Excerpt: ...Casino's demurrer is SUSTAINED in part, OVERRULED in part: - Defendant's demurrer is OVERRULED as to the seventh and eighth causes of action. - Defendant's demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the ninth cause of action. Secure Stone's demurrer is SUSTAINED in part, OVERRULED in part: - Defendant's demurrer is OVERRULED as to the seventh cause of action. - Defendant's demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND as to the ninth cau...

Excerpt: ... the fourth cause of action for fraud, the fifth cause of action for intentional misrepresentation, and the sixth cause of action for negligent misrepresentation, the eighth cause of action for conversion, and the ninth causes of action for theft is SUSTAINED with leave to amend on the grounds that they are barred by the applicable statute of limitations. Defendant's demurrer as to the fourth cause of action for fraud, the fifth cause of action f...

Excerpt: ... Plaintiff holds free and clear title to the Property and an order should be issued to establish that fact in the public land records, effective as of the commencement of this lawsuit.” (Id., ¶ 15.) Little else is pled. The Court grants Defendant's Request for Judicial Notice (“RJN”) pursuant to Evidence Code § 452. Plaintiff's Opposition to the RJN is largely unintelligible and unavailing. For instance, Plaintiff states without further e...

Excerpt: ...ust 17, 2017. On that date, there being no appearances, the Court ordered the case dismissed. Legal Standard: CCP § 473(b) states, in part: 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, inadvertence, <004a000300470048004900 00480055004800470003[by the clerk against his or her c...

Excerpt: ...imited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (CCP § 92(d).) A motion to strike is used to address defects that appear on the face of a pleading or from judicially noticed matter but that are not grounds for a demurrer. (Pierson v Sharp Memorial Hospital (1989) 216 Cal.App.3d 340, 342; see also City & County of San Francisco v St...

Excerpt: ...cation of an action within the time allowed for that party to amend the initial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court h...

Excerpt: ...September 9. Defendant filed an answer on October 3, 2017. Plaintiff filed a case management statement on May 16, 2017. Request for Judicial Notice Defendant requests judicial notice of (A) the Court's docket in this matter; (B) proof of service of the Complaint; (C) excerpt from June 15, 2006 report by the Administrative Office of the Courts to the Judicial Council regarding the Reorganization of the California Rules of Court; (D) California Rul...

Excerpt: ...ce and declaratory relief. Legal Standard CCP section 428.10 states in relevant part: A party against whom a cause of action has been asserted in a complaint or cross- complaint may file a cross-complaint setting forth either or both of the following: <00030057004b0048000300 005a004b005200030049[iled the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an act...

Excerpt: ...ranting Defendants' separate Motions to Strike under CCP § 425.16 (anti-SLAPP statute), the Court entered judgment in favor of Defendants on July 15, 2015. On August 7, 2015, Plaintiff filed a Notice of Appeal. On October 19, 2017, the court clerk entered a Remittitur from the Court of Appeals affirming the judgment. On November 16, 2017, Citibank filed a motion for award of attorney's fees on appeal, requesting $11,055. The Court granted the mo...

Excerpt: ...��Villanueva”); and Alliance United Insurance Company, Inc. (“Alliance Insurance”) for (1) motor vehicle negligence; (2) general negligence; (3) fraud; and (4) intentional tort. On November 17, 2017, Defendants Padilla, Villanueva, and Alliance Insurance filed a demurrer to complaint and motion to strike. On December 19, 2017, the Court sustained the demurrers to the first, second, and third causes of action with leave to amend, and sustain...

Excerpt: ...the lien within 90 days after recordation of the lien. Id. at ¶¶ 8--10. Plaintiff Jason May is a general contractor and is the managing partner of IGBI, a limited liability corporation. May signed the complaint. Compl. at p. 5. DISCUSSION I. Motions to Strike Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. C.C.P. § 435(b)(1); Cal. Rules of Court, Rule 3....

Excerpt: ...quest is GRANTED pursuant to Evid. Code §§451 and 452. 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, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be tr...

Excerpt: ...the instant action on February 5, 2016. Plaintiff alleges generally that he sought to obtain refinancing for certain property from Defendant PennyMac Loan Services, LLC, but was mistreated due to his age. On August 1, 2016, the Court sustained the demurrer to complaint in its entirety, granting leave to amend only as to the cause of action for age discrimination under the Fair Housing Act (“FHA”). Plaintiff filed a First Amended Complaint (�...

Excerpt: ...he contacted Defendant Lee to fix the issues. (Id. ¶ 8.) Plaintiff alleges that each time she requested maintenance, Defendant would delay or not make repairs. (Id. ¶ 9.) After multiple incidents of leakage of toilets, irrigation systems and sinks, Plaintiff claims she discovered mold and fungus. (Id. ¶ 18.) Plaintiff alleges her daughter experienced coughing and chest pain due to the fungus. (Id. ¶ 19.) Plaintiff filed suit against Defendant...