Excerpt: ...tion Millea agrees Barba may serve as the only plaintiff in this action. No personal representative has been appointed by a California court. This motion is denied without prejudice to refiling with evidence regarding Millea's agreement or disagreement with Barba substituting in as the plaintiff in this matter. ...

Excerpt: ... complaint is due January 29, 2018. Judgment is still sought against Naylor as president of the corporate defendants. Any judgment would be joint and several, so default judgment cannot be entered against any defendant until it can be entered against all defendants. No proof of service of the summons and complaint against Du-Par's Encino, Inc. has been filed, and no default against it has been entered. No dismissal of the other entity defendants ...

Excerpt: ...AINED with leave to amend, and the demurrer to the first cause of action as asserted by Plaintiffs individually is OVERRULED. Plaintiff may file an amended complaint within 10 days. Demurrer Defendants demur to the first cause of action for breach of fiduciary duty, second cause of action for fraud, and third cause of action for securities fraud. First Cause of Action for Breach of Fiduciary Duty The elements for a breach of fiduciary duty cause ...

Excerpt: ...ion for fraud, third cause of action for securities fraud, and fourth cause of action for financial elder abuse. Standing Defendants assert Plaintiff lacks standing to bring this action. The court agrees in part. As a preliminary matter, the Court notes the plaintiff in this action is not clearly defined. The caption of the FAC still refers to Kenneth V. Blackford as the “Plaintiff,” but the allegations show that Elizabeth Blackford is the pl...

Excerpt: ...t plaintiff purchased the subject property in 2009 as a residence for its employees. As plaintiff was a newly formed corporation, it lacked sufficient credit history to make the purchase. Defendants, shareholders in plaintiff, agreed to hold title as they had good credit. Plaintiff gave defendants the money for the down payment and made all payments associated with the property. The parties had a written agreement that the property would belong t...

Excerpt: ...��) filed a complaint against Defendants Joseph Ahn (“Defendant”) and Does 1 to 10 for (1) defamation and (2) negligent infliction of emotional distress. On November 3, 2017, Plaintiff filed a First Amended Complaint (“FAC”) for (1) slander per se; (2) defamation; and (3) intentional infliction of emotional distress. Defendant filed the instant demurrer on December 7, 2017. Defendant demurs to the first cause of action for slander per se,...

Excerpt: ...ctions of $2800 within 30 days. Background The complaint alleges that plaintiff employed defendant Wing Lee as a sales manager, which gave him access to accounting software and inventory. From January 2011 through October 2016 defendant embezzled $815,947 from plaintiff. Defendant transferred the stolen funds to the remaining defendants, his parents. The funds were used to invest in real estate and businesses. Defendant admitted stealing the fund...

Excerpt: ...47004800550003000b[1988) 199 Cal.App.3d 1324, 1329).) “‘It is not necessary that there be a manual taking of the property; it is only necessary to show an assumption of control or ownership over the property, or that the alleged converter has applied the property to his own use.'” (Id.) To plead a cause of action for conversion, one must allege (1) the plaintiff's ownership or right to possession of personal property; (2) defendant's dispos...

Excerpt: ...Reyes as trustee of the Zoila Reyes Trust is SUSTAINED without leave to amend. Defendants' demurrers to the first, seventh, and eighth causes of action are OVERRULED. Defendants' demurrer to the third cause of action is SUSTAINED with leave to amend. Defendants' motion to strike is GRANTED as to paragraphs 41 and 46, and DENIED as to paragraphs 1, 32, 59, 64, and the prayer for punitive damages. Defendants' motion to strike paragraph 37 is MOOT. ...

Excerpt: ...00550003000b[1988) 199 Cal.App.3d 1324, 1329).) “‘It is not necessary that there be a manual taking of the property; it is only necessary to show an assumption of control or ownership over the property, or that the alleged converter has applied the property to his own use.'” (Id.) To plead a cause of action for conversion, one must allege (1) the plaintiff's ownership or right to possession of personal property; (2) defendant's disposition ...

Excerpt: ...int alleges causes of action in breach of contract and breach of guaranty and seeks $45,937.27 plus prejudgment interest and attorney fees. The loan amount was $50,000. Plaintiff states that the repayment amount was $72,500.78. Plaintiff failed to explain the different in the amount loaned and amount required for repayment, which is likely interest. The loan was made less than a year ago. Plaintiff is seeking interest on $45,837.27, which would b...

Excerpt: ...ks Carpenter's demurrers to the fourth, fifth, sixth, seventh, eighth, and ninth causes of action are SUSTAINED with 10 days leave to amend. Defendant Carolyn Weeks Carpenter's motion to strike is MOOT. Discussion On August 1, 2017, Plaintiff Rosco Ellis (“Plaintiff”) filed a complaint against Defendants Jerome Say; Karis Say-Cavecche; Catherine Say-Cole; Maria Zarro-Anaya; Alexa Say-Rodriguez; Donna Duperron; Terri Hack; Carolyn Weeks-Say; B...

Excerpt: ...nt is OVERRULED. Defendants' motion to strike punitive damages is DENIED. Defendants' motion to strike costs is GRANTED without leave to amend. Plaintiff Simaalsadat Masajedian's request for sanctions pursuant to CCP section 128.7 is DENIED. Defendants shall file an answer within 10 days. Request for Judicial Notice Plaintiff requests judicial notice of the following facts: 1. According to CCP § 459, Plaintiff could either mention that she has f...

Excerpt: ... not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” (Code Civ. Proc., § 377.31.) As executor of the Steve Gonzalez' estate, Ronald Gonzalez is his personal representative. The motion is granted. ...

Excerpt: ...crow, whether there is an impossibility of performance as there is a court order barring the sale of Vincente's half interest in the property, whether the consideration for the property is adequate as there is evidence it is significantly below market value, and whether Stradella demanded Luis perform the purchase agreement by selling his half interest in the property or whether Stradella made a new offer for Luis' half interest. DISCUSSION Plain...

Excerpt: ...Plaintiffs”) filed a complaint against Defendants Capital One Bank; Sherie Howard; Lydell Howard; and Does 1 to 50 for (1) fraud; (2) conversion; (3) unjust enrichment; (4) monies had and fraudulently received; and (5) negligence. On December 28, 2017, Defendant Capital One, N.A. (erroneously named as Capital One Bank) (“Defendant”) filed the instant demurrer to complaint. Plaintiffs filed an untimely opposition on January 26, 2018. Demurre...

Excerpt: ...017, deeming requests for admissions admitted on the grounds of mistake, inadvertence, surprise and/or excusable neglect or attorney declaration of fault. The standard for relief from an admission made in a request for admission is set forth in Code of Civil Procedure section 2033.300, and is controlling. (St. Paul Fire & Marine Ins. Co. v. Sup. Ct. (1992) 2 Cal.App.4th 843, 852, addressing former code section 2033, subd. (m), disapproved on othe...

Excerpt: .... to provide further responses to request for production of documents and to produce responsive documents. Plaintiff reserved a single motion for today, a motion to compel discovery (not further). The motion plaintiff filed is entitled “Motion to Compel Production of Documents.” Plaintiff has combined two motions in the papers filed; the reserved motion to compel production of documents and an unreserved motion to compel further responses to ...

Excerpt: ... civil penalties. Plaintiff did not meet its burden of establishing that defendants MMB is operating illegally as there is no evidence as to the disposition of defendants' hardship exemption application. There is a triable issue of fact as to whether plaintiff suffered an injury in fact and lost money or property as there is no evidence plaintiff, its tenant or its prospective tenants could operate an MMB in plaintiff's leased property legally. D...

Excerpt: ...ecause Defendants physically attempted to remove the sign he was wearing around his neck, and for false imprisonment and malicious prosecution, because Defendants called the police (who arrested Plaintiff) and filed reports that led to criminal charges being filed (though these were later dropped). On August 01, 2017, the Court granted Defendants' motion to quash service of summons. On November 06, 2017, Defendants filed another motion to quash s...

Excerpt: ...d warranties pursuant to Song-Beverly; (3) fraud; and (4) negligence. On November 9, 2017, Defendant filed the instant demurrer to complaint and motion to strike. Plaintiff filed oppositions on December 19, 2017. Demurrer Third Cause of Action for Fraud As a preliminary matter, the Court notes that the allegations Plaintiff sets forth in this cause of action reference both misrepresentations and concealments. However, the caption of the complaint...

Excerpt: ... Marvisi's (collectively “Defendants”) property caused excessive runoff and damage to Plaintiff John Chamblee's (“Plaintiff”) property. Further, the complaint alleged that Plaintiff's property is the dominant tenant and Defendants' property is the servient tenant to a recorded easement. The complaint alleges that through Defendants' construction to their property, they trespassed and encroached on Plaintiff's property and the recorded eas...

Excerpt: ...or-in-interest to Rolando Anaya (“Decedent”) (collectively, “Plaintiffs”) filed this wrongful death action against Defendant Terex USA, LLC (sued as Terex Corporation) (“Terex”), Superior Industries, Inc., Tri-State Aggregate Machinery, Parsell & Getters, LP (collectively, “Defendants”). Plaintiffs allege that Defendants manufactured, designed, sold, and installed a defective cone crusher system that did not have a safety guard or...

Excerpt: ...ntract (against BRI); (2) breach of written contract (against Folsom); (3) services renders/quantum meruit; and (4) open book account. Plaintiff alleges it entered into a written agreement to represent Defendants in two underlying cases. Plaintiff asserts that it represented Defendants in the underlying cases for nearly seven years and sent monthly invoices to Folsom on BRI's behalf throughout the underlying cases. Plaintiff asserts that after De...

Excerpt: ...ocess by which a court acquires personal jurisdiction over a defendant in a civil action' [citation], and a defendant has an absolute right to demand that process be issued against him in a manner prescribed by law.” (Mannesmann DeMag, Ltd. v. Superior Court (1985) 172 Cal.App.3d 1118, 1122.) “Constitutional due process requirements are satisfied where the form of service provided and employed is reasonably calculated to give a litigant actua...