Excerpt: ...wers within 10 days. Defendants Dhaliwal and Femcare Medical Associates of Inland Valley, Inc. (“Femcare”) demur to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. FEMCARE Defendant Femcare contends that the claims against it are defective because it is an artificial entity that is prohibited from practicing medicine. However, a medical group employing doctors may be liable under vi...

Excerpt: ...fs regarding any grounds warranting leave to amend. If leave to amend is granted, and Ace files another demurrer, Ace is reminded of its duty to meet and confer by telephone or in person for each successive demurrer. (See CCP 430.41 and Poltrock Decl., Par. 5.) Defendant Ace Hardware Corporation (“Ace”) demurs to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. STANDING Defendant con...

Excerpt: ...urt shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his o...

Excerpt: ...Defendants Specialized Loan Servicing, LLC and Wells Fargo Bank, N.A. demur to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. JUDICIAL NOTICE is taken of Defendants' exhibits. 1st CAUSE OF ACTION PROMISSORY ESTOPPEL: The elements are: 1) promise; 2) which the promisor should reasonably expect to induce action or forbearance; 3) of a definite and substantial character; 4) on the part of...

Excerpt: ...s-Defendant Cong demurs to all causes of action in the FAXC on the ground that they fail to states facts sufficient to constitute causes of action. STATUTE OF LIMITATIONS A demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4 th 875, 881.) It must appear clearly and affirmatively that...

Excerpt: ...as to the 3 rd cause of action. Defendants Yeh and Sootodeh demur to the 2 nd, 3 rd, and 6 th causes of action on the ground that they fail to states facts sufficient to constitute causes of action. 2ND CAUSE OF ACTION BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING: The elements are: 1) Existence of contractual relationship; 2) implied duty; 3) breach; and 4) causation of damages. (E.g., Smith v. San Francisco (1990) 225 Cal.App.3d 38,...

Excerpt: ...ing, the default will be granted. Otherwise, the matter will be continued to allow for such. Further, when cured the court approves the bonds but denies the request to <004f0003004c0051004700 0057004b004400570003>may be issued by the City from time to time for similar purposes.” City does not have authority to issue further bonds from time to time without a validation hearing. Relevant statutory authorities: A public agency may upon the existen...

Excerpt: ...o submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that...

Excerpt: ...non-party Access Control Security in the sum of $500.00, payable within 30 days. Defendant KDF Claremont LP moves to compel non-party witness Access Control Security's compliance with deposition subpoena pursuant to CCP 2025.480. (a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subp...

Excerpt: ...TED. No sanctions. Defendant Pomona Valley Hospital Medical Center moves to compel Plaintiff's mental examination pursuant to CCP 2032.310. (a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) shall specify the time, place, manner, cond...

Excerpt: ...1-2. Defendant Shamrock Escrow Services, Inc.'s discovery motions are GRANTED. Plaintiff is ordered to file supplemental responses within 10 days. Reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $2,500.00 payable within 30 days. Defendant Shamrock Escrow Services, Inc. moves to compel further responses to discovery pursuant to CCP 2030.300 and 2031.310. CCP 2030.300 and 2031.310 allow a party to f...

Excerpt: ...he subpoena for production of business records served on JPMorgan Chase Bank. If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notic...

Excerpt: ...the complaint does not state facts sufficient to constitute a cause of action. VIOLATION OF HOMEOWNERS' BILL OF RIGHTS: A mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent may not record a notice of default pursuant to Section 2924 until all of the following: (1) The mortgage servicer has satisfied the requirements of paragraph (1) of subdivision (b). (2) Either 30 days after initial contact is made as required by paragraph ...

Excerpt: ...(b). The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within ...

Excerpt: ...improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the court's own files or records). (CCP 437.) The court finds the complaint fails to allege any f...

Excerpt: ...ervicing, LLC moves for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action. 1st CAUSE OF ACTION VIOLATION OF CC 2934(a)(1): Par. 18 alleges that there was no Substitution of Trustee recorded in favor of MTC Financial Inc. at the time the NOD was recorded. However, judicially noticeable documents establish a Substitution of Trustee was recorded on 11/7/17, substituting Trustee...

Excerpt: ... [The court notes that the 1 st cause of action is directed against “Sergio Jose Siderman,” who does not appear to be a party Defendant. Is the addition of “Siderman” a scrivenor's error? If so, the Court will order the Clerk to strike “Sergio Jose Siderman” from the 1 stcause of action.] Defendants Wong and Law Offices of Lee & Wong demur to the all causes of action on the grounds that they fail to state facts sufficient because they...

Excerpt: ...are uncertain. Defendant also moves to strike punitive damages. STATUTE OF LIMITATIONSA demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4 th 875, 881.) It mustappear clearly and affirmatively that, upon the face of the complaint, the right of action is necessarily barred. (Id.) Def...

Excerpt: ...as to No. 1 and sustained as to Nos. 2 and 3. Judgment Debtor's evidentiary objections based on “argument” contained in the declaration are sustained. Judgment Debtor claims an exemption per CC 5620(a). (a) The claim of exemption and notice of opposition to the claim of exemption constitute the pleadings, subject to the power of the court to permit amendments in the interest of justice. (b) At a hearing under this section, the exemption claim...

Excerpt: ...ime to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP §418.10(a)(1).) When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met. (Jewish Defens...

Excerpt: ...y adjudication pursuant to CCP 437c. A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) OBJECTIONS Plaintiff's evidentiary objections are overruled. Defendant's evidentiary Objections 1, 2, and 4-7 are overruled, and the remaining objections are sustained. ISSUE 1...

Excerpt: ... ordered to file and serve its Answer within 10 days. Cross-Defendant Lee's demurrer is SUSTAINED. The court will hear from Cross- Complainant regarding any grounds warranting leave to amend. Cross-Defendants Highland Investment Group, Inc. and Lee demur to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. Cross-Defendant Lee A salesman is only an agent of his principal; and as an agent, ...

Excerpt: ...ered to file and serve their Answers within 10 days. Defendants Tahim and Tredway, Lumsdaine & Doyle (“TLD”) demur to the 5 th – 7th causes of action on the grounds that they fail to state facts sufficient and are uncertain. EXHIBIT 9 “Evidence that a person has, in compromise or from humanitarian motives, furnished or offered or promised to furnish money or any other thing, act, or service to another who has sustained or will sustain or ...

Excerpt: ... the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (CRC 3.1332(a).) Defendant fails to demonstrate good cause for the continuance. Defendant states that additional discovery is required, but Defendant fails to demonstrate that it was diligent in seeking this information and through no fault of its own, it was prevented from obtaining the ...

Excerpt: ...30 days. Defendant Smith moves to compel non-party Custodian of Records on behalf of Ruiz <0014001c001b001a001100 140011> If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court...