Excerpt: ...urrer to the First Amended Complaint (“FAC”) for lack of standing. On January 17, 2018, after having taken the matter under submission, the Court sustained Costco's Demurrer to the Second Amended Complaint (“SAC”) without leave to amend. On January 30, 2018, Costco filed the instant Motion for Attorney's Fees. On February 02, 2018, Plaintiff filed the instant Motion for Reconsideration, arguing it should have been granted leave to amend. ...

Excerpt: ...intiff filed her First Amended Complaint (the “October 5, 2016 FAC”). On March 1, 2017, the Court sustained Defendants' Demurrer to the October 5, 2016 FAC in its entirety with 30 days' leave to amend (the “March 1, 2017Ruling”). On April 3, 2017, Plaintiff filed another complaint with the same name as the complaint before, “First Amended Complaint” (the “April 3, 2017 FAC”). On November 2, 2017, Defendants filed Motion for Judgme...

Excerpt: ...d tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” CCP § 877.6(a)(1). Plaintiff has sued moving party and Indigo. Indigo was personally served with the complaint on 12/11/17 and with the cross-complaint on 10/20/17. Indigo has not appeared. Indigo was mail-served with a courtesy copy of this motion on 1/23/18. No non-settling defendant has objected to the settlement. In this situation, ...

Excerpt: ...�). On September 13, 2017, this Court granted Plaintiff's Motion for Assignment Order in connection with its effort to enforce the outstanding judgment. <0003004900520055000300 00b60056000300290048[es and Costs (the “Motion”), <001400180003004c005100 00070018000f00130013[5.15 total). As of March 2, 2017, no opposition or reply has been filed. Request for Judicial Notice “Judicial notice may not be taken of any matter unless authorized or re...

Excerpt: ...action on that contract. (See Civ. Code §1717.) The fee setting inquiry in California ordinarily begins with the “lodestar” method, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. A computation of time spent on a case and the reasonable value of that time is fundamental to a determination of an appropriate attorneys' fee award. The lodestar figure may then be adjusted, based on consideration of factors...

Excerpt: ...ng five causes of action for (1) breach of contract, (2) common counts, (3) fraud, (4) fraud (again), (5) general negligence, and (6) intentional tort. On January 24, 2018, Defendant filed a Demurrer to and Motion to Strike the Complaint. On February 27, 2018, Defendant filed a reply, and Plaintiff filed a Request for Extension. Meet and Confer Pursuant to CCP § 430.41(a), “[b]efore filing a demurrer pursuant to this chapter, the demurring par...

Excerpt: ...emurrer to the Complaint for failure to allege a statutory liability against Defendant and to allege sufficient facts with particularity so as to satisfy every fact essential to the existence of the statutory liability. On September 8, 2017, Plaintiff filed a First Amended Complaint (the “FAC”), asserting one <0024002600030044004f00 0044005700030057004b[e Los Angeles Police Department (“LAPD”), an agency of Defendant, executed a search wa...

Excerpt: ...ntiff filed an amended complaint, on January 26, 2018, and a second amended complaint, February 8, 2018. The Plaintiff has not filed proof of timely service on defendant for either of the amended complaints he filed. Therefore, the Court cannot consider these amended complaints as properly filed and served. Overview of Relevant Law A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, r...

Excerpt: ...eding may make an oral or written motion to disqualify the assigned judge, commissioner or referee, supported by an affidavit to the effect the judge is prejudiced against such party or attorney or the interest thereof so that the client cannot or believes he cannot obtain an impartial trial. There are strict statutory limits on the timing and the number of such motions which may be filed; however, if the motion is timely and in proper form, imme...

Excerpt: ...04f00 0057000300160015001a[2 East Gage Avenue, Huntington Park, California. Plaintiff alleged that he went to the shopping center in October 2012, but that Plaintiff did not have full and equal access to the shopping center because there was not a handicap-accessible parking. The parties entered into settlement negotiations, and on October 31, 2017, the parties finalized a settlement agreement, which provided that Defendants were to pay $4,000 in...

Excerpt: ...laintiff's counsel on November 3, 2016, as well as the dates Defendant substituted in as Plaintiff's counsel. Defendant's Request is GRANTED pursuant to Evid. Code §452. Discussion 1st Cause of Action as to Breach of Contract Defendant's first ground for the demurrer is that the cause of action is uncertain. Demurrers on grounds of uncertainty of the complaint are special demurrers. (See Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599, 605.) Specia...

Excerpt: ... December 5, 2017, Defendants filed a Demurrer to the Complaint. On November 28, 2017, Plaintiff filed an opposition. On December 12, 2017, Defendants filed a reply. Meet and Confer Pursuant to CCP § 430.41(a), “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreem...

Excerpt: ...d conditions; cautioned with further detainment upon unruly behavior…under duress.” (Complaint, p. 2.) CCP §425.10 provides that a complaint shall contain “[a] statement of the facts constituting the cause of action, in ordinary and concise language.” Further, the complaint should “contain sufficient facts to apprise the defendant of the basis upon which the plaintiff is seeking relief.” (Perkins v. Superior Court (1981) 117 Cal.App....

Excerpt: ...Notice is GRANTED pursuant to Evid. Code §452(c). Discussion 1st Cause of Action for Partition Defendant Felix Frank Gonzalez as Trustee of the Felix Durazo Gonzalez Revocable Trust dated January 12, 2000 demurs to Plaintiff's Complaint on grounds that the Complaint fails to state facts to constitute a cause of action against Defendant. (CCP §430.10 (e).) Moving Defendant specifically avers that the Complaint on its face confirms that Plaintiff...

Excerpt: ...ia state court based solely under Unruh. It was transferred to limited jurisdiction on November 3, 2016. On May 12, 2016, Plaintiff served her offer to compromise under C.C.P. § 998 for $3,999 plus costs under C.C.P. § 1032 and attorneys' fees allowed by law. Defendant rejected the offer. Defendant made an offer under C.C.P. § 998 for $5,000, including costs and attorneys' fees on May 26, 2016. Plaintiff rejected that offer. Plaintiff filed a ...

Excerpt: ...ed, only one filing fee was paid. Defendant is ordered to pay two additional filing fees and bring proof of payment to court on the day of hearing. If the additional fees are not paid, this motion will be continued so that payment may be made. On April 17, 2017, Defendant served its Request for Production of Documents, Form Interrogatories, and Special Interrogatories on Plaintiff. (Schneider Decl. ¶ 2, Exhs. A, B, C.) Plaintiff has failed to se...

Excerpt: ...the action.” Additionally, California Labor Code Section 1194(a) provides that “[n]otwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney's fees, and cos...

Excerpt: ...Complaint dated January 23, 2017. (Exhibit A.) 2. Plaintiff's Motion to Deem Admissions dated July 14, 2017. (Exhibit B.) 3. Court's Ruling and Minute Order granting Plaintiff's Motion to Deem Admissions on October 12, 2017. (Exhibit C.) Plaintiff's Request if GRANTED pursuant to Evidence Code §§451 and 452. Overview of Relevant Law The objection that a complaint does not state facts sufficient to constitute a cause of action is normally raised...

Excerpt: ...nd Indemnity Agreement (the “Agreement”) on December 17, 2012, where Plaintiff provided a Contractors License Bond, No. 100211925 (the “Bond”), naming Structural Concrete Construction, Inc. (“SCCI”) as the principal and Plaintiff as surety. (Compl. ¶¶ 3, 5.) Plaintiff allegedly fulfilled its obligation and incurred $10,499.94 in damages under the Bond and now seek to recover the damages plus costs and attorney's fees from Defendant....

Excerpt: ...ion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) Counsel declares that he is seeking relieved based on a confidential reason. (Form MC-052 No. 2.) Because Counsel fails to provide to the Court a reason he is seeking relieved as counsel in the declaration, the Court cannot determine whether the reason is a proper basis for seeking relieved. An...

Excerpt: ...“Motion”), arguing that the dismissal was a result of his counsel's mistake, inadvertence, surprise, and neglect. Legal Standard CCP § 473(b) states in pertinent part: “Notwithstanding any other requirements of this section, the court 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, i...

Excerpt: ...o per, a Motion to Vacate the Judgment. On February 20, 2018, Plaintiff filed its opposition. As of February 28, 2018, no reply has been filed. Discussion A. Plaintiff's Objections to Defendant's Evidence Defendant submits Exhibit “B” in support of his Motion, which he describes as: “[p]roves that the bank placed the property on the market for sale.” (January 17, 2018 Proof of Service, p. 3, Exh. B.) Plaintiff objects to Exhibit “B” f...

Excerpt: ...o., Inc. (“Petitioner”) filed a Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondents Khati Brothers Investments Inc. (“KBI”) and Evan Khati (“Respondents”). As of March 1, 2018, no opposition or reply has been filed. Discussion A. Service of Petition and Notice of Hearing Under CCP § 1290.4 CCP § 1290.4 states in pertinent part: “(a) A copy of the petition and a written notice of the time and ...

Excerpt: ...notifying Defendant that a conference was set to take place on February 7, 2017. Defendant attended the conference on February 7, 2017, wherein Mina Li signed a settlement agreement settling the matter for $8,000.00 on behalf of Defendant. The settlement agreement provided that, in the event of default of payment, the parties authorized the Labor Commissioner to issue an Order, Decision or Award by Settlement (“ODAS”) directing Defendant to p...

Excerpt: ...On January 29, 2018, Defendant filed a Motion to Strike Portions of the Complaint. As of February 26, 2018, no opposition or reply has been filed. Discussion “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (CCP § 437(a).) CCP § 435.5(a) states in pertinent part: “Before filing a motion to strike pursuant to this chapter, the...