Excerpt: ... part of paragraph 20 which states “and are forever barred and enjoined from prosecuting such released claims against the Released Parties.” The Judgment need also reflect that if all checks for the class members are cashed, $115,792.12 will be paid to class members, and that the parties are to report back on July 23, 2020 at 3:30 p.m. in this Department as to the amounts paid and the total amount of any uncashed checks for possible amendment...

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: .... To deny all requests in the motion to strike except the request to strike the prayer for punitive damages in the seventh cause of action, at Paragraph 52, which is granted without leave to amend absent plaintiff making a timely motion under Code of Civil Procedure section 425.13. The motion to strike is moot as to the second cause of action (elder financial abuse) due to the ruling on demurrer. Plaintiffs are granted 10 days' leave to file the ...

Excerpt: ...orcing a judgment for costs against a person who is not within the court's jurisdiction. The statute therefore acts to prevent out‐of‐ state residents from filing frivolous lawsuits against California residents.” (Alshafie v. Lallande (2009) 171 Cal.App.4th 421, 428, citations and quotation marks omitted.) The statute “provides that upon a defendant's motion, the trial court is required to order an out‐of‐state plaintiff to file an un...

Excerpt: ...time in which the complaint can be amended will run from service by the clerk of the minute order. New allegations in the First Amended Complaint are to be set in boldface type. Explanation: 1. Judicial Notice The court takes judicial notice of the recordation of the requested documents. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) 2. Demurrer The function of a demurrer is to test the sufficiency o...

Excerpt: ...d on April 3, 2018, on the ground that there was no claim therein against Wood and Access Medical providing for recovery of attorneys' fees other than Penal Code § 496(c), which Judge Snauffer found unrecoverable in this case. That ruling was reversed on appeal: “we reverse the trial court's denial of Switzer's motion for attorney fees premised on section 496(c), and the matter is remanded to the trial court for further proceedings to determin...

Excerpt: ..., are deemed admitted irrespective of the difficulty of proof at trial. [Citation.] The allegations are to be liberally construed with a view to substantial justice between the parties.” (Universal By‐Products, Inc. v. City of Modesto (1974) 43 Cal.App.3d 145, 151.) Here, Cross‐Defendant City of Parlier (“City”) demurs to the second amended cross‐complaint (“SACC”) on the ground that the claims were late‐filed pursuant to the Go...

Excerpt: ...t any irrelevant, false, or improper matter inserted in any pleading; or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc. §436; see also Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60, 104, fn. 35.) An “immaterial allegation in a pleading” includes an “allegation that is not essential to the statement of a claim”...

Excerpt: ...294, subd. (c)(1); see also College Hosp. Inc. v. Superior Court (1994) 8 Cal.4th 704, 725 [“absent an intent to injure the plaintiff, ‘malice' requires more than a willful and conscious disregard of the plaintiff's interests. The additional component of ‘despicable conduct' must be found”].) “'Despicable' conduct is conduct which is so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and desp...

Excerpt: ...ndant's demurrer, in its entirety. Explanation: In the case at bar, plaintiffs allege two causes of action: (1) violation of Government Code sections 820, subdivision (a) & 815.2, et. seq.; and (2) negligence. Only the first cause of action is directed at moving parties. Defendants demur to cause of action one, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) & (f). Defendants argue that: (1) the facts are insufficient to alle...

Excerpt: ...r summary judgment, or alternatively summary adjudication, of both his complaint and the cross‐complaint filed by Derek Kazanjian. This is a repetitive motions, seeking summary judgment of the same pleadings and causes of action, and raising the same issues, as that denied on May 17, 2019. A party may not move for summary judgment “based on issues asserted in a prior motion for summary adjudication” that has been denied by the court unless ...

Excerpt: ...). Plaintiff sues to recover unpaid back commissions owed under the Independent Producer's Agreement (“IP Agreement”). Plaintiff also claims that HRBC president Enrique Romero made defamatory statements about plaintiff in connection with this dispute. The Complaint alleges the following causes of action: 1. Breach of Contract 2. Breach of Implied Covenant of Good Faith and Fair Dealing 3. Conversion 4. Unfair Competition and Violation of Busi...

Excerpt: ...onable 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 (1985) 39 Cal.3d 311, 318.) Facts appearing in exhibits attached to the complaint will also be accepted as...

Excerpt: ...o both of the following: (a) Preserve the rights of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspects of those cases. (b) Prevent attorneys from taking undue advantage of their adversary's industry and efforts. Code of Civil Procedure section 2018.030 provides: (a) A writing that reflects an attorn...

Excerpt: ... of action: (1) retaliation in violation of FEHA, Gov. Code § 12940(h); (2) violation of Labor Code § 6310; and (3) violation of Labor Code § 6311. Summary judgment was previously granted as to the first cause of action, and it should not have been included in the SAC. Defendants now move for judgment on the pleadings as to the remaining causes of action on the ground that plaintiff did not comply with the Government Tort Claims Act. "[A] ...

Excerpt: ...mplaint (FAC) alleged against Defendants Laton Unified School District, Laton High School, and Jason Krikava for failing to file the claims within the applicable statute of limitations. Plaintiff shall have ten (10) court days in which to file the Second Amended Complaint (SAC). Any new or altered allegations shall be set forth in boldface typeset. Explanation: A general demurrer admits the truth of all material allegations and a Court will “gi...

Excerpt: ...erty released from levy. (Code Civ. Proc., § 485.240, subd. (a).) On a showing of “clear and convincing” reasons, courts have inherent power to vacate ex parte attachments without any notice (i.e., on defendant's application). (Western Steel & Ship Repair, Inc. v. RMI, Inc. (1986) 176 Cal.App.3d 1108, 1116‐1117.) At the hearing, the plaintiff bears the burden of proving that the attachment was proper. (Loeb & Loeb v. Beverly Glen Music...

Excerpt: ...ral, set one, directed to Defendant Duchscherer; and request for production of documents, set one, directed to Defendant Duchscherer. (Code Civ. Proc. §§ 2030.290(b), 2031.300(b).) Defendants Tobias and Duchscherer are ordered to serve complete verified responses to the discovery set forth above, without objection, within 15 days of the clerk's service of the minute order. To impose monetary sanctions in favor of Plaintiff, against Defendants T...

Excerpt: ... some issue therein, be referred for decision to a third party (referee). Such reference may be made pursuant to the parties' agreement or, in certain cases, without the parties' consent. Under Code of Civil Procedure § 638, the court may order a reference either: • “(U)pon the agreement of the parties filed with the clerk, or judge, or entered in the minutes ... ”; or • “(U)pon the motion of a party to a written contract or le...

Excerpt: ...roposed judgment consistent with this order. To take the motion to consolidate off calendar in light of the dismissal of the Morones action. Explanation: Defendants Del Monte Fresh Produce N.A., Inc. and Del Monte Fresh Porduce (West Coast), INc. (collectively, “Del Monte”) move to dismiss Morones v. Del Monte Fresno Produce N.A., Inc. et al., Case No. 14CECG02849. The action was filed on January 31, 2014. "An action shall be brought to t...

Excerpt: ...der a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (Code Civ. Proc. §128.5(a); see Levy v. Blum (2001) 92 Cal.App.4th 625, 635 [§128.5 which “permits the award of attorney fees, not simply as appropriate compensation to the prevailing pa...

Excerpt: ...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 right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement.” (Code Civ. Proc. §1281.2(a), (b); see Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 104...

Excerpt: ... October 1, 2018, the parties filed a stipulation deeming the prematurely filed Memorandum of Costs timely filed. See ¶ 6 of the Stipulation. On November 13, 2018, notice of entry of judgment was filed. On November 26, 2018, Defendant filed a motion seeking to tax costs; specifically, the amount of $29,446.44 listed at line 13 as “interest pursuant to CC § 33289.” No opposition was filed. Merits In the case at bench, an appeal has been file...

Excerpt: ...om the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. (Civ. Proc. Code §437c, subd. (h).) A continuance (normally a matter within the court...

Excerpt: ...erned by CCP §§872.010 through 874.240. CCP § 872.210 states: (a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. (b) Notwithstanding subdivision (a), an action between...