Excerpt: ...the collec tion of money owed pursuant to a written credit card agreement. 9 -28 - 23 an unverified answer was filed with a general denial and numerous affirmative defenses. Argument: Plaintiff asserts that the Plaintiff issued Defendant a credit card pursuant to writ ten agreement on or about 9 -16- 2011. After using the card for a number of years, Plaintiff asserts that Defendant failed to make further payments after 7 -31 -2022, with an outs...

Excerpt: ...e the October 17, 20 23 order claiming that Defendant's exemption and redaction logs omitted “any of the information needed to justify a claim of exemption or privilege. There is no description of the documents; there is no explanation for why the claimed privileges and exemp tions apply to each document; there are thousands of emails on the logs (identifiable by the “.msg” ending to the file name) with no information on the sender and re...

Excerpt: ...oes not ser ve to test the 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 pl eadings which are subject to judicial notice. (Tenet, supra, at 831.) When any ground for objection to a complaint…appears on the face thereof, or from any matter of which the cour...

Excerpt: ...or Judicial Noti ce Defendant Agromin's Request for Judicial Notice of the transcript of the Deposition of Timothy Lee DeCarlo, submitted as Exhibit A to the Declaration of Frank Peretta, pursuant to Evidence Code §§452(d)(1) and 453, is GRANTED. As part of the Court's file, judicial notice may be taken of this transcript. However, though the existence of statements contained in a deposition transcript filed as part of the court record can be...

Excerpt: ...2,77.) The com plaint must sufficiently allege every element of the cause of action and state the Plaintiff's standing to sue to properly state a cause of action. (Shaeffer v. Califa Farms, LLC (2020) 44 Cal. App. 5th 1125, 1134.) The pleading must state ultimate facts which, when taken as a whole, apprise the Defendant of the factual basis of the claim. While the court must assume the truth of all facts properly pled, or judicially noticeable fa...

Excerpt: ...der Green (City of Hollister) Defendant: Dana Alden Fox, Alexander Green (Pedro Galvan) Other: California Insurance Co (Christopher Capalbo) This case arises from a motor vehicle collision occurring on or about April 30, 2018. While driving at night, in San Benito Co unty, when the Defendant Galvan, driving a backhoe tractor truck, owned by Defendant City of Hollister, was involved in the collision with Plaintiff's vehicle. This case follows. Pla...

Excerpt: ...n. 9 -7 -22 Complaint filed seeking damages, declaratory relief, injunctive relief, punitive, and exemplary damages, and other relief, based on the following causes of action: 1) Larceny; 2) Conversion; 3) Breach of Implied Covenant of Good Faith and Fair Dealing; 4) Breach of Fiduciary Duty; 5) Fraud and Intentional Deceit; and 6) Constructive Fraud. 10 -27- 23 First amended Complaint is filed seeking damages, declaratory relief, injunctive re...

Excerpt: ...hat t he parties acted with substantial justification. Page 2 of 5 **Please contact Judicial Courtroom Assistant, Wendy Guerrero, at (831) 636 -4057 x129 or [email protected] with any objections or concerns. Motion 2 Plaintiff's Motion to Strike Prel iminary Statement from ACCO Engineered Systems' Untimely Responses to the First Set of Special Interrogatories is DENIED. To properly respond to each discovery request, each answer or obj...

Excerpt: ...son most qual ified to respond to a discrete area of inquiry. While it is true that natural persons may only be deposed once without leave of court or consent of the deponent, governmental entities, such as Defendant are not natural persons. Moreover, the person most k nowledgeable is not deposed as a natural person, but rather as the voice of the entity in question, whether that be a corporation, an association, or as here, a governmental entit...

Excerpt: ... section 452 require s the Court to construe the allegations of pleadings liberally. (Porten v. Univ. of San Francisco (1976) 64 Cal.App.3d 825, 833.) In addition, in considering a Demurrer, the Court must accept as true all facts alleged in the Complaint. (Fundin v. Chicago Pneumatic Tool Co. (1984) 152 Cal.App.3d 951, 955.) As to the Fourth Cause of Action, Cross -Complainant has sufficiently pled facts to constitute a cause of action for wrong...

Excerpt: ...e Demurrer is Overruled as to the Second through the Sixth Causes of Action, inclusive. 9-7-22 Complaint Þled seeking damages, declaratory relief, injunctive relief, punitive, and exemplary damages, and other relief, based on the following causes of action: 1) Larceny; 2) Conversion; 3) Breach of Implied Covenant of Good Faith and Fair Dealing; 4) Breach of Fiduciary Duty; 5) Fraud and Intentional Deceit; and 6) Constructive Fraud. 10-27-23 Firs...

Excerpt: ...relief in the form of a writ of mandate, and for the award of monetary damages and attorney fees for the following causes of action: 1) Violation of Subdivision Map Act and City's Code of Ordinances (Title 16, Subdivisions): Administrative Mandamus (CCP §1094.5); 2) Ordinary Mandamus (CCP§1085); and 3) Damages (Inverse Condemnation/Unlawful Regulatory Taking). 11-8-23 Matter continued for further CMC and Demurrer 12-20-23 Matter continued for f...

Excerpt: ...ry to its defense. (Rosenthal v. Great Western Fin. Securities Corp. (1995) 14 Cal. 4th 394, 413.) There is strong policy in favor of the arbitrability of contracts. (Eriksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak St. (1983) 35 Cal. 3d. 312, 323.) under both the Federal Arbitration act and the California Arbitration act, given the public policy objectives of the acts, "any doubts regarding arbitrability of a dispute are resolved i...

Excerpt: ...a Cilluffo, Kenneth Taylor ( Kevin Essary, David Anderson ; DBA Willow Glen Construction) *Cross Complaint 2: Cross Complainant: Dawna Cilluffo , Kenneth Taylor ( Kevin Essary, David Anderson ; DBA Willow Glen Construction ) Cross Defendants: Bradley Sullivan ( Agripharma); Thomas Guy, Janet Stinnett, Jennifer Boswell (Dryco Construction); Lilianne Chaumont (First Alarm); David Harris ( ndoor Air Design); Colette Stone ( yons Brothers); Richard H...

Excerpt: ...proper notices. Matter set to 11-15-23. 10-18-23 Amended Notice of Motion: Plaintiff is seeking set aside of dismissal for the limited purpose of establishing the Court's jurisdiction to modify its prior orders regarding the imposition of monetary sanctions. After that order is modified, Plaintiff consents to the entry of dismissal as otherwise provided in the Court's 5-31-23 order granting Defendant Resendez's motion for terminating sanctions. 1...

Excerpt: ...ir residence by the Defendant, Wells Fargo, and to set aside the transfer of the property to the purchaser at the trustee's sale. The underlying complaint was subsequently amended. Thereafter, on July 2, 2021 the court ruled on the Defendants' demurrer to the Second Amended Complaint. In its ruling the Court sustained without leave to amend the Demurrer of Defendant Barrett Daffin, Frappier, Treder, &Weiss, LLP's (BDFTW) Demurrer as to the First,...

Excerpt: ...out 3-2-06 Defendant Galvan executed a Promissory Note secured by the equity in the real property of Defendant for a loan. The Defendant agreed to repay the amount with interest in monthly installments. The original lender transferred its ownership and all rights on the contract ( including the transfer of the security interest) which were then assigned to the current plaintiff. Defendant failed to make payments, and this action followed. Page 5 ...

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: ...n 15 calendar days of this order. Defendant General Motors' Motion to Compel Defendant's Motion to Compel the Deposition of Plaintiff is DENIED. When a party is served with a deposition notice but fails either to appear for examination or to proceed with it, or to serve a written objection to the notice at least three calendar days before the scheduled date for the deposition, the party giving notice may move for an order to compel the deponent's...

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: ...emurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) The court does not look to a plaintiff's ability to prove the allegations in the complaint, or whether they will be able to make such proofs in assessing whether the complaint is legally sufficient. (Alcorn v. Anbro Eng'g, Inc. (1970) 2 Cal. 3rd 493,496.) A complaint "is suffic:ient if it alleges ulti...

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: ...sideration Defendant's Motion for Reconsideration is DENIED. A party may seek a reconsideration of a court's order or ruling within 10 days of the issuance of the order, on the basis that reconsideration is warranted by the discovery of new facts or new law. (Cal. Code of Civ. Proc. 51008.) There are no new facts or law presented in this motion, nor should the court exercise discretion to grant relief in the face of Defendant's ongoing failure to...

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...