Excerpt: ... the Unruh Civil Rights Act; and (2) violation of the California Disabled Persons Act. On February 22, 2023, Defendant filed this demurrer, arguing that the Complaint does not state sufficient facts to constitute a cause of action and the pleading is uncertain. 2. Demurrer a. Meet and Confer CCP section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone ...

Excerpt: ...Butler, Eliza B. Cruz Herrera, Bonita Express, Inc., Fortia Enterprises, Inc., Meraki C.J. Group, LLC, Empire JS Logistics, LLC, Elosa Logistics Corp., JT Truck & Equipment Sales, Inc., Unstoppable Empire, Inc., Roadrunner Truck Sales, Inc., H.E.R. Trucking, Inc., Huntington National Bank, U.S. Bank National Association, Banner Bank, Continental Bank, Paccar Financial Corp., Steve Gordon, and the State of California Department of Motor Vehicles. ...

Excerpt: ...s three causes of action: (1) Quiet Title, (2) Equitable Relief – Good Faith Improver of Real Property, and (3) Common Counts. At the Case Management Conference, it was agreed that Plaintiff would have leave to file the FAC but that the demurrer would stay on calendar so that there could be a resolution of the statute of limitations defense asserted by Defendant. (Plaintiff's Opposition p. 1 fn. 1.) On June 6, 2023, the Court held a hearing for...

Excerpt: ...is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc. § 430.41 subd. (a).) Here, moving Defendant has not filed a meet and confer declaration. However, the Court proceeds to the merits. b. Legal Standard on Demurrer A demurrer tests the sufficiency of the pleading at issue as a matter of law. (City of Chula Vista v. County of S...

Excerpt: ... and breach of contract causes of action pending. 2. Motion for Summary Judgment a. Legal Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of t...

Excerpt: ...l defendants filed a separate demurrer, but the two demurrers raise the same arguments, and will be ruled on together. Defendants argue the complaint is defective because (a) there is no three-day notice to quit attached to the complaint, and (b) they wish to work out a payment plan with Plaintiff and become current on their rent. c. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It rais...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...endant to file a responsive pleading within five days. Defendant appealed the ruling on the motion to quash, and the appeal was ultimately dismissed. On 5/23/23, the Court permitted Plaintiff to re-file the action as an unlimited civil action, and on 5/24/23, Plaintiff filed the operative First Amended Complaint. On 6/12/23, Defendant filed a demurrer to the FAC, which is set for hearing today. 2. Demurrer a. Legal Standard on Demurrer A demurrer...

Excerpt: ...' complaint. TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. BACKGROUND On 7/14/19, Plaintiffs allegedly purchased a vehicle manufactured by nonmoving defendant Ford Motor Company (“FMC”), and now bring this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.), alleging that defects and nonconformities manifested themselves during the warranty period. (Compl. ¶¶ 15–17.) Plaintiffs prese...

Excerpt: ...740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) 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 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matte...

Excerpt: ...d 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. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) 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...

Excerpt: ...0/month, but would be granted an interest in IEC's eventual sale proceeds in the range of 10% to 20% of the total sale price. Snyder told Plaintiff they would negotiate the exact amount near the time of the sale. Plaintiff alleges he successfully grew the business, and in late 2006, Snyder sought a buyer for IEC. There was an interested buyer, but Snyder decided not to sell. Snyder asked Plaintiff to be patient, as the value was increasing. Snyde...

Excerpt: ...aint on 7/22/22, and the case is set for trial on 7/31/23. 2. Motion to Compel Further Responses a. Procedural History of Motion Plaintiff propounded RPDs on Defendant on 12/16/22. Defendant served responses on 1/31/23. The parties met and conferred, and Defendant served further responses on 4/05/23. On 5/03/23, Plaintiff filed this motion. b. Initial Note While Plaintiff did meet and confer after receiving initial responses, she did not meet and...

Excerpt: ...Plaintiff alleges Defendant has failed to make the final payment of $400,000.00 and to take on the obligations of the business, including equipment leases, vendor contracts, office leases, and utilities. Plaintiff filed the operative Second Amended Complaint (“SAC”) on 9/15/22, asserting causes of action for: 1. Breach of Written Contract 2. Fraud On 2/23/23, the Court sustained Defendant's demurrer to the fraud cause of action without leave ...

Excerpt: ...dent at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. On 11/03/20, VCC filed a cross-complaint against the Stacys defendants for indemnification and related claims. Nota...

Excerpt: ...d the operative Second Amended Complaint (“SAC”). Plaintiff alleges that her daughter, Marlee Sage Butler (“Marlee”) was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On July 15, Marlee stopped breathing and became unresponsive and required intubation. On July 18, 2020, after two tests for brain death were performed, Marlee was pronounced dead. The SAC includes causes of action for w...

Excerpt: ...dants about parking and use of a garage on the property, and (c) Heacock assaulted her in connection with one of these disputes. On 11/02/21, the Court heard Defendants' demurrers and motions to strike directed at the FAC. The Court sustained and granted the pleading challenges in part, and ordered Plaintiff to file an SAC. Plaintiff filed her SAC on 11/19/21. On 6/23/22, the Court heard Defendants' demurrers and motions to strike directed at the...

Excerpt: ...re are three issues presented by way of the motion to strike costs. The first issue is whether Plaintiff should be awarded costs associated with the deposition of non-party dealer Buick Cadillac GMC's PMK. The second issue is whether Plaintiff should be awarded costs associated with Plaintiff's discovery motions. The third issue is whether Plaintiff should be awarded attorneys' fees in connection with opposing this motion. b. Deposition Plaintiff...

Excerpt: ...ideration Plaintiffs contend this motion is an improper motion for reconsideration because Defendants have raised the issue previously and their argument has been rejected. The Court reviewed its prior rulings and finds it has never directly addressed the specific argument raised by way of Defendants' pending motions for judgment on the pleadings. The Court will therefore consider the motions on the merits. 4. Analysis a. Prior Ruling on Motion i...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...tance Account Act. Plaintiffs filed their complaint on 3/03/20, and Defendants filed an answer on 10/07/20. Plaintiffs' complaint includes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. Defendants have cross-complained against, among others, R.R. Street & Co., Inc., contending it is responsible in whole or in part for the subject contamination. There are multiple cross-co...

Excerpt: ...s a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by his insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendant's insurance, but as of March of 2018, Plaintiffs understood Defendant's insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendant directly, but did not receive any written respons...

Excerpt: ...Penal Code §496(c). 2. Demurrer Defendant demurs to the FAC, contending the contract was reduced to a family law judgment, which renders the contract unenforceable and also divests this court of jurisdiction over the dispute, leaving jurisdiction solely with the family law court. The parties do not dispute the basic law in this regard. Pursuant to Marriage of Corona (2009) 172 Cal.App.4 th 120, 130, as well as myriad other cases, when two partie...

Excerpt: ...itution of attorney, pursuant to which Singh commenced representing himself. 2. Ex Parte Application On 4/28/23, Bansal filed an ex parte application to remove all liens and levy and stay further collections of judgment, contending the judgment has been satisfied in full and all such liens and levies are inappropriate, but remain attached to his property. The Court, Honorable Michael P. Vicencia presiding, denied the ex parte application without ...