw...

Excerpt: ...to all three causes of action on the following grounds: plaintiff did not sufficiently allege the terms of the subject contract and did not attach a copy of the purchase agreement to the complaint, therefore the breach of implied warranty and express warranty causes of action are fatally defective; the fraud cause of action fails in that plaintiff did not allege he purchased the vehicle directly from defendant General Motors, LLC, or that he view...