Excerpt: ...of Action are sustained with ten days' leave to amend. Moving Defendants' demurrer to the Twelfth Cause of Action is overruled. Relevant Law “A complaint is vulnerable to a general demurrer on the ground that it fails to state a cause of action.” (Schauer v. Mandarin Gems of California, Inc. (2005) 125 Cal.App.4th 949, 955.) “A general demurrer will [also] lie where the complaint ‘has included allegations that clearly disclose some defens...

Excerpt: ...laintiff's motion for summary judgment is denied. Defendants “A party may substitute attorneys by serving and filing in the reviewing court a substitution signed by the party represented and the new attorney.” (Cal. Rules of Court, rule 8.36(b).) “The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination . . . [u]pon the consent of both client and attorney, filed with the cler...

Excerpt: ...cation for default judgment is denied without prejudice. Legal Standard A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100). (California Rules of Court Rule 3.1800.) Per Rule 3.1800(a), a party seeking a default must file various documents with the court including: a brief summary of the case identifying the parties and the nature of plaintiff's claim; de...

Excerpt: ...s objections are each overruled. (See CCP § 36.5; Fox v. Sup. Ct. (2018) 21 Cal.App.5th 529, 534.) Legal Standard Code of Civil Procedure, section 36 gives certain litigants priority in the disposition of their case. (Landry v. Berryessa Union School Dist. (1995) 39 Cal.App.4th 691, 696 & fn.2.) “A party to a civil action who is over the age of 70 years may petition the court for a preference, which the court shall grant if the court makes all...

Excerpt: ...July 15, 2020 Hearing At the hearing on this motion on July 15, 2020, the court permitted responding parties to file a supplemental response within 10 days of the hearing date to proposed intervenor POW!'s declaration filed in reply. Responding parties have not submitted a supplemental response. Timely Filing Defendant J.C. Lee filed a declaration of Jonathan D. Freund in opposition on July 9, 2020. An opposition must be served and filed at least...

Excerpt: ...RE: DEFENDANT DAVID KATTAN, M.D. AND KIRK UOMOTO, M.D.'S DEMURRER TO THE SECOND AMENDED COMPLAINT Moving Defendants' demurrer is sustained with ten days' leave to amend. Moving Defendants' motion to strike is moot. Demurrer Relevant Law A demurrer can be used only to challenge defects 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, 31...

Excerpt: ... v. Mandarin Gems of California, Inc. (2005) 125 Cal.App.4th 949, 955.) “A general demurrer will [also] lie where the complaint ‘has included allegations that clearly disclose some defense or bar to recovery.'” (Holiday Matinee, Inc. v. Rambus, Inc., (2004) 118 Cal.App.4th 1413, 1421.) A plaintiff alleging a statutory violation “must state with reasonable particularity the facts supporting the statutory elements of the violation.” (Khou...

Excerpt: ...the demurring or moving party is required to meet and confer, in person or by telephone, with the party who filed the pleading demurred to, to determine whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (CCP §§ 430.41.) Defendant attaches a declaration to the demurrer attesting Defendant sent a meet and confer letter by email to Plaintiff Sam Shadab on Jan...

Excerpt: ...intiff's application for default judgment is denied without prejudice. Legal Standard A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100). California Rules of Court Rule 3.1800. Per Rule 3.1800(a), a party seeking a default must file various documents with the court including: a brief summary of the case identifying the parties and the nature of plaintiff...

Excerpt: ...ithout prejudice. Legal Standard Labor Code § 2699(l)(2) states: “The superior court shall review and approve any settlement of any civil action filed pursuant to this part [Labor Code Private Attorneys General Act of 2004 (“PAGA”)]. The proposed settlement shall be submitted to the [Labor and Workforce Development Agency (“LWDA”)] at the same time that it is submitted to the court.” Any settlement of any civil action filed under PAG...

Excerpt: ...tions Plaintiffs Stephen A. Sugarman and the Stephen and Ainslie Sugarman Living Trust (“Sugarman Trust”) (together “Plaintiffs”) object to and move to strike the supplemental declarations of Mark R. McDonald and Gregory Ellis in support of Defendants' anti-SLAPP motion. The declarations were filed on May 22, 2020, and were thus untimely pursuant to CCP § 1005 with respect to the hearing then scheduled for June 5, 2020. In light of the n...

Excerpt: ...(CCP § 430.40(a).) `Plaintiff did not file a proof of service of the complaint nor is there a proof of service attached to the complaint. However, Defendants' counsel indicates “On or about December 30, 2019, Plaintiff Adly served Defendants with the subject lawsuit….” (Motion, p. 4:12-13.) Therefore, Defendants were served on or about December 30, 2019. On January 28, 2020, Defendants' counsel, Ani Grigoryan, filed a declaration to receiv...

Excerpt: ...ey's fees to is continued to August 21, 2020. Plaintiff is to provide by declaration an updated calculation of attorney's fees according to the approved fee rates as written for each attorney in this action, and evidence in support of the reasonableness of the rate of Mr. Peterson. The court awards an additional $112.50 in attorney's fees. Plaintiff's costs and expenses of $3,806.45 are approved. I. Motion for Attorney Fees Supplemental Oppositio...

Excerpt: ...ng Defendants' two Applications for an Order Permitting Daniel L. Ring and Andrew Tauber to Appear as Counsel Pro Hac Vice are granted. Relevant Law California Rules of Court, Rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in California as associated with an active licensee of the State Bar of California as attorney of record. To be eligible, the attorney must (1) not be a resident of...

Excerpt: ...1/2020 [TENTATIVE] RULING RE: Plaintiff's Application for Default Judgment Plaintiff's application for default judgment is continued to August 20, 2020. Plaintiff is ordered to file supplemental briefing and evidence by August 10, 2020. Legal Standard A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100). California Rules of Court Rule 3.1800. Per Rule 3.18...

Excerpt: ...Adjudication Plaintiff's motion for summary adjudication is continued to September 3, 2020. Defendant may file a supplemental response on or before August 10, 2020. Plaintiff may file a reply and/or objection to Defendant's supplemental response on or before August 24, 2020. The court will consider the evidence in Plaintiff's first and second declarations at the continued hearing. Case Background This is a family dispute over the ownership and ma...

Excerpt: ...t Richard Brenton The hearings on Plaintiff's two discovery motions are continued to August 25, 2020. Parties are ordered to engage in the meet-and-confer required by Department 36 Rules within ten days of this order in relation to both motions. Moving party to give notice. I. Motion to Compel Further Responses to First Set of Special Interrogatories Legal Standard Discovery motions to compel further responses must be served within 45 days after ...

Excerpt: ... to Strike is denied in part, and granted in part in relation to attorney's fees, with ten days' leave to amend. Legal Standard “A complaint is vulnerable to a general demurrer on the ground that it fails to state a cause of action.” (Schauer v. Mandarin Gems of California, Inc. (2005) 125 Cal.App.4th 949, 955.) “A general demurrer will [also] lie where the complaint ‘has included allegations that clearly disclose some defense or bar to r...

Excerpt: ...Objections to Defendant's Evidence in Support of Motion for New Trial Plaintiff's objections to Defendant's evidence filed on June 15, 2020 are each overruled. Defendant's Objections to Plaintiff's Evidence in Support of Opposition Defendant's objections are ruled on as follows: 1-11: Overruled. 12: Sustained in part as to: “Defendant does not object. Defendant waived objection.” (CEC § 352.) 13-17: Overruled. 18: Sustained in part as to: �...

Excerpt: ...ding under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.) A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts re...

Excerpt: ...with Subpoena is denied. Defendant Los Angeles County Board of Supervisors' Demurrer is sustained with twenty days' leave to amend. Plaintiff Kenneth Moore's Motion to Strike is denied. Plaintiff Kenneth Moore's Motion for Summary Judgment is denied. I. PLAINTIFF'S MOTION RE: DISOBEDIENCE OF SUBPOENA Plaintiff Kenneth Moore moves the court for damages for Defendant Los Angeles County Board of Supervisors' failure to appear pursuant to a subpoena ...

Excerpt: ...urrer must be filed within 30 days of service of the complaint. (Code Civ. Proc., § 430.40.) The court has discretion to consider the demurrer after this period. (Code Civ. Proc., § 473(a)(1).) Plaintiff Valerie Pacheco filed proof of service by mail on February 24, 2020, on Defendant's California address. Service by mail within California increases the time for response by five days. (Code Civ. Proc., § 1005(b).) Defendant Nissan North Americ...

Excerpt: ...lainant's Motion for Sanctions; Cross‐Defendants' Motion for Sanctions. ARROW DISPOSAL SERVICES, INC., Cross-Complainant, v. CLEAN UP AMERICA, INC., et al., Cross-Defendants. Cross-Defendants Janet Randolph and Hon. Judge Milton's Motion for Summary Judgment is placed off calendar. Cross-Complainant Arrow Services, Inc.'s Request to Set an OSC Re: Contempt is denied. Cross-Defendants Janet Randolph and Hon. Judge Milton's Request for Retroactiv...

Excerpt: ...CES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. (1) PLAINTIFF'S REQUEST TO PRESENT ORAL TESTIMONY AT THE HEARING ON DEFENDANTS' MOTION TO COMPEL ARBITRATION; (2) PETITION TO COMPEL ARBITRATION AND REQUEST FOR STAY OF PROCEEDINGS MOVING PARTY: (1) Plaintiff Marina Hartounian; (2) Defendants Universal Auto Group and Mohammad Aghaei RESPONDING PARTY(S): (1) No opposition on eCourt as of June 24, 2020;...

Excerpt: ...tiff Jobs to Move America seeks to recover damages and civil penalties on behalf of the State of California and the LA Metro against Defendant New Flyer of America. Plaintiff alleges that Defendant did not pay the wages and benefits it promised in connection with a $500 million contract to provide Metro with transit buses. Defendant New Flyer demurs to the complaint and move to strike portions of it. TENTATIVE RULING: Defendant New Flyer of Ameri...