Excerpt: ...East Olive Avenue, Fresno, APN 451‐ 265‐‐3 ("Parcel"), which encompasses the premises operated as a restaurant and brewery by J&A known as Sequoia Brewing Company (777 and 779 East Olive, hereinafter "Premises"). Church's sole cause of action is for specific performance of the “Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate” (“PSA”) between Church and Tower, entered into in September 2020. The PSA as a...

Excerpt: ...utral 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' representation of an uncontested motion for class certification does not relieve the Court of the duty of determining whether certification is appropriate.”) “Confronted with a request for settlement‐only class certific...

Excerpt: ...djudication as to the issue of the fraudulent transfer exception to the general rule of successor nonliability in favor of defendant Lummus Corporation. To deny summary adjudication on all other grounds. Explanation: On October 21, 2019, plaintiff filed the instant action for products liability. Plaintiff is an insurance company who paid out benefits on a worker's compensation policy regarding an injury to an insured's employee, Gabino Orrostieta...

Excerpt: ...n their claims for violation of the California Superfund Act (also known as the Carpenter‐Presley‐Tanner Hazardous Substances Account Act or the HSAA), nuisance, trespass and declaratory relief because there is no evidence that Delta or Cordes ever released hazardous substances onto the property when they operated the dry cleaning business there. They note that plaintiffs' discovery responses do not point to any direct evidence showing that d...

Excerpt: ...'s stipulated order regarding disclosure of expert materials. (Code Civ. Proc. § 2023.030.) Plaintiff shall pay monetary sanctions to defendant Vantage within 30 days of the date of service of this order. Additionally, plaintiff will be responsible for the cost of the second deposition of its expert which includes expert fees, court reporter fees and reasonable attorney's fees. Explanation: “The Civil Discovery Act imbues trial courts with ‘...

Excerpt: ... . . .” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are “allowable as costs under Section 1032” when they are “authorized by” either “[c]ontract,” “[s]tatute,” or “[l]aw.” Here, both the Loan Agreement (the subject of the first cause of action) and the Guaranty (the subject of the Second Cause of Action) provide for attorney's fees. Debtor hereby agr...

Excerpt: ...s . . . .” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are “allowable as costs under Section 1032” when they are “authorized by” either “[c]ontract,” “[s]tatute,” or “[l]aw.” Here, the lease agreement between the parties, attached as Exhibit 1 to the complaint, provides for attorney's fees: 18.16 Attorney Fees. If either Landlord or Tenant institutes...

Excerpt: ...states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. ‘[W]e are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory.'” (Quelimane ...

Excerpt: ...days […] before the hearing.” (Code Civ. Proc., § 1005, subd. (b).)” Here, as the moving party points out, plaintiff untimely filed her opposition on June 2, 2022, eight court days before the hearing, and did not serve her opposition until June 6, 2022, six court days before the hearing. The moving party does not waive proper service. “No paper may be rejected for filing on the ground that it was untimely submitted for filing. If the cou...

Excerpt: ...ended complaint within twenty (20) days of the date of service of this order. All new allegations shall be in boldface. To grant the motion to strike the prayer for exemplary damages. Explanation: Plaintiff filed the instant complaint against defendant on seven causes of action: (1) disparate treatment based on race, color, national origin and ancestry; (2) hostile work environment harassment directed at plaintiff based on race, color, national o...

Excerpt: ... ..” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are "allowable as costs under Section 1032" when they are "authorized by" either "Contract," "Statute," or "Law." Here, the lease agreement between the parties, attached as Exhibit 1 to the Complaint provides for attorney's fees: 18.16 Attorney Fees. If either Landlord or Tenant institutes any action or proceeding against...

Excerpt: ... ..” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1033.5 provides, in subdivision (a)(10), that attorney fees are "allowable as costs under Section 1032" when they are "authorized by" either "Contract," "Statute," or "Law." Here, the lease agreement between the parties, attached as Exhibit 1 to the Complaint provides for attorney's fees: 18.16 Attorney Fees. If either Landlord or Tenant institutes any action or proceeding against...

Excerpt: ... to this court, within five (5) days of service of the minute order, a proposed judgment consistent with the court's summary judgment ruling. Explanation: A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) “The moving party bears the burden of showing ...

Excerpt: ...vil Procedure section 877.6, “[a]ny party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐ obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc. § 877.6...

Excerpt: ...rsonal injury action arising out of an auto accident allegedly caused by defendant James Hinson, a defendant California Department of Transportation employee. The complaint alleges a single cause of action for motor vehicle negligence. The Judicial Council form complaint checks boxes indicating that plaintiff is required to comply with a claims statute and has complied. (Complaint ¶ 9(a).) Defendants move for summary judgment on the ground that ...

Excerpt: ...omplaint for damages. Plaintiffs brought two causes of action against defendant ‐ for express and implied violations of the SongBeverly Act regarding warranties. Compel Arbitration Defendant moves to compel arbitration on an arbitration clause in a sales contract made between plaintiffs and a non‐party, Selma Honda. A trial court is required to grant a motion to compel arbitration “if it determines that an agreement to arbitrate the controv...

Excerpt: ...mpel further responses to the special interrogatories, set one, numbers 14, 42, 43, 45 and 57. To deny the motion to compel further responses to interrogatories numbers 40, 41 and 44. (Code Civ. Proc. § 2030.300.) To grant plaintiff's motion to compel further responses to form interrogatories, set one, number 12.1. (Code Civ. Proc. § 2030.300.) To grant plaintiff's motion to compel further responses to document requests, set one, numbers 1, 3, ...

Excerpt: ...nd 3.1113.) The brief in support of the motion is 46 pages long, which is about three times the page limit for points and authorities briefs. (Cal. Rules of Court, rule 3.1113(d).) Plaintiff's brief also does not contain any cognizable legal argument or citations to authorities that would support his contentions. It is simply a copy of the second amended complaint with random citations to documents and deposition testimony, without any explanatio...

Excerpt: ...in order to continue litigating the present action. (Code Civ. Proc., § 391.1.) The 30‐day time limit will run from the service of the minute order by the clerk. (Code Civ. Proc., § 1013, subd. (a).) This action is stayed pending proof that such security has been furnished, and if no security is posted within the time allowed, the case shall be dismissed by the court upon ex parte application therefor by defendants. (Code Civ. Proc., § 391.4...

Excerpt: ...quests are waived due to the failure to serve timely responses. Plaintiff and defendant Central California Ear Nose & Throat Medical Group shall meet and confer in a good faith effort to resolve the discovery disputes. If the discovery disputes are not resolved, plaintiff shall file a separate statement of items in dispute for each motion. A meet and confer declaration, the separate statement, supplemental opposition and reply papers shall be fil...

Excerpt: ...h causes of action identified below. Any amendments shall be in bold print. Explanation: Judgment on the pleadings “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; see also Templo v. State of Calif. (2018) 24 Cal.App.5th 73...

Excerpt: ...settlement through prior hearings, each with its own filings. The settlement here generally meets the standards for fairness, and the class has approved it, with no objections, opt‐ outs or disputes. Only one of 197 notices were undeliverable. The court finds that the method of notice followed, which this court approved at the prior hearing, comports with due process and was “reasonably calculated to reach the absent class members: “Individ...

Excerpt: ...ge Point Finance, LLC's demurrer to the second, seventh and eighth causes of action, with leave to amend. To overrule on all other grounds. Plaintiff shall serve and file his amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiff filed the operative verified First Amended Complaint (“FAC”) against defendant Karen Aminian for eight causes of action: (1) brea...

Excerpt: ...ision is made by the administrator in the probate proceeding to accept or reject plaintiff's creditor claim. Plaintiff is granted 20 days' leave to file a First Amended Complaint. The time to file such pleading will run from service by the clerk of the minute order. All new allegations in a First Amended Complaint are to be set in boldface type. Explanation: Demurrer to the First Cause of Action for Breach of Contract: Defendants Morris S. Srabia...

Excerpt: ...nting verified responses from defendant RJMS Corporation DBA Toyota Material Handling of Northern California to form interrogatories, sets one and two, special interrogatories, set one, and request for production of documents, set one, moot in light of the service of verifications on May 20, 2022. To deny the motion for an order deeming matters in requests for admission be admitted by defendant RJMS Corporation DBA Toyota Material Handling of Nor...