Excerpt: ...rt compels Plaintiff to arbitrate all claims against Defendant PAG Ontario B1, Inc. dba BMW of Ontario. The Court denies the motion to compel arbitration as to Plaintiff's claims against Defendant BMW of North America, LLC. The Court stays proceedings in this Court 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 t...

Excerpt: ...ery was served on February 24, 2021. Defendant's original responses were served April 27, 2021. The motion is granted as set forth below. Defendants is ordered to serve supplemental responses as to the requests for documents regarding issues pertaining to the year, make, and model of the subject automobile in California, within ten (10) days of today's date. A motion to compel further production must set forth specific facts showing good cause ju...

Excerpt: ...emurrer 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 comp...

Excerpt: ...nderstanding” (MOU), which purports to show an arbitration agreement between Defendant Hathaway Dinwiddie Construction Co. and the Southwest Regional Council of Carpenters. (Dommes Decl. ¶ 3, Ex. B [p 155].) Plaintiff objects to the MOU on the ground that it lacks proper authentication. (Evidentiary Objection No. 1.) Though the parties dispute whether the MOU has been authenticated, the Court is not required to make that determination here. �...

Excerpt: ...Christie Vargas (Plaintiff) states two causes of action against Defendants for: (1) Breach of Contract; and (2) Breach of Duty of Good Faith and Fair Dealing. The motion for summary judgment is granted. Factual Background In June 2018, Plaintiff purchased a 2017 Dodge Charger, and insured the vehicle under an automobile liability policy issued by Infinity. (SS ¶ 1-2.) The policy was in effect from June 7, 2018, to May 9, 2019. (Id. at ¶ 3.) Pla...

Excerpt: ... time limit running to file a motion for reconsideration. The ten-day time limit for a party making the motion runs from service of notice of entry of the order. (Code Civ. Proc., § 1008, subd. (a).) “A trial court may not grant a party's motion for reconsideration that does not comply with section 1008.” (Cox v. Bonni (2018) 30 Cal.App.5th 287, 312.) Plaintiff served notice of the October 8, 2021 ruling on October 12, and Defendant filed th...

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: ...to appoint counsel for Plaintiff in this action. Plaintiff is a limited partnership whose general partner, with 72% ownership interest, is New Prosperity Investment, LLC (New Prosperity). (Fu Decl. ¶ 2-3.) New Prosperity is in turn owned equally by Ohannes Georgian (Georgian) and Fu. (SAC ¶ 10.) Georgian initially retained the law firm Briggs & Alexander to represent Plaintiff in this action. (Fu Decl. ¶ 4.) On February 26, 2021, Fu executed a...

Excerpt: ...iking 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).) California courts are required to permit liberal amendment of pleadings in the interest of justice between the parties to an action. (Code Civ. Proc., § 473, subd. (a); Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 352.) “Public policy dictates that leave to amend be liberally gra...

Excerpt: ...o 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: ...]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.) 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 p...

Excerpt: ... used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are¿judicially noticeable. (Blank v. Kirwan¿(1985) 39 Cal.3d 311, 318.) “To survive a demurrer, the complaint need only allege facts¿sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School ...

Excerpt: ...m Interrogatories, Set One. The motion is denied. Parties failing to serve timely responses to discovery requests waive any objections thereto. (Pelton v. Delta Packaging Prods. (2008) 165 Cal.App.4th 1658, 1577 n.13; see also Sinaiko Healthcare Consulting, Inc. v. Pac. Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) The Court, on motion, may relieve a party from waiver, if a subsequent response was served in substantial compliance, and ...

Excerpt: ...he 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 ...

Excerpt: ...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 petitioner; or (b) Grounds exist for the r...

Excerpt: ...ficiency 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: ...021. Specifically, Plaintiff seeks further responses as to RFP Nos. 1, 2, 14-16, 18, 20-22, 29-33, 42-44. The motion is granted. 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 contains objections. (Code Civ. Proc., § 2031.310, subd. (a).) A motion to compel further responses to requests for production “shall set forth spe...

Excerpt: ...auses of action; the demurrer is overruled as to the second, third, fourth, seventh and eighth causes of action. 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 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 1...

Excerpt: ...on Hance; and Matthew Leinart (collectively, the Individual Defendants). Defendants move for summary judgment on the first, second, third, fourth, fifth, and eighth causes of action. This case arises from allegations of fraud surrounding the purchase of a property (the Property) by Plaintiffs Rachel Bloom and Daniel Gregor from Defendant the Run Group II, LLC (RGII) in December 2015. The complaint states causes of action against moving defendants...

Excerpt: ...rruled and the motion to strike is denied. Defendant is ordered to answer within ten (10) days 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 ...

Excerpt: ...and Abetting Fraud; and (3) Declaratory Relief. The demurrer is sustained in part and overruled in part. 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 se...

Excerpt: ...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. Superior Court...

Excerpt: ...ed. Defendant is ordered to answer within ten (10) days 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 on...

Excerpt: ...ondent requests that the arbitration award be vacated on the grounds that the appointed arbitrator, Judge Swart, took on a separate matter involving Petitioner and Petitioner's counsel during the pendency of the arbitration, and provided late and inadequate disclosure of that matter to Respondent. The petition to confirm is granted. “The Code of Civil Procedure and the Ethics Standards impose various disclosure obligations on neutral arbitrator...

Excerpt: ...]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.) 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 p...

Excerpt: ...murrer is overruled and the motion to strike is denied. Defendant is ordered to answer within ten (10) days of today's date. Factual Background In December 2010, SCE contracted with Defendant Herman Weissker, Inc. (HWI), an electrical infrastructure company, to erect new utility poles and transfer electric wires for a project in San Bernardino, California. (SAC ¶ 14.) As part of the initial agreement between SCE and HWI, HWI was required to main...

Excerpt: ...). Plaintiff Jose Sanchez Mendoza (Plaintiff) moves for a protective order to limit to 35 the number of requests for admission propounded by Defendants Antojitos Los Cuates and Fernando Gonzalez Zuniga (collectively, Defendants). The motion is granted in part. No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. (Code Civ. Proc., § 2033.030, subd. (a).) ...

Excerpt: ...ntional infliction of emotional distress. The demurrer is sustained as to the fifth cause of action. Requests for Judicial Notice: Defendant LA Metro (Defendant) requests judicial notice of the following: · Exhibit C: Plaintiff's claim for damages dated October 7, 2020, received by LA Metro on October 15, 2020; · Exhibit D: the notice of rejection of Plaintiff's claim for untimeliness, dated November 19, 2020; · Exhibit E: Judicial Council Ord...

Excerpt: ... 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[.]” (Stevens v. ...

Excerpt: ...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 a com...

Excerpt: ...act; (4) Common Count for Money Had and Received. The demurrer is 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 w...

Excerpt: ... 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 petitioner; or (b) Grounds exist for the revoca...

Excerpt: ...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 petitioner; or (b) Grounds exist for the revo...

Excerpt: ...f 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 petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. §12...

Excerpt: ...he Property). (FAC ¶ 11.) The ownership interests of Somana were as follows: Defendant Sion Nobel (Nobel) 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, LLC (Water Source) managed the Property, which was fully occupied for three years. (FAC ¶ 20.) In 2019, Nobel changed the address of Somana to his address and asserted he was ...

Excerpt: ...rch 05, 2021, that the motion was denied “with prejudice.” (Minute Order, dated 03/05/2021 at p. 3.) Plaintiff has not provided any grounds to reconsider or renew that motion. The language of Code of Civil Procedure section 1008, subdivision (e) makes it clear that a party's power to bring successive motions is restricted to motions that comply with Code of Civil Procedure section 1008. (See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1104.) ...

Excerpt: ...ction. Defendant is ordered to answer within ten (10) days 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...

Excerpt: ...t served Plaintiff with the Deposition Notice with Requests for Production of Documents at a Deposition, with a deposition date of April 27, 2021. Requests 33-34 ask Plaintiff to produce documents relating to Plaintiff's text messages between himself, Bradford Johnson, and Greg Jowyk. (Wu Decl., Ex. A.) Request No. 73 seeks documents related to Plaintiff's disability retirement including documents sent or received from CalPERS. (Wu Decl., Ex. A.)...

Excerpt: ...SA) at his apartment through the pendency of this litigation. The motion is granted. As an initial matter, Defendants request the Court continue this motion to obtain evidence and deposition testimonies. The Court finds Defendants have failed to establish good cause for a continuance and therefore denies the request. Preliminary injunctions can only be granted after the moving party shows there is no adequate remedy at law. (Wilkison v. Wiederkeh...

Excerpt: ...ial 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 gene...

Excerpt: ...gal 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: ...iency 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.A...

Excerpt: ...ment 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 petitioner; or (b) Grounds exist for the revocation of the agreem...

Excerpt: ...nts from selling or advertising dogs through the conclusion of this litigation. The motion is granted. Improper Request for Continuance As an initial matter, Defendants request a continuance to obtain evidence and deposition testimonies. A motion for continuance is addressed to the sound discretion of the trial court. (Link v. Cater (1998) 60 Cal.App.4th 1315, 1321.) “A party seeking a continuance . . . must make the request for a continuance, ...

Excerpt: ...at the motion seeks to compel Plaintiffs to arbitrate the tenth cause of action against Hudson. The motion is denied. “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 cont...

Excerpt: ...ousness. Satisfying any one of the following is a sufficient basis for a determination that the litigant is vexatious: (1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought ...

Excerpt: ...ations Here, Plaintiffs allege that on September 15, 2015, Williams, Sevana Petrosian (Petrosian), and her associate, Salina Ranjabar (Ranjabar) met with Tonoyan, one of Defendant Wells Fargo's employees, to open a Wells Fargo accounts for Wilbur Williams M.D., Inc. (SAC ¶¶ 13-18.) Williams asked Wells Fargo to make Petrosian, Ranjabar, Mehrabian, and Palmer (Petrosian Defendants) authorized signatories on the accounts. (SAC ¶¶ 16-18.) Mehrab...

Excerpt: ...rt 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 su...

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: ...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: ...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: ...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...

Excerpt: ...granted. Code of Civil Procedure section 425.16 subdivision (g) automatically stays all discovery in the action as soon as an anti-SLAPP motion is filed but permits the trial court to lift this ban upon a showing of good cause. Good cause to lift the SLAPP statute's discovery ban exists “[i]f the plaintiff makes a timely and proper showing in response to the motion to strike, that a defendant or witness possesses evidence needed by plaintiff to...

Excerpt: ...d 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 provid...