Excerpt: ... rule 3.1300(d).) Plaintiff filed an opposition only four court days before the hearing, thereby depriving defendant of an opportunity to reply. Plaintiff also submitted a second amended complaint five court days before this hearing. She had no right to do so under Code of Civil Procedure section 472(a). However, permitting the second amended complaint would serve the interests of justice and judicial economy. Considering the merits of defendant'...

Excerpt: ...ndant's Person Most Knowledgeable witness(es) renders Honda's attempt to ‘meet and confer' with Plaintiff meaningless.” (Opps., p. 3.) That is not a failure to meet and confer. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Whether defendant cooperated with plaintiff's discovery requests...

Excerpt: ...ir answers are identical. Plaintiff demurs to four purported affirmative defenses alleged in each answer. Rather than denying the plaintiff's allegations, affirmative defenses assert new allegations that would defeat the plaintiff's claims. (CCP § 431.30(b); FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefull...

Excerpt: ...r of the court.” (CCP § 436(b).) “This provision is commonly invoked to challenge pleadings filed in violation of a deadline, court order, or requirement of prior leave of court.” (Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 528.) The initial cross-complaint was not filed in conformity with a court order. On December 16, 2022, the court granted R&H's motion for leave to file a cross- complaint and ordered R&H to file the cross-compl...

Excerpt: ...n Agreement Does Not Apply to Mildred Reed's Cause of Action for Wrongful Death Plaintiff Mildred Reed brings a cause of action for wrongful death against defendant. Though decedent Raymond C. Reed signed the arbitration agreement (Natoli Decl., Ex. B), Mildred Reed dd not sign it and is not bound by it. “As a general rule, a party cannot be compelled to arbitrate a dispute that he or she has not agreed to resolve by arbitration.” (Daniels v....

Excerpt: ...it to a claim for damages, as specified in Section 3294 of the Civil Code.” (CCP § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Ibid.) This subdivision “does not permit summary adjudication of a single item of compensatory damage which does not dispose of an entire cause of action.” (DeCastro West...

Excerpt: ...��This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County...

Excerpt: ...owable. “ ‘An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (§ 1033.5, subd. (c)(2).)' ” (Sanford v. Rasnick (2016) 246 Cal.App.4th 1121, 1128 (Sanford).) All costs awarded by the court must be reasonable and...

Excerpt: ...tion as to the moving defendants for forum non conveniens.” (Aug. 24, 2023 Minute Order, p. 7.) Courts use a two-step process in applying forum non conveniens. “[A] court must first determine whether the alternate forum is a ‘suitable' place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California.” (Stangvik v. Shiley Inc. (199...

Excerpt: ... F-150” that “was/is” a “new motor vehicle” under the Song-Beverly Consumer Warranty Act, Civil Code section 1790 et seq. (Song-Beverly Act or Act). (FAC ¶¶ 5, 6.) Although Ayala alleges that she “received written warranties” (FAC ¶ 7), she does not allege from whom she purchased the vehicle. Ayala further alleges that the vehicle had certain defects covered by the warranty and that she presented the vehicle on at least two separ...

Excerpt: ...r than denying the plaintiff's allegations, affirmative defenses assert “new matter constituting a defense” that would defeat the plaintiff's claims. (CCP § 431.30(b)(2); accord FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefully and with as much detail as the facts which constitute the cause of action a...

Excerpt: ...h of contract (lease agreement), (2) breach of warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) collection of rent on substandard dwelling, and (6) retaliatory eviction. Defendant Valente demurs on the basis that the complaint does not allege any landlord/tenant relationship between her and plaintiffs. These causes of action are only properly alleged against plaintiffs' landlords. For example, “[t]o prove breach of contr...

Excerpt: ...tion 2025.410.” (CCP § 2025.450(a).) Meet and Confer Plaintiff did not adequately meet and confer before filing this motion as required under Code of Civil Procedure sections 2016.040 and 2025.450(b)(2). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Plaintiff's declaration in support of ...

Excerpt: ...ms. (CCP § 431.30(b); FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.” (In re Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758, 812-13, internal quotes and citations omitted.)...

Excerpt: ...ract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) A complaint alleging breach of contract “may plead the legal effect of the contract” and is not required to attach the contract or plead its terms verbatim. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 18...

Excerpt: ...the notice may move for an order compelling the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (CCP § 2025.450(a).) After defendant filed this motion, plaintiff The Law Offices of Jacob Emrani produced the requested documents. Berriz still seeks $3,085 in monetary sanctions against plaintiff. “The court may award sanctions under the Discovery Act in favor o...

Excerpt: ...; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” This action alleges breach of lease by the lessee of commercial property in Hollywood. The latter action is an unlawful detainer proceeding concerning the same property. Though they have overlapping issues, the primary issue in the unlawful detainer action is possession of the premises. (Harris...

Excerpt: ...trary to defendant's assertion, plaintiff alleges sufficient facts to show she had a mental disability. “ ‘Mental disability' includes, but is not limited to… [h]aving any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity.” (Gov. Code, § 12926(j)(1).) “ ‘Major life activities' shall b...

Excerpt: ...s to compelling the depositions. Plaintiffs seek monetary sanctions. “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though … the requested discovery was provided to the moving party after the motion was filed.” (Cal. Rules of Court, rule 3.1348(a).) The court, however, finds defendants acted with substantial justification and sanctions would not be just under the circu...

Excerpt: ...ication, on their complaint and on the third amended cross-complaint by defendants/cross- complainants Barfly, Inc., Baret Lepejian, Lucas Lepejian, and Tayla Lepejian. Requests for Judicial Notice Plaintiffs/cross-defendants request judicial notice of 37 facts and exhibits. Request Nos. 9, 10, 18, 31, 32, and 33 may be court records subject to judicial notice under Evidence Code section 452, subdivision (d)(1), but they are irrelevant and unnece...

Excerpt: ...the opposition. Legal Standard for Sealing Records California Rules of Court, rule 2.550(d) provides: A court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the r...

Excerpt: ... (Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018.) The body of plaintiff's first amended complaint alleges numerous specific items of damages. (See Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1209 [“Because the body of the complaint alleged the specific amount of damages being sought, plaintiffs were not required to reiterate that sum”].) It alleges the following damages: $43,391.25 unpaid overti...

Excerpt: ... document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.” (Cal. Rules of Court, rule 3.1345(c).) Plaintiff's separate statements are full and complete. Each separate statement merely incorporates earlier parts of itself—e.g., the reasons to compel further responses to No. 2 incorporate the reasons stated for No. 1. Doing so is permitted and preferable t...

Excerpt: ...ons on the ground of lack of jurisdiction of the court over him or her.” There was no summons on the cross- complaint. The court already acquired jurisdiction over Marshall Knoll because he invoked it in the first place by filing this action as the plaintiff. Neither a summons nor service of process is required for a cross-complaint against a preexisting party to the action. Code of Civil Procedure section 428.60 provides, “A cross-complaint ...

Excerpt: ...“city … is defendant, its … answer need not be verified.” (CCP § 446(a).) Plaintiff provides no authority that a public entity defendant's answer must explain why it is not verified. Uncertainty Plaintiff argues the second amended answer is uncertain. It is not. “Demurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that [the opposing party] cannot reasonably respond.” (A.J. Fistes Corp...