Excerpt: ...ealing by making a frivolous and bad faith indemnity claim based on “easily and inexpensively resolved issues” cited by California's Board of Vocational Nursing & Psychiatric Technicians. (FAC, ¶ 9.) The covenant of good faith and fair dealing is an implied contrac tual term that aims to effectuate the contractual intentions of the parties by requiring that neither party to the contract will do anything to injure the right of the other to re...

Excerpt: ...t Plaintiff, BART, and MALCOLM are siblings and together the sole shareholders of CTF, a corporation engaged in tree farming, and that due to BART and MALCOLM's acts as combined majority shareholders CTF's business has been abandoned, Plaintiff as minority shareholder has been s ubjected to persistent unfairness in that she has realized little or no profit from her ownership share, and that liquidation is reasonably necessary to protect the righ...

Excerpt: ...n deposition notices or business records subpoenas, the moving party must engage in meet and confer efforts to try to resolve the disputes. C.C.P. §2031.310(b)(2) [requests for production]; C.C.P. §2025.450(b)(2) [documents requested in deposition notice]; C.C.P. §§2 020.020(b), 2020.030 and 2025.450(b)(2) [documents requested in business records subpoena]. Page 2 of 5 The trial court has discretion in determining whether adequate meet and co...

Excerpt: ...nce by groups su ch as MADD, California courts found such driving can subject the driver to possible punitive damages, depending upon the history of the driver and/or the recklessness of the driving. Taylor v. Superior Court (1979) 24 Cal.3d 890; Dawes v. Superior Court (1980) 111 Cal.App.3d 82. Plaintiffs' first amended complaint alleged that moving party LARRY BOWIE (“BOWIE”) “rapidly approached the rear of a [car] in the same lane in fr...

Excerpt: ...ment with Defendant on May 28, 2020 because she took up to forty hours' time off to address a childcare provider and/or school closure emergency caused by the COVID -19 pandemic. The jury returned a verdict on July 21, 2023 finding in Plaintiff's favor on both causes of action and awarding her net damages of $69,500. Defendant asserts several irregularities in the proceedings that prevented it from receiving a fair trial and which support granti...

Excerpt: ...7200. Summarized, Plaintiff's complaint alleges that Plaintiff, DISCOVERY, SEENO III, and Defendant VILLAGES AT FAIRFIELD, LLC (“VILLAGES”) participated in a development project for the City of Fairfield for which Plaintiff and co - developers who are not presently parties w ere awarded public facility fee credits. Plaintiff alleges that Defendants converted the fee credits to their own use by applying the credits to Defendants' separate dev...

Excerpt: ... this lo cal rule in substantially the following form: “Notice: The Superior Court in and for Solano County has adopted a tentative rulings system that is described in the court's local Rule 3.9. Failure to comply with Rule 3.9 may seriously affect parties' rights in this case.” The notice of motion filed here fails to contain this notice. CRC 3.1700 requires court costs to be requested by filing and service of a memorandum of costs, within...

Excerpt: ...ates fact s sufficient to constitute a cause or causes of action and the defendant's answer does not state facts sufficient to constitute a defense. (Code Civ. Proc., § 438, subd. (c)(1)(A).) The grounds for such a motion must appear on the face of the pleadings o r from judicially noticeable materials. (Code Civ. Proc., § 438, subd. (d).) The standard for granting a motion for judgment on the pleadings is essentially the same as that for susta...

Excerpt: ...t could be enforced]. Residents of a continuing care retirement community (CCRC) are also protected by Civil Code §1953(a)(4), and cannot be compelled to arbitrate renter -type claims against the property owner. Harris v. University Village Thousand Oaks CCRC LL C (2020) 49 Cal.App.5th 847, 850 -851 [finding the arbitration provisions in the dwelling lease or rental agreements void, despite the trial court's Page 2 of 4 characterization of thos...

Excerpt: ...ded complaint, which at its heart alleges that Plaintiff, now an adult, suffered childhood sexual abuse from Defendant EDWARD HEARN, a teacher, while attending a DUSD school, and in turn DUSD's own cross- complaint against DOLPHINS for indemnity based on those allegations. Leg al Standard. A defendant may move for judgment on the pleadings on the basis that the complaint against him does not state facts sufficient to constitute a cause of action....

Excerpt: ...ichment. Summarized, the 1AC alleges that GOMEZ has left construction equipment and debris on SHARMA's agricultural land, preventing access to portions of the land, posing a hazard to persons on the land, and otherwise damaging the land. Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). The court takes judicial notice of GOMEZ's second amended complaint, SHARM...

Excerpt: ...ained only where the complaint is so bad that the defendant cannot reasonably respond, or cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against it. Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822; Edmon & Karnow (Weil & Br own), Civil Procedure Before Trial, §§7:85 and 7:86. It seems reasonably clear, and confirmed by the extensive arguments raised by LAWC and AABMI in support of the...

Excerpt: ...6-17 as a matter of law negate Plaintiff's ability to prevail on the 2nd cause of action for common counts, as there is no debt or obligation to support this claim. UMFs 18- 21 as a matter of law negate Plaintiff's ability to prevail on the 3rd cause of action for breach of the 2021 alleged oral lease agreement, as no violation of Civil Code §1947.12 can be shown. UMFs 23- 35 as a matter of law negate Plaintiff's ability to prevail on the 4th ca...

Excerpt: ...legations t hat Defendant RODRIGO GONZALEZ MENDOZA, acting in the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure secti...

Excerpt: ...ions that M ENDOZA, acting in the scope of his employment with Defendant MEDIC AMBULANCE SERVICE, INC. (“MEDIC”), caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to the motion. Code of Civil Procedure sec tion 2023.030 permits a court to impose various sanctions on a party that misuses the discovery process. These sanctions range from monetary penalties to barring the use of eviden...

Excerpt: ...,000 to pursu e the action if the court finds “no reasonable possibility that prosecution of the action . . . will benefit the limited liability company or its members.” The deadline for filing such a motion is 30 days from service of the summons and complaint. Corpor ations Code §17709.02(b). WATERS was personally served with summons and complaint on November 6. Page 2 of 4 On December 4, another attorney in the office of WATERS' counsel...

Excerpt: ...on for leave to Þle an amended complaint but neither contains a declaration per California Rules of Court Rule 3.1324, subdivision (b) specifying the e
¯ect of the proposed amendment, why the amendment is necessary and proper, when the facts giving rise to the amendment were discovered, and why amendment was not sought earlier. Further, the apparent e
¯ect of the proposed amendment is merely to clarify exactly where on Defendant's premises Pla...

Excerpt: ...r. “The function of a demurrer is to test the su
¯iciency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is su
¯icient if it alleges ultimate rather than evidentiary facts, but the plainti
¯ must set forth the essential facts of his or her case “with reasonable precision and with particularity su
¯icient to acquaint [the] defendant with the nature, source and ...

Excerpt: ...JEFFRIE LELEA (“LELEA”) starting in 1999 while he was a youth director and youth group leader with COMMUNITY PRESBYTERIAN. Legal Standard on Demurrer. “The function of a demurrer is to test the su
¯iciency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is su
¯icient if it alleges ultimate rather than evidentiary facts, but the plainti
¯ must set forth the ess...

Excerpt: ...the pleadings].) The court has not received opposition from Plainti
¯. The elements of a claim for common counts and/or account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor, (2) an agreement between the parties, express or implied, on the amount due from the debtor or creditor, and (3) a promise by the debtor, express or implied, to pay the amount due. (Zinn v. Fred R. Bright Co. ...

Excerpt: ...ercomes demurrer: It is not necessary that the cause o action be the one intended by plainti
¯. The test is whether the complaint states any valid claim entitling plainti
¯ to relie. Thus, plainti
¯ may be mistaken as to the nature o the case, or the legal theory on which plainti
¯ can prevail. But i the essential acts o some valid cause o action are alleged, the complaint is good against a general demurrer. [Quelimane Co., Inc. v. Ste...

Excerpt: ...al.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 219 Cal.App.3d 1252, 1263- 1264; McMartin v. Childrens' Inst. Int'l (1989) 212 Cal.App.3d 1393, 1408.) Although Plainti
¯ Þled a motion for leave to Þle a Þrst amended complaint on January 5, 2024, which included a proposed Þrst amended complaint that added some factual allegations actually directed against Defendant Green Dot, these limited allegations primarily asserting that “Defendant G...

Excerpt: ...ry judgment on the basis that the plainti
¯ cannot establish an element of his cause of action. (Code Civ. Proc., § 437c, subd. (o)(1).) A summary judgment motion is properly granted where the evidence in support of the moving party would be su
¯icient to sustain a judgment in his favor and his opponent does not show facts su
¯icient to present a triable issue of fact. (Parker v. Twentieth Century-Fox Film Corp. (1970) 3 Cal.3d 176, 181.) The...

Excerpt: ...�'s complaint is that the parties contracted for the sale to Plainti
¯ of robots for its food processing facility but the robots delivered do not function as warranted. Timeliness of Filings. The court exercises its discretion to consider the late-Þled demurrer. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 749.) Plainti
¯'s opposition to demurrer was timely. (Code Civ. Proc., §§ 1005, subds. (b)-(c), 1010.6, 1013, subd. (g).) Legal Standard o...

Excerpt: ...in this case. (Code Civ. Proc., § 1005, subd. (b).) Plainti
¯'s opposition was not Þled and served until January 25, 2024, after the date by which Defendant was required to Þle a reply. The court disregards Plainti
¯'s severely tardy opposition. Claim Presentation Requirements. Plainti
¯ cannot bring a tort case against Defendant, a public entity, unless Plainti
¯ shows he properly presented a written administrative claim for his injuries ...