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2021.04.26 Demurrer 467
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.26
Excerpt: ...1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. First Cause of Action for Breach of Written Contract: A breach of contract cause of action requires: (1) a contract between the parties, (2) performance by plaintiff or excuse from performance, (3) breach by the defendant, and (4) damages. Oasis West Realt...
2021.04.22 Motion for Leave to File SAC 063
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.22
Excerpt: ... (Magpali v. Farmers Group (1996) 48 Cal. App. 4th 471, 487.) Pursuant to Cal. Rules of Court, Rule 3.1324(a), a motion to amend a pleading before trial must include a copy of the proposed amended pleading, which must be serially numbered to differentiate it from previous pleadings and must state what allegations are to be added or deleted. (CRC 3.1324(a)(1)‐(3).) The motion must also be supported by a separate declaration. The declaration must...
2021.04.21 Demurrer 882
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.21
Excerpt: ...aunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) The complaint must be construed liberally… with a view to substantial justice between the parties.” (CCP § 452; Gressley v. Williams (1961) 193 Cal.App.2d 636, 639.) If the complaint fails to state a c...
2021.04.21 Demurrer 041
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.21
Excerpt: ...� 0899792, (3) Assignment of Deed of Trust recorded on October 13, 2019, (4) Substitution of Trustee recorded on August 27, 2020, (5) Notice of Default and Election to Sell recorded on August 27, 2020, and (6) Substitution of Trustee recorded on November 5, 2020. Recorded documents may be judicially noticed pursuant to Evid. Code §452(h). Generally, a court may take judicial notice of the fact of a document's recordation, the date it was recorde...
2021.04.20 Demurrer, Motion to Strike 734
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.20
Excerpt: ...al facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) If the complaint fails to state a cause of action, the court mus...
2021.04.13 Motion to Compel Production of Docs 123
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.13
Excerpt: ...ure to proceed with the deposition is not well grounded in both law and fact. Oaks cites to no authority which supports his contention that plaintiff should have proceeded with his deposition even though there was a dispute with his counsel regarding the deposition of Donald Oaks. Instead of wasting time to complete the deposition of Donald Oaks and commence the deposition of Brian Oaks, under conditions which plaintiff's counsel believed impeded...
2021.04.12 Motion to Strike SAC 749
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.12
Excerpt: ...435; Warren v. Atchison, T. & S.F. Ry. Co. (1971) 19 Cal.App.3d 24, 40.) As with demurrers, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. (CCP § 437(a).) “[T]he court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged.” (Washington Int'l Ins. Co. v. Superi...
2021.04.06 Demurrer, Motion to Strike 552
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.06
Excerpt: ... demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form pa...
2021.04.06 Demurrer 205
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.06
Excerpt: ...sks the court to not take judicial notice of this document because the parties adamantly dispute the proper interpretation of the June 18, 2016, claim. Plaintiff argues since the proper interpretation is contested, it is not “reasonably beyond dispute” and not suitable for judicial notice. Importantly, Defendants do not ask the court to take judicial notice of a specific interpretation of the Claim. The court can take judicial notice of the e...
2021.04.05 Motion to Compel Further Responses 561
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.05
Excerpt: ...ils to support either objection with sufficient evidence. For example, GM attaches the declaration of a design engineer for GM (Huizhen Lu) who generally states that such designs and engineering are trade secrets. However, the declaration fails to specify the manner in which the particular discovery in this matter involves the genericallydescribed design and engineering trade secrets he identifies. The reply points out that the declaration is fro...
2021.04.01 Motion for Leave to Amend Complaint 572
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.04.01
Excerpt: ... action earlier because he did not know of the applicability of these causes of action as a pro per litigant. (Singh Dec., ¶4.) He indicates that he met with an attorney who informed him of the nexus between the claims and Aryal's alleged bad acts. (Id at ¶3.) Generally, the court should grant leave to amend the complaint where the party has a good cause of action which he has accidentally or mistakenly failed to raise in the complaint. (Higgin...
2021.03.30 Motion to Compel Arbitration and Stay Action 758
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.03.30
Excerpt: ... an official act of the executive, judicial or legislative departments of the state of New York, and thus of document that could be judicially noticed (Evid. Code, § 452, subd. (c)), it is not relevant to this motion. The request is denied on that basis. To the extent that the plaintiff relies upon it to establish the defendant's “own internal policies” (Oppo., p. 3), those policies are not subject to judicial notice. The declaration of Le m...
2021.03.25 Motion to Continue Trial 660
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.03.25
Excerpt: ...for an order shortening time. Defendant then filed objections to remote jury trial and a renewed request to continue trial. First, the court points out that while the amended trial setting order informs the parties that the matter may need to proceed remotely, that decision is made on the basis of the circumstances in existence at the time of trial. In‐ Person Jury Trials Defendant's unopposed motion argued that a jury trial conducted remotely ...
2021.03.23 Demurrer 525
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.03.23
Excerpt: ... is a nuisance under Civil Code section 3479, which defines a nuisance as “[a]nything which is injurious to health…so as to interfere with the comfortable enjoyment of life or property….” (Complaint, ¶ 112.) A nuisance may be either private or public. A public nuisance is “one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflict...
2021.03.23 Demurrer 389
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.03.23
Excerpt: ...er based on uncertainty should be overruled Defendants argue the complaint is uncertain because plaintiff uses the terms “advances” and “loans” interchangeably within the pleading without explaining the difference. As noted above, a demurrer based on uncertainty must be so uncertain as to make it impossible for defendant to respond. (See Khoury, supra, at p. 616.) The demurrer based on uncertainty is rejected because there is nothing unce...
2021.03.17 Demurrer 799
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.03.17
Excerpt: ... he had knowledge of the concealed fact; and (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) A claim for fraudulent concealment can be based on facts known only to a defendant, defendant knows plaintiff does not know these facts and cannot reasonably discover them, and where the defendant actively conceals discovery from plaintiff. (Warner Con...
2021.03.16 Motion to Compel Further Responses 637
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.03.16
Excerpt: ...ment v. Alegra (2009) 177 Cal.App.4th 1277, 1294). Although some effort is required in all instances, the level of effort that is reasonable is different in different circumstances, and may vary with the prospects for success. (Id.) Defendant complains that Plaintiffs sent a meet and confer letter at the last minute, only 8 days before the deadline to file a motion to compel, showing bad faith. Plaintiffs accuse Defendant of dumping documents on ...
2021.03.16 Motion to Compel Arbitration 160
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.03.16
Excerpt: ...on. To assure uniform results as to arbitrability of disputes subject to the FAA, conflicting state law is preempted under the Supremacy Clause. (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 352.) The FAA has been held to preempt a variety of types of employment disputes subject to arbitration agreements, e.g., Cal. Labor Code, §229 which authorizes lawsuits for unpaid wages “without regard to the existence of any private agreement to ...
2021.03.10 Demurrer, Motion to Strike 599
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.03.10
Excerpt: ...ately caused death or injury to person or property; (3) the death or injury resulted from an occurrence of the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.” (Galvez v. Frields (2001) 88 Cal.App.4th 1410, 1420.) Although Defendants ...
2021.03.03 Motion for Summary Judgment 580
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.03.03
Excerpt: ...ted in such documents is not subject to judicial notice. (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471.) Pursuant to Corps. Code §1304, Plaintiff asks the court “to determine or appoint one or more impartial appraisers to determine the fair market value of Plaintiff's dissenting share.” (Comp. ¶46; Prayer ¶¶12‐15.) Defendant RPN asserts an affirmative defense to this cause of action under Corps. Code §310, whi...
2021.02.25 Motion for Undertaking 592
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.02.25
Excerpt: ... may be awarded in the action or special proceeding. For the purposes of this section, ‘attorney's fees' means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract.” C.C.P. § 1030(a). In the motion, the defendant must show that the plaintiff resides out of the state and that there is a reasonable possibility that it will obtain judgment in the action. The majority of Plaintiff's ...
2021.02.25 Demurrer 283
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.02.25
Excerpt: ...05, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) If judicially noticeable records disclose an absolute defense to the action or deficiency in the complaint, the matter can be adjudicated at the demurrer hearing. (Bistawros v. Greenberg (1987) 189 Cal.App.3d 189, 192.) Defamation/Public Disclo...
2021.02.24 Motion for Dismissal 534
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.02.24
Excerpt: ... Plaintiff or issued by the court. The court takes judicial notice pursuant to Evidence Code Sections 452© and (d)(1) as requested by Defendant, specially appearing, as to the following: 1. Notice of Determination dated June 3, 2020, for the Legado project, issued by the City of Menifee. 2. Notice of Determination dated June 17, 2020, for the Legado project issued by the City of Menifee. 3. The Case Report for Case No. RIC 2003534. 4. The compla...
2021.02.23 Motion for Appointing Receiver and Preliminary Injunction 489
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.02.23
Excerpt: ...1; 4. Judge Harmon's ruling on the demurrer dated January 22, 2021; and 5. Declaration of Tom Macomber submitted in support of Plaintiff's Opposition to Defendant's Ex Parte Application for an Order Relating Cases dated February 12, 2021. The court takes judicial notice of these documents under Evidence Code §452(d). Grant. II. Evidentiary Objections to Verified Complaint Defendants object to the complaint verified by Tom Macomber, President of ...
2021.02.18 Motion to Amend 585
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2021.02.18
Excerpt: ...471, 487.) Pursuant to Cal. Rules of Court, Rule 3.1324(a), a motion to amend a pleading before trial must include a copy of the proposed amended pleading, which must be serially numbered to differentiate it from previous pleadings and must state what allegations are to be added or deleted. (CRC 3.1324(a)(1)‐(3).) The motion must also be supported by a separate declaration. The declaration must specify: (1) the effect of the amendment; (2) why ...

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