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...