Excerpt: ...e 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) 14 Cal.4th 394, 413‐414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Vi...

Excerpt: ...thin ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiffs have failed to allege any facts showing that defendants Argentino, Marshall, or RMK Engineering acted with fraud, malice, or oppression as required under Civil Code section 3294. Civil Code section 3294 states that, “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincin...

Excerpt: ...made by defendant FCA US LLC & Finegan Dealer Group North to the Knight Law Group, the Wirtz Law Group and the O'Connor Law Group within 30 days of the clerk's service of this minute order. Explanation: Pursuant to Civil Code section 1794, plaintiff seeks attorney's fees in the amount of $ 274,332.00, plus a multiplier of 1.5, for an additional $137,166.00. Plaintiff also seeks costs of $ 43,708.51. In total, plaintiff seeks $455,206.51 in attorn...

Excerpt: ...ions to compel defendant Enrique Arriola‐Hernandez to respond to the special interrogatories, form interrogatories, and request for production of documents served on him on December 3, 2020. (Code Civ. Proc. §§ 2030.290; 2031.300.) Defendant shall serve his responses without any objections within 10 days of the date of service of this order. To grant plaintiffs' motion to deem defendant to have admitted the truth of the matters in the request...

Excerpt: ...t is used to challenge pleadings that do not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 438, subd. (c).) A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057.) Cross ‐defendants1 Lucky Lee Gold (“Lucky”) ...

Excerpt: ...practicable to bring them all before the court, one or more may sue or defend for the benefit of all.” (Code Civ. Proc., § 382.) “The party seeking certification as a class representative must establish the existence of an ascertainable class and a well‐defined community of interest among the class members. The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representativ...

Excerpt: ... deny the motion as to the fourth and ninth causes of action. To deny leave to amend as to the first, second, sixth, seventh, and thirteenth causes of action, and to grant leave to amend as to the third and fourteenth causes of action. Plaintiffs shall serve and file their second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Defendants argue that many of plaintiffs' c...

Excerpt: ...h California Rules of Court, rule 3.1350(b) and (d). Summary Judgment Summary judgment law turns on issue finding rather than issue determination. (Diep v California Fair Plan Ass'n (1993) 15 Cal.App.4th 1205, 1207.) The court does not decide the merits of the issues, but merely discovers, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a ...

Excerpt: ...r on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, wha...

Excerpt: ...rrections and Rehabilitation's (“CDCR”) request to take judicial notice of plaintiff's Department of Fair Employment & Housing Complaint. (Evid. Code., § 452, subd. (c).) To grant CDCR's motion for judgment on the pleadings, without leave to amend. (Code Civ. Proc., § 438.) Defendant CDCR is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the action as to it. To grant the motion...

Excerpt: ...ual fraudulent transfer and the 2nd for avoidance of constructive fraudulent transfer are time barred under the provisions of Civil Code §3439.09(c). That section provides: Notwithstanding any other provision of law, a cause of action under this chapter with respect to a transfer or obligation is extinguished if no action is brought or levy made within seven years after the transfer was made or the obligation was incurred. The grounds for the de...

Excerpt: ... service by the clerk of the minute order. All new allegations in the amended complaint are to be set in boldface type. Explanation: Amended Complaint “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, § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 13...

Excerpt: ...ant within 30 days of the date of mailing of this order. Explanation: Any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge a lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and...

Excerpt: ...file the Second Amended Complaint if he wishes to amend the second cause of action. New allegations/language must be set in boldface type. If plaintiff chooses not to amend the second cause of action by that date, then defendant is granted until Friday, July 9, 2021, to file her answer to the First Amended Complaint. Explanation: Defendant demurs to each cause of action. The demurrer is technically deficient, in that it initially states it is bro...

Excerpt: ...ainst them. (Code Civ. Proc. § 437c.) Explanation: Eva Airways and Mercury Air Cargo's Motions: The court intends to grant summary judgment in favor of defendants Eva Airways and Mercury Air Cargo as to the plaintiff's entire complaint, as plaintiff executed a general release that released all of its claims as to everyone other than Panalpina, Inc. Therefore, plaintiff cannot prevail on its claims as to Eva and Mercury. In General Motors Corp. v...

Excerpt: ...ted with a proposed order granting the preliminary injunction within five (5) days of this order. (Cal. Rules of Court, rule 3.1150(f).) To take judicial notice of the existence of the documents contained in defendant's request for judicial notice. (Evid. Code, § 452, subd. (d).) Explanation: The general purpose of such an injunction is the preservation of the status quo until a final determination of the merits of the action.” (Continental Ba...

Excerpt: ...ire driveway and front yard of the subject property came off or out of its railing as it was being closed, causing it to fall into the yard where plaintiff was walking toward the house, injuring her. The subject property was initially purchased by Win Chan and Yu Chan in early 2009 and was transferred to their business entity, Chan's Property, LLC, in or around 2015, so it was the owner at the time of the accident. The property has been rented to...

Excerpt: ...int. All new allegations in the amended complaint are to be set in boldface type. Explanation: Defendant FCA US LLC (“FCA”) demurs to the sixth cause of action for fraudulent inducement – concealment on the grounds that it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Statute of Limitations FCA contends that the cause of action is barred by the applicable statute of limitations. Th...

Excerpt: ... will be dismissed with prejudice as to defendant California Home For The Aged, Inc. dba California Armenian Home. Explanation: On November 6, 2019 defendant served on plaintiff Special Interrogatories, Form Interrogatories, Demand for Production of Documents, and Request for Admissions. Plaintiff served only boilerplate objections to each. Plaintiff did not meet and confer, and filed no response to defendant's Request for Pre‐Trial Discovery C...

Excerpt: ...f their dormant mineral rights, contending that plaintiff has failed to state facts sufficient to constitute a cause of action under Civil Code section 883.210, et seq. Pursuant to section 883.210, “The owner of real property subject to a mineral right may bring an action to terminate the mineral right pursuant to this article if the mineral right is dormant.” (Civ. Code, § 883.210.) Also, under section 883.220, For the purpose of this artic...

Excerpt: ...se of action (false light). The court also strikes paragraphs 9, 11, and 12 from the “Background Allegations” section. (First Amended Complaint (“FAC”), p. 4.)1  To deny as to the entire second cause of action (fraud).  To grant as to part of the third cause of action (negligence), striking paragraph 27. (FAC, p. 7). The motion is denied as to the remainder of this cause of action.  To grant as to part of the fourth cause of acti...

Excerpt: ...ion obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code.” Evidence Code section 1043 requires a noticed motion which identifies the records sought, and “affidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litiga...

Excerpt: ...xplanation: Plaintiff states one cause of action for loss of consortium based on his wife's termination from employment with defendant, which he alleges was wrongful as it was based on her disability and in violation of her right to protected medical leave. Plaintiff alleges this was a violation of the California Fair Employment and Housing Act (FEHA), as well as a wrongful termination in violation of public policy under Tameny v. Atlantic Richfi...

Excerpt: ...atories against Defendant Robert Graham and for Related Sanctions, by Plaintiff (5) Motion to Compel Initial Responses to a Request for Production against Defendant Robert Graham and for Related Sanctions, by Plaintiff Tentative Ruling: To deny the motion for stay, without prejudice. To deny the motion to compel deposition of defendant Ayde Adame Mendibles, without prejudice. To grant the motion to deem requests for admissions admitted. To grant ...

Excerpt: ... days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendants. Explanation: Unsigned Pleading The Court notes that plaintiff's second amended complaint (SAC) is neither signed nor dated. Every pleading, petition, written notice of motion, or other similar paper shall be signed by the attorney of record or by the party personally if not represented by counsel. (Code Civ. Proc., § 128.7, subd. (a).)...