Excerpt: ...Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (20 U.S.T. 361), and service on ABIC through Akebono Brake Corporation (“ABC”), a Michigan corporation, is improper. Without valid service of summons, the court never acquires jurisdiction over a defendant. Thus, the statutory ground for the motion to quash is that the court lacks jurisdiction over the defendant. (Code Civ. Proc., § 418.10, subd. (a)(1).) “When ...

Excerpt: ...ment 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 initial burden of production to make a prima facie showing of the “nonexistence of any triable issue of...

Excerpt: ... adjudication as to one or more causes of action within an action . . . if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action . . . . A motion for summary adjudication shall be granted only if it completely disposes of a cause of action.” Subdivision (p)(1) addresses summary adjudication when sought by the plaintiff: “A plaintiff . . . has met his or her burden of showing that...

Excerpt: ...cy limit settlement with plaintiff was in good faith pursuant to Code of Civil Procedure sections 877 and 877.6. Defendants Jorawar Singh Nagra and Amandeep Singh dba Handi Stop Mini Mart (“Handi Stop”) filed this motion opposing the settlement. Vasquez argues that the opposing parties fail to meet their burden to provide admissible evidence establishing lack of good faith. However, on a contested motion it is still the settling party's burde...

Excerpt: ... that arises out of the same incident that led to plaintiffs' decedent's death. He contends that it would constitute a violation of his Fifth Amendment rights to have to choose between testifying in the civil case to defend himself and potentially incriminating himself, or remaining silent in the civil case and potentially being subjected to civil sanctions in order to avoid incriminating himself. An application for a stay is addressed to the sou...

Excerpt: ... (Code Civ. Proc., §§ 598, 1048, subd. (b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 503‐504; see also Cook v. Superior Court (1971) 19 Cal.App.3d 832, 834 [where evidence on one issue overlaps with evidence on another issue, it is appropriate to deny bifurcation].) The California Supreme Court has rejected the contention that “broad discovery in [Private Attorney General Act (“PAGA”)] actions should be limited unti...

Excerpt: ...defendants Judge Harrell, Judge Alvarez and Judge Simpson's demurrer to plaintiff's first amended complaint without leave to amend. (Code Civ. Proc., § 430.10, subd. (a).) To find moot defendant Judge Gamoian's demurrer to plaintiff's first amended complaint. To deny plaintiff's motion. Explanation: Defendants Judge Harrell, Judge Alvarez and Judge Simpson's Demurrer to Plaintiff's First Amended Complaint Subject Matter Jurisdiction. No specific...

Excerpt: ...the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this determination, courts usually follow a three‐ prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movant's favor; and determining whether the opposition demonstrates the existence of a triable issue of ma...

Excerpt: ...pple 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 certified for se...

Excerpt: ...t; David Lincoln and Cheryl Lincoln, Trustees of the David and Cheryl Lincoln Living Trust; Brent A. Davis, Davis & Davis Distributors; Davis Equipment, Inc. erroneously sued herein as Davis Road Oil & Equipment, Inc.; and Davis & Davis Distributors No. 2, Inc. Plaintiff is granted 10 days' leave to file a Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type....

Excerpt: ... service by the clerk of the minute order. All new allegations in the amended complaint are to be set in boldface type. Explanation: Amended Complaint “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading ….” (Code Civ. Proc. § 473, subd. (a); see also, § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 13...

Excerpt: ...g a cause of action asserted in a cross‐complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.” Code of Civil Procedure section 598 provides in pertinent part as follows: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigat...

Excerpt: ...ant within 30 days of the date of mailing of this order. Explanation: Any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge a 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 court may permit evidence to be received in the form of oral testimony, and...

Excerpt: ...ant Carney also remains liable for all previously imposed sanctions. Defendant Carney shall serve and file his answer to the first amended complaint within 10 days of the date of service of this order. Defendant Carney's attorney shall pay attorney's fees within 30 days of the date of service of this order. The court also admonishes defendant Carney that any further failure to comply with this court's orders may result in the court granting termi...

Excerpt: ...order shall be filed in each case sought to be consolidated. (Cal. Rules of Court, rule 3.350(c).) Explanation: Plaintiffs Krystalynn Sullivan and Dustin Culbert move to consolidate two actions for trial purposes, namely Sullivan, et al. v. Fire Insurance Exchange, et al., Superior Court Case No. 18CECG03812 (the “Sullivan Action”) and Funez v. Fire Insurance Exchange, et al., Superior Court Case No. 19CECG02755 (the “Funez Action”). “C...

Excerpt: ...e, moot. To grant the motion to compel responses to request for production of documents, set one. Plaintiff shall provide verified responses to the request for production of documents, set one, without objections, and shall make responsive documents available, within 20 days of service of this order. To impose monetary sanctions in favor of defendant Osborn, and against plaintiff and his attorney of record, jointly and severally, in the amount of...

Excerpt: ...file the Second Amended Complaint if he wishes to amend the second cause of action. New allegations/language must be set in boldface type. If plaintiff chooses not to amend the second cause of action by that date, then defendant is granted until Friday, July 9, 2021, to file her answer to the First Amended Complaint. Explanation: Defendant demurs to each cause of action. The demurrer is technically deficient, in that it initially states it is bro...

Excerpt: ...).) Explanation: The summary judgment procedure “is drastic and should be used with caution.” (Buehler v. Oregon‐Washington Plywood Corp. (1976) 17 Cal.3d 520, 526.) Accordingly, the affidavits of the moving party are strictly construed, while those of the opposing party are liberally construed. (Huynh v. Ingersoll‐Rand (1993) 16 Cal.App.4th 825, 830.) “[A]ny doubts as to whether summary judgment is proper should be resolved against the...

Excerpt: ...ainst them. (Code Civ. Proc. § 437c.) Explanation: Eva Airways and Mercury Air Cargo's Motions: The court intends to grant summary judgment in favor of defendants Eva Airways and Mercury Air Cargo as to the plaintiff's entire complaint, as plaintiff executed a general release that released all of its claims as to everyone other than Panalpina, Inc. Therefore, plaintiff cannot prevail on its claims as to Eva and Mercury. In General Motors Corp. v...

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.) ...