Excerpt: ... burden of demonstrating that (1) an alternative forum is available; (2) that said alternative forum is adequate; and (3) that the balance of private and public interest factors tilts heavily in favor of the alternative forum. (Stangvik v. Shiley (1991) 54 Cal.3d 744, 751.) With respect to the first requirement, an alternative forum is “suitable” only if (1) there is jurisdiction over the defendant in the alternate forum; and (2) there is no ...

Excerpt: ...ndants to Strike Tentative Ruling: To grant defendants' motion to strike the first, second, third and fifth causes of action of the Second Amended Complaint (“SAC”). To deny the motion to strike punitive damage allegations. (Code Civ. Proc., § 436, subd. (a), (b).) To sustain the demurrer to the SAC's fourth cause of action, without leave to amend, only as to defendants Sherri Jones, Brandon Price, Emi Komaki, Sara Arad, David Mwangi, Virgin...

Excerpt: .... All new allegations are to be set in bold. Explanation: A demurrer is only used to challenge defects that appear on the face of the pleading under attack, or from matters outside of the pleading that are judicially noticeable. (Code Civ. Proc., § 430.10; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Extrinsic evidence from the pleading otherwise cannot be considered. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.)1 Defendant general...

Excerpt: ... To strike, sua sponte, the Second Amended Complaint filed on February 9, 2021. (Code Civ. Proc., § 436, subd. (b).) Explanation: Meet and Confer. Before filing a demurrer, the demurring party “shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer[.]” (Code Civ. Proc., § 430.41, subd. (a), emphasis added; see also Judicial Council form CIV‐140.) Where the parties are unable to su...

Excerpt: ...chment) causes of action. To grant leave to amend as to the third and fourth causes of action, but no leave to amend as to the sixth cause of action. Explanation: Breach of Bylaws (Second Cause of Action) “Whether a set of bylaws constitutes a contract ‘turns on whether the elements of a contract are present.'” (O'Byrne v. Santa Monica‐UCLA Medical Center (“O'Byrne”) (2001) 94 Cal.App.4th 797, 808, quoting Scott v. Lee (“Scott”) (...

Excerpt: ...t of papers. In the future the moving party must reserve the proper number of motions. Moving party shall pay an additional filing fee of $120.00 to be due and payable to the court clerk within 30 days of service of the minute order by the clerk. (Gov. Code § 70617, subd. (a).) To grant the moving party's motion to compel responses to the Form Interrogatories‐general (set one), Special Interrogatories (set one), and Request for Production of D...

Excerpt: ...led two motions referencing an October 6, 2021 hearing date: (1) motion to vacate the November 17, 2020 order, strike defendant's answer and cross‐complaint, and enter default (filed March 18, 2021), and (2) strike defendant's answer and cross‐complaint, and enter default (filed September 8, 2021). Plaintiff reserved a hearing date for only the second motion1 . Defendant, a corporation that cannot represent itself (Merco Constr. Engineers, In...

Excerpt: ...ions to compel verified responses to form interrogatories ‐ general (set one), special interrogatories (set one), and demand for inspection of documents (set one) moot, as the requested responses appear to have been provided. To grant defendant's motion that the truth of the matters specified in the request for admissions (set one) be deemed admitted unless plaintiff serves, before the hearing, a proposed response to the requests for admission ...

Excerpt: ...bsence of contrary court order, a civil litigant's right to discovery is broad.”].) “In civil litigation, discovery may be obtained from a nonparty only through a ‘deposition subpoena.' [Citation.]” (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127; Code Civ. Proc. § 2020.010, subd. (b).) However, “Discovery procedures are generally less onerous for strangers to the litigation. That is because they are less likely to be r...

Excerpt: ...ber 14, 2021. No reply to the response will be permitted. The Court continues the hearing to October 21, 2021, at 3:30 p.m., in Department 503. Explanation: Background On or about 2006, plaintiffs were hired by the defendant Panoche Water District (“District”) as “canal men.” As such, they operated, maintained, produced, stored, transmitted and distributed water for irrigation, both domestic and industrial purposes. Plaintiffs allege that...

Excerpt: ...rofessional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.” [Citation.]'” (Hanson v. Grode (1999) 76 Cal.App.4th 601, 606.) However, the standard of care against which physicians acts are mea...

Excerpt: ...(Wershba 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 cer...

Excerpt: ... litigation by eliminating needless trials. (Cone v. Union Oil Co. (1954) 129 Cal.App.2d 558, 562.) Summary judgment is permissible in actions for declaratory relief. (Walker v. Munro (1960) 178 Cal.App.2d 67, 70‐71, overruled on other grounds by Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055.) Plaintiffs seek declaratory relief by judicial determination that the commercial general liability policy issued by defendant, for t...

Excerpt: ...ing 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, subd. (a)(1).) “The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counter affidavits filed ...

Excerpt: ...ice by the clerk of the minute order. All new allegations are to be set in boldface type. To overrule defendant's evidentiary objections to Paragraphs 3, 4, 5 and Exhibit B of the Dobbins Declaration and to sustain the objection to Exhibit C. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the o...

Excerpt: ...on a party's motion to vacate a judgment or decree and enter ‘another and different judgment” because either an “[i]ncorrect or erroneous legal basis for the decision, not consistent with or … supported by the facts' or ‘[a] judgment or decree not consistent with or … supported by the special verdict' entitles the moving party to a different judgment.” (In re Marriage of Furie (2017) 16 Cal.App.5th 816, 831.) Plaintiff contends her ...

Excerpt: ...g party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or not any facts have been presented which give rise to a triable issue, and not to pass upon or determine the true facts in the case. (Petersen v. City of Vallejo (1968) 259 Cal.App.2d 757, 775.) The moving part...

Excerpt: ...ompel arbitration with JAMS. Explanation: With a motion to compel arbitration, the moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the 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...

Excerpt: ...default entered against them on December 28, 2020. To grant the motion of defendant Harpal Singh to set aside the default entered against him on January 4, 2021. (Code Civ. Proc., § 473, subd. (b).) Defendants shall file their answer within five (5) days of the clerk's service of this minute order. Explanation: Defendants contend that their defaults were taken as a result of mistake, inadvertence, surprise, or excusable neglect and that the serv...

Excerpt: ...udice, or when separate trials will be conducive to expedition and economy, the court may order a separate trial of any cause of action or of any separate issue, or any number therefrom. (Code Civ. Proc. § 1048, subd. (b).) Such an order may be made on motion of a party, after notice and hearing. (Id. § 598.) Separate trials, in this context, may be referred to as a bifurcation. (See Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 880, 887...

Excerpt: ...rike, without leave to amend, as to request 1 (page 5, paragraph 22), request 2 (page 14, paragraph 81), and request 3 (page 16, paragraph 92). To grant defendant's motion to strike, with leave to amend, as to request 4 (page 16, paragraph 95). Plaintiffs are granted 20 days, running from service of the minute order by the clerk, to file and serve a third amended complaint. All new allegations in the amended complaint are to be set in boldface ty...

Excerpt: ...e).) To grant the motion to strike, with leave to amend. (Code Civ. Proc., § 436, subd. (a).) Plaintiff shall serve and file her third amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface type. Explanation: Demurrer Fourth Cause of Action for Constructive Fraud In ruling on a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that ma...

Excerpt: ...d Motor Company (“defendant” or “Ford”). As a part of that transaction, plaintiff signed a Retail Installment Sales Contract (“RISC”) which contained an arbitration clause. After problems with the vehicle ensued, this “lemon law” action was filed on February 19, 2021, against both Future Ford and Ford. However, plaintiff stated separate causes of action against each defendant. The causes of action stated against Ford are three cau...

Excerpt: ...., § 437c, subd. (q).) Explanation: The ultimate burden of persuasion on summary judgment/adjudication rests on the moving party. The initial burden of production is to show, by a preponderance of the evidence, that it is more likely than not that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) In determining whether any triable issues of material fact exist, the court must strictly constru...

Excerpt: ... bench, petitioners seek to have the court award fees in addition to those that were conferred in the arbitration award that was served July 8, 2020 and that petitioners sought to confirm on February 5, 2021. The petition to confirm the award did not request attorney fees pursuant to the parties' agreement. (Petition to Confirm, filed February 5, 2021, ¶ 10f.) The arbitration award was confirmed and entered as judgment on March 4, 2021. The time...