Excerpt: ...clerk to transmit a copy of the demurrer to Petitioner along with the court's written tentative decision. The court's tentative decision of December 4, 2019 is set forth below. Since December 4, 2019, the court has received no opposition to the demurrer or any correspondence. The court has received filings and correspondence from Petitioner in the past. With no written opposition, the court's tentative remains as it was on December 4, 2019. It is...

Excerpt: ...r a writ of possession by filing a written application for the writ with the court in which the action is brought.” (Code Civ. Proc. § 512.010, subd. (a).) Pursuant to Code of Civil Procedure section 512.010, subdivision (b), the application must be submitted under oath and include: “(1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's cl...

Excerpt: ...it of possession by filing a written application for the writ with the court in which the action is brought.” (Code Civ. Proc. § 512.010, subd. (a).) Pursuant to Code of Civil Procedure section 512.010, subd. (b), the application must be submitted under oath and include: “(1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a wri...

Excerpt: ...) The demurrer is sustained with leave to amend. Respondent's request for judicial notice (RJN) of Exhibits 1‐2 is denied as these exhibits are not the matters of which the court may take judicial notice. (Evid. Code § 452.) Taking judicial notice of such documents would essentially convert this demurrer to a motion for summary judgment. STANDARD OF REVIEW A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appe...

Excerpt: ...Inc. (Regency) to deliver possession of all monies received from third‐ party advertisers and any books of account reflecting the same to the receiver; and (3) injunctive relief to require the City and Regency to disclose any potential purchaser of Regency (or any of its assets) and funds from any such sale be delivered to the receiver to satisfy the alleged $7,000,000 debt owed by Regency to the City.[1] The City and Regency separately oppose ...

Excerpt: ...evailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032, subd. (b).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (Code Civ. Proc. § 1033.5, subd. (c)(2).) “If items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their pr...