Excerpt: ...pose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc., §430.41, subd. (a).) A demurring party must file and serve with the demurrer a declaration stating the means by which it met and conferred with the party that filed the pleading subject to demurrer and that the parties did not reach an agreement resolving the objections raised in the demurrer or stating that t...

Excerpt: ...errogatories. Plaintiff is to provide verifications within ten (10) court days of this order. To grant the motion for deemed admissions unless Plaintiff requests a hearing on this tentative and can provide a verification for the responses, or proof that verification has been provided, at the hearing. To deny the request for sanctions. The Court orders Moving Party to pay additional filing fees of $120.00 to be due and payable to the court clerk w...

Excerpt: ... cause of action, with leave to amend. Any amended pleading must be filed and served within 10 days of the clerk's service of this minute order. New allegations must be in boldface typefont. Explanation: Demurrer: General Demurrer: Jurisdiction (Worker's Compensation) Colonial demurs to the first, second and fourth causes of action pursuant to Code of Civil Procedure section 430.10, subdivision (a) on the grounds this court lacks subject matter j...

Excerpt: ...(1)(B).) Here, plaintiffs achieved their litigation objective in this action under the Song‐Beverly Act via the mediation settlement, wherein defendant agreed to pay them $200,000 in damages, including a full statutory “buy‐back” of their vehicle, incidental and consequential damages, and a maximum civil penalty. Thus, they are the prevailing party, and as such they are entitled to attorneys' fees. (Civ. Code § 1794, subd. (d).) The stat...

Excerpt: ...ence in support of the moving party establishes that there is no issue of fact to be tried.” (Buehler v. OregonWashington Plywood Corp. (1976) 17 Cal.3d 520, 526.) The affidavits of the moving party are strictly construed, while those of the opposing party are liberally construed. (Ibid.; Huynh v. Ingersoll‐ Rand (1993) 16 Cal.App.4th 825, 830.) A defendant moving for summary judgment bears the initial burden of making a prima facie showing o...

Excerpt: ...rule the overbreadth objection for all other demands. For Demands Nos. 1, 3, 4, 9, 11, 17, and 21, to order that Zenith produce all documents not identified in a further verified response as subject to the attorney‐ client and/or work product privileges. The identification must be in a further response under oath which identifies each document withheld with its author, date of preparation, all recipients, and the specific privilege claimed. If ...

Excerpt: ...ueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054.) The court finds that what plaintiff filed is the Second Amended Complaint despite plaintiff's attempt to style it as a “supplemental” pleading. It was filed in response to the demurrer, in lieu of opposition. Thus, it will be regarded as an amended pleading for purposes of counting the number of amendments plaintiff is allowed without leave of court pursuant to Code of Civil...

Excerpt: ...allegations of false arrest, planting evidence, fabrication of police reports, fabrication of probable cause, false testimony, perjury, making false arrests, and false or misleading internal reports including but not limited to false overtime or medical reports. Defendant has not shown that records related to complaints of excessive force are relevant to the issues and defenses raised in the present case, so the court will not require such record...

Excerpt: ... plaintiff William Gong's Form and Special Interrogatories, Set One and plaintiff William Gong's Requests for Production, Set One as to Defendant Cristallo Ventures, LLC. Defendant Cristallo Ventures, LLC will provide verified responses to the Form Interrogatories, Set One, Special Interrogatories, Set One and Requests for Production, Set One without objection within 20 days after the clerk's service of this order. To grant the Motion to Deem Req...

Excerpt: .... Rules of Court, Rule 9.40.) Explanation: The Court does not find that Mr. Ibarguen's representation of Defendants by virtue of his representation of Hearst Television, Inc. and Hearst Communications, Inc., constitutes the practice of law in California. Plaintiff offered no authority for this argument. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is n...

Excerpt: ...torney's fees and costs to defendant within 30 days of the date of this order. Explanation: Defendant seeks attorney fees after prevailing on a motion to strike plaintiff's strategic lawsuit against public participation (SLAPP) action. Under Code of Civil Procedure section 425.16, subdivision (c)(1), “in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney&#...

Excerpt: ....300, 2031.300, 2031.310.) Plaintiff is ordered to serve complete verified responses to the discovery set forth above, without objection, within 15 days of the clerk's service of the minute order. To impose monetary sanctions in favor of Defendants E. and R. Lemus, and against Plaintiff. (Code Civ. Proc. §§ 2023.010(d), 2030.290(c), 2030.300(d), 2031.300(c).) Plaintiff is ordered to pay $1,065.00 in sanctions to the Hartsuyker, Stratman & Willi...

Excerpt: ...from the clerk's service of the minute order. New allegations in the amended complaint are to be set in boldface type. Explanation: A complaint must allege ultimate facts stating an actionable claim; simply pleading the evidence by which plaintiff intends to prove his or her case is insufficient. (Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1390; see Code Civ. Proc. §425.10(a)(1).) “Because the insurer...

Excerpt: ...ued to August 28, 2018, at 3:30 p.m. in Dept. 503, to allow the moving party time to engage in additional discovery, as requested. Explanation: A settlement entered into by one or more of several joint tortfeasors may be determined by the court to be in “good faith.” (Code Civ. Proc. §877.6.) To encourage settlement, it is “quite proper for a settling defendant to pay less than [its] proportionate share of the anticipated damages. . . . Wh...

Excerpt: ...ising from a multi‐vehicle collision that took place on April 2, 2016 on I‐70 near Spiceland, Indiana. Plaintiff alleges that its truck was “rear‐ended” by a truck owned by the Defendant causing damages totaling $68,252.95. On September 27, 2017, the Plaintiff filed a motion seeking to serve the Defendant via service of summons upon the Secretary of State on the grounds that CHD Transport, Inc. is a suspended corporation and it had been...

Excerpt: ... alleges that he was physically attacked by yet another resident, Doe 2. Eventually, Plaintiff moved to another care facility. On March 23, 2018, Plaintiff filed a complaint alleging causes of action for elder abuse, negligent hiring and supervision, and assault and battery. On April 19, 2018, Plaintiff filed a motion seeking trial preference. An opposition and a reply were filed. Trial Setting Preference Code of Civil Procedure section 36 states...

Excerpt: ...of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citation.] ‘In the furtherance of justice, trial courts may allow amendments to pleadings and if necessary, postpone trial.... Motions to amend are appropriatel...

Excerpt: ...nt. Explanation: Defendants Strong Holdings, Inc. (erroneously sued as Keller Williams Westland Realty) and Mel Kilner (“Defendant Brokers”) demur to the cause of action for breach of contract contained in the First Amended Complaint based on the Purchase Agreement, attached as Exhibit A to the First Amended Complaint. Defendant Brokers also move to strike the claim for attorney's fees based on the Purchase Agreement. Defendant Brokers' princ...

Excerpt: ...ssor in interest, or the vested owner at the time of the trustee's sale. (Civ. Code §2924k(a)(1)‐ (4).) A declaration signed under penalty of perjury outside of California must state on its face that it is made “under the laws of the State of California.” (Code Civ. Proc. §2015.5; see Kulshrestha v. First Union Commercial Corp. (2004) 33 Cal.4th 601, 606; ViaView, Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 217.) In the case at bench, a tr...

Excerpt: ...est.” Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting. (Evid. Code, § 500.) The burden of producing evidence as to a particular fact is initially on the party with the burden of proof as to that fact. (Evid. Code, § 550, subd. (b).) A claimant of surplus sale proceeds bears the burden of proving his ...

Excerpt: ...e judgment. CCP §989 et seq. The plaintiff must present an affidavit of himself or herself, his or her agent, representative, or attorney attesting that the judgment is in whole or part unsatisfied, and specifying the amount due. CCP §991. The declaration filed on July 26, 2017 never specified the amount due. Further, Code Civ. Proc. §§ 989 et seq. applies only when the alleged joint debtor was named or joined as a party and a joint liability...

Excerpt: ...ees are calculated Petitioner does not clearly explain how the attorney fees are calculated. The court can see by the one fee agreement attached to the petition, and by checking the calculations, that petitioner proposes a fee that is 40% of the settlement. But the petitions should have clearly stated this, preferably in the attorney declarations.  Fee calculated on gross award rather than net The petitions are calculating the fee on the gross...

Excerpt: ... SLAPP statute, defendants need make only a prima facie showing that plaintiff's complaint “arises from” defendant's constitutionallyprotected free speech or petition activity rights as defined in Code of Civil Procedure section 425.16, subdivision (e). (Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 61; Governor Gray Davis Committee v. American Taxpayers Alliance (2002) 102 Cal.App.4th 449, 458‐459; see also...

Excerpt: ...ication Although plaintiff's motion is entitled a motion for preliminary approval of the class action settlement, plaintiff also seeks class certification for the purposes of approving the settlement. Therefore, the court must first determine whether the class should be certified before deciding whether the settlement should be preliminarily approved. “Code of Civil Procedure section 382 authorizes class actions ‘when the question is one of a...

Excerpt: ... v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certifi...