Excerpt: ...D COMPLAINT Demurrer is sustained with leave to amend. Motion to Strike is moot. I. Demurrer Legal Standard 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. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153...

Excerpt: ...ty is required to meet and confer in person or by telephone with the party who filed the pleading demurred to or the pleading that is subject to the motion to strike for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (CCP §§ 430.41, 435.5.) Defendant has now submitted a declaration attesting to having met and conferred with P...

Excerpt: ...e motion is continued to 06/23/21. Petitioners are to submit amended petitions or supplemental declaration as discussed below, within 10 days of this order. Legal Standard An enforceable settlement of a minor's claim or that of a person lacking the capacity to make decisions can only be consummated with court approval. (Prob. Code. §§ 2504, 3500, 3600 et seq.; CCP § 372; see Pearson v. Sup.Ct. (2012) 202 Cal.App.4th 1333, 1337.) “[T]he prote...

Excerpt: ... 5/25/2021 [TENTATIVE] RULING RE: DEMURRER TO COMPLAINT Demurrer is overruled as to the first and fourth causes of action. Demurrer is sustained with leave to amend as to the second, third, and fifth causes of action. Legal Standard 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. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) ...

Excerpt: ...TION TO STAY PROCEEDINGS The motion is granted. Motion to Stay Proceedings Defendants Ignite International, Ltd. and Ignite International Brands, Ltd. (together “Ignite”) move for an order staying proceedings pursuant to CCP § 916 pending appeal of Defendants' anti-SLAPP motion; or alternatively request the court impose a discretionary stay pending appeal. Plaintiff has opposed. Defendant Ignite has replied. Code of Civil Procedure, Section ...

Excerpt: ...7 Plaintiff Tommy Yrigollen commenced this action against Defendant Irma Hernandez and Does, for: (1) Accounting. (2) Elder Abuse. (3) Breach of Fiduciary Duty. Following several continuances to the Final Status Conference and Trial, Plaintiff filed a Notice of Death indicating the death of Plaintiff Tommy Yrigollen on December 30, 2019. On March 11, 2020, at a Final Status Conference, Counsel informed the court of the death of the Defendant, Irm...

Excerpt: ... to amend. Motion to strike is granted without leave to amend. Meet & Confer Before filing a demurrer or a motion to strike, the demurring or moving party is required to meet and confer with the party who filed the pleading demurred to or the pleading that is subject to the motion to strike for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in ...

Excerpt: ... Responses to Request for Production of Documents; (3) Motion to Compel Further Responses to Special Interrogatories. The motions are each denied. Motions to Compel Further Responses Defendant previously brought four motions to compel further responses related to the discovery here in question: Form Interrogatories (Employment) Set One; Form Interrogatories (General) Set One; Requests for Production of Documents, Set One; and Special Interrogator...

Excerpt: ...tively, Adjudication The motion for summary judgment, alternatively, adjudication is denied. Defendant's Objections to Evidence Defendant's objections to Plaintiff's evidence are ruled on as follows: Sustained: Nos. 5, 8-10, 20-22, 25, 34. Overruled: Nos. 1-4, 6-7, 11-19, 23-24, 26-33. Legal Standard In reviewing a motion for summary judgment, courts employ a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine w...

Excerpt: ...5/11/2021 [TENTATIVE] RULING RE: Motion to Strike – to First Amended Complaint The motion to strike is granted with 20 days leave to amend. Timely Filing A defendant may file a motion to strike to a complaint within 30 days after service of the complaint. (CCP § 435(b)(1).) Plaintiffs filed and served the First Amended Complaint on March 23, 2021, and Moving Defendants timely filed this motion to strike on March 29, 2021. Meet & Confer Before ...

Excerpt: ...emurrer is sustained with 20 days leave to amend as to the third cause of action; and overruled as to the sixth, seventh, eighth, and eleventh causes of action. Motion to Strike is denied in part and granted in part with leave to amend. Meet & Confer Before filing a demurrer or a motion to strike, the demurring or moving party is required to meet and confer with the party who filed the pleading demurred to or the pleading that is subject to the m...

Excerpt: ... pending the resolution of Defendant Life Spectacular, Inc.'s Appeal to the court's order on its Special Motion to Strike (anti-SLAPP). Timely Filing A party may demur to the complaint within 30 days after service, unless extended by stipulation or court order. (CCP § 430.40(a).) The court has discretion to consider an untimely demurrer. (See Jackson v. Doe (2011) 192 Cal.App.4th 742, 749.) Plaintiff has filed proofs of service of the Complaint ...

Excerpt: ...ponses to Form Interrogatories, Set One; Special Interrogatories, Set One; Requests for Production of Documents, Set One The Motion to Compel Further Responses to Form Interrogatories, Set One, is granted. Sanctions are awarded in the amount of $1,600. The Motion to Compel Further Responses to Special Interrogatories, Set One, is moot. Sanctions are awarded in the amount of $1,200. The Motion to Compel Further Responses to Requests for Production...

Excerpt: ...e reduced sum of $2,046.41. Discussion Moving Defendants Vicki Bayard Petersen, Linda Solberg Kirksey, and Irene D. Levett (“Moving Defendants”) move for an award of attorney's fees pursuant to Civil Code § 1717 and California Rules of Court, Rule 3.1702, of $66,176.50 and costs of $2,062.70. The amount includes an anticipated $3,475 for preparing the instant motion, reviewing opposition, preparing reply, and appearing at the hearing, as wel...

Excerpt: ...Cunnane, Psy.D.'s demurrer is sustained with leave to amend. The motion to strike is moot. Defendant Soultenders, Inc.'s demurrer is sustained with leave to amend. Meet & Confer Before filing a demurrer or a motion to strike, the demurring or moving party is required to meet and confer with the party who filed the pleading demurred to or the pleading that is subject to the motion to strike for the purposes of determining whether an agreement can ...

Excerpt: ...emurrer is overruled as to the fourth and fifth causes of action. Legal Standard “A complaint is vulnerable to a general demurrer on the ground that it fails to state a cause of action.” (Schauer v. Mandarin Gems of California, Inc. (2005) 125 Cal.App.4th 949, 955.) “A general demurrer will [also] lie where the complaint ‘has included allegations that clearly disclose some defense or bar to recovery.' [Citations].” (Holiday Matinee, Inc...

Excerpt: ...s' Objections to Defendant's Evidence Judgment Creditors Kyle Madison and Marjan Madison (“Judgment Creditors”)'s objections to evidence are each OVERRULED. Discussion Judgment Debtor moves for an order confirming that the portion of the Judgment relating to the dissolution and liquidation of Casa W, LLC, including the sale of its Mexican property asset, is subject to the automatic stay under Code of Civil Procedure, section 916; or, alternat...

Excerpt: ... causes of action. Demurrer is sustained with leave to amend as to the second, third, fourth, and fifth causes of action. Motion to Strike is granted in part and denied in part. I. Demurrer Request for Judicial Notice Defendants request judicial notice of several recorded documents. (RJN Nos. 1-5, 8.) The unopposed requests are granted. (Evid. Code § 452(h); Jenkins v. JPMorgan Chase Bank, N.A. (2013) 216 Cal.App.4th 497, 536, as modified (June ...

Excerpt: ...rties Hersh, Goland & Green and Riley Akopians & MSA CPAs The motions are each granted. Notice Notice of a motion to produce documents in a deposition subpoena requires notice to all parties and the deponent. (CCP § 2025.480(c).) Proof of service of the instant motions shows service by electronic service and personal service on April 2, 2021, on Defendants' prior and current counsel of record; counsel of record for the two accounting firms on wh...

Excerpt: ...ritten below within 10 days. Notice Petitioner Central Valley Administrators, Inc. commenced this petition action on to confirm an arbitration award in the arbitration between Petitioner and Respondents D. Stephen Sorensen and the Sorensen Living Trust, pursuant to an arbitration agreement over two agreements between the parties. A final arbitration award was issued by arbitrator Richard R. Mainland on September 1, 2020. (Foster Decl., ¶ 4, Exh....

Excerpt: ...apers shall be served and filed at least 16 court days before the hearing.” (CCP § 1005(b).) Electronic service extends the notice period by two court days. (CCP § 1010.6(a)(4).) Plaintiff's proof of electronic service of this motion shows Plaintiff served moving papers by electronic service on counsel Daniel DeCarlo, Lewis Brisbois Bisgaard & Smith LLP, by email on March 22, 2021. (Proof of Electronic Service.) Accounting for the two-day ext...

Excerpt: ...arty, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” (CCP § 473(d).) When there has been no valid service of summons, a default judgment violates due process of law, and is void and can be set aside at any time upon a party's motion pursuant to CCP § ...

Excerpt: ...60 in costs. Notice The opposition to this motion was served and filed late on April 7, 2021, for the hearing originally set for hearing on April 16, 2021, which was then continued to April 21, 2021. (CCP § 1005(b).) In light that the motion is fully briefed and a reply was submitted, the court considers the late-filed opposition. Legal Standard Attorneys' fees are recoverable as costs under Code of Civil Procedure section 1032 when authorized b...

Excerpt: ..., inclusive, Defendants. Case No.: 20STCV40399 Hearing Date: 4/21/2021 [TENTATIVE] RULING RE: Demurrer with Motion to Strike to Complaint Demurrer is overruled. Motion to Strike is denied. I. Demurrer Over-Length Memoranda “Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pa...

Excerpt: ...or the hearing on April 20, 2021. (CCP § 1005(b).) In light that the motion is fully briefed and a reply was submitted, the court exercises its discretion to consider the late-filed opposition. Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mista...