Excerpt: ...e hearing, which is insufficient. Because the motion was electronically served, Plaintiffs had to serve the motion no later than 12/27/23. Accordingly, the motion is DENIED. Even if the court were to consider this untimely motion, the motion is also denied on the merits. First, Plaintiffs not only seek reconsideration/relief from the August 30, 2023, sanction order, but also from the June 23, 2023, order. Plaintiffs frame this motion as only seek...

Excerpt: ...hibits a landlord, with intent to terminate the tenants' occupancy, from interrupting or willfully terminating their utility service"; and that "Defendant violated this section [Civil Code section by, without coordinating with Ms. Higgins of her availability or obligation to care for her children, terminating water, electricity, and gas services to the leased premises." (See Complaint, "1 13(e), 33, 34, and 35.) For purposes of this demurrer, all...

Excerpt: ...enders the Complaint fatally uncertain. While the caption lists claims such as fraud, wrongful foreclosure, slander of title and unjust enrichment, these claims are not restated or identified within the body of the complaint. Consequently, the complaint fails to comply with California Rules of Court rule 2.112, which requires "[e]ach separately stated cause of action...state: (1) Its number (e.g., 'first cause of action'); (2) Its nature (e.g., '...

Excerpt: ...omplaint is subject to a general demurrer, "where it contains general allegations of a breach of contract and inconsistent allegations of facts that do not constitute a breach." (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group ) at '16:246.1, emphasis in original, citing Melican v. Regents of university of California (2007) 151 Cal.App.4th 168, 174.) Thus, inconsistent factual allegations may be challenged by a general dem...

Excerpt: ...l (2019) 33 CA5th 431, 456; People v. Clausen (1967) 248 CA2d 770, 785-786 "[Sluch granting of leave to amend must be construed as permission to the pleader to amend the cause of action which he pleaded in the pleading to which the demurrer has been sustained." ; see Harris v. Wachovia Mortg., FSB (2010) 185 CA4th 1018, 1023—plaintff may not amend the complaint to add a new cause of action without having obtained permission to do sol. Even cons...

Excerpt: ...omplaint (ROA #2), 15-17.1 Plaintiff alleges that she sought help from Knott's Berry Farm employees to prevent or avoid the attack but they refused to intervene or provide security assistance. [ld., "1 32, 33, 40, 41, 48.] A demurrer can be used only to challenge defects that appear within the "four corners" of the pleading — which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice....

Excerpt: ...ng agents, employees, or agents who are most qualified to testify on its behalf as to the matters set forth in a notce of deposition, (2) produce the persons so designated for a designated for a deposition, and (3) produce the documents requested in Plaintiff's Notice of Deposition. Plaintiff's motion to compel further responses to form interrogatories was withdrawn. (ROA No. 232.) The motion is taken off calendar. MOTION TO COMPEL FURTHER RESPON...

Excerpt: ...ments produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond." (Code Civ. Proc., S 2031.280, subd. (a).) Plaintiff responded to the requests at issue with: "After diligent search and reasonable inquiry in an effort to comply with this request, Responding Party identifies and directs Propounding Party to the entire personnel file of Respondi...

Excerpt: ... CRC, Rule 3.1300(c). Furthermore, the opposition is 20 pages long with no table of contents or authorities. (See CRC, Rule 3.1113(d) ("no opening or responding memorandum may exceed 10 pages.") and (h) ("memorandum that exceeds 10 pages must include a table of contents and a table of authorities.").) CRC, Rule 3.1113(e) provides that a party may apply ex parte to file a memorandum that is longer than the proscribed limits. Plaintiff here did not...

Excerpt: ...that a defendant is liable for physical abuse or neglect, as they are defined in the Act, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse. (Welf. & nst. Code S 15657.) To prove "neglect" within the meaning of the Act, a plaintiff must allege facts establishing that defendant: "(1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, ...

Excerpt: ...side the pleading which are judicially noticeable under Evidence Code SS 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 demurrer, a complaint must be li...

Excerpt: ...an 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, 318; Donabedian v. Mercury Ins. co. (2004) 116 cal.App.4th 958, 994 (citing text).l No other extrinsic evidence can be considered (i.e., no "speaking demurrers"). (Ion Equip. Corp. v. Nelson (1980) 110 Cal .App.3d 868, 881 —errorfor court to conside...

Excerpt: ...on is one that explicitly directs the courts attention to a previous order and seeks to "modify, amend, or revoke" that order. Merely asking the court to grant relief that is inconsistent with a prior order, whether by the same or a different judge, is not a "motion for reconsideration. ' (Sorenson v. Superior Court (2013) 219 Cal. App. 4th 409, 421 n.13.) A motion for reconsideration is commonly thought to have two stages. The court must decide ...

Excerpt: ...ments is made at this time. Motion to Compel Thomas Deposition Code Civ. Proc. S 2025.450(a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code Civ. Proc. S 2025.410, fails to appear for deposition the party giving notice may move for an order compelling the deponent's attendance and testimony at deposition. The moton must be accompanied by a declaration under Code Civ. P...

Excerpt: .... (Leader v. Health Industries of Arm Inc. (2001) 89 Cal. App. 4th 603, 615.) A court may grant discretionary relief upon the moving party's showing of mistake, inadvertence, surprise or excusable neglect. (ld. at 615-616.) A court must grant mandatory relief upon a showing by an attorney declaration of mistake, inadvertence, surprise or neglect. (ld. at 616.) Courts have limited the application of the mandatory provision to those dismissals proc...

Excerpt: ...ty is required to provide discovery is a deposition subpoena." (ld„ subd. (b).) Production of documents by a nonparty deponent requires the service on the deponent of a deposition subpoena. (S 2025.280, subd. (b).) If the deponent is a natural person, service of a deposition subpoena is made by personal delivery of a copy of to the deponent. (CCP S 2020.220, subd. (b)(l).) If the deponent is an organization, service is made by personal delivery...

Excerpt: ...t does. Three, does the FAA apply? Yes. Four, is the agreement unconscionable, either procedurally or substantively? No. And five, a variant of the question concerning unconscionability, does the agreement provide for a neutral arbitrator and adequate discovery? Yes. Sufficiency of evidence concerning agreement "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a pa...

Excerpt: ...or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer." (Code Civ. Proc. S 473(a)(1).) "The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this c...

Excerpt: ...a Rules of Court, Rule 2.112. Plaintiff did not file an Opposition. A special demurrer for uncertainty is "disfavored." (Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822.) Nevertheless, a demurrer for uncertainty may be sustained "where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her." (We...

Excerpt: ...rrer Plaintiff did not oppose the demurrer. Failure to oppose the demurrer may be construed as having abandoned the claims. (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.) Hotel Company's demurrer is sustained with 15 days leave to amend. Motion to Strike The court notes Hotel Company filed the motion to strike twice, the first filing on 5/31/2023 (ROA No. 30) and the second filing on 9/7/2023 (ROA No. 39). The two motons appear ...

Excerpt: ...ty is certifying that, to the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances that all of the followng conditions are met: (1) it is not being presented primarily for an improper purpose; (2) the claims, defenses, or other legal contentions are warranted by existing law or by a nonfrivolous argument for the extension, modification or reversal of existing law or the establishment o...

Excerpt: ...allege a breach because the Assignment Agreement requires Defendant "to provide either marketable or insurable title," and the FAC "does not allege that [Defendant) failed to provide insurable title, and in fact plaintiff is represented by the very insurance company who provided title insurance to Plaintiff." Defendant further contends Plaintiff did not "perform a condition precedent to receive the benefits of the alleged warranty," because the F...

Excerpt: ...ofs of service do not show that the demurrer, moton to strike, supporting papers, and replies were properly served on Plaintiff. Defendant's proof of service states the demurrer, motion to strike, and supporting papers were served by "express delivery service." It is unclear what "express delivery service" means. The description states it would be deposited in the ordinary course of business, but does not state where it is deposited (i.e. in an o...

Excerpt: ...e ends of justice and is for the convenience of witnesses. The Court may change the place of trial when the convenience of witnesses and the ends of justice would be promoted by the change. Civ. Proc. S 397, subd. (c).) The moving party has the burden of proving "'that both the convenience of witnesses and the ends of justice will be promoted thereby It is primarily a question for the trial judge whether that burden has been successfully sustaine...

Excerpt: ...te no later than a date to be determined at the hearing. Plaintiff is awarded sanctions of $81W against Defendant, to be made no later than January 2, 2024. Plaintiff's motion to deem admitted requests for admission, set one, served on Defendant, is denied. Motion to Compel Responses to Form Interrogatories If a party to whom interrogatories are directed fails to serve a timely response: (1) the party who has failed to provide a timely response w...