Excerpt: ...or attorney's fees. The motion is granted as to the emotional distress allegations without leave to amend. The motion is denied with respect to the claim for punitive damages. Any party may file a timely notice of a motion to strike the whole or any part of a pleading. (Code Civ. Proc., § 435, subd. (b).) For a motion to strike, the Code of Civil Procedure defines a “pleading” as a demurrer, answer, complaint, or cross-complaint. (Code Civ. ...

Excerpt: ...ment additives. Plaintiff has been able to develop its products and market them to a wide range of clients. To achieve this success, and maintain such, Plaintiff has relied on developments in the field of fossil fuel enhancement additives. (Complain ¶ 8.) For Plaintiff, the primary development has been the BIO-T Formula, which is the key component of Plaintiff's most profitable and well-known fuel catalyst. (Complaint ¶ 8.) Defendant is a direc...

Excerpt: ... 1, Las Vegas Nevada 89109 (the Property). (FAC ¶ 11.) The ownership interests of the LLC were as follows: Defendant with 50%, Naser Yazmeh (Naser) with 25%, Behzad Yazmeh (Behzad) with 12.5%, and David Yazmeh (David) (collectively, Plaintiffs) with 12.5%. (FAC ¶ 12.) Water Source managed the Property, which was fully occupied for three years. (FAC ¶ 20.) In 2019, Defendant changed the address of the LLC to his address and asserted he was the ...

Excerpt: ...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 of a complaint is tested against a general demurrer are well settled. W...

Excerpt: ..., §§ 396b, 397(a).) A motion to transfer venue must be filed and served before or at the time of filing an answer, demurrer, or motion to strike. (Code Civ. Proc., § 396b.) Absent “an affirmative showing to the contrary, the presumption is that the county in which the title of the action shows that it is brought is, prima facie, the proper county for the commencement and trial of the action.” (Ibid.; Fontaine v. Superior Court (2009) 175 C...

Excerpt: ...s leave to amend is granted as to the fifth through ninth, fourteenth, and sixteenth through nineteenth causes of action. The demurrer is sustained without leave to amend as to the first through fifth, tenth through thirteenth and twentieth causes of action. Plaintiff alleges that Defendant RHC is a wholly owned subsidiary of Defendant Service Corporation. (FAC ¶ 2.) RHC's subsidiary operates the cemetery known as Rose Hills Memorial Park (RHMP)...

Excerpt: ...rly 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 of a complaint is tested against a general demurrer ar...

Excerpt: ... and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state b...

Excerpt: ...eaded, 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 of a complaint is tested against a general demurrer are well...

Excerpt: ...fendant has been guilty of oppression, fraud, or malice. (Civ. Code, § 3294, subd. (a).) “Malice” is conduct intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on with a willful and conscious disregard of the rights or safety of others. (Civ. Code, § 3294, subd. (c)(1).) “‘Punitive damages are proper only when the tortious conduct rises to levels of extreme indifference to the plaintiff's r...

Excerpt: ...r responses to Request for Production of Documents, Set 3. The motions are granted. Before bringing a motion to compel further responses to any discovery request, the moving party is required to make efforts to meet and confer in good faith and must submit a declaration attesting to those efforts. (Code Civ. Proc., §§ 2031.310, subd. (b)(2), 2030.300, subd. (b), 2033.290 subd. (b).) “A meet and confer declaration in support of a motion shall ...

Excerpt: ...iciency 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 (1999) 75 Cal...

Excerpt: ...fendants) demur to the First Amended Complaint (FAC) and the second, third, sixth, seventh, eighth, and ninth causes of action. As discussed herein, the demurrer is sustained to the eighth and ninth causes of action and overruled as to the second, third, sixth, and seventh causes of action. 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 no...

Excerpt: ...018, Defendant hired Plaintiff as its Associate Creative Director. The gravamen of Plaintiff's complaint is that she objected to working on marketing for Princess Cruise Lines (Princess Cruise) because she believed that cruises were unsafe due to the COVID-19 pandemic. (See FAC ¶¶ 14-24.) She refused to take the assignment to prepare a marketing campaign for Princess Cruise from her supervisor and continued to refuse after her supervisor told P...

Excerpt: ...d to challenge opposing pleadings. Under the Code, dismissal motions are expressly authorized only on specified grounds, including nonjoinder of necessary parties. But several cases hold a motion to dismiss may serve the same function as a general demurrer. Despite lack of statutory authority, courts may assert their inherent judicial power to dismiss cases in which no valid cause of action or defense is stated. (See, e.g., Kaatz v. City of Seasi...

Excerpt: ...t 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 of...

Excerpt: ...ile a notice of motion to strike the whole or any part of the pleading. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probativ...

Excerpt: ...rty Opportunity Fund, LLC (Bullseye) is a merged entity as of 2014, because of an asset acquisition with an entity named Quartz Mountain Note Workout Fund I, LLC (Quartz Mountain). (Pierce Decl., ¶¶ 1-4, Ex. 2.) Plaintiffs and David Jacobs (Jacobs) were members of Quartz Mountain. (Pierce Decl., ¶ 1.) The basic purpose of the merged entity was to profit from investments in distressed real property. (Pierce Decl., ¶ 3.) Frandsen was the long-t...

Excerpt: ... 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 of a complaint is tested against a general demurrer are well settl...

Excerpt: ...ting 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 of a complaint is tested ...

Excerpt: ...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 which t...

Excerpt: ... injured party, 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. A motion that is void on its face may be set aside at any time. (Plaza Hollister Ltd. Partnership v. County of San Benito (1999) 72 Cal.App.4th 1, 19 (Plaza Hollister).) However, it is well-set...

Excerpt: ...ion 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 that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) The court has the discretion to determine the extent of that party's interest and find the risk posed...

Excerpt: ... the Court has no authority to reconsider the demurrer because an order of dismissal was entered after the order sustaining the demurrer. Defendant is correct. (See APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 182 [holding that once the court signed the order of dismissal it no longer retained jurisdiction to consider a motion for reconsideration].) In 20th Century Ins. Co. v. Superior Court (2001) 90 Cal.App.4th 1247, 1259, the cou...

Excerpt: ...tially the same relief that Defendant is seeking on the motion for reconsideration. Both of Defendant's motions are denied. Under Code of Civil Procedure section 1008: When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and...

Excerpt: ...s. The motion for summary judgment is granted. Plaintiff worked for Smart & Final as a commercial truck driver from September 1996 until March 6, 2018. (Complaint ¶ 1; Hendricks Decl., ¶ 3, Ex. 2.) The Federal Motor Carrier Safety Administration (FMCSA) oversees the regulation of commercial motor vehicles. Logbooks or electronic logging devices are used to ensure compliance with hours-of-service regulations for drivers. The part of the regulati...

Excerpt: ...amend. The demurrer to the remaining causes of action is sustained with ten (10) days' leave to amend. Factual Background Plaintiff borrowed $200,000 from Defendant Richard Heftel in May of 2017 secured by his property. (Complaint ¶¶ 11-12.) The Note evidencing the debt provided for interest at the annual rate of eight percent (the Note). (Complaint ¶ 11.) The Note further provided for an increased interest rate of eighteen percent in the even...

Excerpt: ...vil Procedure section 1030 provides in relevant part that “when the plaintiff in an action or special proceeding resides out of the state . . . and there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding . . . the court shall order that the plaintiff file the undertaking in an amount specified in the court's order as security for costs and attorney's fees.” If the motion is granted,...

Excerpt: ... to advise him of “bounces.” He received hundreds of complaints from other people about spam emails that contained a link adverting the now-dismissed AIAG's services. Plaintiff filled out the form on AIAG's website and put in his email address, which led to Intake Direct, LLC emailing him with a phone number to call for a free consultation. Following the phone call, Intake Direct, LLC sent Plaintiff a retainer agreement for Ketterer Browne & ...

Excerpt: ...ourt 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 ...

Excerpt: ...viewing 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[.]” (Stevens v. Superi...

Excerpt: ...ourt 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: ...' motion for summary adjudication is granted in part. 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 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) “...

Excerpt: ...red and an answer has been filed. (Code Civ. Proc., § 438, subd. (f).) A motion by a defendant may be made on the grounds that the complaint or cross-complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (Code Civ. Proc., § 438, subd. (c)(B)(ii).) 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. Except as prov...

Excerpt: ...hat “when the plaintiff in an action or special proceeding resides out of the state . . . and there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding . . . the court shall order that the plaintiff file the undertaking in an amount specified in the court's order as security for costs and attorney's fees.” If the motion is granted, “[t]he plaintiff shall file the undertaking not lat...

Excerpt: ...) (collectively, Defendants), demur to the First Amended Complaint (FAC). The demurrer is sustained, with ten (10) days leave to amend as to the first, second and third causes of action. The demurrer is sustained without leave to amend as to the fourth cause of action. Plaintiffs are German entities engaged in the production, acquisition, and distribution of motion pictures. Plaintiff MHF Zweite Academy Film GmbH & Co. KG (Zweite Academy) produce...

Excerpt: ...imant. (FAC ¶ 13.) On July 14, 2017, Plaintiff was involved in an automobile accident with an underinsured motorist. (FAC ¶ 14.) Following Plaintiff's recovery of the other driver's $15,000 liability limit, she demanded that Allstate pay her UIM benefits. Allstate offered her $15,335. (FAC ¶ 24.) In April 2020, after Plaintiff provided additional information supporting her claim, Allstate agreed to settle for $35,000. (FAC ¶¶ 26, 27.) Legal ...

Excerpt: ... are ordered stayed pending the arbitration. “On petition of a party to an arbitration 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 arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitr...

Excerpt: ...e 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).) A proceeding to compel arbitration is in essence a suit in equity to compel specific perfo...

Excerpt: ... its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates that leave to amend be liberally granted.” (Centex Homes v. St. Paul Fire & Marine Ins. Co. (2015) 237 Cal.App.4th 23, ...

Excerpt: ...ains the demurrer and orders this case stayed pending resolution of Case No. 20STCV13838. Defendant's demurrer is more precisely a special demurrer, brought under Code of Civil Procedure section 430.10, subdivision (c), as opposed to a general demurrer that “searches the complaint for all defects going to the existence of a cause of action and places at issue the legal merits of the action on assumed facts.” (Carman v. Alvord (1982) 31 Cal.3d...

Excerpt: ...ta refused to produce its PMK or documents. Toyota argues that its counsel was unavailable for the unilaterally noticed deposition date and that Plaintiffs should have met and conferred with Plaintiff to set a mutually agreeable date for the deposition. The Court agrees with Toyota and therefore denies the motion. On January 14, 2021, Plaintiffs served their deposition notice for Toyota's PMK. (Sogoyan Decl., ¶ 19, Ex. 4.) Toyota responded with ...

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

Excerpt: ...o a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the ...

Excerpt: ... has expired and an answer has been filed. (Code Civ. Proc., § 438, subd. (f).) A motion by a defendant may be made on the grounds that the complaint or cross-complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (Code Civ. Proc., § 438, subd. (c)(B)(ii).) 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. Excep...

Excerpt: ...ection 473, subdivisions (b) and (d), and section 473.5. Here, Desmond commenced this action on September 04, 2019. Desmond allegedly served all the Defendants on September 09, 2019. Default was entered against Therien & Co on November 21, 2019. The default judgment was entered against Therien & Co on September 29, 2020. This motion was filed on March 09, 2021. The Motion May Be Granted Under Code of Civil Procedure Section 473(d) Under Code of C...

Excerpt: ..., Inc., dba Maverick Commercial Insurance Services (Bass Corporation), and each cause of action therein. The demurrer is sustained with leave to amend as to Grace. The demurrer is overruled as to Mario. 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...

Excerpt: ...s sustained with ten (10) days' leave 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 o...

Excerpt: ...fault judgment entered against them on February 10, 2021. The motion is denied. Under Code of Civil Procedure section 473, subdivision (b): “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a co...

Excerpt: ...n of Cruelty to Animals (Caru SPCA). The demurrer is sustained with ten (10) days leave to amend. Caru SPCA is ordered dismissed for lack of standing. 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. (19...