Excerpt: ...es and/or costs from the Plaintiffs' pursuant to CCP S 473(a) is DENIED, without prejudice. In reviewing the Motions in this matter on for hearing today, the court must as a practical matter review them slightly out of order of their filing. The reason for this is simple. The court in granting Plaintiffs' Motion for Leave to File First Amended Complaint would render moot the Defendants' Motion for Summary Judgment, or in the Alternative Summary A...

Excerpt: ...leged tort feasors or co- obligors upon giving notice..." (CCP 5877.6 sub (a) (1).) Good faith settlement may be determined by the court based on affidavits served with the notice of hearing, any counter affidavits in response, or the court may receive other evidence at hearing. (CCPS877.6 sub Such a determination bars other joint tort feasors or ccyobligors from further claims against the settling tort feasor or co-obligor for equitable comparat...

Excerpt: ...ursuant to Cal Evidence Code 5452 sub (d) (1) is GRANTED. 8. Defendant's [01/31/2022] Objection No. 1 to the Declaration of M. Gavron in support of motion at 94 on the basis that it provdes incomplete testimony, is irrelevant, and speculative, on the basis that the attached portions of the deposition did not include all corrections to the deposition testimony is SUSTAINED (Incomplete). Objections Nos. 2-15 to EX B - Rogers Deposition 118:2- 119:4...

Excerpt: ...an Elec. Corp., (2007) 146 Cal.App.4th 1474, 1476 (citations and internal quotation marks omitted).) "Attachment is a harsh remedy because it causes the defendant to lose control of his property before the plaintiffs claim is adjudicated." (Martin v. Aboyan, (1983) 148 Cal. App. 3d 826, 831.) "Since California's attachment law is purely statutory, it must be strictly construed." (VFS Fin„ Inc. v. CHF Express, LLC, (C.D. Cal. 2009) 620 F. Supp. ...

Excerpt: ...erpreting contract, the court must therefore give ordinary meaning to the words employed in the settlement. The Defendant's CCP 664.6 motion to enforce the settlement by requiring Plaintiff to build such a fence by a date certain or repay the $30,000, plus interest, is DENIED. The initial stipulation was signed by the parties in 2016, agreeing on a survey which resolved their boundary dispute. In it, Defendants agreed to pay Plaintiffs $30,000 in...

Excerpt: ...im, upon which his motion is based, is highly unlikely. In light of the fact that the proposed relief, halting Defendants' operations and management of the facility, is a substantial change in the status quo, the balance of the hardships does not favor the Plaintiffs. The request for a Temporary Restraining Order is DENIED. The Plaintiffs' request for temporary order is grounded in his claim that Defendants are trespassing. The elements of trespa...

Excerpt: ...been filed. The motons are GRANTED. Generally speaking, all forms of written discovery are due within thirty days. (CCPSS2030.260, 2031.260, 2033.250(a).) The time to respond is automatically extended by two days based on electronic service, (CCPS1010.6.) or five days based on service by postal mail. (CCPS1005.) A failure to provide a timely response to a discovery request authorizes a motion to compel responses. Service of untimely response does...

Excerpt: ...04. The building rented to various tenants conducting various businesses on the premises. Plaintiff's father had purchased an insurance policy with Allstate Insurance through a local insurance broker, BishopLusink Insurance Agency which covered the premises. Plaintiff maintained this policy without alteration after the close of escrow and thereafter. Subsequently, on July 12, 2020, Plaintiff's building caught fire resulting in substantial damage ...

Excerpt: ...icial notice pursuant to Ev. Code §§452(h), 453. The Court noted that Defendant, City of Hollister, was the prevailing party, including on appeal. The Defendant's entitlement to prevailing party attorney fees was thus supported by a straightforward analysis based on the clear language of the attorney's fees provision in the subject Annexation Agreement as well as the mandatory reciprocal fees language found at Civ. Code §1717. The Court must l...

Excerpt: ...oore1 was removed as trustee of the Frank Sanchez Living Trust (hereafter, the Trust) in 20172 . Subsequently, Mary filed a new civil complaint on 5‐12‐22 alleging she was not properly compensated for her prior work as the Trustee of the Trust, and raising additional issues relating to the internal administration of the probate trust. Defendant argues that their demurrer to the Plaintiffs causes of action should be sustained because there is ...

Excerpt: ...e Plaintiffs, but entry of the same was stayed to allow the Defendants to complete the terms of the agreement as defined in paragraphs 4‐8, inclusive, of the stipulation. The parties reserved the court's jurisdiction to set aside the dismissal and enter judgment upon a showing that Defendants failed to complete the terms of the settlement. The Plaintiff now asserts that Defendant has defaulted on the parties' written settlement agreement. On Au...

Excerpt: ...tlement agreement. On June 29, 2022, Plaintiff filed its Motion for Enforcement of Settlement Agreement and Award of Costs and Attorney's fees, pursuant to CCP§664.6. There is no Opposition. California Code of Civil Procedure §664.6 invests the court with the power to enforce settlement agreements with summary procedures as defined by the statute. Under the code, if parties to pending litigation stipulate out of court in a writing signed by bot...

Excerpt: ...ttlement agreement. On June 29, 2022, Plaintiff filed its Motion for Enforcement of Settlement Agreement and Award of Costs and Attorney's fees, pursuant to CCP§664.6. There is no Opposition. California Code of Civil Procedure §664.6 invests the court with the power to enforce settlement agreements with summary procedures as defined by the statute. Under the code, if parties to pending litigation stipulate out of court in a writing signed by bo...

Excerpt: ...uses of action for both General Negligence, and Premises Liability, alleging negligence and willful failure to warn, and claims that that Van Unen was an employee of the Defendants, that he was intoxicated at the time of the incident, that the golf cart which struck him on was owned by the Defendants, and that they and each of them ratified Van Unen's presence and use of the golf cart on 9‐14‐19. Defendants, except Van Unen, collectively move...

Excerpt: ...iff then attempted to file an Answer on April 26, 2021, which was stricken by court order on 11/09/2021. (Court file, Order Striking Answer file stamped November 9, 2021.) Plaintiff and Cross‐Defendant LCR Asset Management, LLC, has now moved to set aside entry of default. Code of Civil Procedure section 473(b) states there is a six‐month window in which a party may seek to set aside a default or other order entered against a party due to tha...