Excerpt: ...y the clerk of the minute order. New allegations/language in the first amended complaint are to be set in boldface type. Explanation: In California, a complaint shall contain a statement of the facts constituting the cause of action, in ordinary and concise language; and a demand for judgment for the relief to which the pleader claims to be entitled. (Code Civ. Proc. 5425.10.) If the recovery of money or damages is demanded, the amount demanded s...

Excerpt: ...nswer showing representation by a licensed attorney. Defendants' default may not be taken during the 14-day leave to amend period. The time in which the answer can be amended will run from service by the clerk of the minute order. Explanation: A California Corporation cannot represent itself in a court action. (Himmel v. City Council of Burlingame (1959) 169 Cal.App.2d 97; Paradise v. Nowlin (1948) 86 Cal.App.2d 897.) Instead, a corporation can a...

Excerpt: ... stating that defendant was served by personal service on 7/29/20 at 7:08 p.m. The POS describes the "person served" as "MOHAMED M. ALOADHI, an indivdual dba Coalinga Market, Middle Eastern, Male, Age: 50, Hair: Black ,Eyes: Brown, Height: 5'7", Weight: 170"." The POS states that defendant was served at 210 EAST ELM AVENUE, COALINGA, CA 93210, which was identified as defendant's "home". Defendant's default was entered on 9/3/20. The request for e...

Excerpt: ... conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the united States." (Code Civ. Proc„ S 1048, subd. (b).) Also, under Code of Civil Procedure section 598, "The court may, when ...

Excerpt: ...gal covenant not to compete. Plaintiff points out that, under Business and Professions Code section "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." (Bus. & Prof. Code, S 16500.) "Section 16500 presently sets out the general rule in California—covenants not to compete are void. '[T]his provision [is] an expression of pu...

Excerpt: ... of fault. (CINIe Civ. Proc., S 473, subd. (b).) To sustain the demurrer to the first, third, and fifth causes of achon with leave to amend, and to sustain the demurrer to the second and fourth causes of action without leave to amend. Civ. S 430.10, subds. (e), Plaintiff is granted 20 days' leave to file the second amended complaint. The time to file the second amended complaint will run from service by the clerk of the minute order. All new alle...

Excerpt: ...jections within 20 days of the service of this order. Monetary sanctons in the amount of $4,520 are ordered in favor of plaintiff and against defendant and its attorney, jointly and severally, payable no later than 30 court days from the date of this order, with the time to run from the service of this minute order by the clerk. Explanation: Plaintiff has moved to compel defendant Saint Agnes Medical Center to provide further responses to special...

Excerpt: ...r arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, shall be valid, irrewcable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. S 2.) "In recognition of Congress' principal purpose of ensuring that private arbitration agreements are enforced according to their terms, we have held that the FAA pre-empts state laws which 'require a...

Excerpt: ...t to Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Documentation as to the amount paid to class members must be filed no later than April 17, 2024. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g), states: "Before final approval, the court must conduct an inquiry into the fairness of the proposed settlement." Sub...

Excerpt: ... (Code Civ. Proc. S 430.10, subd. (e).) Plaintiffs shall serve and file their second amended complaint within 10 days of the date of service of this order. Explanation: First Cause of Action: Defendant Campus Pointe Commercial (CPC) demurs to the first cause of action for breach of contract on the ground that the plaintiffs have failed to state facts sufficient to constitute a valid cause of action. Defendant contends that plaintiffs have failed ...

Excerpt: ...f Fresno Code Enforcement Division and John Giannetta's demurrer to the first amended complaint, with leave to amend. (Code Civ. Proc. S 430.10, subd. Plaintiffs 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 be in boldface. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), and City of Fresno, City of Fresno Code Enforcement Div...

Excerpt: ...To grant the moton to strike, in part, and deny, in part. The alter ego allegations, specifically the allegations at page two, paragraph four, lines 12-19, are striken without leave to amend. The motion to strike the allegations pertaining to the aiding and abet-tng of FEHA violations is denied. (Code Civ. Proc., S 436, subd. (a).) Explanation: Demurrer • Demurrer to the Entire Complaint Ms. Simpson demurs to the entirety of the complaint on th...

Excerpt: ...App.4th 81 (rev. denied).) "Confronted with a request for settlement-only class certification, a district court need not inquire whether the case, if tried, would present intractable management problems for the proposal is that there will be no trial. But other specifications of the rule those designed to protect absentees by blocking unwarranted or overbroad class definitions — demand undiluted, even heightened, attention in the settlement con...

Excerpt: ...eking revocation of the court's March 28, 2023 Law and Mohon Minute Order adopting the tentative ruling on its applications of Chad R. Hutchinson and Mark A. Dreher to appear pro hac vice. The applications were denied without prejudice for failure to timely notify the State Bar of the hearing of the applications and failure to pay the fees to the State Bar. (Cal. Rules of Court, rule 9.40, subds. (c)(l) and Under Code of Civil Procedure section 1...

Excerpt: ... her to discrimination and retaliation on the basis of the medical conditions of plaintiff's mother, Betty Rush ("Rush"). Plaintiff has confirmed through written discovery that she does not have a disability which required accommodation. Therefore, her claims for failure to accommodate and failure to engage in the interactive process are also based on Rush's alleged medical conditions. Motion to Quash Subpoena of Medical Records Defendant seeks R...

Excerpt: ...ation before it can grant preliminary approval of the proposed settlement. 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 Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: "The parties' representatio...

Excerpt: ...rties have not agreed to arbitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) The party moving to compel arbitration bears the burden of proving by a preponderance of the evidence the existence of an arbit...

Excerpt: ...ition of public property. To grant the CitVs motion for summary adjudication of the third crossclaim for property damage brought by Reyes and Melissa Robles. Explanation: Motion as to the Dangerous Condition Claims: The City mcwes for summary judgment as to all of the claims brought by California Automobile Insurance Company, State Farm Mutual Automobile Insurance Company, Kathy Hayden, and Reyes and Melissa Robles in their complaints and cross-c...

Excerpt: ...ding supersedes the original one, which ceases to perform any function as a pleading. Thus, an amended complaint su#rsedes all prior complaints. The amended complaint furnishes the sole basis for the cause of action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. [q] Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior com...

Excerpt: ...o file its answer to the complaint, with the time to from service of the minute order by the clerk. If oral argument is timely requested, such argument will be entertained May 3, 2023, at 3:30 p.m. in Department 403. Explanation: On three separate days in July 2021, plaintiff, a customer of defendant bank's predecessor- in-interest, presented a Euro Check for deposit into his personal checking account: 1) Deposit 1 on July 13, 2021, for €7,000....

Excerpt: ...er $4.7 million. Plaintiff has shown that she suffered special medical damages of over but she only seeks about apparently based on the amount that her insurance company paid for her medical costs. Yet she also admits that her insurance company only has a lien of $3,166.14 for medical costs, so it is unclear why she seeks over $39mo for medical costs. Plaintiff also seeks lost earnings to date of $82,944, plus another $642,815 in future earnings....

Excerpt: ...erified responses without objections within 20 days of the date of service of this order. Explanation: Plaintiffs have moved to compel defendant Foster Poultry Farms to provide further responses to form interrogatories, special interrogatories, and requests for of documents that seek information about all employees of defendant who were employed during the class period as defined by plaintiffs' complaint. Defendant has objected on various grounds...

Excerpt: ...iscovery moot in light of striking defendant's answer. To deny the requests for monetary sanctions. Explanation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately l...

Excerpt: ...pretrial settlement. (Legis. counsel's Dig., Assem. Bill No. 237 (2000—2001 Reg. sess.) 5 stats. 2001, summary Dig., pp. 181-182; cal. Law Revision Com. com., 19 West's Ann. Code Civ. Proc. (2007 ed.) fall. S 1260.040, p. 523.) Secton 1260.040 authorizes a party to an eminent domain action to file a motion requesting a ruling on "an evidentiary or other legal issue affecting the determination of compensation" and provides that the trial court m...

Excerpt: ...e dispute is covered by the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g„ fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l securities corp. (1996) 14 cal.4th 394, 413-414; Hotels Nevada v. L.A. Pacific ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) This case is governed by the F...