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...

Excerpt: ...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 provided by statute, the rules ...

Excerpt: ... motion as to Plaintiff's individual claims, and stays this action as to Plaintiff's representative 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 ex...

Excerpt: ...he motion is granted. Pursuant to Code of Civil Procedure section 708.030: The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party's behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the manner provided in Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4, if the deman...

Excerpt: ...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) 75...