Excerpt: ...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 a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (CCP 473(b).) The burden of pro...

Excerpt: ...f general causation. Defendant cites various out-of-state and federal cases, requiring Plaintiffs to establish certain elements of their claims early in the litigation to reduce potential litigation costs. While this court has decided to apply Texas substantive law to this matter, procedural matters are governed by the law of the forum (World Wide Imports, Inc. v. Bartel (1983) 145 Cal.App.3d 1006, 1012), which in this case would be California la...

Excerpt: ...ustained – but even if considered would not alter the court's ruling. Defendants Domino's Pizza LLC and Domino's Pizza Franchising LLC move for summary judgment and/or adjudication of issues per 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).) Issue ...

Excerpt: ...ets a ceiling on recovery. (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) If no specific damages are alleged in the complaint, a prayer “for such other and further relief as the court deems just” will not support a default judgment for any specific sum. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494‐ 495.) Specific damage allegations in the body of the complaint may provide notice to the defendant of the amounts being soug...

Excerpt: ...ay, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff's Complaint alleges that Defendants' dietary supplements, “N...

Excerpt: ... ground that they fail to state facts sufficient to constitute a cause of action and are uncertain. 4th and 5 th CAUSES OF ACTION FRAUD and NEGLIGENT MISREPRESENTATION: <00310048004a004f004c00 00550048005300550048>sentation claims. Demurrer to the 4 th and 5 th causes of action is MOOT. 1ST CAUSE OF ACTION DEFAMATION: The elements are: intentional publication; of statement of fact; that is false; defamatory; unprivileged; and has a natural tenden...

Excerpt: ...e motion based on any of the grounds under Rule 3-700(C). Rule 3- 700(c) provides that an attorney may withdraw based on any of the following: (1) The client (a) insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a cou...

Excerpt: ...related to Plaintiff. Plaintiff F.M. (female minor) was sexually and physically abused by her mother and six male residents in her mother's home. The Complaint, filed 6/4/13, FAC, asserts causes of action for: 1. Negligence (v. County, DCFS) 2. Violation of 42 USC 1983 (v. County, DCFS) 3. Violation of CC 51.7, 52, and 52.1 (v. County, DCFS) 4. Negligence (v. Does 31-40) TENTATIVE RULING <0056005800500050004400 004c004600440057004c>on is DENIED a...

Excerpt: ...iff's employment, termination, and pay is DENIED. No sanctions. (See below regarding the court's concern about the actions of counsel at the previous deposition). Plaintiff Gu moves to compel the deposition of Sherry Wang, Joseph Su, Sheena Tong, Bernice Navarro, and WHPM Inc.'s PMK per CCP 2025.450. If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designa...

Excerpt: ...on any of the grounds under Rule 3-700(C). Rule 3- 700(c) provides that an attorney may withdraw based on any of the following: (1) The client (a) insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or (b) seeks to pursue an illegal course of conduct, or (c) insists that the member pursue a course of conduct ...

Excerpt: ...ction of documents is GRANTED. (CCP 2030.290, 2031.300.) Plaintiff Chou is ordered to respond to discovery without objections within 10 days. Sanctions are imposed against Plaintiff Chou in the sum of $1,835.00, payable within 30 days. Defendant Smith moves to compel responses to form interrogatories, special interrogatories, and request for inspection and production of documents, and for sanctions. CCP 2030.290(b) and 2031.300(b) allow the propo...

Excerpt: ...he objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (CCP 430.41(a).) The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met and conferred with the party ...

Excerpt: ...tions limit the amount of damages awardable on default. The demand sets a ceiling on recovery. (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) If no specific damages are alleged in the complaint, a prayer “for such other and further relief as the court deems just” will not support a default judgment for any specific sum. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494‐ 495.) The Complaint prays for judgment “in excess of $...

Excerpt: ...ntiff Lo is ordered to respond to discovery without objections within 10 days. Sanctions are imposed against Plaintiff Lo in the sum of $1,835.00, payable within 30 days. Defendant Smith moves to compel responses to form interrogatories, special interrogatories, and request for inspection and production of documents, and for sanctions. CCP 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogator...

Excerpt: ...PROVIDE FURTHER RESPONSES TO REQUESTS FOR ADMISSIONS, SET TWO, AND FOR SANCTIONS Respondent: Plaintiffs Jane and John Doe 4. Defendant Landerville's MOTION FOR AN ORDER COMPELLING PLAINTIFF [JANE DOE] TO PROVIDE FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND FOR SANCTIONS Respondent: Plaintiffs Jane and John Doe 5. Defendant Landerville's MOTION FOR AN ORDER COMPELLING PLAINTIFF [JOHN DOE] TO PROVIDE FURTHER RESPONSES TO SPECIAL INTER...

Excerpt: ... Rodman (1986) 42 Cal.3d 822, 824.) If no specific damages are alleged in the complaint, a prayer “for such other and further relief as the court deems just” will not support a default judgment for any specific sum. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494‐ 495.) <0051004700440051005700 004400470047004c0057>ional proof according to proof as the court may find appropriate.” Since Plaintiff is seeking the additional ...

Excerpt: ... 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 a reasonable time, in no case exceeding s...

Excerpt: ...rden 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).) A cause of action for Professional Negligence requires: a duty of care owed plaintiff to use skill, prudence and diligence as other members of profession commonly possess and exercise; breach; causation; and damage. (Burgess v. Superior Court (1992) 2 Cal. 4th 1064, 1077; County ...

Excerpt: ..., President of OTM and All American, pursuant to CCP 2025.450. At the prior hearing on 11/1/17, this court granted Plaintiff's motion to compel, ordering the following: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fai...

Excerpt: ...fees and punitive damages from the Complaint. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, false, or 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 ap...

Excerpt: ... 1 st – 4 th causes of action on the ground that they fail to state facts sufficient. 1ST – 4 th CAUSES OF ACTION BREACH OF CONTRACT, FRAUD, CONVERSION, DECLARATORY RELIEF: In California, two conditions must be met before the alter ego doctrine will be invoked. First, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personalities of the corporation and the shareholder do no...

Excerpt: ...t Burciaga's MOTION TO STRIKE Respondent: Plaintiffs A.G. and Elizabeth G. TENTATIVE RULING Causes of action for: 1. Negligence 2. Breach of Mandatory Duties 3. Sexual Battery 4. False Imprisonment 5. IIED 6. Defamation 7. Distribution of Private Sexually Explicit Materials 8. Sexual Discrimination/Harassment 9. Unruh Civil Rights Act Status Conference is set for 2/5/18. ANALYSIS <0057004c00520051000300 0048> Defendant Covina-Valley Unified Schoo...

Excerpt: ...ponses a demand for inspection if a response incomplete, evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP 2031.310(b).) Plaintiff requests an appraisal of the real property that is at the center of this fraudulent transfer action. Defendant contends that the appraiser can make an external inspection, but Defendant objects to an internal inspection ba...

Excerpt: ... to amend is requested, and will require an offer of proof if so. Defendants The REO Group, Inc. (“REO”) and Perry Cooper (“Cooper”) demur, per CCP § 430.10(e)&(f), to the first through fourteenth causes of action in Plaintiff Edward J. Evans' complaint, on the basis that they each fail to state facts sufficient to constitute causes of action and are uncertain. FIRST CAUSE OF ACTION (FINANCIAL ELDER ABUSE): “'Financial abuse' of an eld...

Excerpt: ...residency law. The complaint was filed 8/1/17. The First Amended Complaint, filed 9/5/17, asserts causes of action against City and Does 1-100 for: 1. Declaratory and Injunctive Relief re Vacancy Control 2. Violation of California Constitution, Article I, § 7, subd. (a) 3. Violation of Constitutional Right to a Fair Return on Investment 4. Declaratory Relief and Damages for the Impairment of Plaintiff's Vested Rights 5. Denial of Equal Protectio...