Excerpt: ...Superior Court Case No. 23CECG01862 is designated as the lead case. Explanation: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may or der all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048, subd. (a)....

Excerpt: ... m e r 's Supplemental Declaration. The court did not consider paragraphs 2 and 3 for this motion. Merits A special motion to strike (“anti -SLAPP motion”) provides a procedural remedy to dismiss nonmeritorious litigation meant to chill the valid exercise of the con stitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a).) On January 11, 2024, this court granted, in part, defendant Harris' anti -SLAPP mo...

Excerpt: ...n to strike pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amen...

Excerpt: ...action has already been certified, the court need not address this issue. Settlement Approval “[I]n the final analysis it is the Court that bears the responsibility to ensure that the recovery represents a reasonable compromise, given the magnitude and apparent meri t of the claims being released, discounted by the risks and expenses of attempting to establish and collect on those claims by pursuing litigation. The court has a fiduciary resp...

Excerpt: ...ring on this motion, the court intends to grant plaintiffs' motions to compel defendant Bains to serve verified responses to the form interrogatories, set one, special interrogatories, set one, and requests for production of documents, set one. The court also intends to grant the motion to deem defendant Bains to have admitted the truth of the matters in the requests for admissions, set one. The court also intends to grant monetary sanctions aga...

Excerpt: ...rayer ¶ 3) with leave to amend, but to otherwise deny the motion to strike. (Code Civ. Proc., § 436.) The time in which the complaint may be amended will run from service of the order y the clerk. All new allegations shall be in boldface type. Explanation: Demurrer Con tract causes of action Plaintiff owner of real property located at 24 Buena Vista Avenue, Fairfax, California, sues defendant Allstate Roofing Specialists, Inc., for damage to t...

Excerpt: ...s of Wild Water Adventure Park, owned and operated by defendant, Clovis Lakes Associates, LLC, dba Wild Water Adventures (“Clovis Lakes”). A cause of action for premises liability is governed by the same legal principles of negligence. (Pineda v. Ennabe (1998) 61 Ca l.App.4th 1403, 1407.) In order to prevail on a negligence cause of action, a plaintiff must prove duty, breach, proximate cause, and damages. Defendant Clovis Lakes moves for sum...

Excerpt: ... “The c ourt may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . . .” (Code Civ. Proc. § 473, subd. (a)(1); see also Code Civ. Proc. § 576.) Judicial policy favors resolution of cases on the merits, and thus t he court's discretion as to allowing amendments will usually be exercised in favor of permitting amendments. This policy is so strong, that denial of a request to amend is rarely ...

Excerpt: ... in which the complaint (second cause of action only) may be amended will run from service of the order by the clerk. All new allegations shall be in boldface type. Explanation: This is a medical negligence action arising out of a procedure performed on decedent Ju lia de la Cruz on 5/11/2020. The Complaint filed on 5/15/2023 alleges that decedent passed away on 5/13/2020 as a result of the negligence by defendant Fresno Ambulatory Surgery Cente...

Excerpt: ...er by the clerk. A ll new allegations in the amended complaint are to be set in boldface type. Explanation: “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading ….” (Code Civ. Proc. § 473, subd. (a); see also, § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776 -777; Mabie v. Hyatt ...

Excerpt: ...il Proc edure section 874.010 provides that the costs of a partition action can include the reasonable attorney's fees incurred for the common benefit. (Code Civ. Proc., § 874.010, subd. (a).) Code of Civil Procedure section 874.040 provides for apportionment of costs in a partition action. It requires the court to apportion costs in proportion to the parties' respective interests in the property or “as may be equitable.” (Code Civ. Proc., ...

Excerpt: ...ave to am end. Plaintiffs Ismael Sanchez and Esperanza Rios Velarde shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC (“D efendant”) demurs to the fifth cause of action, for fraudulent concealment of the Third Amended Complaint (“TAC”) by Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (co...

Excerpt: ... class is defi ned as “all current and former hourlypaid or non- exempt employees of Defendants within the State of California at any time during the period from four years preceding the filing of this Complaint to final judgment.” (Complaint, ¶ 13.) Defendant now seeks a n order compelling plaintiff to private arbitration of her individual claims, and dismissal of the class claims. In moving to compel arbitration, defendants must prove b...

Excerpt: ...tiff SPI Solar, Inc. (“Plaintiff”) as to each of the four causes of action for: (1) breach of contract; (2) specific performance; (3) injunctive relief; and (4) declaratory relief. Defendant demurs on the grounds of failure to state sufficient facts to support a cause of action. The Complaint relies on an industrial/commercial tenant lease, which housed a purchase option for a period between September 15, 2019, and June 30, 2022. In determin...

Excerpt: ...ays afte r the responses in question, or any supplemental responses, were served, unless the parties agree in writing to extend the time. (Code Civ. Proc., § 2030.300, subd. (c) — Interrogatories; 2033.290, subd. (c) —Admissions; 2031.310, subd. (c) —Inspection Demand s.) Delaying in filing the motion beyond the 45 -day time limit waives the right to compel a further response to the discovery. This time is mandatory and jurisdictional, an...

Excerpt: ...ich is “subject t o trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Lab. Code, § 2699, subd. (l)(2) [“The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”]) The...

Excerpt: ...intiff shall serv e and file its first amended complaint within 10 days of the date of service of this order. To grant cross -complainant's motion for leave to file a first amended crosscomplaint. (Code Civ. Proc. § 473.) Cross -complainant shall serve and file its first ame nded cross-complaint within 10 days of the service of this order. Explanation: Under Code of Civil Procedure section 473, subdivision (a), “The court may, in further...

Excerpt: ....290(b), 2031.300(b).) Defendant is ordered to serve complete verified responses to all discovery set forth above, without objection, within 20 days of the clerk's service of the minute order. To impose monetary sanctions in favor of Plaintiff Star Properties, LLC, and against Defendant Ali Baba G and H, Inc. (Code Civ. Proc. §§ 2023.010 (d), 2030.290 (c), 2031.300(c).) Defendant is ordered to pay $1,815.00 in sanctions to Tomassian, Pimentel ...

Excerpt: ...rate.” (G arlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) “Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute.” (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant Kia America, Inc. moves to compel arbitration of plaintiffs' action pursuant to an arbitration clause in the retail installment sales cont...

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: ...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: ...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: ...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: ...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...