Excerpt: ...osition was filed. ANALYSIS I. Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. Donabedian v. Mercury Ins. Co. (2004) 116 <0003002500480049005200 0003000b0037004b0048...

Excerpt: ...onfirm the arbitration award is GRANTED. BACKGROUND <004c004600030031004400 0047004c004400030035[ights, LLC (“Plaintiff” or “PNMR”) filed the Complaint against Defendants Rodney Sampson (“Sampson”), an individual as trustee of the G.L. Trust (collectively with Sampson known as “GLT”), Sycamore Entertainment Group, Inc. (“SEGI”), and Does 1 through 25 for (1) breach of contract (term sheet)[1]; (2) breach of contract (operating...

Excerpt: ...uling: The motion of David K. Dorenfeld and Michael W. Brown of Dorenfeldlaw, Inc. to be relieved as counsel of record for Defendants/Cross-Complainants John C. Lukes and Kathryn A. Lukes is GRANTED. Counsel is relieved as counsel of record effective upon the filing of the proof of service of the Judicial Council order form upon the client. <0003004700440057004800 004c0051005800480047> from November 05, 2018 to March 4, 2019, 9:30 a.m. and the Fi...

Excerpt: ...d Complaint is GRANTED. The First Amended Complaint must be filed and served within 10 court days of this order. Plaintiffs move for an order permitting amendment to the Complaint and the filing of the Proposed First Amended Complaint (“PFAC”). Plaintiffs move on the grounds they recently discovered that on July 21, 2017 Defendants transferred 2351 Mount Olympus via gift deed to Mount Management, Inc. and that Defendants' daughter, Caroline D...

Excerpt: ... Blue Cross of California d/b/a Anthem Blue Cross and Anthem Blue Cross and Health Insurance Company's demurrer to the First Amended Complaint is OVERRULED as to the First, Third, Fourth, and Fifth Causes of Action. <0003005200490003002600 00440003004700120045[/a Anthem Blue Cross and Anthem Blue Cross and Health Insurance Company's demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the Second and Sixth Causes of Ac...

Excerpt: ...nt is OVERRULED as to the First, Third, Fourth, Fifth, and Seventh Causes of Action. Answer to First Amended Compliant must be filed 10 days from the date of this ruling. I. Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. The only issue involved in a demurrer hearing is whether ...

Excerpt: ... ruling. Lalji and Burga (collectively “Defendants”) demur to the First Amended Complaint (FAC) and the First, Second, and Third Causes of Action on the grounds Plaintiff fails to allege sufficient facts to constitute the claims asserted and that Defendants did not owe Plaintiff any fiduciary duties and Plaintiff only alleges that Defendants could potentially become shareholders. Plaintiff argues the demurrer is barred by CCP § 430.41(b) and...

Excerpt: ...03> GRANTED. BACKGROUND On November 13, 2017 Plaintiff Cristina Elizabeth Dominguez (“Cristina”), individually and as successor-in-interest to Decedent Jose Manuel Dominguez (“Jose” or “Decedent”), and as guardian ad litem of her minor children Fabiola Elizabeth Dominguez (“Fabiola”), Manuel Alexander Dominguez (“Manuel”), Diego Jared Dominguez (“Diego”), and Minerva Zuleth Dominguez (“Minerva”) filed the Complaint aga...