Excerpt: ...on Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. Defendants Union Pacific Railroad Company and Mary Schroll demur to plaintiff's fourth cause of action for intentional infliction of emotional distress. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. Code Civ. Proc. § 430.10(e), (f). A demurrer tests the legal 5 sufficiency of the pleadings, not t...

Excerpt: ...suasion that one or more elements of the causes of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the ...

Excerpt: ...faith with respect to the remaining defendants. Code Civ. Proc. §§ 877, 877.6. In determining whether a settlement was entered into in good faith, the court will consider several factors: a rough approximation of plaintiff's total potential recovery and the settling defendant's proportionate liability, the amount paid in settlement, the allocation of proceeds among plaintiffs, a recognition that the settling defendant should pay less than if it...

Excerpt: ...conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. Plaintiff c...

Excerpt: ...th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, 5 the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. The demurrer is overruled as to plaintiffs' first cause ...

Excerpt: ... action alleged in plaintiff Change Lending, LLC's complaint. A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts prope...

Excerpt: ...Inc. v. Moriana. The Court heard oral argument in March 2022. At issue is the enforceability of arbitration agreements which prohibit an employee from pursuing representative claims in the PAGA context. A decision is expected within the next couple months. Under current law, PAGA claims cannot be arbitrated. Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 384. Thus defendants would have no justification to file a motion to ...

Excerpt: ... in ruling on the motion include: (1) the necessity and the reasons for the discovery; (2) the diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) the likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or oth...

Excerpt: ...ied. Plaintiff first argues that plaintiff is barred from asserting an unlawful detainer claim under the COVID‐19 Rental Housing Recovery Act. As the current action is not based on the nonpayment of rental debt which accumulated due to the COVID‐19 pandemic, the COVID‐19 Rental Housing Recovery Act does not apply to this action. Defendant also raises factual and evidentiary issues regarding the propriety of a lease agreement between defenda...

Excerpt: .... Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existe...

Excerpt: ...erson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. The demurrer is overruled. The allegations of the complaint are sufficient to state cause...

Excerpt: ...is uncertain. Code Civ. Proc. § 430.10(e), (f). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The court does not assume the truth of contentions,...

Excerpt: ...e settlement is approved …” (Declaration of Jordan W. Maurer, ¶ 4.) Specifically, the dispute between plaintiff and the City involves whether compliance with Medicare requirements means that the settlement agreement must provide for a Medicare Set‐aside Arrangement (“MSA”). The pleadings filed by plaintiff and the City comprehensively discuss the Medicare Secondary Payer (“MSP”) Act, the prohibition on Medicare making payment for a...

Excerpt: ...ctions, to special interrogatories, set one, numbers 1, 7, 8, 9, 10, 12, 14, 15, 16, 18, 19, 20, and 21. Defendant Onyems shall serve further verified responses on plaintiff no later than May 31, 2022. Plaintiff's request for sanctions is denied, because imposition would be unjust. (Code Civ. Proc., § 2030.300, subd. (d).) However, repeated failures to comply with discovery obligations may lead the court to find an abuse of the discovery process...

Excerpt: ...joined action were allowed to proceed. (Code Civ. Proc., § 526, subd. (a).) In making this determination, “the court must consider whether the party seeking the injunction is likely to prevail on the merits” and balances the relative harm to the parties. (Mitsui Manufacturers Bank v. Texas Commerce Bank‐Ford Worth (2d Dist. 1984) 159 Cal.App.3d 1051, 1059.) The plaintiff has the burden of showing they would be harmed without a preliminary ...

Excerpt: ...ly filed pursuant to Code of Civil Procedure section 472, the court will deem the amended answer as having been filed in accordance with the court's granting of leave to amend. 7 Motion to Strike Sourdough Solutions, Incorporated's Answer Plaintiff and cross‐defendant John P. Casper Family Partnership's motion to strike Sourdough Solutions, Incorporated's (“Soudough's”) answer is granted with leave to amend on the grounds that the answer wa...

Excerpt: ...motion is substantively deficient in other ways. Defendant's motion argues that the subpoena is facially defective and/or procedurally defective, but defendant does not provide evidence regarding the timing of service of any documents, nor does the motion include the subpoena itself. Defendant does not demonstrate that the subpoena is duplicative or burdensome. Defendant does not demonstrate that the subpoena seeks documents that are irrelevant t...

Excerpt: ... (Code Civ. Proc., § 2019.210. emphasis added.) The reasonable particularity requirement is meant “to help the court shape discovery, and to give the defendant the opportunity to develop defenses.” (Brescia v. Angelin (2d Dist. 2009) 172 Cal.App.4th 133, 149–50.) Reasonable particularity does not mean the claimant “has to define every minute detail of its claimed trade secret at the outset of the litigation. Nor does it require a . . . t...

Excerpt: ...rt rulings of other state and federal courts are not binding on this court. Plaintiff's objections to evidence are overruled. Defendant Starbucks Corporation moves to compel arbitration of plaintiff Tessa Turner's claims, and to stay the action pending arbitration. The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 17...

Excerpt: ...1422, 1428; Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158. Courts must apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. Elling Corp. v. Superior Court (1975) 48 Cal.App.3d 89. A motion for leave to amend must be accompanied by a declaration which specifies the purpose and effect of the proposed amendments...

Excerpt: ... strike is entitled to an award of attorneys' fees incurred in filing the motion. Code Civ. Proc. § 425.16(c)(1). The purpose of the fee‐ shifting provision is to discourage meritless lawsuits and also to provide financial relief to the victims of lawsuits which are subject to the anti‐SLAPP law. City of Los Angeles v. Animal Defense League (2006) 135 Cal.App.4th 606, 627. Courts have held that only fees and costs incurred on the motion to s...

Excerpt: ...vertheless, the court is permitted to take judicial notice of the legal effect of a document's language where that effect is clear. Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; see also 11 McElroy v. Chase Manhattan Mortgage Corp. (2005) 134 Cal.App.4th 388, 394 (judicial notice taken of recordation of notice of default under deed of trust, date of recording, and amount stated as owing). Defendant Wi...

Excerpt: ...v. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed true no matter how improbable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The court does not assume the truth of contentions, deductions, or conclusion...

Excerpt: ...er identified as DR6045‐6120 (“the Draft Agreement”), ordering the continued deposition of Michael Devereaux, and appointing a discovery referee to oversee the continued deposition. The Draft Agreement was produced in discovery by plaintiff Donyne Ranch LLC, in response to a request for production of documents served by defendant. As described by defense counsel, it contains handwritten notations. Defense counsel believes that the notations...

Excerpt: ...rt has jurisdiction to consider defendant's motion for attorney's fees. Defendant is the prevailing party in this action, as the court granted defendant's motion for summary judgment. Defendant requests attorneys' fees pursuant to Civil Code section 1717 totaling $51,595, plus $60 in costs incurred in the filing of the current motion. The first amended complaint alleged a single cause of action against defendant for breach of written contract. Th...