Excerpt: ...end granted. Should plaintiff desire to file a Second Amended Complaint, that must be done within 20 days from the date of this order and any new allegations must be in bold print. If plaintiff does not file a Second Amended Complaint within the allotted time period, defendant shall file an Answer to the First Amended Complaint within 30 days from this order. Explanation: Demurrer General Standard of Ruling “In the construction of a pleading, f...

Excerpt: ...ted with a proposed order granting the preliminary injunction within five (5) days of this order. (Cal. Rules of Court, rule 3.1150(f).) To take judicial notice of the existence of the documents contained in defendant's request for judicial notice. (Evid. Code, § 452, subd. (d).) Explanation: The general purpose of such an injunction is the preservation of the status quo until a final determination of the merits of the action.” (Continental Ba...

Excerpt: ...e based on the party's health: In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (Emphasis added.) Rather, th...

Excerpt: ...ire driveway and front yard of the subject property came off or out of its railing as it was being closed, causing it to fall into the yard where plaintiff was walking toward the house, injuring her. The subject property was initially purchased by Win Chan and Yu Chan in early 2009 and was transferred to their business entity, Chan's Property, LLC, in or around 2015, so it was the owner at the time of the accident. The property has been rented to...

Excerpt: ...ust be done within 20 days from the date of this order and any new allegations must be in bold print. If plaintiff does not file a second amended complaint within the allotted time period, defendant shall file an answer to the first amended complaint within 30 days from this order. Explanation: Demurrer to Cause of Action Three: Fraudulent Inducement ‐ Concealment Defendant demurs on the grounds that the first amended complaint's cause of actio...

Excerpt: ... clerk of the minute order tied to this ruling. New allegations in a Third Amended Complaint are to be set in boldface type. Explanation: Demurrer, in General A demurrer tests only the legal sufficiency of the pleading. (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 47.) The pleading is adequate if it apprises the defendant of the factual basis for the plaintiff's claim. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.) ...

Excerpt: ...int. All new allegations in the amended complaint are to be set in boldface type. Explanation: Defendant FCA US LLC (“FCA”) demurs to the sixth cause of action for fraudulent inducement – concealment on the grounds that it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Statute of Limitations FCA contends that the cause of action is barred by the applicable statute of limitations. Th...

Excerpt: ... will be dismissed with prejudice as to defendant California Home For The Aged, Inc. dba California Armenian Home. Explanation: On November 6, 2019 defendant served on plaintiff Special Interrogatories, Form Interrogatories, Demand for Production of Documents, and Request for Admissions. Plaintiff served only boilerplate objections to each. Plaintiff did not meet and confer, and filed no response to defendant's Request for Pre‐Trial Discovery C...

Excerpt: ...f their dormant mineral rights, contending that plaintiff has failed to state facts sufficient to constitute a cause of action under Civil Code section 883.210, et seq. Pursuant to section 883.210, “The owner of real property subject to a mineral right may bring an action to terminate the mineral right pursuant to this article if the mineral right is dormant.” (Civ. Code, § 883.210.) Also, under section 883.220, For the purpose of this artic...

Excerpt: ...f's pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545) The test is whether 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 the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) In assessing the sufficiency of the complaint against the demurrer, we treat the dem...

Excerpt: ...omplaint. All new allegations in the amended complaint are to be set in boldface type. Explanation: Second Cause of Action – Negligent Infliction of Emotional Distress (NIED) Defendants demur to plaintiff Naomi Hendrix's cause of action for negligent infliction of emotional distress (NIED) on the grounds that the second amended complaint (SAC) fails to allege facts sufficient to state a cause of action. Specifically, defendants contend that the...

Excerpt: ...n for Terminating Sanctions Code of Civil Procedure section 2023.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery ...

Excerpt: ...se of action (false light). The court also strikes paragraphs 9, 11, and 12 from the “Background Allegations” section. (First Amended Complaint (“FAC”), p. 4.)1  To deny as to the entire second cause of action (fraud).  To grant as to part of the third cause of action (negligence), striking paragraph 27. (FAC, p. 7). The motion is denied as to the remainder of this cause of action.  To grant as to part of the fourth cause of acti...

Excerpt: ...: Under Code of Civil Procedure section 1710.40, a judgment debtor may move to vacate a sister‐state judgment against it that has been registered or domesticated in California. “A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment. . . .” (Code Civ. Proc., § 1710.40, subd. (a).) “The judgment is subject to challenge on a variety of ground...

Excerpt: ...rrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014.) The court intends to find that $2.50 per page is a reasonable rate to charge for the transcript. The court also intends to find that plaintiff is not required to pay for additional services and materials such as “production and archival,” “condensed transcript,” “delivery of hard copy of original or certified copy,” and “deposition technology package” if he h...

Excerpt: ... is not the test and information unless privileged, is discoverable if it might reasonably lead to admissible evidence. These rules are applied liberally in favor of discovery, and (contrary to popular belief), fishing expeditions are permissible in some cases.” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546, internal citations omitted.) The subject deposition subpoena contains twelve categories mostly pertaining to J.D. Heiskell ...

Excerpt: ...National Carriers, Inc., is modified as follows: “Application for employment, including but not limited to documents received from prior employers excluding any personal financial or medical information of Michael Alexander Gomez, incident reports, driver training records, driver evaluations excluding Department of Transportation drug and alcohol test information, driver history, license history, and all documents regarding termination of emplo...

Excerpt: ...o cause of action three. To deny cross‐complainant Usman Javed's Motion for Summary Adjudication to the Cross‐Complaint. Explanation: A defendant moving for summary judgment meets its burden of showing that a cause of action has no merit by establishing that one or more elements of the cause of action cannot be established. (Code Civ. Proc., § 437c; see also Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 286.) Here, de...

Excerpt: ...l Response to Request for Production of Documents, Set Four, against Plaintiff Pedro Alonso‐Ifil and for Related Sanctions, by Defendant Greyhound Lines, Inc. (4) Motion to Deem Admissions, Set One, Admitted against Plaintiff Pedro Alonso‐Ifil and for Related Sanctions, by Defendant Greyhound Lines, Inc. Tentative Ruling: To grant all four motions. To impose monetary sanctions against plaintiff Pedro Alonso‐Ifil, in the amount of $ 1,430. (...

Excerpt: ... 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.) In this case, plaintiff Lori Calwile signed an arbitration agreement on behalf of decedent Marilyn Leach. Plaintiffs dispute that the arbitration agr...

Excerpt: ...uant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.” In addition, under Government Code section 53511, subdivision (a), “A local agency may bring an action to determine the validity of its bonds, warrants, contracts, obligations or evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.” Pursuant to Code of Civil Pro...

Excerpt: ...ion obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code.” Evidence Code section 1043 requires a noticed motion which identifies the records sought, and “affidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litiga...

Excerpt: ...tent with this order within 10 days of service of this order. Explanation: Defendant first moves for summary judgment or adjudication of the wrongful death claim on the ground that it did not breach the standard of care or cause plaintiffs' decedent's death. “The standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and...

Excerpt: ...tent or results of any arbitration handled under this agreement without the prior written consent of all parties.” To stay the court action pending resolution of the arbitration. Explanation: The moving party must prove by a preponderance of the evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396‐397, 399‐400; Graphic Arts Int'l Union v. ...

Excerpt: ...ings: (1) The party 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 pend...