Excerpt: ...To grant plaintiff's motion for terminating sanctions against defendant Carney. (Code Civ. Proc., § 2023.030.) To strike defendant Carney's answer and enter default against him. Explanation: Defendant Castillo's Motion for Reconsideration: A party moving for reconsideration must show that there are “new or different facts, circumstances, or law” that justify reconsideration of the order. (Code Civ. Proc. § 1008, subd. (a).) “A party seeki...

Excerpt: .... 1 and plaintiff Westlands Water District Distribution District No. 2 (collectively, “Westlands”). (Code Civ. Proc., § 860 et seq.) Explanation: 1. General Principles of Validation Actions “A public agency may upon the existence of any matter which under any other law is authorized to be determined pursuant to this chapter, and for 60 days thereafter, bring an action in the superior court of the county in which the principal office of the...

Excerpt: ...f and failed to pay him wages owed. All defendants but NextStep Arthropedix, LLC were dismissed following grant of their motions to quash service of summons. They seek costs as prevailing parties pursuant to Code of Civil Procedure section 1032. “In the absence of a specific Labor Code provision, costs are awarded in employment dispute matters under Code of Civil Procedure section 1032.” (Ling v. P.F. Chang's China Bistro, Inc. (2016) 245 Cal...

Excerpt: ...006, 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, prior to November 2016, the District violated wage and hour laws by not paying them overtime for work over 8 hours a day and/or work over 40 hours a week. On May 10, 2018, plainti...

Excerpt: ...e disputes are 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) 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.) Written Agreement to Arbitra...

Excerpt: ...ith and Raquel Morelos; and (3) Motion to Quash Service of Summons by Defendants Brandi Marie Smith and Raquel Morelos Tentative Ruling: To sustain the general demurrer for failure to state sufficient facts as to the first through seventh and ninth causes of action, with leave to amend. To sustain the special demurrer for uncertainty as to the entire pleading, with leave to amend. To grant the motion to strike as to the entire pleading pursuant t...

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: .... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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...

Excerpt: ...e Civ. Proc., § 437c.) To deem Aladdin's motion for summary adjudication of the eighth cause of action to be a motion for judgment on the pleadings, and to grant the motion without leave to amend for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 438.) Explanation: Plaintiffs have sued Aladdin's Carpet for negligence and negligent infliction of emotional distress after their property was stolen from a sto...

Excerpt: ...summary judgment. (See Collins v. Sutter Memorial Hospital (2011) 196 Cal.App.4th 1, 8.) To prevail on the motion, plaintiffs must show that the order granting the motion for summary judgment was against the law, there was insufficient evidence, the court committed an error of law, or there was an incorrect or erroneous legal basis for the order that was not consistent with and not supported by the facts. (Code Civ. Proc., §§ 657, 663.) Plainti...

Excerpt: ... the complaint may be amended will run from service of the order by the clerk. All new allegations shall be in boldface type. Explanation: “Standing is the threshold element required to state a cause of action and, thus, lack of standing may be raised by demurrer.” (Martin v. Bridgewater Community Assn., Inc. (2009) 173 Cal.App.4th 1024, 1031.) A minor may have standing for a wrongful death cause of action “if, at the time of the decedent's...

Excerpt: ...acate [the arbitrator's] award.” (Code Civ. Proc., § 1285.) “A petition to vacate an award or to correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award on the petitioner.” (Code Civ. Proc., § 1288.) “‘[I]f one wishes to have an award vacated or corrected he must act within onehundred days of service of the award or be precluded from attacking the award.'” (Coord...

Excerpt: ...court may ... in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ....” (Code Civ. Proc., § 473, subd. (a)(1); see also Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776‐777 [strong judicial policy favoring resolution of all disputed matters in one action].) “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as ...

Excerpt: ...ney C. Haron, a professional corporation, in the amount of $1,301.20. (Code Civ. Proc., § 2023.030, subd. (a).) Sanctions must be paid to the Vogl Meredith Burke LLP law firm within 30 days of the clerk's service of the minute order. Explanation: Motion to Compel Plaintiff's Deposition Code of Civil Procedure section 2025.450, subdivision (a) states that, “[i]f, after service of a deposition notice, a party to the action ... without having ser...

Excerpt: ...s to this defendant, a dismissal of the other common counts must be filed and a judgment submitted within 10 days of notice of the ruling. Notice runs from the date that the minute order is served by the court, plus five days for service via mail. (Code Civ. Proc., § 1013.) Explanation: On December 23, 2020, plaintiff filed a Judicial Council form complaint alleging common counts for “open book account,” “account stated in writing,” “m...

Excerpt: ...ses of action. Plaintiff shall serve and file his second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: First and Second Causes of Action – Breach of Written and Oral Contract: In its order sustaining the demurrer to the original complaint, the court noted that plaintiff had alleged that there was a written agreement, but did not attach it to the complaint. Plaintiff...