Excerpt: ...laintiff has the initial burden of showing the essential facts of jurisdiction, that is the facts requisite to an effective service. (Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868; Dill v. Berquist Const. (1994) 24 Cal.App.4th 1426, 1439‐ 40.) This may be done through presentation of declarations, with opposing declarations received in response. (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.4th 556, 568.) Furthermore, filing a proof of...

Excerpt: ... (See Code Civ. Proc., SS 377.31 et seq.) If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: On February, 28, 2023, defendant took plaintiff's deposition. During the depositon, an issue arose regarding production of documents. As follow up to the deposition, defendant has requested plaintiff produce certain of plaintiff's social media messages, emails, and text...

Excerpt: ...ffs") filed the instant action for seven causes of action: (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) fraudulent concealment; (5) private nuisance; (6) public nuisance; and (7) breach of contract. The Complaint is brought against defendants Dogwood East Village, K&K Property Management, Vacasa LLC, Paul Casares and the Williams Family Trust. Plaintiffs alleged that between February 6, 2020 and February 10, ...

Excerpt: ...grant the motion to strike with ten (10) days leave to amend which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To find that defendants adequately attempted to meet and confer with plaintiffs' counsel, who effectively refused to do so. Explanation: The express basis for the defendants' demurrer is that the complaint and each of its causes of action fail to state sufficient facts to...

Excerpt: ...tion of Los Angeles Superior Court Case Number 20STCV33816. If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: A defendant may make a plea in abatement pursuant to Code of Civil Procedure section 430.10, subdivision (c). This section provides for a demurrer based on "another action pending between the same parties on the same cause of action." (Code Civ. Proc.,...

Excerpt: ... allegations/language must be set in boldface type. Explanation: Demurrer Generally The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his co...

Excerpt: ...rrer that "[tlhe complaint is just stating allegations without one proof, no evidence was given that supports those allegations whatsoever." (See Demurrer at p. 2:4.) However, in deciding a demurrer, "the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) In other words, the court does not concern itself with the issue of plaintiff's...

Excerpt: ...ll new allegations shall be placed in boldface type. Explanation: Housing Authority's Demurrer The Housing Authority of the City of Fresno demurs on the ground that plaintiff fails to plead compliance with the claim presentation requirements. The Complaint alleges that Fresno Housing Authority is a public entity. (See Complaint, 5(a).) Compliance with the claim filing requirements (i.e., Gov. Code, SS 910, 912.4, 912.8 and 945.4) is an essential ...

Excerpt: ...s or implied contract; (2) the claim is for a fixed or readily ascertainable amount of $500.00 or more, measurable by reference to the contract itself and based upon a computation that is reasonable and certain; and (3) not secured by an interest in real property. (Code Civ. Proc., S 483.010(a).) (CIT Group Equipment Financing, Inc. v. Super DVDI (2004) 115 Cal.App.4th 537, 541.) The plaintiff must at least establish a prima facie case. If the de...

Excerpt: ...service of the order by the clerk. Explanation: Second Cause of Action A class-of-one plaintiff, such as is the case here, must allege "that (1) the plaintiff was treated differently from other similarly situated persons, (2) the difference in treatment was intentional, and (3) there was no rational basis for the difference in treatment." (Las Lomas Land Co., LLC v. City of Los Angeles (20439) 177 Cal.App.4th 837, 858.) The City of Fresno ("City"...

Excerpt: ... to amend. Explanation: Demurrer: "The purpose of the [Elder Abuse Act was) essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33; see also Covenant Care, Inc. v. Superior Court (2CN) 32 Cal.4th 771, 787.) "In order to obtain the remedies available in section 15657, a plaintiff must demonstrate by clear and convinci...

Excerpt: ...o, City of Fresno Code Enforcement Division and John Giannetta's demurrer to the Second Amended Complaint, with leave to amend. (Code Civ. Proc. S 430.10, subd. Plaintiffs Bryce D. Hovannisian and Lindsay E. Hovannisian shall serve and file an amended complaint within ten (10) days of the date of service of this order by the clerk. All new allegations shall in boldface. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), ...

Excerpt: ...shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56 did provide some guidance. The court explained that "many federal district courts have applied the 'fair, reasonable, an...

Excerpt: ...y 19, 2023 Tentative Ruling: To grant in part plaintiff's May 3, 2023 motons to compel further responses from Kevin Schwin and SchwinLaw, PC to form interrogatories and requests for production. Defendant Kevin Schwin shall provide further verified responses to Form Interrogatory Nos. 2.5, 16.1, 16.2, and 50.1-6. Defendant SchwinLaw, PC shall provide further verified responses to Form Interrogatory Nos. 16.1, 16.2, and 50.1-6. Defendants Kevin Sch...

Excerpt: ...dards Enforcement (DLSE), which seek certain documents and the names of witnesses against it in the administrative proceeding the DLSE has brought against it for failure to list Covid-19 supplemental leave on its employees' wage statements. Petitioner contends that it needs this information in order to prepare its defense and to avoid unfair surprise at the informal administrative hearing on fts appeal of the citations. Petitioner cites to arovel...

Excerpt: ...It argues that its attorney, Sumair Sandhu, had intended to file a demurrer and/or a motion for change of venue, but another attorney at the defense firm instead mistakenly filed the answer and crosscomplaint. Declarations from both defense attorneys are presented in support of the motion. While the court does not doubt counsels' contention that an excusable mistake was made, and it also agrees with the reply argument that there has been no unrea...

Excerpt: ...serve and file supplemental opposition by the close of business on December 7, 2023. Defendant shall serve and file fts supplemental reply by the close of business on December 15, 2023. The trial date of October 30, 2023 is off calendar. Explanation: Defendant General Motors has moved for summary judgment, or in the alternative summary adjudication of the plaintiffs claims for breach of express and implied warranties under the Song-Beverly Consum...

Excerpt: ...counsel failed to file the motion for class certification by the court-ordered deadline. Defendant also claims that plaintiff has refused to comply with discovery requests, which has forced defendant to file requests for pretrial discovery conferences and motions to compel. Defendant claims to have been prejudiced by plaintiffs' obstruction of discovery and failure to bring a moton to certify the class in a timely manner. In addition, defendant c...

Excerpt: ...iff's request for sanctions. Explanation: This is an action arising out of the alleged sexual abuse of a student, J.L„ by a teacher, David Blancas, at Monson-Sultana Joint Union Elementary School ("MonsonSultana"). Plaintiff alleges that he suffered sexual abuse between the ages of 10 and 13, from 6th to 8th grade. In February 2015 Monson-Sultana filed a motion for summary judgment on the ground that this action is time barred. In response, on ...

Excerpt: ... ascertainable class, (2) of a well-defined community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can ...

Excerpt: ...type. Explanation: Late Filed Reply Defendant filed its reply pa#rs on September 19, 2023, two days before the hearing on these motions. Reply papers must be filed at least five court days before the hearing. Civ. Proc., S The court has discretion to refuse to consider such late filed papers in ruling on the motion. (Cal. Rules of Court, rule 3.13W(d).) The court will not consider the late filed reply. Demurrer The function of a demurrer is to te...

Excerpt: ...ance Corporation are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: The court initially notes defendants Sordi Properties and The La Hacienda Condominiums Maintenance Corporation, erroneously sued as La Hacienda Condominiums Maintenance Group, (collectively "Defendants") failure to demonstrate compliance with Code of Civil Procedure section 430.41, subdivision (a), which requires parties to me...

Excerpt: ...v. Proc„ SS 436, subd. (a); 431.10, subd. (c)), and, as recogn-zed in plaintiff's opposition, it is "[t]he policy of the law [l to construe the pleadings "liberally 'with a view to substantial justice.' (Citation.)" (Opp. at p. 2:27- 28.) It is also well settled that "[o]nce the employer admittedly becomes vicariously liable for the negligent acts of the employee, there is no remaining basis at a future trial to attempt to prove the negligence ...

Excerpt: ...d conditionally under seal (and served as set forth in the Rules). Other particulars required on a motion to seal are set forth in the Rules. The court will not address the merits until the moton is correctly filed and the Rules of Court are properly followed. (See Cal. Rules of Court, Rules 2.550-2.551.) Furthermore, it should be noted that the proposed sealing must be narrowly tailored, since sealing court records conflicts with the First Amend...

Excerpt: ...rocedure. Once a motion to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further monetary sanctions. (Code Civ. Proc. SS 2030.290, subd. (c), 2031.300, subd. Sanctions for failure to comply with a court order are allowed only where the failure was willful. (R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 cal.App.4th 4...