Excerpt: ...The court notes that the tenth cause of action contains a typo in the referenced code section, the correct section is Government Code section 12955, subdivision (f). Demurring defendant shall file and serve their answer to the second amended complaint within thirty (30) days from the date of this order. Explanation: A general demurrer admits “‘all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.'...

Excerpt: ... is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). The evidence on a motion for class certification for settlement must meet the same standards as if there were not settlement, except that there is no need to show the case can be managed for trial. Amchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 620. California law requires admissible evidence to permit class certification. In re Tobacco II Cases (2009) 46 Cal. 4t...

Excerpt: ...tion to strike the prayer for punitive damages, as moot in light of the ruling on the demurrer. (Code Civ. Proc. §§ 435, 436.) Defendants shall submit a proposed judgment consistent with this ruling within 20 days of the date of service of this order. Explanation: Demurrer: Defendants have demurred to plaintiff's entire first amended complaint on the ground that it fails to state any valid causes of action against them under various theories. W...

Excerpt: ...Ibid.) Explanation: Defendant City of Huron has demurred to the first, second, and fourth causes of action for unjust enrichment, economic duress, and conversion on the ground that they fail to state causes of action, as they attempt to state common law tort causes of action against a government entity. As defendant correctly notes, Government Code section 815 bars common law tort claims brought against public entities like the City. “Except as...

Excerpt: .... RRNS Enterprises (1992) 4 Cal.App.4th 238, 241.) “Allowable” costs awarded to a prevailing party must be (1) incurred by that party; (2) reasonably necessary to the conduct of the litigation; and (3) reasonable in amount. (Code Civ. Proc. §1033.5, subd. (c)(1)‐(3); El Dorado Meat Co. v. Yosemite Meat & Locker Service, Inc. (2007) 150 Cal.App.4th 612, 616.) Although the prevailing party is typically entitled to reimbursement of costs, in ...

Excerpt: ... further responses. Plaintiff shall provide further responses to defendants' Requests for Admissions, Set No. One, Nos. 5, 10, 11, 16, 21, 22, 27, 32 and 33, and to Form Interrogatory, Set No. 1, Interrogatory No. 326.1, related to the Requests for Admission. These further responses shall be served within 20 calendar days of this order, with the time to run from the date of service of this minute order by the clerk, To grant monetary sanctions ag...

Excerpt: ...sotti, A Professional Law Corporation within 30 days of the clerk's service of this minute order. Explanation: In a FEHA action “a prevailing plaintiff should ordinarily receive his or her costs and attorney fees unless special circumstances would render such an award unjust.” (Gov. Code, § 12965, subd. (b); Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 115 [in].) “In enacting the FEHA, the Legislature sought to saf...

Excerpt: ...“serious questions” as to whether plaintiffs' expert's declaration was factually incorrect, at least as to the defendant who was not involved with the procedures addressed in the declaration. (Id. at p. 1540.) Particularly, the court noted, “it is possible that upon deposition of [the plaintiffs' expert], confronted with proof that he may have been mistaken in his belief that [the defendant] was involved in the procedure, he may concede his...

Excerpt: ...rt may separately try one or more issues before trial of the other issues if resolution of the bifurcated issue is likely to simplify the determination of the other issues." (Cal. R. Ct., R. 5.390(b).) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross- complaint, or ...

Excerpt: ...erent order may be entered, if the motion is based on “new or different facts, circumstances, or law.” (Id., subd. (a).) First, plaintiff's counsel's declaration filed with the opening brief indicated that the court's original ruling had been “contrary to applicable law.” However, a claim that the court misinterpreted the law in its initial ruling is not a “new” or “different” matter under section 1008. (Gilberd v. AC Transit (199...

Excerpt: ... this court, within seven days of service of the minute order, an ex parte request (without hearing) dismissing the action as to the demurring defendants. Explanation: “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....

Excerpt: ... to a purported forum selection clause in a Solar Representative Agreement. Defendant argues that because plaintiff failed to assert his claims in an action between the parties in Utah, he is now barred raising them here. The court does not find defendant's arguments compelling. Code of Civil Procedure section 426.30, subdivision (a), provides: Except as otherwise provided by statute, if a party against whom a complaint has been filed and served ...

Excerpt: ...‐13:27) without leave to amend. To deny the remainder of the motion. (Code Civ. Proc., § 436.) Defendant Golden State shall file its answer to the Second Amended Complaint (“SAC”) within 10 days of service of the order by the clerk. Explanation: Demurrer Golden State's demurrer to the First Amended Complaint's (“FAC”) second cause of action was overruled. It's demurrer to the FAC's fifth cause of action was sustained solely on statute ...

Excerpt: ...ation: In this action plaintiff California Statewide Communities Development Authority seeks judicial foreclosure of an assessment lien. Plaintiff alleges that defendants took out a loan against their property to pay for solar panels. The loan was tied to the property taxes. Defendants then failed to make the property tax payments. The undisputed facts show on January 27, 2010, plaintiff adopted a resolution pursuant to the Improvement Bond Act o...

Excerpt: ...Second Amended Complaint are to be set in boldface type. Explanation: Demurrer, in General The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether the plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of the plaintiff's possible difficulty or inability in proving the allegat...

Excerpt: ...ce liability on undertaking without prejudice. Explanation: Motion for Attorneys' Fees Plaintiff J.H. Boyd Enterprises, Inc. (“JHBE”) moves for an award of attorneys' fees in the sum of $607,244.50 plus additional fees incurred in connection with this motion. The motion is brought pursuant to Civil Code section 1717, which provides in relevant part: “(a) In any action on a contract, where the contract specifically provides that attorney's f...

Excerpt: ...omplaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. New allegations in the First Amended Complaint are to be set in boldface type Explanation: Demurrer Demurrer, in General The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a c...

Excerpt: ...e set in boldface type. Explanation: Code of Civil Procedure section 473 authorizes the trial court, in its discretion, to allow amendments in furtherance of justice. (Code Civ. Proc., § 473; Cherrigan v. City etc. of San Francisco (1968) 262 Cal.App.2d 643, 653.) Where no prejudice is shown to the adverse party, “courts are bound to apply a policy of liberality in permitting amendments to the complaint at any stage of the proceedings, up to a...

Excerpt: ...ts against defendant S&A, in the amount of $3,288. Defendant shall pay attorney's fees and costs within 30 days of the date of this order. Explanation: Under Code of Civil Procedure section 664.6, If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of...

Excerpt: ...demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the...

Excerpt: ...b), provides for discretionary relief from a default or default judgment that has been entered due to mistake, surprise, inadvertence, or excusable neglect. (Code Civ. Proc. § 473, subd. (b).) The party seeking relief must bring his or her motion within a reasonable time, not to exceed six months from the date of entry of the default or default judgment. (Ibid.) “Where the mistake is excusable and the party seeking relief has been diligent, co...

Excerpt: ...ry relief claims seeking interpretation of written contracts is proper. (Shaw v. Regents of Univ. of California (1997) 58 Cal.App.4th 44, 52.) However, interpretation of a written document is a question of law for the trial court to determine, only where extrinsic evidence is unnecessary. (Temple v. Velcro USA, Inc. (1983) 148 Cal.App.3d 1090, 1095.) In other words, interpretation is appropriate where the language is clear, understandable and com...

Excerpt: ...s informed that the bankruptcy petition had been dismissed; trial therefore was set for July 30, 2020. On July 30, 2020, the court received a copy of a bankruptcy court order dated July 24, 2020 dismissing defendant's bankruptcy petition for failure to timely file documents. At the time scheduled for trial, defendant asserted that a bankruptcy petition had been filed by the second defendant in this action, again staying the action. Although defen...

Excerpt: ...o comply with Code of Civil Procedure section 1008, which governs motions for reconsideration. Section 1008 states that, When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstanc...

Excerpt: ...ed judgment dismissing the claims against her within 10 days of the date of this order. Explanation: In its ruling on a prior demurrer, the court held that plaintiffs had failed to state sufficient facts to support their negligence claims against Martinez, as they had not alleged any facts showing that Martinez actually knew that her husband had a propensity to molest children. Instead, plaintiffs only alleged that defendant “knew or should hav...