Excerpt: ...t's request. Monies were paid, laid out or expended to or for Defendant at Defendant's insistence and request. Defendant filed an unverified answer 6 -4-24 asserting both Denials and posing affirmative defenses. Defendant mis -names the Plaintiff's attorney's firm as the Plaintiff in this matter Plaintiff's 10 -18 -24 motion asserts that on or about 6 -18 -24 counsel served by mail its first set of requests for admissions on the Defendant. No res...

Excerpt: ...mentation supp orting purchases of additional linear feet of fencing during said invoice periods, among other documents specifying the number of linear feet of fencing owned , purchased, and possessed by Plaintiff for each invoice Defendant asserts Plaintiff failed to return Defendant's fencing. The Civil Discovery Act only authorizes for each type of discovery propounded, the ability to file a motion to seek further responses. (Cal. Civ. Proc. �...

Excerpt: ...is denied. Plaintiff's objections are all overruled. The Case Management Conference is continued to January 27, 2025 at 10:30 a.m. Relevancy in the context of discovery is broadly construed, but to counterbalance the broad definition of relevancy found at California Code of Civil Procedure section 2017.010, the court has broad discretion to limit the scope of discovery. The legislature sought to remove the gamesmanship from trial preparation by a...

Excerpt: ...ctual accuracy or truth of the facts alleged. The court must assume the truth of all properly pled allegations. The process of a demurrer does not serve to test the merits of the Plaintiff's Page 2 of 5 **Please contact Judicial Courtroom Assistant, Wendy Guerrero, at (831) 636 - 4057 x129 or [email protected] with any objections or concerns. case. (Tenet Health System Desert Inc. v. Blue Cross of CA. (2016) 245 Cal App 4th 821, 834.) ...

Excerpt: ...he merits of the Plaintiff's case. (Tenet Health System Desert Inc. v. Blue Cross of CA. (2016) 245 Cal App 4th 821, 834.) Because a demurrer only challenges the defects on the face of the complaint, it can only refer to matters outside the pleadings which are subject to judicial notice. (Id. at 831.) For demurrer, a judge must treat the demurrer as an admission of all material facts properly pled in the challenged pleading or that reasonably ris...

Excerpt: ....org with any objections or concerns. motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (Code Civ. Proc., § 2017.010.) “Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document,...

Excerpt: ...2) 208 Cal.App.4th 1125, 1132.) If it appears that the plaintiff is entitled to any relief, demurrer must be overruled, even though the facts may not be clearly stated, or although plaintiff may demand relief to which it is not entitled under the acts stated. A plaintiff need only plead facts showing it may be entitled to some relief. (Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572.) On demurrer, the court must accept all facts alleged in t...

Excerpt: ...evant to the subj ect matter of the pending action, if the matter is itself admissible in evidence or appears to be reasonably calculated to lead to the discovery of admissible evidence. (Cal. Civ. Proc. §2017.010.) Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter. . .. (Ibid.) All discovery requests must be relevant to the subject matter of the pending action. (Cal. Civ. Proc. §2019....

Excerpt: ...is sustained. FAC alleges that the City is vicariously liable for the negligent hiring, supervision, or retention of Fire Marshal Bedolla (Bedolla) pursuant to Government Code section 815.2(a). California courts have consistently rejected claims that a municipal defendant c an be vicariously liable under Government Code section 815.2, subdivision (a) for negligent hiring, supervision, or retention because such a theory sounds in direct liability ...

Excerpt: ... comply with C.R.C. Rule 3.1345 which requires that the mov ing party submit the reasons why the W Ranch, LLC's Responses to the Special Interrogatories or the Request for Production of Documents are supposedly defective or why a further response is required. Moreover, it is wholly improper to present a motion whic h combines multiple forms of discovery into a single omnibus motion; this error is compounded in the purported separate statement whi...

Excerpt: ...llister); Defendant : Rodrugo Guerrero (unrepresented) This case arises from PlaintiƯ's claim for injuries sustained as a passenger in a vehicle struck by Defendant Guerrero's vehicle while Defendant Guerrero attempted to evade law enforcement. It is PlaintiƯ's allegation tha t the other defendants negligently or carelessly operated their vehicle(s) in pursuit of Defendant Guerrero's vehicle thus causing Defendant' Guerrero to strike PlaintiƯ'...

Excerpt: ...aintiff's 8 -20 -24 m otion to compel attendance by Zoom and testimony of Defendant Popescu and monetary sanction. 4) Defendants 9 -9-24 Motion to compel answers to Deposition questions by Plaintiff's PMK Complaint: 12 -14 -20; FAC 1 -11 -21. Answer filed 4 -2-21. Cross Complaint 4 -2-21; Answer to Cross Complaint t: 10 -8-21. Cross Complaint dismissed 1 -12 - 23, without prejudice. Causes of Action on FAC: 1) Breach of Contract; 2) Account State...

Excerpt: ...iness loan with Defendan t in exchange for agreement to pay, and as part of the BLSA Defendant Jones executed a personal guaranty agreement wherein Jones guaranteed unconditionally all obligations as defined in the BLSA of the defendant. Thereafter, in accord with an agreement bet ween Celtic Bank and PlaintiƯ, the BLSA and all right title and interest was assigned to PlaintiƯ, naming them as the loan servicer for the BLSA. Defendant ceased pay...

Excerpt: ...iency of the allegat ions made, and on the basis that after the dismissal of Franscioni's complaint, REFCO lacks standing to sue. This case involves a dispute over the terms of a lease for agricultural land owned by Ms. Naegle and rented by Franscioni and REFCO Farms, LLC. 5 -16-22 Complaint filed by Naegle, which was amended 7 -5-22 to state the following causes of action: 1) Breach of Oral Contract; 2) Open Book Account. 8 -2-22 Defendants file...

Excerpt: ...iability insurance issued to a pizza parlor tenant. The claim in the underlying action by Jake Davis alleged he sustained bodily injury performing maintenance work for the pizza parlor at the shopping center owned by Mission Village. The pizza parlor, as a tenant of the shop ping center had promised to provide liability coverage to Mission Village as an additional insured. The policy from State Farm insuring Mission Village as an additional insur...

Excerpt: ...sco Landscaping, Inc ; 2) Partition of Real Properties; 3) Breach of Fiduciary Duty; 4) Injunctive Relief; 5) Restitution; and Damages. The Complaint avers that PlaintiƯ as an individual holds 50% of the outstanding shares of Al Fresco Landscaping, Inc, and 80% of the outstand ing shares of Al Fresco Landscape Page 2 of 12 *Please contact Judicial Courtroom Assistant, Wendy S. Guerrero, at (831) 636 -4057 x129 or [email protected] wit...

Excerpt: ...nd a Cross Com plaint as a single unified document. On August 16, 2024, Defendant filed an Amended Answer and amended (Cross) Complaint. Plaintiff's Motion to Strike Defendant's Motion to Quash is thus moot, and the court denies the request for attorneys' fees. Defendant 's Objection to Plaintiff's Application to File Under Seal was filed and failed to cite any legal authority and is DENIED. Plaintiff's Motion to Strike Defendant's Answer and Cro...

Excerpt: ...ices and/or for cash a dvances. The Defendant, in exchange for the use of the credit card agreed to repay the principal balance along with interest and other charges. The PlaintiƯ alleges that the contract was breached on or about March 8, 2023, when the Defendant failed to make any further payments on the balance of the account. PlaintiƯ further adds causes of action for common counts for money lent and paid out or expended at Defendant's requ...

Excerpt: ...n Grimsley); Def endants California Rock Transportation LLC, Austin Grimsley were defaulted as of 5 -23 -24 This case arises from the Plaintiff's claims that Defendants, and each of them, executed a credit application on or about 6 -21 -21 to purchase fuel and agreed to pay fo r that fuel pursuant to the terms of the credit application. On various dates thereafter until January 13, 2023, Defendants allegedly purchased and received fuel through th...

Excerpt: ... =nc . and Al Fresco Landscaping, =nc; 2) Partition of Real Properties; 3) Breach of Fiduciary Duty; 4) =njunctive Relief; 5) Restitution; and Damages. The Complaint avers that Plaintiff as an individual holds 50% of the outstanding shares of Al Fresco Landsca ping, =nc, and 80% of the outstanding shares of Al Fresco Landscape Management, =nc. Defendant Frank DelCarlo holds 50% of the outstanding shares of Al Fresco Landscaping, =nc. and 20% of t...

Excerpt: ...Keith Me rrell, in pro per. 5 -11 -23 First amended Cross Complaint (Crestani, EnviroServices, LLC v. DeCarlo, et al.): 1) Penal Code §496; 2) Conspiracy to Confer and Embezzle; 3) Breach of Fiduciary Duty and Duty of Loyalty; 4) Fraud; 5) Slander Per Se (Civ. Code § 46); 6) =nterference with Prospective Economic Advantage; 7) Promissory Note; 8) =mplied Contract. 5 -29 -24 Plaintiff 's SAC: 1) Fraud; 2)Conversion; 3) Unjust Enrichment;4)Accoun...

Excerpt: ... violations of the labor code. The Complaint was amended twice. The SAC filed 3 -20- 23 seeks relief as a class and r epresentative action for 1) Failure to pay all wages due; 2) Failure to provide rest periods or compensation in lieu thereof; 3) Failure to provide meal periods or compensation in lieu thereof; 4) Failure to reimburse all business -related expenses; 5) Know ing and intentional Failure to comply with itemized employee wage stateme...

Excerpt: ...ff's veh icle. Plaintiff then filed her motion for attorney's fees and costs pursuant to statute on 4 -11 -24. In opposition, the Defendant argues that the Plaintiff's counsel has artificially inflated their fees, which are in no way reasonable given the settlement entered by the parties, that the pleadings have been recycled, and that no multiplier is appropriate under the circumstances. The Plaintiff has failed to show that the time claimed ...

Excerpt: .... After an extensive process beginning in 2017, Plaintiff had filed suit on or about 11 -12- 21 seeking writ of mandate to compel HHH to take action regarding her initial application. Shortly before trial was set in that case, HHH asked Plaintiff to reapply, and submitted her application, and her updated California medical license, DEA, and malpractice insurance information. The process continued to be delayed. Ultimately in January 2023, Plaint...

Excerpt: ....org with any objections or concerns. Note 3 -29 -24 Defendant requests that the Demurrer continue to allow opportunity to meet and confer as is statutorily required. The parties have been unable to meet and confer and have not previously sought extension of time. Defendant and moving party is thus entitled to an automatic 30 day extension of time in which to file further pleadings. Based on other pending litigation and associated deadlines incl...