Excerpt: ...ritten agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrat e the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. §1281.2...

Excerpt: ...nt. Plaintiff moves for summary judgment in his favor. Defendant's motion for summary judgment is granted. Plaintiff's motion for summary judgment is denied This case arises from Plaintiff's employment with Defendant City of Compton, originally as the City Attorney. (Compl. ¶¶ 8 -10.) Plaintiff transitioned to the role of City Manager in July 2019. ( Id. ¶ 14.) Plaintiff alleges that in February 2021, after negotiations, Plaintiff and Defendan...

Excerpt: ...ons, or conclusions of law. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank ); C & H Foods Co. v. Hartford Ins. Co . (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” ( Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the sufficiency of a complaint is tested against a general demurrer are well settled. We not only treat the...

Excerpt: ...mplaint of Defendant and Cross -Complainant Sung Ryong Cho dba Mansoo Deungsim. The demurrer is overruled as to the first three causes of action and sustained as to the fourth cause of action with ten (10) days leave to amend. The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts sufficient to constitute a cause of action and it ca...

Excerpt: ... action for negligent interference with prospective economic advantage in the prayer for relief. The motion is granted. California Code of Civil Procedure , Section 436(a) allows a court to strike out any irrelevant, false, or improper matter inserted in any pleading. California Code of Civil Procedure , Section 436(b) allows a court to strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a cour...

Excerpt: ...s Trina Kenney, Rick Kenney, Elijah Kenney, and Jezriel Kenney (“Defendants”) The motion is granted. Attorney's fees in the amount $1,195,516.84 are awarded to Plaintiffs. Civ. Code § 1780(e) provides that “[t]he court shall award court costs and attorney's fees to a prevailing plaintiff in litigation pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court tha t the plaintif...

Excerpt: ...laint was filed on December 10, 2020. The demurrer to the FAC was overruled. Defendant Sion Nobel answered and cross-complained on August 9, 2021; Defendant William Somana LLC answered and cross -complained on August 16, 2021. Defendant/cross- complainant Nobel filed his amended cross -complaint on March 9, 2022; Defendant/Cross -complainant William Somana filed its amended cross -complaint on May 31, 2022. The amended cross-complaints named new ...

Excerpt: ...new facts, circumstances, or law to grant a motion for reconsideration. (See Code Civ. Pro., § 1008, subd. (a); see also Mink v. Super. Ct. (1992) 2 Cal.App.4th 1338, 1342.) “The party seeking reconsideration of an order shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law a re claimed to be shown.” (Code Civ. Pro., § 1008...

Excerpt: ...e) provides that “[t]he court shall award court costs and attorney's fees to a prevailing plaintiff in litigation pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court tha t the plaintiff's prosecution of the action was not in good faith.” “It is well established that the determination of what constitutes reasonable attorney fees is committed to the discretion of the trial ...

Excerpt: ...itration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrat e the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocatio...

Excerpt: ...file a cross -complaint against any of the parties who filed the complaint or cross- complaint against him or her before or at the same time as the answer to the complaint or cross - complaint. (CCP §428.50(a).) Any other cross- complaint may be filed at any time before the court has set a date for trial. (CCP §428.50(b).) Outside of these two time periods, a party may move for leave to file a cross-complaint and “leave may be granted in the ...

Excerpt: ...ny irrelevant, false, or improper matter inserted in any pleading. (CCP § 436, subd. (a).) The court may also strike all or any part of any pleading not d rawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436, subd. (b).) The grounds for a motion to strike are that the pleading has irrelevant, false, or improper matter, or has not been drawn or filed in conformity with laws. (CCP § 436.) Th...

Excerpt: ...to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts sufficient to constitute a cause of action and it cannot be determined how, or in wha t manner, Defendants committed or can be liable for such cause of action. (Code Civ. Proc. §§ 430.10(e) and 430.10(f).) “A demurrer tests the sufficiency of a complaint as a matter of law.” (Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1...

Excerpt: ... from promotion to detective due to discrimination against his disabilities. Plaintiff alleges that he was falsely accused of DUI and arrested because Defendant is aware he takes prescribed medication for prior injuri es and conditions. Defendant allegedly used this as a pretext to block Plaintiff's promotion to detective. Plaintiff was ultimately suspended for 22 days without pay. Upon return, Plaintiff was involuntarily transferred to a differe...

Excerpt: ...lation of the Song-Beverly Act, and (3) claim against dealer bond. The action stems from Plaintiff's purchase of a 2013 Volkswagen Jetta, which Plaintiff alleges was sold to him with undisclosed defects. On December 12, 2023, Defendants filed the instant motion to compel arbitration. Plaintiff has not filed an opposition. LEGAL STANDARD The Federal Arbitration Act (“FAA”) states that “[a] written provision in any . . . contract evidencing a...

Excerpt: ...all earned wages and violations of the Ralph Civil Rights Act. On September 29, 2022, Plaintiff filed a motion to compel the deposition of nonparty Jeehyun Yum. The motion was denied on February 21, 2023 on the grounds that the motion was not personally served. On April 26, 2023, Plaintiff filed another motion to compel the deposition of Jeehyun Yum, this time personally served. The case was subsequently reassigned to this Court, and the motion w...

Excerpt: ...e Kyung Chang, The H Realty, and Christina Kwon. Multiple causes of action are pleaded against Defendants. On January 2, 2024, Defendants LNP Everland, Inc., Eui S. Chang, H Realty, and Christina Kwon filed their Answer to the Complaint. On January 5, 2024, Defendant Emotional Health Association filed its Answer to the Complaint. On February 1, 2024, Defendant LNP Everland, Inc. filed its Motion to Compel Deposition. In support of its Motion, Def...

Excerpt: ...ction and otherwise overruled. The motion to strike is granted in part and denied in part. A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirada (2007) 147 Cal.App.4th 740, 747.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, the defects must be apparent on the face of the pleading or via proper judicial notice. (Code Civ. Proc., §§ 430.30, 430.70; Don...

Excerpt: ... against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) This relief is available to a party as a matter of form provided that the party, “no more than six months after entry of judgment, [] in proper form, and [] accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surpris e, or neglect, [makes a motion to] vacate […] [the] de...

Excerpt: ...will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318 ( Blank); C & H Foods Co. v. Hartford Ins. Co . (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” ( Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) “The rules by which the s...

Excerpt: ...e function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party can show evidentiary support for a pleading or claim and if not to enable an order of summary dismissal without the need for trial. ( Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 ( Atlantic Richfield).) Code of Civil Procedure Section 437c, subdivision (c) “requires the trial judge to grant summary judgment if ...

Excerpt: ...led may object to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts sufficient to constitute a cause of action and it cannot be determined how, or in wha t manner, Defendants committed or can be liable for such cause of action. (Code Civ. Proc. §§ 430.10(e) and 430.10(f).) “A demurrer tests the sufficiency of a complaint as a matter of law.” (Durell v. Sharp Healthcare (2010) 183 Cal....

Excerpt: ...1033.5, subd. (a)(1).) Under Code of Civil Procedure section 1033.5, subdivision (c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are subject to section 1033, subdivision (c)(2). (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) “‘[T]he trial court has no discretion to deny prevailing party statu...

Excerpt: ...legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (19...

Excerpt: ...to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. § 1281.2, subds. (a), (b)...