Excerpt: ...g: To sustain the demurrer of defendants Biltz and Guzman to each cause of action alleged against them for failure to state facts sufficient to constitute a cause of action. To deny leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To grant Biltz and Guzman's motion to strike the allegations and prayer for punitive damages, without leave to amend. (Code Civ. Proc. §§ 435, 436.) To sustain the demurrer of St. Agnes in part, and overrule in...

Excerpt: ...pe. Explanation: “Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. Fairness dictates that a complaint give the defendant sufficient notice of the cause of action stated to be able to prepare the case.” (Leek v. Coop...

Excerpt: ...n 583.410 should not be entered if this paperwork is not submitted by the deadline of January 31, 2020. Explanation: There has been an inordinate amount of delay in this case. The only remaining defendant was defaulted in November 2017, and yet the initial application for entry of judgment was not even presented until April 2018. Then, the delay from the court's denial of the request for default judgment in May 2018,1 until entry of dismissal on ...

Excerpt: ...or, in the alternative, for issue, evidence, and/or monetary sanctions against Plaintiffs Yan Li and Yuqiang Yang as individuals and as successors in interest to Qinsong Yang Tentative Ruling: To grant the motion for an order deeming admitted the truth of facts in Defendants' Request for Admission, Set One, as to Plaintiff Yan Li and to award sanctions in the amount of $495 against Plaintiff Yan Li, payable within thirty (30) days of the date of ...

Excerpt: ...ng sanctions and an order dismissing this case pursuant Code of Civil Procedure §2023.030(d)(3). To grant defendants' motion to compel the plaintiff Mariaelena Galindo's attendance at deposition. Mariaelena Galindo is ordered to attend deposition as rescheduled by defendants, who shall provide plaintiff a minimum of ten days' notice so that she may make arrangements to attend the deposition. To grant defendants' motion for monetary sanctions. CC...

Excerpt: ...r in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. (Code Civ. Proc. § 387; Fireman's Fund Ins. Co. v. Gerlach (1976) 56 Cal.App.3d 299, 303‐305.) The intervention must not enlarge the issues in the case and the reasons for intervention must outweigh any opposition by the existing parties. (Code Civ. Proc. § 387; Truck Ins. Exch. v. Sup.Ct. (1997) 60 Cal.App.4th 342, 346; Reliance...

Excerpt: ...roc. § 430.10.) To strike the second and third amended answers on the court's own motion, as they were improperly filed without leave of court. (Code Civ. Proc. § 472.) To grant leave to amend the answer. Defendant shall file and serve his second amended answer within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: First, the second and third amended answers were both improperly filed b...

Excerpt: ...orth in boldface typeset. Explanation: Defendants Lopez, Garza, Tienda, Molina, Vasquez and Robles (“Moving Defendants”) have filed the present demurrer to Plaintiff's complaint. A general demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A ...

Excerpt: ...cal conditions/injuries. The court also intends to issue a protective order as requested by County Counsel, limiting use of any records that may be disclosed after the court's in camera inspection to the defense team and plaintiffs' team. Any transcripts or copies of the records made by the court shall be placed under seal. The moving party shall contact the department to schedule the in camera review. Explanation: Preliminarily, Evidence Code §...

Excerpt: ... terms of the settlement. (Code Civ. Proc. § 664.6.) Explanation: Under Code of Civil Procedure section 664.6, “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” “If the court determines that the parties entered into an en...

Excerpt: ...488, contains the list of factors for use in determining whether the settlement was made in good faith. These include the following: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs (4) a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial; (5) the ...

Excerpt: ...uld be filed by March 31, 2020, with the final approval hearing set for 3:30 p.m. on April 21, 2020 in this Department. Explanation: 1. CLASS CERTIFICATION a. Standards An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). See also Ne...

Excerpt: ... order, limiting the scope of the subpoenas to the time period from January 1, 2008 to June 3, 2015. (Ibid.) To deny both parties' requests for monetary sanctions against the other. (Code Civ. Proc. § 1987.2.) Explanation: Code of Civil Procedure section 1987.1, subdivision (a) provides: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or ...

Excerpt: ... objections. Objections of Cardiovascular Consultants Heart Center (“CVC”): The objections do not comply with California Rules of Court, rule 3.1354(b). None of the objections are sequentially numbered, and some objections fail to quote or set forth the objectionable statement or material. (Cal. Rules of Court, rule 3.1354(b).) Having reviewed the objections and the material objected to, the objections would be overruled on the merits, as wel...

Excerpt: ...t, or in the Alternative, Motion for Summary Adjudication (filed June 7, 2019) Tentative Ruling: To deny all three motions, in their entirety. Explanation: When defendant filed its first motion, on May 22, 2019, the accompanying declaration from defense counsel, August B. Hotchkin, stated that he “attempted to comply” with the requirements of subdivision (t) of California Code of Civil Procedure section 437c, which allows a party to move for ...

Excerpt: ...son Most Knowledgeable and custodian of records. Plaintiffs' Notice of Deposition identifies 39 matters for examination and 42 categories of documents to be produced. Plaintiffs' Notice unilaterally set the deposition for 7/25/19. On 7/1/19 Plaintiffs requested alternative dates by 7/19/19 if GM and its counsel were not available on the unilaterally chosen date. (Morse Dec. Exh. B). There was some communication about when the deposition would tak...

Excerpt: ...er's fees and costs. Explanation: The property has now been sold and remediated, so there is no longer any need for the receiver to manage the property. Therefore, the court grants the motion to discharge the receiver. (Sly v. Superior Court (1925) 71 Cal.App. 290, 294 [trial court has inherent power to discharge receiver as part of its power of appointment].) Also, the receiver has filed his final report and accounting, which appears to be reaso...

Excerpt: ...new or amended allegations shall be set forth in boldface typeset. Explanation: A general demurrer admits the truth of all material allegations and a court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or ...

Excerpt: ... cases for the proposition that declaratory review of an administrative decision is not allowed. The Legislature disagrees where the decision is to adopt a regulation. The rule for scope of judicial review of the validity of regulations is set forth at Government Code sections 11350‐11350.3. Section 11350(a) states: “Any interested person may obtain a judicial declaration as to the validity of any regulation or order of repeal by bringing an ...

Excerpt: ...87, “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” ...

Excerpt: ... issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant meets that burden by showing that one or more elements of the causes of action cannot be established, or that there is a complete defense thereto. (Code Civ. Proc. § 437c, subds. (p)(2), (o)(2).) Any matter admitted in response to a request for admission is conclusively established against the party making the admission in the pending action and...

Excerpt: ...quests for production of documents, set one. To grant ADM's motion for additional monetary sanctions of $1,750 jointly and severally against RBT and its counsel, Georgeson & Bellardinelli and the Law Firm of Campagne and Campagne, for their continued willful and deliberate failure to comply with this court's prior orders of November 20, 2018 and June 21, 2019 compelling RBT to respond to the document requests. RBT and its counsel shall pay moneta...

Excerpt: ...he motion to strike specifications 2, 4 and 5, without leave to amend. To deny the motion to strike specifications 1, 3, and 6. Defendants shall file their answer to the First Amended Complaint within 10 days of the clerk's service of this minute order. Explanation: Demurrer: “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider ma...

Excerpt: ...fin, M.D. is granted 10 days' leave to file his answer to the complaint, notwithstanding the fact that plaintiffs are given leave to amend the complaint as to other causes of action not stated against defendant Griffin. The time in which the answer can be filed will run from service by the clerk of the minute order. Explanation: Demurrer to 42nd Cause of Action for Intentional Infliction of Emotional Distress by Plaintiff Linda J. Anderson The el...

Excerpt: ...s of action. To sustain the demurrer to the fifteenth and sixteenth causes of action for failure to state facts sufficient to constitute a cause of action, with leave to amend. (Ibid.) Plaintiff shall serve and file his third amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: In his fourth through eighth causes of action, plaintiff alleges claims for slander of title, negl...