Excerpt: ...st 11, 2022. Explanation: Code of Civil Procedure section 664.6 provides, in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. (Code Civ. Proc., § 664.6, subd. (a).) Here, the parties have a writing and litigati...

Excerpt: ...uno Lometti because of the default entered against him on July 29, 2021. To deny without prejudice as to defendant American Payroll Outsourcing Inc. because of the dismissal of this party on July 14, 2021. By minute order dated July 8, 2022, the court found that William Reiland is no longer attorney of record for defendant Lometti. Mr. Reiland's suspension and disbarment terminated the attorney‐client relationship by operation of law. (See Civ....

Excerpt: ...of their corporation, Concord Development, Inc. (“Concord”), and are therefore personally liable for Concord's alleged misconduct. The seventh cause of action seeks disgorgement of all money paid to Concord for the project, under the theory that Concord's contractor's license was suspended by operation of law at the time it performed the contract because it failed to obtain workers' compensation insurance for its employees, therefore entitlin...

Excerpt: ...es. Problems with the vehicle ensued, forming the basis of the instant complaint for damages. Plaintiff brought three causes of action against defendant for express and implied violations of warranties afforded through the Song‐Beverly Act. Defendant moves to compel arbitration based on an arbitration clause in a sales contract made between plaintiff and a non‐party, Auto Resources Inc. A trial court is required to grant a motion to compel ar...

Excerpt: ...suant to California Code of Civil Procedure section 1281.2, On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The r...

Excerpt: ...ley LLC (“Dycora”). The moving brief informs the court that plaintiffs and Dycora have resolved plaintiffs' claims made in the third cause of action, but both sides believe that a court order granting a judgment on the pleadings as to the first and second causes of action is needed to “fully resolve this matter for the Parties and the Court.” (Weintraub Decl., ¶ 10.) These causes of action do not ostensibly appear to be stated against Dy...

Excerpt: ...laint is filed. The requirements of the code relating to the time for service of summons are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute. (Code Civ. Proc., § 583.250, subd. (b).) If service is not made in an action within the time prescribed, the action may not be further prosecuted, no further proceedings may be held in the action, and the action must be dismissed by the court on its ...

Excerpt: ...e to show that Cambridge Spa Group had the authority to act on behalf of defendant CSG Holdings CA, LLC in signing the August 17, 2021 substitution of attorney. Defendant submitted a declaration confirming that the party who signed the August 17, 2021 substitution of attorney, Ian Cahn‐Fuller on behalf of Cambridge Spa Group, had the authority to sign the form on defendant's behalf. (See Cahn‐Fuller Decl., filed May 3, 2022, ¶¶ 3‐4.) The ...

Excerpt: ...n: “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 Code Civ. Proc., § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776‐777; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) Accordingly, the California Supreme Court has held that...

Excerpt: ...er responses must to be filed “within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing ….” (Code Civ. Proc., § 2031.310, subd. (c), emphasis added.) The parties agreed to an extension of time up to January 3, 2022 for plaintiff to file her motions to compel further responses. (See Pannell Decl. ¶ ...

Excerpt: ...ation and training; signing off on SIERRA VISTA's policies and procedures and/or employee handbook; confirmation of employment dates, resumes, letters, recommendations, accommodations, or any disciplinary action; any record of discipline, retraining and/or termination related to this case and/or similar types of cases or events. PERSONNEL FILE shall NOT include employee's social security number; wage, salary, and tax information, and any other co...

Excerpt: ...ourt review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Labor Code section 2699(l)(2) [“The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”].) The trial court is to “evaluate a...

Excerpt: ... to the fourth cause of action with leave to amend. To sustain the general demurrers to the sixth through eighth and tenth causes of action with leave to amend. A fourth amended complaint shall be filed and served within 10 days of the clerk's service of this order. Explanation: “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider...

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: ...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: ... 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: ...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: ...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: ...ly construe the moving papers and liberally construe the declarations of the party opposing summary judgment. Any doubts as to whether a triable issue of material fact exist are to be resolved in favor of the party opposing summary judgment/adjudication. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562; see also See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 900 [“Summary adjudication is a drastic remedy and...

Excerpt: ... The time in which the answer can be filed will run from service by the clerk of the minute order. To grant, in part, and deny, in part, the motion to strike. Explanation: Demurrer Slander Per Se With slander per se under the “accusation of crime” category, courts generally find that the offense must be one involving moral turpitude which is indictable or punishable by death or imprisonment. (Cunningham v. Simpson (1969) 1 Cal.3d 301, 307 [ch...

Excerpt: ...tion Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed.” (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) In addition, arbitration is a “ ‘matter of consent, not coercion,' ” and “ ‘a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.' ...

Excerpt: ...ensued, forming the basis of the instant complaint for damages. The complaint alleges six causes of action against defendant FCA US LLC (“FCA US”), and one cause of action against defendant Fresno Chrysler Jeep Inc. dba Clovis Chrysler Dodge Jeep Ram (“Clovis CDJR”) for negligent repair. All of the causes of action against FCA US comprise alleged breaches of Civil Code section 1790 et seq. regarding consumer warranties and fraud by omissi...

Excerpt: ...anced remedies under Welfare and Institutions Code section 15657. (Code Civ. Proc., § 437c, subd. (h).) Explanation: In this case, plaintiff Linda Anderson (“plaintiff”) alleges a series of negligent actions by numerous healthcare providers, commencing with her having knee replacement surgery. From there, she suffered through various complications, many of which she alleges were either caused or worsened by the treatment she received from th...