Excerpt: ...emurrer with Motion to Strike Demurrer is sustained without leave to amend as to the second count of the Negligence cause of action, and sustained with leave to amend as to the Trespass to Chattels cause of action. Motion to strike is denied. I. Demurrer Relevant Law 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. ...

Excerpt: ... to the second cause of action. Motion to strike is denied. I. Demurrer Request for Judicial Notice Defendant requests judicial notice of five webpages from Taco Bell's website. The requests are denied as not a proper subject of judicial notice. Defendant requests judicial notice of two Terms and Conditions documents. The requests are denied. The terms and conditions documents are not recorded documents, nor are they on a government website. Ther...

Excerpt: ...ies' Motion to Quash Service of Summons is granted. Requests for Judicial Notice Specially Appearing Defendant and Defendants' Request for Judicial Notice Specially Appearing Defendant and Defendants request judicial notice of FDA's premarket approval of a defibrillation system incorporating the Riata STS Optim Model 7120Q lead, as memorialized in: (1) the notice of Premarket Approval (Jan. 13, 2009) attached as Exhibit A to the Declaration of An...

Excerpt: ... Complaint Demurrer is sustained with leave to amend. Timely Filing A party may demur to a complaint or cross-complaint filed against them on grounds that the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e); see Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) “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 Calif...

Excerpt: ...consider the demurrer after this period. (Code Civ. Proc., § 473(a)(1).) On December 2, 2019, counsel for General Motors, LLC (“GM”) filed a declaration attesting that Plaintiff's counsel's office granted the extension of deadline to file a responsive pleading to December 2, 2019, and that the parties have not been able to meet and confer by the date for a responsive pleading. Defendant was thus entitled to the 30-day extension to file a res...

Excerpt: ...ses is denied as to Requests No. 7, 13, 17-20, 22, 26-29, 31, 46, and 64-70, and granted in part as to Requests No. 78 and 83. The motion for protective order is continued. The parties are ordered to further meet and confer and to brief the court on whether further meet and confer efforts have resulted in resolution of the issues. I. Motion to Compel Further Responses Evidentiary Objections The court rules as follows on Defendant's objections to ...

Excerpt: ...n. The motion is granted with leave to amend as to the third cause of action. Legal Standard A defendant may move for judgment on the pleadings where the complaint does not state facts sufficient to constitute a cause of action against that defendant. (CCP § 438(c)(1)(B).) A motion for judgment on the pleadings is analogous to a general demurrer. (Lance Camper Mfg. Corp. v. Republic Indemnity Co. of Am. (1996) 44 Cal.App.4th 194, 198.) Like demu...

Excerpt: ...arbitration is granted. Proceedings are stayed pending outcome of the arbitration. Legal Authority “A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.” (CCP § 1281.) When presented with a petition to compel arbitration, the trial court's first task is to determine whether the agreement...

Excerpt: .... Demurrer is sustained with leave to amend as to the fifth and seventh causes of action. Demurrer is sustained without leave to amend as to the eighth cause of action. Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 43...

Excerpt: ...; TIMOTHY THOMPSON, an individual; and DOES 1-10, inclusive, Defendants. Case No.: 20STCV08678 Hearing Date: 2/8/2021 [TENTATIVE] RULING RE: Defendants Cross Creek Media, LLC and Timothy Thompson's Demurrer to the First Amended Complaint; Defendants Cross Creek Releasing Company 1, LLC, Cross Creek Pictures, LLC, and Brian Oliver's Demurrer to the First Amended Complaint Defendants CCM and Thompson's demurrer to the FAC is overruled. Defendants C...

Excerpt: ...e Truck Sales, Inc. and denied against Defendant Sayda Ayala Pinto. Legal Standard A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100). California Rules of Court Rule 3.1800. Per Rule 3.1800(a), a party seeking a default must file various documents with the court including: a brief summary of the case identifying the parties and the nature of plaintiff's ...

Excerpt: ...reinafter referred to as ‘Plaintiff'], a disabled Latino male, over 40, from El Salvador who was employed by Defendant BIONUTRACEUTICALS INC. [hereinafter referred to as ‘EMPLOYER'], as a laborer working in Defendant EMPLOYER's powder room who complained about and protested unsafe work conditions and mistreatment.” (SAC, ¶ 1.) Plaintiff alleges that he “was wrongfully terminated from his employment with Defendant EMPLOYER on or about Jul...

Excerpt: ...cation, originally set for hearing on October 16, 2020. On September 17, 2020, Plaintiff moved ex parte to continue the hearing on the motion. On September 22, 2020, the court denied the ex parte motion, and stated: “Any requests for a continuance by Plaintiff - based on the need for additional discovery - can be raised in the opposition to the motion for summary judgment.” (Minute Order (Sept. 22, 2020).) On October 2, 2020, Plaintiff filed ...

Excerpt: ...tay Defendant Los Robles, Inc. in opposition to this motion requests without authority for the court to stay the matter pending appeal of the judgment. Generally, the award of attorney's fees is a collateral matter to the judgment now on appeal. (Serrano v. Unruh (1982) 32 Cal.3d 621, 637.) Without adequate authority or argument in support on the issue, the court proceeds to the merits of the motion. Notice The moving papers were timely and prope...

Excerpt: ...ate: 2/4/2021 [TENTATIVE] RULING RE: Demurrer with Motion to Strike Demurrer is overruled. Motion to strike is granted with leave to amend. I. Demurrer Relevant Law 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 e...

Excerpt: ... DOES 1-50, inclusive, Defendants. Case No.: 18STCV07476 Hearing Date: 2/3/2021 [TENTATIVE] RULING RE: (1) Demurrer with Motion to Strike to Second Amended Cross‐ Complaint by M. David Paul and Diane Paul, Co‐ Trustees of the Marcy's Paul Family Trust dated December 1, 1995; (2) Demurrer with Motion to Strike to Second Amended Cross‐Complaint by North American Title Insurance Company. Cross-Defendants M. David Paul and Diane Paul, Co-Truste...

Excerpt: ...e Agency (“Cashmere”) is a marketing company that builds advertising campaigns across various industries, including music, art, sports, and fashion. Plaintiff brought the instant actions against two former employees, Defendants Xavier Ruffin (“Ruffin”) and Ricardo Mendoza (“Mendoza”) (collectively “Defendants”). Plaintiff alleges that Defendants unlawfully used confidential and proprietary information in violation of their employe...

Excerpt: ...rer is sustained with leave to amend as to the sixth cause of action. Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 435.5.) The demurring party must identify the causes of action it believes are subject to demurrer an...

Excerpt: ...anted. 1. Evidentiary Objections Defendant's objections to the declaration of Melanie Rivas are ruled on as follows: SUSTAINED: 5, 8-12, 14-19, 21-34, 41-43. OVERRULED: 1-4, 6-7, 13, 20, 35-40. 2. Request for Judicial Notice Defendant requests the court take judicial notice of three Notices of Ruling attaching three rulings of Los Angeles Superior Court. The unopposed request is granted. (Evid. Code § 452(d).) The court notes that it may take ju...

Excerpt: ...xisting controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.” (CCP § 1281.) When presented with a petition to compel arbitration, the trial court's first task is to determine whether the agreement exists, and, if any defense to enforcement is raised, whether it is enforceable. (Espejo v. Southern California Permanente Medical Group (2016) 246 Ca...

Excerpt: ... of Costs after Judgment filed July 21, 2020 and August 10, 2020. The requests are granted. (CEC § 452(d).) Stay Pending Resolution of Appeals The court previously requested briefing from both parties on whether the instant hearing on the motion to tax costs is to be stayed pending resolution of the appeals in this action. Both parties filed supplemental responses asserting that it does not, on different grounds. Plaintiffs assert it does not pu...

Excerpt: ...nt are stayed pending resolution of Twin Galaxies' appeal of its Special Motion to Strike (anti-SLAPP). Motion for Leave to File Cross-Complaint Defendant Twin Galaxies, Inc. on November 4, 2020 filed this motion for leave to file a cross- complaint pursuant to Code of Civil Procedure, section 426.50, on grounds that the claims are compulsory. On November 13, 2020, Defendant filed a Notice of Appeal, appealing the Order of October 26, 2020, in wh...

Excerpt: ...enied. Timely Filing A motion to set aside must be brought within 6 months; the requirement is jurisdictional. (CCP § 473(b); Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 928; Davis v. Thayer (1980) 113 Cal.App.3d 892, 901 [as used in § 473(b), “six months” means 182 days].) Defendant Thorne timely moved on November 24, 2020 to set aside the default entered against him on May 28, 2020. Legal Standard A trial court ...

Excerpt: ...Motion to strike is MOOT as to the thirteenth cause of action; GRANTED with leave to amend as to punitive damages; DENIED as to interest; and GRANTED IN PART as to attorneys' fees. 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 ...

Excerpt: ...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 Cal. App. 3d 902, 905.) The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action. (Id.) A general demurrer may ...