Excerpt: ...precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action…or of any separate issue or of any number of causes of action or issues.” (Code Civ. Proc., �...

Excerpt: ... fifth, sixth, eighth and ninth causes of action of the Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) To sustain the demurrer of defendant Jennings to the entire Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) In the event a timely request for oral arg...

Excerpt: ...days' leave to file a first amended complaint. The time in which the complaint may be amended will run from service of the order by the clerk. All new allegations shall be placed in boldface type. Explanation: The complaint alleges two causes of action against the City of Fresno for premises liability and general negligence based on plaintiff's alleged trip on a raised section of concrete sidewalk at 9th Street and Grand Ave. in the city of Fresn...

Excerpt: ...defendant's failure to demonstrate compliance with Code of Civil Procedure section 439, subdivision (a), which requires defendant to meet and confer prior to filing a motion for judgment on the pleadings. The parties must engage in good faith meet and confer, in person or by telephone. (Code Civ. Proc. § 439, subd. (a).) The court's normal practice is to take such motions off calendar, subject to being re‐calendared once the parties have met a...

Excerpt: ...t does not resolve the issues, defense counsel shall file a declaration, on or before February 10, 2023, stating the efforts made. Explanation: Defendant did not satisfy the requirement to meet and confer prior to filing the demurrer and motion to strike. Code of Civil Procedure sections 430.41 and 435.5 make it very clear that meet and confer must be conducted “in person or by telephone.” (Id., subd. (a) as to both.) Sending written communic...

Excerpt: ... file a Notice of Related Case in the Los Angeles Superior Court Case Number 20STCV33816 or submit proof that such has already been filed. Explanation: Misjoinder of Parties Code of Civil Procedure section 389 articulates when a nonparty must be joined to the action. A person is a necessary and indispensable party where 1) complete relief cannot be obtained in the nonparty's absence, 2) the nonparty claims an interest relating to the subject of t...

Excerpt: ...on for failure to state facts sufficient to state a cause of action and uncertainty. (Code Civ. Proc., § 430.10, subd. (e), (f).) To sustain, with leave to amend, De La Pena's demurrer to the second cause of action for failure to state facts sufficient to state a cause of action (Code Civ. Proc., § 430.10, subd. (f).) To overrule De La Pena's demurrer to the first, fourth, fifth, sixth and eighth causes of action. To overrule FAIHP's demurrer t...

Excerpt: ...st Amended Complaint are to be set in boldface type. Explanation: Demurrer to the First Cause of Action for Breach of Contract Defendant demurs to the first cause of action for breach of contract on the grounds that the Complaint fails to state facts sufficient to constitute a cause of action. “A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorp...

Excerpt: ... Wednesday, March 1, 2023 at 3:30 p.m. in Dept. 502. The deadline for plaintiff and defendant to file supplemental briefing is Friday, February 3, 2023. The briefs shall be no longer than ten pages in length. Explanation: “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Pr...

Excerpt: .... Defendant Rudy Holguin is ordered to serve verified responses, without objections, to plaintiff Sylvia Kissing's Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. To impose monetary sanctions in favor of plaintiff Sylvia Kissing, and against defendant Rudy Holgui...

Excerpt: ...ce to support the requested amount of fees and costs. (Code Civ. Proc. § 405.38.) Explanation: Under Code of Civil Procedure section 405.30, any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “Evidence or declarations may be filed with the motion to expunge the notice. The c...

Excerpt: ...mez, Stella Villagomez, and All Ag., Inc., for the time period from 2006 to 2022; and transactions involving Villagomez Farms, Inc., for the time period from 2006 to 2022. To deny both parties' requests for monetary sanctions against each other. Explanation: Under Code of Civil Procedure section 1987.1, If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things befo...

Excerpt: ...sses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to av...

Excerpt: ...ode of Civil Procedure section 425.16, on the ground it is a strategic lawsuit against public participation (SLAPP) action. To grant defendant's request for attorney's fees and costs, in the amount of $1,800 in fees and $503 in costs. (Code Civ. Proc. § 425.16, subd. (c)(1).) Plaintiff shall pay fees and costs to defendant within 30 days of the date of service of this order. To overrule defendant's demurrer as moot in light of the ruling on the ...

Excerpt: ... at 3:30 p.m. in Dept. 502 Explanation: 1. Fair, Adequate, and Reasonable Settlement The court “bears the responsibility to ensure that the recovery represents a reasonable compromise, given the magnitude and apparent merit of the claims being released, discounted by the risks and expenses of attempting to establish and collect on those claims by pursuing litigation. The court has a fiduciary responsibility as guardians of the rights of the abs...

Excerpt: ..., 2023 at 3:30 p.m. in Dept. 502 Explanation: 1. Fair, Adequate, and Reasonable Settlement The court “bears the responsibility to ensure that the recovery represents a reasonable compromise, given the magnitude and apparent merit of the claims being released, discounted by the risks and expenses of attempting to establish and collect on those claims by pursuing litigation. The court has a fiduciary responsibility as guardians of the rights of t...

Excerpt: ...The new amendments shall be in bold print. Should plaintiff elect not to amend, defendants shall file responsive pleadings within twenty (20) days from the date of this order. The demurrer is overruled in all other respects. Explanation: In deciding a demurrer, the test is whether the 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...

Excerpt: ...tween the parties. (Code Civ. Proc., § 452.) The allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) As an initial matter, the court notes that, notwithstanding the breadth of the request stated in the Notice of Motion, defendant's memorandum of points and authorities only actually makes arguments regarding the request to strike the prayer for punitive dama...

Excerpt: ...t”) is a Little Caesars Pizza franchisee. Tenant assumed a lease entered into on August 18, 2003 for 1,265 square feet in Landlord's retail shopping center. The Lease includes the following provision at Section 26.09: … at any time during the term of this Lease, upon at least thirty (30) days prior written notice to Tenant (“Notice of Relocation”), Landlord may require Tenant to relocate to another leased space within the Shopping Center ...

Excerpt: ...admitted and compelling defendant's responses to plaintiff's Form Interrogatories, Set One, and Request for Production of Documents, Set One. The requests for monetary sanctions made by both parties are denied. Explanation: Notice Defects: Proof of service by mail may be made by either an affidavit or certificate “setting forth the exact title of the document served and filed in the cause…” (Code Civ. Proc., §1013a, subds. (1)‐(4), empha...

Excerpt: ...file an undertaking, in the amount of $50,000, under Code of Civil Procedure section 1030. Section 1030, subdivision (a), states, When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action o...

Excerpt: ...n to quash a subpoena requiring production of documents. If a subpoena requires … the production of books, documents, or other things … at the taking of a deposition, the court, upon motion … may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriat...

Excerpt: ...isappropriated. (Code Civ. Proc. § 2019.210.) Plaintiff is ordered to file a notice of compliance no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. To deny plaintiff's motion for an order compelling responses to request for production of documents. (Coder Civ. Proc. § 2031.300.) Explanation: Defendants' Motion for Protective Order Defendants seek a protective order directing ...

Excerpt: ...bid.) Defendant shall pay sanctions to plaintiff's counsel within 30 days of the date of service of this order. Explanation: Under Code of Civil Procedure section 1281.97, subdivision (a), “In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees...

Excerpt: ... has succeeded in stating a cause of action – the court does not concern itself with the issue of the plaintiff's possible difficulty or inability in proving the allegations of their complaint. (Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572; Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) The complaint is liberally construed, which “means that the reviewing court draws inferences favorable to the plaintiff, not the defendant...