Excerpt: ...complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blankv. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 CalApp.3d 1055, 1062.) It is well settled that a "demurrer lies only for defects appearing on the face of the complaintl.]" (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) ...

Excerpt: ...nted as to Form Interrogatory Nos. 9.1 and 50.1, and is denied as to the remaining interrogatories as moot Verified supplemental responses to Form Interrogatories 9.1 and 50.1 must be sewed within ten (10) days of todays date. The Court orders monetary sanctions against Alanic in the amount of S3,600. A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are ...

Excerpt: ... carrier for damages suffered in an auto accident with an uninsured motorist: he may not subsequently file a legal action against his UM insurer unless, within two years after the date of the accident: he first files an action against the uninsured motorist: demands arbitration with his CTM insurer, or reaches an agreement with his UM insurer. " (Blankenship v. Allstate Ins. co. (2010) 186 CalApp_4th 87: 91; Ins. Code 11580.2: subd_ Arbitration i...

Excerpt: ...fendants) demur to the seventh cause of action in Plaintiffs' First Amended Complaint (FAC), and move to strike portions of the FAC. The demurrer is overruled. The unopposed motion to strike is granted. Defendants are ordered to answer within ten (10) days of todays date. In reviewang the legal sufficiency of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deduc...

Excerpt: ...Complainant Alanic International Corporation (Alanic). Summary judgment is granted for Cross-Defendants. The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing parv 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...

Excerpt: ...rwise overruled. The motion to strike is granted in part. In reviewang the legal sufficiency of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blankv. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 CalApp.3d 1055, 1062.) It is well settled that a "demurrer lies only for defects appea...

Excerpt: ...laintiffs individual PAGA claims. The Court stays this action as to Plaintiffs representative PAGA claims. "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 exist...

Excerpt: ...al Center, Inc. demur to Plaintiffs' First Amended Complaint (PAC). The demurrer is sustained as to the Clinica Medica Defendants as to all causes of action, with ten (10) days leave to amend. The demurrer is sustained as to the first, second, fifth, and seventh causes of action with ten (10) days leave to amend, and overruled as to the third, fourth, and sixth causes of action as to Defendant Patel. In reviewang the legal sufficiency of a compla...

Excerpt: ...r her before or at the same time as the answer to the complaint or cross- complaint. (Code Civ. Proc. S 428.50, subd. Any other cross-complaint may be filed at any time before the court has set a date for trial. (Code Civ. Proc., S 428.50, subd. A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the...

Excerpt: ...t Plaintiff Sonia Ortega (Plaintiff). The motion is denied as to the first cause of action, only as it relates to the recovery of civil penalties, and the eighth causes of action, and is otherwise granted. 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 f...

Excerpt: ...d. 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.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on th...

Excerpt: ...he depositions, Cooper and Shaich refused to answer certain questions citing the attorney-client privilege. The issue before the Court is whether the privilege applies, and, if so, whether the privilege was waived. The objecting party has the burden to file evidence of the preliminary facts establishing a privilege exists. (HLC Properties, Limited v. Superior Court (2005) 35 Cal.4th 54, 59.) “[W]here … the question calls for information which...

Excerpt: ...mend. 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[.]” (Steven...

Excerpt: ...the Requests for Production of Documents (Set One), Nos. 7, 9, 11, and 13-18. The motion is granted. The Court orders monetary sanctions against Alanic in the amount of $3,150. A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasive, or contain meritless objections. (Code Civ. Proc., §§ 2031.310, subd. (a).) A motion to compel further ...

Excerpt: ...the Requests for Production of Documents (Set One), Nos. 7, 9, 11, and 13-18. The motion is granted. The Court orders monetary sanctions against Alanic in the amount of $3,150. A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasive, or contain meritless objections. (Code Civ. Proc., §§ 2031.310, subd. (a).) A motion to compel further ...

Excerpt: ...ight to recover costs in any action or proceeding." (Code Civ. Proc. S 1032, subd. "Prevailing patty' includes the party with a net monetary recovery. (Code Civ. Proc. S 1032, subd "[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.) On December 7, 2022, the Court issued its ru...

Excerpt: ...tration. "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 arbitration has been waived by the petitione...

Excerpt: ... 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 all the evidence submitted, and ' all inferences reasonably dedu...

Excerpt: ...any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment or oppression, or undue burden and expense." (Code Civ. Proc., S 2025.420, subd. "Generally, a deponent seeking a protective order will be required to show that the burden, expense, or intrusiveness involved in the [ ] deposition clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence." (Eme...

Excerpt: ...lerical 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 " ' '[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.] Thus: a default judgment entered against a defendant who was not served with a summons in the manner presc...

Excerpt: ... is ordered to produce documents in response to Request Nos. 45 and 46 within ten (10) days oftodavs A motion to compel further production must set forth specific facts showing good cause justi$ing the discovery sought by the mspection demand. (See Code Civ. Proc., S 2031.3100(1).) Itis notnecessary for the motion to show that the material soughtwill be admissible in evidence. "Good cause" may be found to justi$ discovery where specific facts sho...

Excerpt: ...cio Moore and Dennis James, and denied as to Defendant Peter Schuster. 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, sub...

Excerpt: ... and an answer has been filed. (Code Civ. Proc„ S 438, subd. 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 agamst that defendant" (Code Civ. Proc„ 5 438, subd. 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 provided by statute, the rules g...

Excerpt: ...tained without leave to amend. In reviewang the legal sufficiency of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blankv. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 CalApp.3d 1055, 1062.) It is well settled that a "demurrer lies only for defects appearing on the face of the com...

Excerpt: ...ided by statute, a prevailmg party is entitled as a matter of right to recover costs in any action or proceeding." (Code Civ. Proc. S 1032, subd. "Prevailing patty' includes the party with a net monetary recovery. (Code Civ. Proc. S 1032, subd "[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....

Excerpt: ...r 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 ofwritten 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 modiö', amend: or revoke the prior order. The party making the application shall state by affidavit what applic...

Excerpt: ... join the demurrer. The demurrer is sustained as to all Defendants. The motion to strike is demed as moot In reviewang the legal sufficiency of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blankv. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 CalApp.3d 1055, 1062.) It is well sett...

Excerpt: ...is ordered to serve verified, code-compliant responses within ten (10) days of todays date. The Court imposes monetary sanctions against Defendant and its counsel in the amount ofS4,56. Sanctions are payable to Plaintiffs counsel and must be paid within thirty (30) days oftodavs date. A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasi...

Excerpt: ...t 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 bythe petitioner; or (b) Grounds exist for the revocation of the agreement" (Code Civ. Proc. 51281.2, subds. A proceeding...

Excerpt: ...t 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 bythe petitioner; or (b) Grounds exist for the revocation of the agreement" (Code Civ. Proc. 51281.2, subds. A proceeding...

Excerpt: ...ons of the PAC. The demurrer is sustained as to the first, second, fifth, and seventh causes of action, and otherwise overruled. The motion to strike is granted in part In reviewang the legal sufficiency of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blankv. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hart...

Excerpt: ...ncy of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blankv. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 CalApp.3d 1055, 1062.) It is well settled that a "demurrer lies only for defects appearing on the face of the complaintl.]" (Stevens v. Superior Court (1999) 75 Cal.App.4th 59...

Excerpt: ...a timely notice of a motion to strike the whole or any part of a pleading. (Code Civ. Proc„ S 435, subd. (bj.) 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., S 436.) Irrelevant allegations include allegations that are not essential to the statement...

Excerpt: ...er is sustamed as to all causes of action agamst Danny Navarro, and as to the first and third causes of action against Darvvin Sosa and Maxres Inc. dba Century 21 Allstars (Century 21). The demurrer is overruled as to the second cause of action against Sosa and Century 21. The motion to strike is granted in part. In reviewang the legal sufficiency of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts pr...

Excerpt: ...e first and third causes of action. The motion to strike is granted in part. Defendants are ordered to answer within ten (10) days of todays date. In reviewang the legal sufficiency of a complaint agamst a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blankv. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 1...

Excerpt: ...ss or stay this action. The motion to compel arbitration is granted. Proceedings in this Court are stayed pending completion of 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 agreem...

Excerpt: ...res to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (Code Civ. Procu S 2031.060, subd. ' 'For discovery purposes, information is relevant if it 'might reasonably assist a party in evaluating the case: preparing for trial, or facilitating settlement [Citation]. Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to...

Excerpt: ...end. The motion to strike is granted. 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 fac...

Excerpt: ...g 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 aga...

Excerpt: ...l 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 against...

Excerpt: ...cation 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 all the evidence submitted, and ‘all inferences reaso...

Excerpt: ...ik) to produce further responses to their respective Demands for Production of Documents (Set Two). The motion is granted Defendants are ordered to serve supplemental verified responses to the Form Interrogatories and produce the documents requested within ten (10) 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 incomp...

Excerpt: ...f's individual PAGA claims. The Court stays this action as to Plaintiff's representative PAGA claims. “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, ...

Excerpt: ...use of action and otherwise sustains the demurrer. 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 appeari...

Excerpt: ...trike 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 essential to the statement of a claim, allegations that are not pertinent to or supported by the claim and demands for judgment requesting relief not sup...

Excerpt: ...and on Plaintiffs' claims for punitive damages based on their second and eighth causes of action. The motion is granted as to Plaintiffs' claim for punitive damages under the second cause of action, and otherwise denied. 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 wit...

Excerpt: ...s 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: ...l 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.) 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 ...

Excerpt: ... Zhao, Jingyuan Di, Ai Xiao Wang, Lina Qi, and Jingmeng Sally Xie (Intervenors). The motion is granted. As an initial matter, it is not clear to the court that the Plaintiff's in Intervention have standing to oppose the instant motion. Assuming, for purposes of argument, that they do, the Court will address Intervenor's arguments below. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrat...

Excerpt: ...e second cause 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 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 com...