Excerpt: ...y at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which 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. (b) The motion shall be made on the ground...

Excerpt: ... on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or jud...

Excerpt: ...e the objections to be raised in the demurrer.” (Italic added.) The Court is satisfied with Defendant's counsel's meet-and-confer declaration. (See Sarkissian Decl.) Legal Standard “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether “the complaint alleges facts sufficient to state a cause of action or discloses a co...

Excerpt: ...irst Amended Complaint (FAC) fails to state sufficient facts to state a cause of action. Specifically, Defendant contends that the FAC fails to state a cause of action as there is no requirement for Defendants to provide an assistive listening device to Plaintiff during his purported visit to the carwash. Defendant asserts that being able to hear music at a carwash falls outside the provision of Civil Code Section 51, as Plaintiff was at the carw...

Excerpt: ...efects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 Cal 3d 311, 318. No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 [grounds], § 430.30 [as to any matter on its face or from which judicial notice may be taken], and § 430.50(a) [can be taken to the entire complaint o...

Excerpt: ...ision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3. (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the ca...

Excerpt: ...ied where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App...

Excerpt: ...de in accordance with the application. The time set for hearing shall be not later than 45 days after the application is filed or such later time as the court orders upon a showing of good cause.” (Italics added.) The Court notes that while Plaintiff has requested a hearing date on this Application, Plaintiff has not requested, nor has the Court issued an order to show cause to Defendants as required by CCP § 704.770(a). It is Plaintiff's resp...

Excerpt: ... to Plaintiff's Complaint, Plaintiff filed a First Amended Complaint (the “FAC”) on December 15, 2017. The second cause of action for negligence in the FAC is the only cause of action asserted against the CHP. Plaintiff alleges that he was driving on the I-5 freeway during a light rain period after heavy rainfall on January 10, 2017. (FAC ¶ 11.) As Plaintiff was slowing down to enter standing water on the freeway, his car began to hydroplane...

Excerpt: ...fendant agreed to remit to Plaintiff 50% of the first month's rent, in light of this delay, but failed to do so. Plaintiff therefore seeks this amount in damages. Second, Plaintiff alleges there were a significant number of problems with the premises, including water leaks, a water heater that “exploded and caused extensive flooding and damage to the neighbor's apartment”, malfunctioning electricity, non-working air conditioner, washer and dr...

Excerpt: ...is possible to raise the objection more than once by different methods. The most common alternative method is a motion at the trial, or prior to trial, for judgment on the pleadings pursuant to CCP section 438(c)(1)(B). The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, i...

Excerpt: ...pp.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulne...

Excerpt: ...ake of court. (Lane v. Superior Court of Siskiyou County (1950) 98 Cal App 2d 165, 219; CCP § 473(d).) However, while a trial court may correct clerical errors and misprisions in a judgment, it cannot amend a judgment once entered, if the error to be corrected is a judicial one, for instance if it embodies an intentional action of the court even though legally erroneous. (Kamper v. Mark Hopkins, Inc. (1947) 78 Cal App 2d 885.) Plaintiff National...

Excerpt: ...et aside the dismissal pursuant to CCP section 473, subdivision (b), based on the mistake of its attorney in filing the request for dismissal in this action. Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit of fault attesting to his/her mistake, inadvertence, surprise or neglect, the court shall vacate a resulting default, default jud...

Excerpt: ...gment was renewed on May 09, 2003. The renewal indicated a payment of $29.04 had been made, leaving the total judgment, plus all new interest, at $10,955.88. The judgment was renewed again on March 11, 2013. The renewal indicated payments of $4,051.61 had been made, leaving the total judgment, plus all new interest, at $13,681.14. In early 2017, Plaintiff attempted to execute the judgment against Timothy J. Tyler II (“J. Tyler”). J. Tyler fil...

Excerpt: ...ally, there appears to be no proof of service indicating the motion was served on Plaintiff.) Trial went forward without Defendant's participation on October 02, 2017, and judgment was thereafter entered in Plaintiff's favor. On October 3, 2017, Plaintiff served a memorandum of costs upon Defendant. On November 22, 2017, having received no opposition from Defendant, the Court granted the memorandum of costs in part, after striking the request for...

Excerpt: ... a mobilehome (Civ. Code, § 798.11), and “tenancy” is the right of a homeowner to the use of a site within a mobilehome park (Civ. Code, § 798.12). Any rental agreement shall be in writing and contain the provisions set forth. (Civ. Code, § 798.15.) A homeowner shall give written notice to the management not less than 60 days before vacating his or her tenancy. (Civ. Code, § 798.59.) Petition of Abandonment Where “the petitioner shows b...

Excerpt: ...560048005500 0044000300550048004a>istered California process server. (Id. No. 7.) Default was entered against Defendant on July 20, 2017; and default judgment was entered against Defendant on September 12, 2017. On November 14, 2017, Defendant filed a Motion to Vacate Default and Default Judgment (the “Motion”). On December 8, 2017, Plaintiff filed Opposition; and on December 22, 2017, Defendant filed a Reply. Discussion CCP § 473(b) “The ...

Excerpt: ...d cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limited only if it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.) If there is a possibility that the damages will exceed $25,000.00, th...

Excerpt: ... August 16, 2016, and that in response, on October 26, 2016, Plaintiff wrote to Defendants, informed them that the attempted withdrawal of the personal guaranty constituted a breach of the lease, and demanded that they vacate the premises. Plaintiff was thereafter forced to expend significant attorney's fees in order to finally effectuate, in March 2017, Defendants' removal from the property. Plaintiff brought suit on April 20, 2017, for breach o...

Excerpt: ...proceeding may be adopted which may appear most conformable to the spirit of this code.” Pursuant to CCP § 664.6: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction ...

Excerpt: ...intiff to Defendant. Defendant thereafter filed a cross-complaint against Plaintiff and an insurance broker, Bliss & Glennon, Inc., for negligence in failing to provide notice of the policy to the Federal Motor Carrier Safety Administration, thereby resulting in Defendant's license to operate a fleet of commercial vehicles being revoked. Plaintiff now moves for issue, evidentiary, or terminating sanctions against Defendant, as well as an addition...

Excerpt: ...r 13, 2016, Plaintiff filed a First Amended Complaint, asserting causes of action for (1) violation of rent control regulations, (2) unlawful business practices, and (3) unjust enrichment. On August 2, 2017, Defendants filed a Motion for Summary Judgment, contending that this action is barred by claim preclusion. As of December 27, 2017, no opposition or reply has been filed. Procedural Background Plaintiff admits in the FAC that this action was ...

Excerpt: ...amend the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limite...

Excerpt: ...abbooi remains the only plaintiff in this action. Defendants filed the instant motion for judgment on the pleadings on November 28, 2017. Legal Standard: The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears that a party is entitled to judgment as a matter of law....