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)...

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...