Excerpt: ...post a bond on the ground that plaintiff is a vexatious litigant and “there is not a reasonable probability that he will prevail in the litigation against the moving defendant.” Plaintiff clearly was deemed a vexatious litigant. The question is whether plaintiff has a reasonable likelihood of prevailing. The court is not bound to assume the truthfulness of the vexatious litigant's complaint. It may weigh the evidence presented on a motion to ...

Excerpt: ...pe. Explanation: “Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. Fairness dictates that a complaint give the defendant sufficient notice of the cause of action stated to be able to prepare the case.” (Leek v. Coop...

Excerpt: ...g: To sustain the demurrer of defendants Biltz and Guzman to each cause of action alleged against them for failure to state facts sufficient to constitute a cause of action. To deny leave to amend. (Code Civ. Proc. § 430.10, subd. (e).) To grant Biltz and Guzman's motion to strike the allegations and prayer for punitive damages, without leave to amend. (Code Civ. Proc. §§ 435, 436.) To sustain the demurrer of St. Agnes in part, and overrule in...

Excerpt: ...orth in boldface typeset. Explanation: Defendants Lopez, Garza, Tienda, Molina, Vasquez and Robles (“Moving Defendants”) have filed the present demurrer to Plaintiff's complaint. A general demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A ...

Excerpt: ...r in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. (Code Civ. Proc. § 387; Fireman's Fund Ins. Co. v. Gerlach (1976) 56 Cal.App.3d 299, 303‐305.) The intervention must not enlarge the issues in the case and the reasons for intervention must outweigh any opposition by the existing parties. (Code Civ. Proc. § 387; Truck Ins. Exch. v. Sup.Ct. (1997) 60 Cal.App.4th 342, 346; Reliance...

Excerpt: ...488, contains the list of factors for use in determining whether the settlement was made in good faith. These include the following: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs (4) a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial; (5) the ...

Excerpt: ...of the class, one concern is the adequacy of the class representative, who has executed a confidential side settlement agreement, for which he seeks a payment of $10,000. That is approximately 30 times the amount of his likely individual class settlement, as estimated by the Court based on the amount of time he worked for defendant (between 8 and 9 months) and the figures set forth in the points and authorities. The figure represents $180 an hour...

Excerpt: ...r date, time, and place as the parties shall agree to in writing). Sanctions are awarded jointly and severally against Mr. Simpson and counsel for Plaintiff in the amount of $2,975.00, payable within thirty (30) days of this order. The independent medical examination is to occur within ten (15) court days of this order (or on such other date, time, and place as the parties shall agree to in writing). The scope of the examination is limited to an ...

Excerpt: ...��In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.�...

Excerpt: ...ral demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (19...

Excerpt: ...ended Complaint. Explanation: 1. CLASS CERTIFICATION a. Standards An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). See also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties' representation of an ...

Excerpt: ...injuries. See Declaration of Plaintiff at ¶ 7 and see the deposition of Arenas at page 31 lines 10‐16 attached as Exhibit A to the Declaration of Milligan. Explanation: In support of its motion, the Defendant relies extensively on the case of Peralta v. The Vons Companies, Inc. (2018) 24 Cal.App.5th 1030. In that case, Ms. Peralta fell in the bakery section of Vons. An assistant store manager was summoned. She observed that Ms. Peralta was wea...

Excerpt: ...d upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” (Code Civ. Proc., § 583.210, subd. (a).) However, in computing the time within which service must be made pursuant to section 583.210, if “[s]ervice, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff's con...

Excerpt: ...ourt may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendme...

Excerpt: ...e trial to a mutually agreeable date no later than July 2, 2019. (California Rules of Court, rule 3.1332, subdivision (c)(6) & (c)(7).) Explanation: Code of Civil Procedure section 473 authorizes the trial court, in its discretion, to allow amendments in furtherance of justice. (Code Civ. Proc., § 473; Cherrigan v. City etc. of San Francisco (1968) 262 Cal.App.2d 643, 653.) In the case at bar, plaintiff seeks leave: (1) to correctly name her veh...

Excerpt: ...the minute order. Explanation: Defendant demurrers to the entire complaint based on uncertainty, and also demurs generally, i.e., failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e) and (f).) On Page 2, Paragraph 8, plaintiff checked the box indicating the cause of action attached was for breach of contract, and at Paragraph 10 she indicated that the amount of damages requested was $37,000, wi...

Excerpt: ...rtfeasors or co‐ obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc. § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfea...

Excerpt: ...sly authorized under Civil Code section 3439.07, subdivision (a)(2), which provides that in an action for relief under the UVTA the creditor may obtain “[a]n attachment or other provisional remedy against the asset transferred or other property of the transferee” “in accordance with the procedures described in Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure.” This provides one of the statutory exceptio...

Excerpt: ...he time in which the amended pleading may be filed will run from service by the clerk of the minute order. All new allegations are to be set in boldface type. Explanation: Demurrer: “ ‘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 matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable...

Excerpt: ...ffidavit stated facts establishing every element ... necessary to sustain a judgment in his favor.” See Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468. Given that the moving party has not met its burden, it is not necessary to examine the opposition, the reply or any objections submitted. Explanation: Plaintiff's Separate Statement Plaintiff submits a Separate Statement of 8 “undisputed facts.” However, the Separate Statem...

Excerpt: ...on 473(a)(1) states: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any ter...

Excerpt: ...or uncertainty to the second cause of action and the common count and rendered moot. An amended pleading in conformity with the ruling of the Court is to be served and filed within 20 days of notice of the ruling. Notice runs from the date that the Minute Order is served by the Clerk plus 5 days for service via U.S. Mail. (CCP § 1013). Explanation: Requests for Judicial Notice Defendants request judicial notice of the certified license history o...

Excerpt: ...a further declaration segregating the fee‐related fees from the non‐fee‐related fees. If there are objections to the further declaration they may be submitted by March 2, after which the court will make a final ruling on the total fee award. Explanation: The court of appeals has already determined that both Petitioners are entitled to an award of attorney fees under Code of Civil Procedure 1021.5, and remanded to this court to determine the...

Excerpt: ...,” where “described properties” is defined as the properties listed at (A), (B), and (C) in the preamble to the requests. The word “transaction” will be deemed to be defined as “a loan made in 2015 for installation of solar and lighting panels at the locations referenced in the contract.” The hearing will be ordered continued to 3:30 p.m. on Wednesday, February 27, 2019 in Department 403. The parties are ordered to meet and confer o...

Excerpt: ... is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). See also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties' representation of an uncontested motion for class certification does not relieve the Court of the duty of determining whether certification is appropriate.” The case so requiring is Amchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 620 (“Amchem”): “Confronted with a ...