Excerpt: ...e, a proposed judgment which is consistent with the terms as agreed upon in the December 21, 2021 agreement. 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 s...

Excerpt: ...to amend. (Code Civ. Proc., § 430.10, subd. (e).) Prevailing defendants shall submit to this court, within seven days of service of the minute order, an ex parte request dismissing the action as to the demurring defendants. To grant the motions to strike the prayers for punitive damages (Complaint p. 52, line 6) and attorneys' fees (Complaint ¶¶ 136, 141, p. 52, lines 10‐11), without leave to amend. (Code Civ. Proc., § 436.) Explanation: De...

Excerpt: ...scretion of the trial court. (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) An order staying discovery until expiration of the criminal statute of limitations allows plaintiff to prepare his or her action “while alleviating [defendant's] difficult choice between defending either the civil or criminal case.” (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) Pursuant to both the United States and California constitu...

Excerpt: ...FAA”), A written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. § 2.) “In recognition of Congress' principal purpose of ...

Excerpt: ...of a legal duty owed to him by defendant. In essence, then, defendant's motion is more akin to a demurrer or motion for judgment on the pleadings than a summary judgment motion. “‘A defendant's motion for summary judgment necessarily includes a test of the sufficiency of the complaint. When a motion for summary judgment is used to test whether the complaint states a cause of action, the court will apply the rule applicable to demurrers and ac...

Excerpt: ...ndants for the sale of farm equipment. Defendant Goodland Global Farm Inc. was served with the application for writ of possession at the same time as it was served with the summons and complaint. This defendant has answered and defendant's attorney has filed a motion to be relieved as counsel, to be heard September 20, 2022. Counsel for Goodland Global has not filed an opposition or made a request to continue this hearing to a date after counsel'...

Excerpt: ...eightliner Dealership (FFD) moves for summary adjudication of plaintiff's claims for fraud and breach of contract on the ground that plaintiff cannot prevail on his claims because he agreed that he was purchasing the truck “as is” without any express or implied warranties, and with no representation that the truck was merchantable or fit for a particular purpose. Defendant also points out that plaintiff had a chance to inspect the truck befor...

Excerpt: ...trial. Plaintiff now moves under Code of Civil Procedure section 2033.420 for costs of proof. Timeliness Defendant Diaz Amaya opposes the motion as untimely because on December 20, 2021, plaintiff filed an Acknowledgement of Satisfaction of Judgment. The Acknowledgement indicated that the judgment was satisfied in full. On reply, plaintiff does not address this point. Rather, plaintiff argues that defendant Diaz Amaya cites no authority regarding...

Excerpt: ...itioner and respondent made a valid agreement to arbitrate wage claims. (Declaration of Allison Medica, ¶¶ 4‐5, and Ex. A.) The only contested issue is whether petitioner waived its right to compel arbitration. On petition of a party to an arbitration agreement, the court shall order the petitioner and respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that, amo...

Excerpt: ...eading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 697.) For the purpose of testing the sufficiency of the cause of action, the demurrer admits t...

Excerpt: ...th in Code of Civil Procedure section 1033.5, subdivision (a), and disallowed costs are set forth in subdivision (b). Items not expressly mentioned in the statute “upon application may be allowed or denied in the court's discretion.” (Code Civ. Proc., § 1033.5, subd. (c)(4).) All allowable costs must be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation, and they must be reaso...

Excerpt: ...ctive Notice Not Grounds for Denial California Rules of Court, Rule 3.1350 Subdivision (b) requires that on motions for summary adjudication, “the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the Separate Statement of undisputed material facts.” Here, the notice is a narrative summary of defendant's contentions and does no...

Excerpt: ...evidence that Hernandez left the scene of the accident in violation of Vehicle Code section 20001. "[L]eave to amend should not be granted where, in all probability, amendment would be futile.'' (Vaillette v. Fireman's Fund Ins. Co. (1993) 18 Cal.App.4th 680, 685.) “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, ...

Excerpt: ...d. (Code Civ. Proc., § 436.) (2) To sustain the demurrer to the Complaint as to defendants Rodney Horton and Ana Manzula, without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Explanation: All Star Plumbing and Bewarder Motion to Strike A motion to strike pursuant to Code of Civil Procedure section 436 may be used to remove a claim for punitive damages that is not adequately supported by the facts alleged in the complaint. (Cryolife, ...

Excerpt: ... judgment on the pleadings as to their complaint and defendant's answer. (Code Civ. Proc. § 438.) Explanation: Defendant's Motion for Reconsideration: Under Code of Civil Procedure section 1008, subdivision (a), a party moving for reconsideration of a court order 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 seeking reconsid...

Excerpt: ...ories, set one, and requests for production of documents, set one, unless defendants serve verified responses before the hearing. (Code Civ. Proc. § 2030.290; 2031.300.) Defendants are deemed to have waived all objections. (Ibid.) The court also intends to impose monetary sanctions of $460 per motion against defendants for their unjustified failure to respond to the requests. (Ibid.) Defendants' shall serve verified responses without objections ...

Excerpt: ...raud; 4. Constructive Fraud; 5. Monetary Conversion; 6. Accounting; 7. Constructive Trust; 8. Restitution (Unjust Enrichment); and 9. Violation of California Penal Code section 496, subdivision (a). Each cause of action is stated against all defendants: Ramiro Flores Martinez, and moving defendant Tabitha Loraine Lopez. The matter involves a transaction between the parties regarding the sale of certain vehicles. On June 14, 2022, this court found...

Excerpt: ...ant 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 thereto refuses to arbitrate such 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 com...

Excerpt: ...ullar, owner of Varsity Liquors, moves for summary judgment, or alternatively for summary adjudication. Initially the court notes that if defendant does not show that summary judgment should be granted, the court should not grant summary adjudication of any particular cause of action or count. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative de...

Excerpt: ...blish 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 uncontested motion for class certification does not relieve the Court of the duty of determining whether certification...

Excerpt: ...al burden of production is met, does the burden shift to the responding party to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850‐51; see also Reeves v. Safeway Stores, Inc. (2004) 121 Cal.App.4th 95, 107.) A plaintiff moving for summary judgment or adjudication of a cause of action must “prove[] each element of the cause of action entitling the party to judgment on t...

Excerpt: ...in intervention within 10 days of the clerk's service of the minute order. To continue Titlemax of California, Inc.'s petition to compel arbitration to July 28, 2022, which will be treated as the original hearing date for purposes of filing deadlines. Explanation: Intervention Proposed intervenor Division of Labor Standards Enforcement Labor Commissioner (“DLSE”) seeks to intervene on the present petition under Code of Civil Procedure section...

Excerpt: ...ation: The court previously sustained demurrers to the first cause of action for battery and sixth cause of action for violation of Civil Code section 1942.4. Plaintiffs filed an amended complaint, adding allegations that defendants willfully ignored plaintiffs' multiple complaints about bedbugs and willfully refused to remedy plaintiffs' complaints to management. Defendant Granville Realty, Inc. again demurs to the first and sixth causes of acti...

Excerpt: ...or a motion to strike, the parties must sufficiently comply with the meet and confer requirements pursuant to Code of Civil Procedure, sections 430.41 and 435.5. Explanation: The trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. However, that discretion can be exercised only if the moving party establishes a proper ground for relief, by the proper procedure, and within the statutory time...

Excerpt: ...t]he superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in Moniz v. Adecco USA, Inc. (2021) 72 Ca...