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2023.09.11 Demurrer, Motion to Strike 132
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.09.11
Excerpt: ... constitute a cause of action. (CCP S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of fts parts in their context. (Moore v. Regents of Univ. of Cal. (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded and of facts which may be inferred from those expressly pleaded. (Crowley v. Katleman (1994) 8 Cal.4th 666,...
2023.09.08 Demurrer, Motion to Strike 201
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.09.08
Excerpt: ...he Demurrer is overruled. As to the third and fifth causes of action, the Demurrer is sustained without leave to amend. SCW"s motion to strike is denied. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of acton. C.C.P. S 430.10(e). In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of parts in their context. Moore v. Regents of univer...
2023.09.06 Demurrer on FAC, Motion for Preliminary Injunction 760
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.09.06
Excerpt: ...de, S 9000(a) defines a creditor's claim as follows: "Claim" means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated: (1) Liability of the decedent, whether arising in contract, tort, or otherwise. (2) Liability for taxes incurred before the decedent's death, whether assessed before or after the decedent's death, other than property taxes and assessme...
2023.09.05 Demurrer, Motion to Strike FAC 201
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.09.05
Excerpt: ...th leave to amend within 20 days; as to the Second Cause of Action, the Demurrer is overruled; as to the Fourth Cause of Acton, the Demurrer is sustained without leave to amend; the Demurrer to the Fifth Cause of Action is sustained. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. S 430.10(e). In evaluating a demurrer, the court gives the pleading a reasonable interpretation by re...
2023.08.31 Motion to Quash Service of Summons and Complaint 493
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.31
Excerpt: ... following grounds: (1) lack of jurisdiction; (2) inconvenient forum; or (3) dismissal pursuant to a delay in prosecution. Without valid service of summons, the court never acquires jurisdiction cwer defendant. (C.C.P., S 418.10(a)(1); see Kremerman v. White (2021) 71 Cal.App.5th 358, 371 ["compliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a de...
2023.08.30 Demurrer to TAC, Motion to Strike 873
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.30
Excerpt: ... prospective economic advantage, and (4) negligent interference with prospective economic advantage. Accordingly, the Motion to Strike is granted as no breach of fiduciary duty has been stated and no underlying tort cause of action has been stated on which to claim punitive damages under Civil Code 53294. As to Evidentiary Objections: "A demurrer is a pleading used to challenge the legal sufficiency of an pleading based on defects that appear eit...
2023.08.25 Request for Issuance of Writ of Mandate 158
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.25
Excerpt: ...alifornia Courts of Appeal, 4th Appellate District Division 2: Banning Police Management Association, et al. v. City of Banning, et al. (Case No. E08404.) OBJECTIONS The City makes five (5) evidentiary objections to the declaration of Kelly Aviles filed in support of the Petition. Specifically, the City objects to Exhibits B, G, H, J, and M for lack of foundation and lack of authentication. Exhibit B: ERMA Board of Directors Meeting Minutes from ...
2023.08.25 Motion to Tax Costs 980
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.25
Excerpt: ...S 1033.5(c)(2) & (3).) Items specifically disallowed are set forth in CCP S 1033.5(b). An item neither specifically allowable nor prohibited may nevertheless be recoverable in the court's discretion if reasonable in amount and reasonably necessary to the conduct of litigation rather than merely convenient or beneficial to its preparation. (CCP S 1033.5(c)(2)-(4); Ladas v. California State Auto Ass'n (1993) 19 Cal.App.4th 761, 773- 774).) The losi...
2023.08.24 Motion for Judgment on the Pleadings 133
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.24
Excerpt: ...er has expired. (CCP S 438(c).) Thus, a motion for judgment on the pleadings attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed. (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reasonable interpretation. (Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal.App.4th 194, 198.)...
2023.08.23 Motion to Set Aside Default, Judgment 642
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.23
Excerpt: ...t him or her through his or her mistake, inadvertence, surprise or excusable neglect." 1 The court's discretion, however, "may be exercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits." 2 (Cruz v. Fagor America, Inc. (2005) 146 Cal.App.4th 488, 495). CCP S 473(b) further provides that an applicat...
2023.08.22 Motion to Set Aside Default, Judgment 602
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.22
Excerpt: ... hours at $400/hour + $13.70 in electronic filing fees). , payable within 30 days. Under CCP S473(b), the court has broad discretion to relieve a party "upon any terms as may be just...from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect." CCP S 473(b) notably provides fortwo distinct types of relief— "discretionary" and "mandatory." (Luri v. Green...
2023.08.18 Motion for Summary Judgment 508
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.18
Excerpt: ...issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (CCP S 437c(c).) "In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgement sh...
2023.08.16 Demurrer 025
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.16
Excerpt: ...rial 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. Yel ow Cab Company (1967) 57 Cal. 2d 695, 713.) If the complaint fails to state a cause of action, the court m...
2023.08.16 Motion to Enforce Discovery Order 630
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.16
Excerpt: ...(e); 2031.310(i).)1 Terminating sanctions can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's action, or any part thereof; or (4) rendering default judgment against that party. (CCP S 2023.030(d).) Terminating sanctions are appropriate where there is a willful violation "preceded by a history of abuse, and the e...
2023.08.16 Demurrer 560
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.16
Excerpt: ...App.4th 913, 928-29). Page 3 of 12 REQUEST FOR JUDICIAL NOTICE: Defendants ask the Court to take judicial notice of the following documents in support of their demurrer: • Exhibit A Certified Copy of Imperial County Complaint, Case No. ECU002433 • Exhibit B — Application for Determination of Good Faith Settlement of Defendants Sonrisa Villa, Inc., Kourosh Shirazi, Kamran Shirazi, Blossom Valley Investors LLC (Doe 1), and Holtville Project L...
2023.08.16 Motion for Attorney Fees 992
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.16
Excerpt: ...to the request for prejudgment merits, but not to the request for attorneys' fees. The request for prejudgment interest is untmely. It was untimely when Plaintiff's first motion was filed. The fact that a party is entitled to prejudgment interest does not make an award automatc. North Oakland Medical Clinic v. Rogers (1998) 65 Cal.App.4th 824, 829. The request must be made before entry of judgment or via a motion for new trial. ld. at 831. Prejud...
2023.08.15 Motion to Compel Further Responses 054
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.15
Excerpt: ...or evasive, or an objection in the response is without merit or too general. (CCP S 2031.310(a).) In a motion to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (CCP The burden to show good cause for production "is met simply by a fact-specific showing of relevance." (Tbg Ins. Servs. Cor...
2023.08.15 Motion for Summary Judgment, Adjudication 816
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.15
Excerpt: ...ts burden of showing it did not create the dangerous condition of public property and/or that it had no notice of the dangerous condition. REQUEST FOR JUDICIAL NOTICE Defendant's unopposed request for judicial notice of the Second Amended Complaint and ruling on the Demurrer is granted. (Evid. Code S 452(d).) EVIDENTIARY OBJECTIONS CCP S 437c(q) states: "In granting or denying a motion for summary judgment or summary adjudication, the court need ...
2023.08.15 Demurrer, Motion to Furnish Security 259
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.15
Excerpt: ...t assumes the truth of all material 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.) Facts appearing in exhibits at...
2023.08.14 Demurrer on FAC 565
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.14
Excerpt: ...t is ambiguous or uncertain...must be raised by special demurrer." (Johnson v. Mead (1987) 191 Cal.App.3d 156, 150.) The court assumes the truth of all material 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 672.) However, a demurrer does not admit contentions, deduction...
2023.08.11 Petition for Writ of Mandate 608
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.11
Excerpt: ...s no basis to take judicial notice of "the results of the California League of Cities's survey of cites and counties with utility users' taxes." The City seeks judicial notice under Evidence Code secton 452(h), which provides that a court may take judicial notce of "[flacts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy." ...
2023.08.11 Motion to Compel Arbitration 189
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.11
Excerpt: ...e granted. (Evid. Code S 451(a) [mandatory judicial notice of decisional law of this state and of the united States].) upon the petition/moton of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration ...
2023.08.11 Motion for Summary Judgment 990
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.11
Excerpt: ...udgment affirming the granting of Motion for Summary Judgment in the matter of In Re Estate of Betty Carter Gibson (Exhibit 2); and (3) Order Admitting Will to Probate in Solemn Form in the matter of In Re Estate of Betty Carter Gibson, Estate No. 2019-0847 (Exhibit 3). (Def.'s Request for Judicial Notice ["RJN"] 1—3.) Plaintiff also asks the Court to take judicial notice of the Court's Ruling on Hearing Re Motion to Quash Demurrer, in Case No....
2023.08.10 Motion for Leave to File Complaint with Declaration 088
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.10
Excerpt: ...of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such case if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action. Page 3 of 7 In addition, CCP 5426.30 provides: Unless otherwise prov-ded by statute, if a party a...
2023.08.10 Motion for Attorney Fees 872
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.10
Excerpt: ... judgment in the trial court — must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case." (CRC 3.1702(b)(1).) under CRC 8.104(a), a notice of appeal must be filed on or before the earliest of: (i) 50 days after the court clerk serves on the party filing the notice of appeal a document called "Notice of Entry"; (ii) 60 days...

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