Excerpt: ... deny the motion as to the fourth and ninth causes of action. To deny leave to amend as to the first, second, sixth, seventh, and thirteenth causes of action, and to grant leave to amend as to the third and fourteenth causes of action. Plaintiffs shall serve and file their second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Defendants argue that many of plaintiffs' c...

Excerpt: ...te a cause of action. (Code Civ. Proc., §430.10, subd. (e).) The prevailing party is directed to submit to this court, within 7 days of service of the minute order, an Order consistent with this ruling. Explanation: Breach of Contract and Breach of Implied Covenant of Good Faith and Fair Dealing State Farm Mutual Automobile Company (“State Farm”) demurs to the Breach of Contract and Breach of Implied Covenant of Good Faith causes of action b...

Excerpt: ...ery separate type of propounded discovery which is the subject of this motion. See the explanation below for further detail as to what each declaration should include (separate declarations are required only as an aid to the court in analyzing the motion). No additional filings are permitted, by either side, without prior leave of court. On or before July 26, 2021, defendant shall pay to the clerk of the court an additional $60 motion fee, beyond...

Excerpt: ...f Insurance Code section 11580, subdivision (b)(2). A determination of this issue is necessary for purposes of ruling on the motion for summary adjudication as to the first cause of action for violation of Insurance Code section 11580, subdivision (b)(2). The parties must file and serve supplemental briefs on or before July 21, 2021. No reply briefs will be permitted. The hearing will be continued to August 4, 2021. To deny the motion for summary...

Excerpt: ...n: 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); Schachter v. Citigroup, Inc. (2009) 47 Cal.4th 610, 618.) As the moving party, defendant bears the initial burden of proof to show that plaintiff cannot establish one or more elements of her cause of action or to show that there is a complete defense...

Excerpt: ...iled will run from service by the clerk of the minute order. To deny the motion to strike the First Amended Complaint. Explanation: Demurrer A demurrer is made under Code of Civil Procedure section 430.10, and is used to test the legal sufficiency of the complaint or other pleading. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The demurrer admits the truth of all facts properly pleaded by the plaintiffs, as well as those that...

Excerpt: ...uld plaintiff desire to file a second amended complaint, that complaint must be filed within 20 days from the date of service of this order and any new allegations must be in bold print. Defendant's request for judicial notice is denied. Explanation: “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code Civ. Pro...

Excerpt: ...laims, plaintiffs must prove the same elements, namely that (1) defendant owed them a duty of care, (2) defendant breached that duty, and (3) plaintiff suffered damages as a proximate result of the breach. (Castellon v. U.S. Bancorp (2013) 220 Cal.App.4th 994, 998.) In order to prevail on a premises liability claim, plaintiffs must show that defendant owned, leased, occupied, or controlled the subject property. (Contreras v. Anderson (1997) 59 Ca...

Excerpt: ...996) 45 Cal.App.4th 705, 713, quoting § 437c, subd. (c).) To prevail on a motion for summary judgment, it is the moving party's burden to prove there is a complete defense or that plaintiff cannot establish one or more elements of each of his causes of action. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562.).) To show that plaintiff cannot establish his claims, defendant may either (1) affirmatively negate one or more elements of...

Excerpt: ... the Settlement Administrator, by January 10, 2022. Explanation: Certification of Class for Settlement: Settlements preceding class certification are scrutinized more carefully to make sure that absent class members' rights are adequately protected, although there is less scrutiny of manageability issues. (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 ...

Excerpt: ...r punitive damages only. Plaintiff is granted 20 days' leave to amend. The time in which an amended pleading may be filed will run from service by the clerk of the minute order. All new allegations in the amended complaint are to be set in boldface type. Explanation: This case was filed on December 9, 2019. Two causes of action are alleged: (1) negligence; and (2) legal malpractice. Defendant Stephen Labiak now demurs to both causes of action. Ea...

Excerpt: ...t 502. Defendant Hurley's opposition shall be served and filed on or before Thursday, September 9, 2021. Plaintiff's reply shall be served and filed on or before September 17, 2021. Explanation: If the party opposing the motion for summary judgment or adjudication shows by declaration that essential evidence “may exist but cannot, for reasons stated, be presented,” the court shall deny the motion, or continue it for a reasonable period, or �...

Excerpt: ...'s request for judicial notice of Exhibits A through G pursuant to Evidence Code Secs. 452(a), 452(c) and 452(d)(1). To take judicial notice sua sponte pursuant Evidence Code Sec. 452(c) of the postings on the website of the California Secretary of State for the entity known as Valley Cardiac Surgery Medical Corporation. Explanation: Third Cause of Action—Retaliation and Wrongful Termination in violation of Labor Code Sec. 1102.5 Labor Code Sec...

Excerpt: ...ons Code section 17200. To deny defendant's alternative motion to dismiss the twenty‐eighth cause of action. Explanation: Defendant has not cited to any statutory authority or case law that would support its highly unusual motion to enter a judgment against itself. Thus, the motion violates California Rules of Court, rule 3.1113(b), which requires a moving party to include a memorandum of points and authorities with a concise statement of the l...

Excerpt: ...ndant Ford Motor Co.'s objections. None are material to the outcome of the instant motion. Explanation: Defendant Ford Motor Co. (“FMC”) now moves to compel arbitration. It brings the instant motion based on the broad language of the Arbitration Provision that plaintiff signed when she purchased the subject Vehicle. In relevant part, the Arbitration Provision states: Any claim or dispute, whether in contract, tort or statute… between you an...

Excerpt: ...orceable settlement with plaintiff Robert Endara (“Endara”) following mediation. Contending there was never a meeting of the minds and no enforceable agreement, Endara did not accept Shelby's performance and did not dismiss Shelby from the action. Instead of simply moving to enforce the settlement agreement, Shelby filed a separate action for specific performance and breach of contract (Shelby American, Inc. v. Endara, Case No. 20CECG00202), ...

Excerpt: ... agreement with defendant in this PAGA action. “The superior court shall review and approve any settlement of any civil action filed pursuant to this part.” (Lab. Code, § 2699, subd. (l)(2).) Courts have recognized that PAGA does not set forth the appropriate standard for approval of such settlements. (Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1075; Patel v. Nike Retail Services, Inc. (N.D. Cal....

Excerpt: ...ldface type. Explanation: Special Demurrer “[O]bjections that a complaint is ambiguous or uncertain, or that essential facts appear only inferentially, or as conclusions of law, or by way of recitals, must be raised by special demurrer, and cannot be reached on general demurrer.” (Johnson v. Mead (1987) 191 Cal.App.3d 156, 160.) Plaintiff appears to allege that defendant breached the parties' agreement beginning in 2013 because he “refuses,...

Excerpt: ...esire to file a first amended complaint, that must be done within 20 days from the date of this order and any new allegations must be in bold print. Explanation: “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code Civ. Proc., 452.) Furthermore, “[t]his rule of liberal construction means that the reviewing co...

Excerpt: ...ty has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. . . . (c) Unless the court otherwise orders: (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. (2) At any time during the pendency of the...

Excerpt: ...h California Rules of Court, rule 3.1350(b) and (d). Summary Judgment Summary judgment law turns on issue finding rather than issue determination. (Diep v California Fair Plan Ass'n (1993) 15 Cal.App.4th 1205, 1207.) The court does not decide the merits of the issues, but merely discovers, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a ...

Excerpt: ...ties moving for summary judgment carry the burden of production of evidence. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A party who asks a court to act in his or her favor also bears the burden of persuasion. (Evid. Code, § 500). Thus, “from commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as ...

Excerpt: ...cedure, section 473c, subdivision (f)(2), “A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.” (Code Civ. Proc., § 437c, subd. (f)(2).) If a party brings a renewed summary...

Excerpt: ...r on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, wha...

Excerpt: ...rrections and Rehabilitation's (“CDCR”) request to take judicial notice of plaintiff's Department of Fair Employment & Housing Complaint. (Evid. Code., § 452, subd. (c).) To grant CDCR's motion for judgment on the pleadings, without leave to amend. (Code Civ. Proc., § 438.) Defendant CDCR is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the action as to it. To grant the motion...