Excerpt: ...s no company with the name “Lava Textiles.” There are four companies: Lava BVBA is a Belgian company that owns three other companies, including Lava USA, Inc., a South Carolina corporation – another defendant in this action. [Vanwelden Decl., ¶ 3.] According to Lava USA's discovery responses, it also does business in the US under the name Lava Textiles. [Vanwelden Decl., ¶ 9 and Ex. C.] Plaintiff was a customer of Lava USA, Inc. Lava BVBA...

Excerpt: ...30 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. Code Civ. Proc. § 2030.300(a). Here, Plaintiff moves to compel Defendant's further responses to form interrogatory 12.1, which requests the name, address, and telephone number of each individual who witnessed the “INCIDENT,” or events before or after, who made any statements at the scene o...

Excerpt: ...s (IIED). The Court notes that the battery and assault claims have not been pled against Defendant. (See Cal. R. Ct. Rule 2.112.) Thus, the general demurrers are overruled as moot. With respect to the IIED claim, Defendant contends this claim has not been alleged with sufficient specificity because Plaintiff is purportedly “pretending” Defendant was at the store when the incident occurred. (Dem. at 8.) The Court disagrees. Liberally construin...

Excerpt: ...ip, or further encumbering the real property commonly known as 2323 Almira Avenue, Fullerton, CA 92831. Plaintiff did not show she properly served the temporary restraining order and order to show cause on Entra. Code Civ. Proc., § 527, subd. (d)(2); Cal. Rules of Ct., Rule 3.1150(a); 3/17/2021 Minute Order. In addition, Plaintiff did not show a copy of the summons and complaint have been properly served on Entra. Code Civ. Proc., § 415.30; Zil...

Excerpt: ...l further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code Civ. Proc., § 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. Code Civ. Proc. § 2030.300(a). Here, Plaintiff moves to compel Defendant's further responses to form interrogatory 12.1...

Excerpt: ...tice is needed. CCP Section 598 states that “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial ...

Excerpt: ...xtent Faylor has any additional documents in his possession, custody or control that are responsive to Nos. 64, 66, and 67, he is ordered to produce them within 20 days. The Motion is granted as to Nos. 69 and 70. Faylor is ordered to provide amended verified responses to these requests that fully comply with the Code, within 20 days. The Motion is denied as to Nos. 75, 76, and 77. With respect to sanctions: Faylor is ordered to pay Moving Partie...

Excerpt: ...ant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppressio...

Excerpt: ...of action in the FACC. Cross-Defendant's unopposed request for judicial notice is granted. Evid. Code, § 452, subd. (h); Fellom v. Adams (1969) 274 Cal.App.2d 855, 864; Bus. & Prof. Code, §§ 7080.5 and 7081. Cross-Complainants' unopposed request for judicial notice is denied. Although a Court may take judicial notice of the existence of Web sites and blogs, a Court may not take judicial notice that their contents are true. Ragland v. U.S. Bank...

Excerpt: ...proof of service of the Opposition papers did not include either the server's or the recipient's email address, as required by CCC Section 1013b(b)(1) and (3). Counsel is admonished to fully comply with the statute. Plaintiff demurs to the second cause of action for fraud in the SACC on the ground that RMS did not allege facts with the required specificity to state a cause of action for fraud; Plaintiff also demurs on the ground of uncertainty. R...

Excerpt: ... Fourth and Fifth causes of action vs. how they are actually pled in the body of the FAC. The fifth cause of action is for breach of oral and written agreement (not breach of fiduciary duty, as stated on the caption page). The Court further notes that after the Opposition was filed, Plaintiff dismissed BBody as a defendant in every cause of action except for the four derivative claims – the Seventh through Tenth Causes of Action – in which BB...

Excerpt: ..., opposing the demurrer on the merits without objecting to the untimely notice. See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 (Where a party files an opposition, appears and argues at the hearing, never requests a continuance of the hearing and never claims prejudice by reason of insufficient notice or service, the opposing party “waive[s] any claim of inadequate service or notice.”) No reply was filed. Subject to Defendants' objection ...

Excerpt: ...ng Moving Defendants. Plaintiff offers no explanation for his tardy opposition and does not meet a CCP § 473 standard. The Court recognizes that Plaintiff's late filing of the Opposition deprived Defendants of the opportunity to file a Reply Brief, and the Court is willing to continue the hearing on the Demurrer to permit Defendants to file a Reply Brief if they wish to do so. Defendants shall advise the Court at the hearing if they wish to cont...

Excerpt: ... Cover Right brings claims against State Fund for negligence and equitable indemnity, afterPplaintiff Creditors Adjustment Bureau, Inc., State Fund's assignee, filed suit to collect on an alleged premium underpayment of Cover Right's workers compensation insurance. Cover Right alleges that, as of November and December 2017, State Fund “intended to increase [Cover Right's] premium rate in governing classifications by 25 percent or greater in pol...

Excerpt: ... the costs of the arbitration. These proceedings are stayed pending completion of the arbitration. Code Civ. Proc. § 1281.2 provides, inter alia: “On petition of a party 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 ag...

Excerpt: ...herein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On dem...

Excerpt: ...n of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”); Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 934 (trial court was justified in denying post-trial motions for failure to provide adequate memorandum; “Rule 3.1113 rests on a policy-based allocation of resources, preventing the trial court ...

Excerpt: ...omplaint. As an initial matter, the Court notes Demurring Parties did not file a proof of service for the demurrer or the motion to strike. “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Cal. Rules of Ct., Rule 3.1300(c). Because Plaintiff served and filed a timely opposition on the merits without objecting to service, the Court exercises its discretion to hear th...

Excerpt: ...led to show good cause to continue the hearing on the Application so he can, in effect, re-do his papers in support of the Application. None of the reasons Plaintiff gives for the requested continuance constitutes good cause, including, e.g., (1) Plaintiff's assertion that he intends to obtain counsel; (2) Plaintiff's assertion that he did not know the deadline for submission of the opposition brief; (3) Plaintiff's professed need for further dis...

Excerpt: ...jection to an interrogatory is without merit or too general. Code Civ. Proc. § 2030.300(a). Plaintiff moves to compel GM's further responses to her form interrogatories numbered 12.1 and 15.1. Form Interrogatory 12.1 requests the name, address, and telephone number of each individual who witnessed the “INCIDENT,” or events before or after, who made any statements at the scene of the “INCIDENT, who heard any statements about the “INCIDENT...

Excerpt: ... RJN The Court grants Defendants' request to judicially notice the Complaint, FAC, and SAC from the 2015 case. (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 CA4th 97, 113; Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 CA4th 471, 482-484.) Moving Separate Statement Defendants' Separate Statement renders this Motion as one for summary judgment because all 128 Undisputed Facts are repeated as to all five distinct issues. Any one disputed...

Excerpt: ... its discretion to relieve Defendants of the consequences of their waiver of jury trial, because Defendants missed the deadline by more than 14 months, there would be no significant prejudice to Defendants as most of the claims were equitable, and at the time, it appeared that the potential for prejudice to Plaintiff existed as neither of the parties had submitted any jury instructions by the deadline. (ROA 348, 2/10/21 Minute Order.) Defendants'...

Excerpt: ...h Sellers. [Complaint, ¶ 15 and Ex. 1.] The attached agreement is also signed by the agents but expressly states that they are not parties to the agreement between Buyer and Seller. [Complaint, Ex. 1 at 10.] Plaintiffs also allege that “Defendants” hired moving Defendant Bowers Termite. [Complaint, ¶ 20 and Ex. 3.] Plaintiffs attach Defendant's inspection report – titled Standard Notice of Work Completed and Not Completed – and allege t...

Excerpt: ...udicial notice, the Court takes judicial notice that these documents were recorded, but it does not take judicial notice of disputed facts in the recorded documents. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1374-1375; see also Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 659 (trial court could take judicial notice of complaints but could not use the allegations in those complaints to res...

Excerpt: ...e (1) parties capable of contacting, (2) their consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaintiff's performance or excuse for failure to perform, (6) defendant's breach, and (7) damage. Civ. Code §§ 1550, 1605; CDF Firefighters v. Maldonado (2008) 158 Cal. App. 4 th 1226, 1239. A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the compl...