Defendant Ditech Financial LLC fka Green Tree Servicing, LLC’s Demurrer to Plaintiffs’ complaint is sustained in part and overruled in part.   The demurrer to the first cause of action for intentional interference with contractual relations is  sustained without leave...

Petitioners John Ampol and the San Diego Police Officers Association’s Motion for Writ of Mandate and Declaratory Relief is granted in part and denied in part.   Where, as here, “an administrative decision does not substantially or tangentially involve any...

Plaintiff Harold DeNardi’s Motion for Permanent Injunction is granted.   A permanent injunction is appropriate to remove an obstruction to protect and preserve an easement. (Warsaw v. Chicago Metallic Ceilings, Inc. (1984) 35 Cal.3d 565, 572.) In Warsaw, the court...

Defendant Richard Tran’s Demurrer to the Complaint is sustained.   The demurrer to the second cause of action for fraud and third cause of action for negligent misrepresentation is sustained with leave to amend. The complaint fails to allege the...

Defendant Tully Rinckey PLLC’s Motion to Compel Arbitration and Stay Remainder of the Action is granted.   Absent waiver, grounds for revocation, or a related pending action, the court must grant a petition to arbitrate where the parties have a...

Plaintiffs/Cross-Defendants Francis John Ragen III and Amy Ballard Ragen’s, Trustees of the Ragen Family Trust, Motion for Summary Adjudication is denied. Ragen is moving for summary adjudication of the following causes of action: Ragen’s Tenth Cause of Action for Quiet...

Defendant Bernardo Heights Healthcare, Inc.’s Demurrer to the Complaint is overruled.   Plaintiffs’ first cause of action is for Elder Abuse as set forth in the Elder Abuse and Dependent Adult  Civil Protection Act (“EADAPA”), codified in Wel. & Inst....

Plaintiff’s motion to impose nonmonetary sanctions against defendant G&K Services, Inc. (“G&K”) is denied.   G&K did not fail to obey the Court Order dated December 11, 2015, as to its further responses to special interrogatories nos. 21 and 22....

Defendant Bank of America as successor in interest by merger to Merrill Lynch Credit Corporation’s Demurrer to the Second Amended Complaint is sustained without leave to amend.   The demurrer to the first cause of action for fraud is sustained...

Plaintiff Ruby Baghdassarian’s unopposed Motion for Preliminary Approval of Class Action Settlement is granted.   A class is conditionally certified for purposes of settlement. (Cal. Rules of Court, rule 3.769(d).) Wucetich & Korovilas LLP are designated as class counsel. The...