Excerpt: ...murrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." (CCP 430.41 (a); see also CCP S 435.5 (imposing similar requirements for a motion to strike)_) Analysis for Meet and Confer Requirement Here, the demurring Pany , Cross-Defendants, has met the meet and confer requirement as outlined in CCP S 430.41 Before bringmg the instant Demurrer: Cross-Defendants sent a m...

Excerpt: ...intiff does not dispute Defendant's contentions that it is unlikely to prevail. Instead, Plaintiff argues that it recently merged with Flixcity Mgmt Inc., which is a California corporation, and therefore Section 1030 does not apply. Plaintiff also argues it lacks the financial ability to post an undertaking, and the bond requested by Defendant is excessive. ORDER Defendant David Loomstein's Motion for an Order Compelling Plaintiff to Post an Unde...

Excerpt: ...nt leave to?amend?the pleadings at any stage of the action. (Code Civ. Proc., § 473, subd. (a).) A party may discover the need to?amend?after all pleadings are completed (the case is “at issue”) and new information requires a?change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial o...

Excerpt: ...s Rosland Capital LLC and Matthew M. Smith's Demurrer to First Amended Complaint is SUSTAINED, with thirty (30) days leave to amend. Plaintiffs may amend their complaint “only as authorized by the court's order” and “may not amend the complaint to add a new cause of action without having obtained permission to do so.” (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Moving parties to give notice. DISCUSSION The FAC In...

Excerpt: ...y to resolve their dispute.” (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judg...

Excerpt: ...ta Monica's Request for a Preliminary Injunction is GRANTED. Defendant Cecil McNab to give notice. REASONING Defendants Brida, LLC and Kathy Golshani's Demurrer to Plaintiff's Second Amended [Complaint] and Motion to Strike All or Portions of Plaintiff's Second Amended Complaint Meet and Confer As an initial matter, the Court notes Defendant Cecil McNab's meet-and-confer efforts were insufficient, as Code of Civil Procedure section 430.41, subdiv...

Excerpt: ...perly determined within the context of Plaintiff Edward Czuker (“Plaintiff”)'s motion to tax costs, as Plaintiff argues Defendant is not entitled to such fees. Thus, the Court begins by considering Plaintiff's motion to tax costs. Motion to Tax Costs Code of Civil Procedure section 1032, subdivision (b), states that “a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” The prevailing party is ...

Excerpt: ...dant for equitable comparative contribution, or partial or comparative indemnity. A settling defendant obtains this immunity by settling in “good faith.” Code of Civil Procedure section 877.6, subdivision (b), provides that the court may determine the good faith of a settlement on the basis of affidavits and counter affidavits or may, in its discretion, receive other evidence at the hearing. Section 877.6 grants the trial court broad discreti...

Excerpt: ...nsel within twenty (20) days of entry of this order. Defendants Edward Czuker and Elissa Czuker to give notice. REASONING Defendants' Motion to Quash Deposition Subpoena for Production of Business Records Defendants Edward Czuker and Elissa Czuker (“Defendants”) move to quash a deposition subpoena for business records served by Plaintiff Homayoun Larian (“Plaintiff”) upon Chris Nelson & Associates, Inc., the entity that served as a litiga...

Excerpt: ...plaint is GRANTED, with twenty (20) days leave to amend. Plaintiff may amend his or her complaint only as authorized by the court's order and may not amend the complaint to add a new cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendants Ian S. Patton, M.F. Property Management, and Mike Froelich to give notice. REASONING “[A] demurrer tests the legal sufficie...

Excerpt: ...v. Proc., § 1285.) “The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Ibid.) The petition must be filed and served no less than ten days and no more than four years after the award is served on the party seeking confirmation. (Code Civ. Proc., §§ 1288, 1288.4.) If a petition is not opposed after being duly filed and served on respondent, its...

Excerpt: ...his order. (Cal. Rules of Court, rule 3.1320(j).) Defendant Cecil McNab to give notice. REASONING Meet and Confer As an initial matter, the Court notes that Defendant Cecil McNab's meet-and-confer efforts were insufficient, as Code of Civil Procedure section 430.41, subdivision (a)(3)(A), and section 435.5, subdivision (a)(3)(A), require stating how the moving party met and conferred with the party who filed the pleading subject to challenge. Def...

Excerpt: ...e Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. (Code Civ. Proc., § 438, subd. (f).) Except as provided by statute, the rules governing demurrers apply. (Civic Partners Stockton, LLC v. Youssefi (2013) 218 Cal.App.4th 1005, 1012.) “Judgment on the pleadings is proper when the complaint does not state facts sufficient to constitute a cause of act...

Excerpt: ....App.4th 1018, 1023.) Defendant Jennika Ingram to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 99...

Excerpt: ...f First Amended Complaint is GRANTED, with twenty (20) days leave to amend. The Court notes that a “[P]laintiff may amend his or her complaint only as authorized by the court's order” and “may not amend the complaint to add a new cause of action without having obtained permission to do so.” (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Moving parties to give notice. REASONING Meet and Confer As an initial matter, t...

Excerpt: ... v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their conte...

Excerpt: ...ay amend his or her complaint only as authorized by the court's order and may not amend the complaint to add a new cause of action without having obtained permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant The Regents of the University of California to give notice. REASONING Request for Judicial Notice Defendant The Regents of the University of California (“Defendant”) requests judicial notice...