Excerpt: ...settin g is necessary to prevent prejudicing her interest in this litigation. The motion is granted. Under Code of Civil Procedure section 36, subdivision (a), “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1)¿The party has a substantial interest in the action as a whole[, and] (2)¿The health of the party is such th...

Excerpt: ...to amend. In reviewing the 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[.]” (...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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)...

Excerpt: ...r, 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 (1999) 75 Cal.App.4th 594, 601.) “The rules by whic...

Excerpt: ...ore filing a motion to strike, the moving party is required to meet and confer with the party who filed the pleading in person or by telephone for the purposes of determining whether an agreement can be reached that resolves the objections to be raised in the motion to strike. (Code Civ. Proc., § 435.5.(a).) The meet and confer requirement has not been met, but because this is not a reason to deny the motion, the Court turns to the merits. (Moon...

Excerpt: ...terest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding.¿ An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by¿demandin...

Excerpt: ...complaint setting forth: “(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the ...

Excerpt: ...st 31, 2021, plaintiff Hidden Ridge, Lot 9, LLC (“Plaintiff”) commenced this action against defendants All Creative Construction, Inc. and Kennco Plumbing (“Cross-Complainant”) (collectively “Defendants”). In February 2013, defendant All Creative entered into a construction contract with Paradise Estate Properties, LLC to perform work on a residential property (the “Property”). (Comp. ¶¶ 1, 12.) Paradise Estate subsequently tran...

Excerpt: ...r relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that...

Excerpt: ...verable as costs unless they are authorized by statute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) In a lemon law action, costs, and expenses, including attorney fees, may be recovered by a prevailing buyer under the Song-Beverly Act. (See Civ. Code, §§ 1790, et seq.) Civ. Code § 1794, subd. (d) provides, If the buyer prevails in an action under this section, the ...

Excerpt: ...entions, 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 sufficiency of a complaint is tested against a general demurrer are well settled. We not on...

Excerpt: ...s are not recoverable as costs unless they are authorized by statute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) In a lemon law action, costs, and expenses, including attorney fees, may be recovered by a prevailing buyer under the Song-Beverly Act. (See Civ. Code, §§ 1790, et seq.) Civ. Code § 1794, subd. (d) provides, If the buyer prevails in an action under this...

Excerpt: ...r, 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 (1999) 75 Cal.App.4th 594, 601.) “The rules by whic...

Excerpt: ...ed as to the first, second, third, fourth and fifth causes of action against all Defendants with ten (10) days leave to amend. The demurrer is otherwise overruled. The motion to strike is denied. In reviewing the 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 (Bl...

Excerpt: ...o. 39. The motion is granted. Defendant is ordered to respond to Special Interrogatory No. 39 within ten (10) days of today's date. Defendant is ordered to pay Plaintiff's counsel $2,720 within thirty (30) days of today's date. A motion to compel further responses to form or specially prepared interrogatories may be brought if the responses contain: (1) answers that are evasive or incomplete; (2) an unwarranted or insufficiently specific exercise...

Excerpt: ...udication against Plaintiff Nat-Pharm, Inc. dba South Bay Pharmacy (Plaintiff). Summary judgment is granted for Defendants Mary Lou Giebel and Kim Butrum, and is denied as to all claims against Defendant Subtenant 514 N. Prospect Ave. LLC dba Silverado Beach Cities Memory Care Community. The 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 plea...

Excerpt: ...ay file a timely notice of a motion to strike the whole or any part of a pleading. (Code Civ. Proc., § 435, subd. (b).) The motion may seek to strike any “irrelevant, false or improper matter inserted in any pleading” or any part of the pleading “not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc., § 436.) Irrelevant allegations include allegations that are not essentia...

Excerpt: ...requests waive any objections to those requests. (Code Civ. Proc. § 2033.280.) The Court, on motion, may relieve a party from waiver, if a subsequent response was served in substantial compliance, and the failure to timely serve a response was the result of a mistake, inadvertence, or excusable neglect. (Code Civ. Proc., §§ 2030.290, subd. (a)(1); 2031.300, subd.(a)(1). 2033.280, subd. (a).) The standard for “mistake, inadvertence or excusab...

Excerpt: ...473, subdivision (b), “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a def...

Excerpt: ...led as to the sixth cause of action and otherwise sustained, with ten (10) days leave to amend. The motion to strike is denied as moot. In reviewing the 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.Ap...

Excerpt: ...ally, in the total amount of $1,500.00 PRELIMINARY COMMENT: This case has recently been transferred to Department 34. The has Court become concerned with a lack of civility that the Parties and their respective Counsel are showing each other. For example, Judgment Creditor's Counsel argues that Judgment Debtor and his counsel “have engaged in deceptive and unscrupulous conduct, and it is clear Defendant [sic] Judgment Debtor Bashi's sole purpos...

Excerpt: ...ers Specified in the Request for Admissions, Set One, Admitted Moving Party: Defendant Martin Luther King Jr. – Los Angeles (MLK- LA) Healthcare Corporation Resp. Party: None The Motion for Terminating Sanctions and Monetary Sanctions is GRANTED in part. Defendant Martin Luther King, Jr. Healthcare Corporation is DISMISSED with prejudice from Plaintiff's First Amended Complaint. The other motions filed by Defendant Martin Luther King Jr. Health...

Excerpt: ...ively, Plaintiffs). The demurrer is sustained as to all causes of action against Goldrich, Kest, Hirsch & Stern, LLC, Goldrich Kest, LLC, and Goldrich & Kest Industries, LLC, and is sustained as to the sixth and ninth causes of action against Defendants GK Management Co., Inc., and Dolphin Marina Ltd. The demurrer is otherwise overruled. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admit...

Excerpt: ...rwise sustains the demurrer. A plaintiff may demur to a defendant's answer within 10 days of being served with the answer (Code Civ. Proc., § 430.40(b)) on three grounds: (1) failure to state facts sufficient to constitute a defense; (2) uncertainty; or (3) failure to state whether a contract alleged in the answer is written or oral. (Id., § 430.20). The demurrer may be to the whole answer or to any one or more of the several defenses set up in...

Excerpt: ...eat 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 sufficiency ...

Excerpt: ...ectively, Defendants) on Plaintiff's Complaint, and against Cross-Complainants Altrove LLC and L.A. Puglia LLC (collectively, Cross-Complainants) on their Cross-Complaint. The unopposed motion is granted. Code of Civil Procedure section 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery process. A court may impose terminating sanctions by striking pleadings of the party engaged in misu...