Excerpt: ... pa rty to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist f...

Excerpt: ...Dem urrer: Defendant GM has argued that the fifth cause of action fails to state facts sufficient to constitute a cause of action for fraud because plaintiff has failed to plead specific facts to support the elements of his claim, including who made the misrep resentations, their authority to speak, when the misrepresentations were made, by what means they were made, and how plaintiff relied on the representations and was damaged by them. (Tarm...

Excerpt: ...on and George Ritchie are directed to file an Answer within 10 days of service of the minute order by the clerk. Explanation: Demurrer On March 1, 2023, plaintiff JHS Family Limited Partnership, DBH Family Limited Partnership, and JCH Family Partnership (collectively “Plaintiffs”) filed an original complaint for four causes of action against defendant Millerton Lake Mobilehome Village Association and George Ritchie (collectively “Defendan...

Excerpt: ...ty the reto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbi tration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or...

Excerpt: ... ion: Code of Civil Procedure section 2023.010, subdivision (g), makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,” but sanctions are only authorized to the extent permitted by each discovery procedure. Once a moti on to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further m...

Excerpt: ...tion 438, subdivis ion (c)(1)(B)(ii). Defendant submits that the second cause of action fails to state sufficient facts on three grounds: (1) as a public entity, it is immune from direct common law claims; (2) as a public entity, it cannot be held vicariously liable for its employees when it was the actor, not the employees; and (3) the claim is not sufficiently particularly pled. A motion for judgment on the pleadings has the same function as a ...

Excerpt: ...ed to submit a new proposed order. To set a status conference for Thursday, December 5, 2024, 3:30 p.m. in Department 403. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class an d found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its d...

Excerpt: ...ure and mode of comp ensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties . . ..” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are "allowable as costs under Section 1032" when they are "authorized by" either "Contract," "Statute," or "Law." The Rental Agreement between the parties...

Excerpt: ..., Inc. , shall file and serve a First Amended Complaint within 10 days of the date of service of this order by the clerk. All new allegations shall be in boldface. Explanation: Plaintiff FFF Enterprises, Inc. (“Plaintiff”) file an original Complaint stating four causes of action for: (1) breach of contract; (2) open book account; (3) account stated; and (4) quantum meruit based on the failure to pay for electrical components. Demurrer Defen...

Excerpt: ...arty is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendant. Explanation: Defendant Michelle Evans demurs on the basis that the complaint filed by plaintiff Nationwide Insurance Company of America (“Nationwide”) fails to state fact sufficient to state a cause of action, improperly omits a necessary defendant, and that there is another action p...

Excerpt: ...der. If or al argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanation: A prevailing buyer in an action under the Song –Beverly Act “shall be allowed by the court to recover as part of the judgment a sum equal t o the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer ...

Excerpt: ...of Ca lifornia, acting by and through the State Public Works Board (the Board, together the State) and The California High -Speed Rail Authority (the Authority, together Plaintiffs) filed this action against six related captioned defendants (Defendants) alleging eight causes of action to recover funds mistakenly paid to Defendants in 2017. Defendants now demur, claiming the first six claims are barred by the applicable statute of limitations an...

Excerpt: ...enth and eight h causes of action, without leave to amend. To overrule Martinez Accounting, Inc.'s (“MAI”) demurrers. (Code Civ. Proc., § 430.10, subd. (e).) Defendants shall file their answers to the Second Amended Complaint (“SAC”) within 10 days of service of the order by the clerk. Explanation: RVJ's Demurrer First Cause of Action for Breach of Contract “A cause of action for breach of contract requires proof of the following elem...

Excerpt: ...ill b e entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanation: 1. Introduction “The superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to...

Excerpt: ...xc ept as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” (Code Civ. Proc., § 425.16, subd. (c)(1).) “Thus, u nder Code of Civil Procedure section 425.16, subdivision (c), any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. M...

Excerpt: ...he acti on pending arbitration. Pursuant to the Federal Arbitration Act (“FAA”), A written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any con...

Excerpt: ...mmary judgment is granted when there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law.'” (Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 713, quoting § 437c, subd. (c).) To prevail in a motion for summary ju dgment, it is defendant's burden to prove there is a complete defense or that plaintiff cannot establish one or more elements of each of his causes of action. (Barber v. Marina...

Excerpt: ... Contr eras. If oral argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanation: Evidentiary Objections Evidentiary objection numbers 1 through 3 and 5 through 7, wherein defendant objects to the articles and excerpts of various construction and building standards attached as exhibits to the declaration of Zachary M. Moore, PE, DFE, CXFT, are sustained for lack of foundation. In evidentiary o...

Excerpt: ...rings a purp orted wage and hour class action against his former employer on behalf of himself and all others similarly situated. Defendant now seeks an order compelling plaintiff to private arbitration of his individual claims, and dismissal of the class claims. A tr ial court is required to grant a motion to compel arbitration “if it determines that an agreement to arbitrate the controversy exists.” (Code Civ. Proc., § 1281.2.) However, th...

Excerpt: ...il Installment Sale Contract. To stay this action and the remaining claims against the remaining parties pending the completion of arbitration. If oral argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3:30 p.m.). Explanati on: In moving to compel arbitration, defendants must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. The...

Excerpt: ...s i n the total amount of $2,499.90, payable within 10 days of the date of this order, with the time to run from the service of this minute order by the clerk. If oral argument is timely requested, such argument will be entertained at 2:30 p.m. (rather than 3: 30 p.m.). Explanation: Code of Civil Procedure section 664.6 provides, in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presen...

Excerpt: ... fails to file a timely claim, a “written application may be made to the public entity for leave to present such claim.” Plaintiff made such an application to the Fresno Housing Authority (“FHA”), but the application was denied. The court can only grant relief t o present a late claim if the application was made within a reasonable time not to exceed one year from the actual date of the cause of action. (Gov. Code, § 911.4, subd. (b).) ...

Excerpt: ...) In movi ng for summary judgment, a “defendant … has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action … cannot be established, or that there is a complete defense to the cau se of action.” (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff Fresno Community Hospital and Medical Center, d/b/a Community Health System (“CMC”) alleges two causes o...

Excerpt: ...tled to disgor gement from defendants of the $52,017.90 paid to defendants. Explanation: Pursuant to Code of Civil Procedure section 437c, subdivision (f), plaintiffs seek summary adjudication of the first cause of action for Violation of Contractor License Law – Contra cting Without a License. Plaintiffs seek disgorgement of all sums paid to defendants for construction work requiring a contractor's license, the sum of $50,295.51. The motion w...

Excerpt: ...cati on of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the class; and any oth er matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the action as a class action, not...