Excerpt: ... this litigation was filed plaintiff was reemployed by defendant and as part of that reemployment plaintiff executed an arbitration agreement on December 28, 2018 covering all past, present and future claims arising from employment and waiving all class action claims. Defendant contends: class action waivers are generally valid and enforceable as stated in Epic Systems Corp. v. Lewis (2018) 138 .Ct. 1612, 1632.); plaintiff's individual claims are...

Excerpt: ...e to hear this motion. The court set the hearing for December 20, 2019; and directed the following: the motion is to be filed and served by December 12, 2019; opposition papers are to be filed and served by December 17, 2019; and the reply is to be filed and served on December 19, 2019. The proof of service declares that on December 12, 2019 notice of the hearing and the moving papers were served by mail to the interested parties. At the time thi...

Excerpt: ...for and then constructing an alternative bridge over the creek that runs over both properties in order to provide the Nygaard property its own access to the home on the Nygaard property without plaintiff having to use the existing bridge and driveway easement. On July 6, 2018 the court granted plaintiff's request for a TRO, which enjoined defendants, their officers, agents, employees and representatives from blocking, restricting, or impeding the...

Excerpt: ... Cordonnier; deponent Mr. Cordonnier failed to appear at his scheduled deposition; and defendant incurred attorney fees in the amount of $1,300 representing four hours of attorney time to prepare the motion and costs of $60 for the filing fee. Defendant moves to compel Mr. Cordonnier's deposition and requests an award of monetary sanctions in the amount of $1,360. On October 25, 2019 the court granted plaintiff's counsel's motion to be relieved a...

Excerpt: ...t on the 2nd amended complaint on the following grounds: defendant correctly calculated the annual changes in the variable interest rate on the loan as provided for by the agreement and charged the proper amount of interest under the terms of the subject agreement, therefore defendant did not breach the agreement; defendant did not charge 5.75% interest in March 2017 as alleged in paragraph 19 of the 2nd amended complaint, because a delinquent ac...

Excerpt: ...nd Eve Lowry, which was filed in 2006 (See PFL20060896.). Defendant Eve Lowry argues: the real and personal property rights raised in the civil action are subject to the jurisdiction of the Family Law Court that first acquired jurisdiction, thereby making the Family Law Court the exclusive jurisdiction for the civil causes of action to be heard. Plaintiff opposes the motion on the following grounds: the conduct of the named defendants occurred af...

Excerpt: ...ourt. The court will address each motion separately. Plaintiff's Motion to Deem Admitted Requests for Admission. Plaintiff's counsel declares: on July 25, 2019 requests for admission, set two were served on defendant; and defendant failed to provide any responses to requests for admission, set two. Plaintiff moves to deem admitted requests for admission, set two and further requests an award of monetary sanctions. The proof of service in the cour...

Excerpt: ...clare that notice of the hearing and the moving papers were served by mail to defense counsel on October 25, 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 (...

Excerpt: ...nt Plan (OWMP).” (AR 2086.) The DEIR describes the mitigation measures set forth in the ORMP as follows: “The proposed ORMP (provided in Appendix C) defines mitigation requirements for impacts to oak woodlands, individual native oak trees, and Heritage Trees, and outlines the County's strategy for oak resource management and conservation. The ORMP is designed to function as the oak resources component of the County's Biological Resources Miti...

Excerpt: ...e, or if any payment should be refused or returned by the bank, constitute defendant's default under the terms of the Stipulation. (Id., Ex. A at p. 3.) If defendant failed to cure the default, the Stipulation authorizes plaintiff to obtain a judgment in court pursuant to Code of Civil Procedure § 664.6. (Id., Ex. A at pp. 3–4.) On January 5, 2017, the court dismissed the action as was agreed upon by the parties. (Id., Ex. B.) Now pending is p...

Excerpt: ...llowing grounds: in taking judicial notice of the fact that there is no Government claim in the Placer County records concerning this claim for damages for intentional tort against Placer County Deputy Sheriff Timothy Gualco, the lack of a government claim bars plaintiff from maintaining an action against this sworn officer public employee for conduct within the scope of his duties involving a search warrant; the demurrer should be sustained with...

Excerpt: ...m bars plaintiff from maintaining an action against him for conduct within the scope of his duties; and the demurrer should be sustained without leave to amend, because the face of the complaint shows that the action is time barred by the provisions of the Government Claims Act. The proofs of service declare that notice of the hearing and the moving papers were served by mail to plaintiff's address of record. There is no opposition to the motion ...

Excerpt: ...nd the unfair business practices cause of action in their entirety and plaintiff was awarded attorney fees in an amount to be determined by a noticed motion for attorney fees. Plaintiff filed this noticed motion seeking an award of over $72,000 in attorney fees and costs incurred in opposing defendants' motion, which includes a claim for 189.5 hours of legal services representing $71,277.50 of the $72,549.41 claimed. Defendants Legacy Family Adve...

Excerpt: ...ion), and to add causes of action for intentional misrepresentation and negligent misrepresentation. A proposed 1st amended complaint has been submitted by attachment as Exhibit A to the declaration submitted in support of the motion. The proof of service in the court's file declares that on October 17, 2019 notice of the hearing and copies of the moving papers were served by mail on defendants Diamond Head Windows and Doors, Inc., Sierra Pacific...

Excerpt: ...the MSC set for December 4, 2019. Plaintiff would not stipulate. On September 30, 2019 defense counsel received a letter from plaintiff's counsel stating plaintiff did not agree for the examination to take place more than 75 miles from her residence and plaintiff requested a nurse consultant be present at any examination. Defendants move to compel plaintiff to travel hundreds of miles from Hemet, California to Sacramento, California in order for ...

Excerpt: ... complaint rendering the demurrers moot. Defendants New Penn Financial and Bank of New York Mellon demur to the voidable instrument, cancellation of assignments, breach of the implied covenant of good faith and fair dealing, slander of title, and wrongful foreclosure causes of action on the grounds that these causes of action are premised upon a legally erroneous theory that defendant MERS was not authorized to assign the subject loan and deed of...

Excerpt: ... plaintiff's counsel. Plaintiff moves to strike the corporate defendant's answer pursuant to the provisions of Code of Civil Procedure, § 436(b). on the asserted ground that the answer is not filed in conformity with the law of this State, because the action is being maintained by a corporation that is not currently represented by counsel. There is no proof of service of notice of the hearing and a copy of the moving papers on defendant Myecheck...

Excerpt: ...e 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 the file, therefore, entry of a default judgment including punitive damages would be void ;...

Excerpt: ...ad, Lotus, CA by serving the office manager, Mariah Stetler, authorized to accept service who was apparently in charge of the office or usual place of business. The accompanying declaration of reasonable diligence declares: the registered process server unsuccessfully attempted to serve defendant Rangel at his office at 4:22 p.m. on Thursday, April 11, 2019, at 9:30 a.m. on Friday April 12, 2019, and at 3:04 p.m. on Friday April 12, 2019; and on ...

Excerpt: ...ants will not be prejudiced by the amendment. Defendants oppose the motion on the following grounds: the 2nd amended complaint involves post2017 conduct that is irrelevant to the valuation of plaintiff's claimed interest in the Company where the valuation date is December 19, 2017; the allegations of the fraud cause of action are not sufficiently specific; the proposed allegations to be added by the amendment are antagonistic to the allegations o...

Excerpt: ...n papers are to be filed and served on all parties by 5:00 p.m. on October 15, 2019, and found that Defendant Milgard Manufacturing, Inc. has waived it's right to file a reply to the opposition. Defendant Milgard Manufacturing, Inc. moves for leave to file a cross‐complaint for implied equitable indemnity; comparative indemnity, contribution and declaratory relief against defendant/crosscomplainant/cross‐ defendant TMW Craftsman, Inc. and def...

Excerpt: ... Harassment Cause of Action – Government Code, § 12940(j); FEHA Failure to Engage in Interactive Process Cause of Action; FEHA Failure to Accommodate Cause of Action; CFRA Interference and Retaliation Cause of Action; Violation of Labor Code, §§ 98.6 and 1102.5 Cause of Action; Violation of Labor Code, §§ 6310 and 6311 Cause of Action; and Defamation Cause of Action. Plaintiff opposes the demurrers on various grounds. Defendants replied to...

Excerpt: ...plaint against defendants Wang and Innobiosurg of America, Inc. Defendant Innobiosurg of America, Inc. demurs to the breach of contract and age discrimination causes of action of the 2nd amended complaint on various grounds. Plaintiffs oppose the demurrers on various grounds. Defendant Innobiosurg of America, Inc. replied to the opposition. Breach of Contract Cause of Action Defendant Innobiosurg of America, Inc. argues: there are insufficient al...

Excerpt: ...ge in certain activities related to the subject real property. On August 27, 2018 respondent Rawat filed a notice of appeal from that order, which remains pending in the Third District Court of Appel. The filing of the appeal does not automatically stay the order appointing the receiver. “The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from appoints a receiver,...

Excerpt: ...ty against defendant Milgard. Plaintiffs argue that they should be granted leave to amend for the following reasons: the facts or evidence that will support the causes of action for negligence and strict liability will be the same or similar to those facts used to support the claim for breach of express warranty against defendant Milgard; there is no surprise or prejudice to defendant by permitting the amendment; and depositions have not yet been...

Excerpt: ...r 2016 the parties agreed to the following: the Oregon litigation between the parties would be dismissed without prejudice; plaintiff would refile the case in El Dorado County; defendants would appear and accept jurisdiction in El Dorado County; the parties will mediate the dispute; and if mediation fails, the parties will promptly submit to an arbitration of the dispute, which will be binding and not appealable. On February 14, 2018 the court gr...

Excerpt: ...ficient particularity a cause of action for dangerous condition of public property, because plaintiff failed to allege that the cause of action was premised upon Government Code, § 835. Plaintiff opposes the demurrers on the following grounds: the allegations of the general negligence cause of action sufficiently state a cause of action for a dangerous condition of public property; the facts alleged in the premises liability cause of action are ...

Excerpt: ...egations of the complaint and asserted two affirmative defenses that plaintiff had not complied with CEQA or NEPA requirements by failure to adequately consider and mitigate effects of the public project on defendant's property with respect to ingress and egress of vehicles onto the widened public highway. On February 8, 2019 defendant MHS Ponderosa Limited Partners filed a motion for leave to file an amended answer and a cross‐complaint. Defen...

Excerpt: ...possession on March 15, 2019, the court denied the claim. Bankruptcy Stay The court was informed on January 30, 2019 that the motion to stay and motion for relief from the automatic stay were set for hearing before the bankruptcy court on February 12, 2019. At the hearing on January 30, 2019 the court referred to Lee v. Baca (1999) 73 Cal.App.4th 1116, 1119‐1122 for the proposition that a bankruptcy petition filed after entry of judgment does n...

Excerpt: ...ffs move to advance the trial date to be set within 120 days of May 24, 2019. Plaintiffs contend that there exists good cause to advance the trial date, because plaintiffs are suffering emotional distress and financial hardship from the litigation due to two last minute trial continuances. Defendants DeVincenzi and DeVincenzi and Associates, Inc. (DeVincenzi) oppose the motion on the following grounds: the interest of justice is not served by gra...

Excerpt: ..., 2018 order compelling the deposition. Plaintiffs also seek an award of $5,400 in monetary sanctions against defendant. Defendant Seymour West, LLC opposes the motion on the following grounds: plaintiffs failed to comply with the procedural requirements to maintain an action for civil contempt in that they failed to apply for issuance of an OSC Re: Contempt; defendant Seymour West, LLC is not in contempt, because the facts establish defendant ha...