Excerpt: ...Suite, Inc. and JS CJ3 LLC for alleged lack of personal jurisdiction. Defendant Cessna Finance Corporation moves in the alternative to dismiss or stay this case based on a forum selection clause in agreements between Cessna Finance and Plaintiff JS CJ3, LLC. For the following reasons, Defendant Beverlin's motion to quash is denied, Defendant Textron's motion to quash is denied, and Defendant Cessna Finance's motion to quash is granted. In light o...

Excerpt: ... that the vicarious liability allegations in the first through fifth and eighth causes of action are duplicative of the tenth cause of action. “For the doctrine of respondeat superior to apply, the plaintiff must prove that the employee's tortious conduct was committed within the scope of employment.” Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202, 209. A risk arises out of the employment when in the context of the particular enterprise ...

Excerpt: ...45 Cal.App.4 th 170, 186. Plaintiff alleges, inter alia, that Defendant misrepresented to her that she required root canals on six healthy teeth that did not require root canals, FAC ¶ 30, and that Defendant knew the representations were false when made or made them recklessly and without regard for their truth. Id. ¶ 31. Plaintiff alleges that Defendant intended that Plaintiff would rely on the representations and undergo unnecessary treatment...

Excerpt: ...ed to possession of the property claimed; (2) show that the property is wrongfully detained by the defendant, the manner in which the defendant came into possession of the property, and the belief of the plaintiff of the reason for that detention; (3) describe the property and state its value; (4) provide the location of the property and whether the property or some part of it is within a private place that may have to be entered to take possessi...

Excerpt: ...and overruled in part. “Generally speaking, the determination whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action.” South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732. Accordingly, a demurrer reaches only to the contents of the pleading and such matters as may be considered under the doctrine of judicial notice. Id. The allegations of th...

Excerpt: ... below the superior court jurisdictional amount, and the court affords the parties an opportunity to contest transfer.” Walker v. Superior Ct. (1991) 53 Cal.3d 257, 262. Having read and considered the arguments and evidence submitted by Plaintiffs and Defendant, the court cannot conclude that this case will necessarily result in a verdict below the superior court jurisdiction amount. See Small Decl. ¶¶ 2-4 & Exs. 1 & 2. Plaintiffs to give not...

Excerpt: ...tions of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, ...

Excerpt: ...lure to serve responses to the requests, Plaintiff has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .” Cal. Civ. Proc. Code § 2030.290(a). Plaintiff shall provide responses, without objections, to Defendant's Special Interrogatories (Set One) by May 31, 2018. Defendant's reque...

Excerpt: ...s do not contend that service of summons did not result in actual notice in time to defend the action. See Cal. Civ. Proc. Code § 473.5(a). Section 473 applies to Defendants' motion. Defendants argue that the defaults were entered due to Defendants' mistake, inadvertence, surprise or excusable neglect. See id. § 473(b). Specifically, Defendants argue that their prior counsel failed to communicate with them and, in particular, failed to advise t...

Excerpt: ...ses its discretion pursuant to section 426.16(f) to hear Defendant's motion despite its filing more than sixty days after service of the complaint. The circumstances of this case are not like those in Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5 th 637, which involved a special motion to strike filed after “much litigation” and against causes of action contained in an amended complaint that had also been cont...

Excerpt: ...r from recording or filing any documents concerning the Property. The court denied Plaintiffs' previous motion for a preliminary injunction in an April 5, 2018 order. For the following reasons, Plaintiffs' renewed motion is denied. A trial court may not consider an application to reconsider an order or renew a motion unless it is made in accordance with the requirements of California Code of Civil Procedure § 1008. Section 1008 is jurisdictional...

Excerpt: ...ment may be issued; (2) the plaintiff has established the probably validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. Cal. Civ. Proc. Code § 484.090(a)(1)-(4). A court may order the issuance of a writ of attachment only if the plaintiff's claim has ...

Excerpt: ...nary injunction shall be granted without notice to the other party.”); Pacific Decision Sciences Corp. v. Superior Ct. (2004) 121 Cal.App.4 th 1100, 1110 (“Prior notice is always required before the court issues a preliminary injunction.”) (emphasis in original). A preliminary injunction may be sought by noticed motion pursuant to California Code of Civil Procedure § 1005 or by an application for an Order to Show Cause (OSC). Cal. R. Ct. 3...

Excerpt: ...intiff to file any amended complaint by December 21, 2017. See id. Plaintiff did not do so. Accordingly, Plaintiff's first and second causes of action, and the punitive damages allegations related to those two causes of action, remain dismissed. There is no need for Defendant to move separately to strike those portions of the FAC. Defendant's motion to strike is therefore denied. Defendant's Request for Judicial Notice is denied. Defendant need n...

Excerpt: ...ations regarding Defendant's intoxication at the time of automobile collision at issue in this case to allege entitlement to punitive damages at this stage. See, e.g., First Amended Complaint ¶¶ 6, 8, 9. Dawes v. Superior Court (1980) 111 Cal.App.2d 82, on which Defendant relies, supports the conclusion that Plaintiff's First Amended Complaint alleges sufficient facts to support her punitive damage prayer. Defendant to serve and file an answer ...

Excerpt: ...nts Derek Phan and Tung Phan pursuant to California Code of Civil Procedure Section 998, and Goldstein [sic] v. Bank of San Pedro, 27 Cal. App. 4 th 899 (1994), hereby jointly offer to compromise and settle his [sic] matter as to Plaintiff Karrie Sartin upon payment to her of the total sum of $1,000.00 [one thousand dollars]. All parties to bear their own attorney's fees and costs. After Plaintiff's timely acceptance of this statutory offer by fi...

Excerpt: ...not serve and file Judicial Council forms MC-052 and MC-053 in support of the motion. See Cal. R. Ct. 3.1362(c), (e). Counsel also request in the March 2, 2018 motion that the court continue the May 14, 2018 trial date. That request is denied. Counsel has not provided evidence of good cause for a trial continuance, which is not addressed at all in Attorney Sobti's declaration in support of the March 2, 2018 motion. The March 8, 2018 motion is den...

Excerpt: ...e private entity renders her complaint uncertain, confusing and ambiguous, as does her use of “Defendants” through the complaint when it appears that particular allegations only apply to one or the other of Defendants. See Cal. Civ. Code § 430.10(f). Defendant City of Santa Ana's demurrer is sustained. Should Plaintiff desire to file an amended complaint, she must file and serve it by May 14, 2018. Defendant's unopposed Request for Judicial ...

Excerpt: ...a) states that “[u]pon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” Cal. Civ. Code § 2923.7(a). The statute defines “single point of contact” as “an individual or team of personnel each of whom has the ability and authority to perf...

Excerpt: ...is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. Cal. Civ. Proc. Code § 484.090(a)(1)-(4). A court may order the issuance of a writ of attachment only if the plaintiff's claim has probable validity; i.e., where it is more likely than not that the plaintiff will obtain a judgment against the def...

Excerpt: ...family way.'” Vinas's Compendium of Exhibits, Ex. 1 (at 15-16). Although these interrogatories refer to allegations in Cross-Complainants' Wayne Hayes and Amy Hayes's Cross-Complaint, see id. (Special Interrogatory No. 67), Cross-Complainants have filed a First Amended Cross-Complaint. The allegations to which Special Interrogatory Nos. 68 through 75 refer appear in paragraph 20 of the First Amended Cross-Complaint. Paragraph 20 alleges, in rel...

Excerpt: ...es, as well as the arguments of counsel at the February 8, 2018 hearing, the court grants Reliant's motion in part and denies it in part for the following reasons. The parties agree that Plaintiff's case should be arbitrated. SeePlaintiff's Opp. at 1:6-7; Plaintiff's Supp. Brief at 2:8-9. The parties dispute, however, whether Plaintiff is required to accept the American Arbitration Association (AAA) as the arbitration provider. When Plaintiff pur...

Excerpt: ...an opposition to Plaintiff's motion. If a party does not obey an order compelling further responses to interrogatories, the court may make those orders that are just. Cal. Civ. Proc. Code § 2030.300(e); see also id. § 2023.030. The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. Doppes v. Bentley Motors, Inc.(2009) 174 Cal.App.4 th 9...

Excerpt: ...ling any documents concerning the Property. Having read and considered all of the documentation submitted by the parties in support of and in opposition to Plaintiffs' motion, including the parties' briefs, declarations, and exhibits, the court denies Plaintiffs' motion for the following reasons. Plaintiffs allege that Defendant's deceased husband provided a usurious loan to Plaintiffs in April 2007. The purpose of the loan was to refinance the P...

Excerpt: ...s allegedly have not exhausted required administrative remedies for that claim. For the following reasons, Defendants' demurrer is overruled. Defendants' demurrer to both causes of action based on uncertainty is overruled. Demurrers for uncertainty are disfavored. Lickiss v. Financial Indus. Regulatory Auth. (2010) 208 Cal.App.4th 1125, 1135. These causes of action are not “so incomprehensible that [Defendants] cannot reasonably respond.” Id....