WELDON VS FIFE

cause of action for equitable indemnity as to Defendant Wesco.

6th Cause of Action Breach of Contract: The elements for a breach of contract claim are: (1) contract; (2) plaintiff’s performance; (3) breach; and (4) damages. (Wall Street Network, Ltd. v. N. Y. Times Co. (2008) 164 Cal.App.4th 1171, 1178.) The Complaint sufficiently states a cause of action for breach of contract against Defendant Wesco.

As to Defendant AmTrust for the 2nd, 3rd, 5th and 6th Causes of Action, Demurrer is SUSTAINED, with leave to amend. Plaintiff to file amended complaint within 15 days.

As to Defendant Wesco Insurance for the 2nd, 3rd, 5th and 6th Causes of Action, Demurrer is OVERRULED.

Case Management Conference continued to 11.24.26.

4. CASE # CASE NAME HEARING NAME JAMES VS DESERT MOTION FOR LEAVE TO FILE SECOND CVPS2603656 MOBILE HOMES LLC AMENDED COMPLAINT Tentative Ruling: No opposition filed.

Motion for Leave to File 2nd Amended Complaint GRANTED.

The Proposed 2nd Amended Complaint attached as Exhibit A to Plaintiff’s Motion shall be deemed filed as of the date of this order.

Hearing on Anti-SLAPP motion as to the 1st Amended Complaint is confirmed for 9.23.26. It should be noted that Plaintiff filed his motion for leave to file an amended complaint on 7.14.26. The hearing for that motion was calendared for 8.18.26. On 8.10.26, Defendant filed a special motion to strike pursuant to CCP 425.16, with the hearing date for 9.23.26.

Thus, Plaintiff’s motion was not filed prior to the Anti-SLAPP motion and not subject to the restrictions of attempting to plead around a special motion. (JKC3H8 v. Colton, 221 Cal.App.4th 468, 477-478 (2013)).

5. CASE # CASE NAME HEARING NAME DEMURRER ON COMPLAINT FOR WRONGFUL EVICTION AS TO FIRST AND SECOND CAUSES OF ACTION BY CVPS2604324 WELDON VS FIFE MICHAEL E. FIFE, AS TRUSTEE OF THE FIFE FAMILY TRUST, DATED MAY 13, 2008 Tentative Ruling: No tentative ruling.

The hearing on the demurrer is continued to 10.01.26. The parties are ordered to meet and confer via in person, teleconference or phone for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrer. As part of the meet and confer process, Defendant shall identify the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. Plaintiffs shall provide legal support for their position that the pleading is legally sufficient or, in the alternative, how the complaint may be amended to cure any legal insufficiency.

After meeting and conferring, the parties shall 10 days before the continued hearing date set above do one of the following: (1) Defendant vacate the hearing on the demurrer, and file an Answer; (2) The Parties file with the court a joint declaration stating the parties have agreed that Plaintiff will file an amended complaint before the date set forth above; or (3) The Parties file with the court a joint declaration stating the means by which the parties met and conferred and identifying the specific objections in the demurrer and supporting memorandum of points and authorities that the parties were unable to resolve. (CCP §430.41(a)(3), CCP §435.5(a)(3).)

The court will not accept further briefing. Failure to comply will result in sanctions.

6. CASE # CASE NAME HEARING NAME MOTION TO STRIKE COMPLAINT OF MARKUS WELDON BY MICHAEL E. CVPS2604324 WELDON VS FIFE FIFE, AS TRUSTEE OF THE FIFE FAMILY TRUST, DATED MAY 13, 2008 Tentative Ruling: No tentative ruling. Hearing is continued to 10.01.26 for meet and confer purposes as noted above.

7. CASE # CASE NAME HEARING NAME BELTRAN VS HARD ROCK PSC1802081 MOTION FOR ATTORNEYS FEES HOTEL LICENSING INC Tentative Ruling: No tentative ruling. Hearing was continued to 9.22.26 to permit filing of sur-reply by Plaintiff Stephanie Beltran.