Excerpt: ..., 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 on the face ...

Excerpt: ...an RFA, he or she may be ordered to pay the costs and fees incurred by the requesting party in proving that matter. On the requesting party's motion, the court is required to make this costs and expenses award (“court shall make this order …”) unless the responding party proves a statutorily-recognized excuse. (Code Civ. Proc., § 2033.420, subds. (a) & (b).) Costs may be awarded when the requesting party proves the matter at trial or on a ...

Excerpt: ...tatute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) The attorney bears the burden of proof as to “reasonableness” of any fee claim. (Code Civ. Proc., § 1033.5(c)(5).) This burden requires competent evidence as to the nature and value of the services rendered. (Martino v. Denevi (1986) 182 Cal.App.3d 553, 559.) “Testimony of an attorney as to the number of hours...

Excerpt: ...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 agains...

Excerpt: ...egal 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 (1999...

Excerpt: ...of today's date. 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: ... - San Francisco LLC, Sev Laser Aesthetics - Hermosa Beach LLC, Sev Laser Aesthetics - Walnut Creek LLC (the LLCs) and Salina Ranjbar (Ranjbar) (collectively, Defendants) move to compel Plaintiffs Wilbur Williams Jr. M.D. and Wilbur Williams, M.D., Inc. (Plaintiffs) to binding arbitration. The motion is granted. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that ...

Excerpt: ...tions can only be granted after the moving party shows there is no adequate remedy at law. (Wilkison v. Wiederkehr (2002) 101 Cal.App.4th 822, 832.) A showing of irreparable harm is a “threshold requirement” to obtain a preliminary injunction. (Costa Mesa City Employees Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 306.) To show irreparable harm, the moving party must ordinarily show that his injuries cannot be adequately compensate...

Excerpt: ...er 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 a complaint ...

Excerpt: ...n Plaintiff and TRI. Plaintiff began to work for Defendant TRI in January 2014 as a salesperson. (SAC ¶ 8.) On January 31, 2017, Oaks and Plaintiff entered into an agreement making Plaintiff a partner. (SAC ¶ 9.) On August 15, 2017, Plaintiff executed an agreement so that Oaks and Plaintiff each owned 50% of TRI. (SAC ¶ 9.) The business relationship between Plaintiff and Defendant Oakes deteriorated and a contract called the “Deal Memo” (D...

Excerpt: ...rrer, 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 wh...

Excerpt: ...ective Economic Advantage. Plaintiff Signature VNY, LLC (Signature) brings the instant motion for judgment on the pleadings against Robert F. Maguire III (Maguire) as to the first cause of action in the cross-complaint. The motion is granted. A motion for judgment on the pleadings may be made after the time to demur 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 t...

Excerpt: ...the amount of $25,870.00, for a total of $83,247.26. Plaintiff also moves this Court for reimbursement of costs and expenses in the amount of $5,637.26. The total amount requested by this motion is $83,247.26. The motion is granted in part. “[A]s a general rule, attorney fees 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 Ca...

Excerpt: ...o an agreement with Samir Srivastava (Srivastava) to sell real property located at 5645 Fernwood Avenue, Los Angeles, CA 90028 (the Property) for $3,000,000. (Complaint ¶ 9.) At this time, the Property had a deed of trust recorded against it for $1,500,000. (Complaint ¶ 9.) From 2014 to 2017, Plaintiff and Srivastava entered into four subsequent amendments to their original agreement. Specifically, on December 15, 2016, Plaintiff and Srivastava...

Excerpt: ...he subpoena, the motion should have been accompanied by a separate statement. (Cal. Rules of Court, rule 3.1345(a)(5). Failure to include a separate statement is independent grounds for denying the motion. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) The motion for protective order must be accompanied by a declaration stating facts showing a “reasonable and good faith attempt” to resolve the matter outside court. (Code Civ. Proc., §...

Excerpt: ...the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., § 1032, subd. (a)(4).) “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of j...

Excerpt: ... part. “[A]s a general rule, attorney fees 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.) Here, the fees are both authorized by statute and by agreement. The attorney bears the burden of proof as to “reasonableness” of any fee claim. (Code Civ. Proc., § 1033.5(c)(5).) This burden requires competen...

Excerpt: ...order a transfer of venue “when the court designated in the complaint is not the proper court.” (Code Civ. Proc., §§ 396b, 397, subd. (a).) Except as otherwise provided by law and subject to the power of the court to transfer … the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (Code Civ. Proc., § 395, subd. (a).) In the case of mixed actions, where...

Excerpt: ...ecovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., § 1032, subd. (a)(4).) Under Code of Civil Procedure section 1033.5, subdivision (c)(2), allowable costs are only recoverably if they are “reasonably necessary to the conduct of the litigation.” Even...

Excerpt: ...ests for Production No. 1, 5, 7, and 9. Alternatively, Plaintiff seeks LAAAE's compliance with Code of Civil Procedure section 2031.250 in the form of a verification or other statement under oath that LAAAE's response to Plaintiff's Requests for Production is complete. The motion is denied. A motion to compel compliance pursuant to Code of Civil Procedure section 2031.320 does not have a 45-day time limit, nor does it contain a meet and confer re...

Excerpt: ...terial 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 against a ge...

Excerpt: ...ant Hannibal Classics, Inc. Plaintiffs also move to compel defendant Richard Rionda Del Castro to produce all non-privileged documents responsive to Request for Production Nos. 1 through 13 in the Amended Notice of Taking Deposition of Richard Rionda Del Castro and Demand for Production of Documents at Deposition. Plaintiffs also seeks sanctions in the amount of $11,761.65, jointly and severally against Defendants and their counsel. The motion is...