Excerpt: ...ldface type. Explanation: Defendants IEC Corporation and IEC/AAI Holdings, Inc. dba UEI College (hereinafter, together “UEI College”) demur to the fourth, sixth and seventh causes of action alleging fraud, negligent misrepresentation and intentional misrepresentation on the ground that plaintiffs fail to state facts sufficient to state a cause of action. The essential elements of a count for intentional misrepresentation are (1) a misrepresen...

Excerpt: ...pursuant to the terms of the settlement.” It also provides that the parties may request that the court “retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc. § 664.6.) Due to the summary nature of the statute authorizing judgment to enforce a settlement agreement, strict compliance with its requirements is prerequisite to invoking the power of the court to...

Excerpt: ...valid arbi tration agreements.” (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed.” (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) Then, “[o]nce the moving party has satisfied its burden, the litigant opposing arbitration must demonstrate grounds which require t...

Excerpt: ...1. Explanation: First, while plaintiff relies on Code of Civil Procedure section 473.5, subdivision (a), to support her motion, that provision of law does not apply here. That provision states that, “[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside...

Excerpt: ...plaint, w ithout leave to amend. (Code Civ. Proc., § 430.010, subd. (e).) If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation: Each defendant demurs to plaintiff's Second Amended Complaint, which alleges a single cause of action for medical malpractice. Defendants all contend that the cause of action is barred by the applicable statute of limitations un...

Excerpt: ...efing is authorized to address the rights and interests of the parties in the subject real property. Defendant Christopher S. Kelley may file a supplemental opposition no later than 5:00 p.m. on May 3, 2024. Plaintiff Amy L. Knight may file a supplemental reply no later than 5:00 p.m. on May 9, 2024. If oral argument is timely requested, such argument will be entertained on Wednesday, April 17, 2024, at 3:30 p.m. in Department 501. Explanation...

Excerpt: ...for preference and continue the hearing on plaintiff's motion for preference to Friday, April 12, 2024 at 10:00 a.m. in Dept. 501 to allow for the submission of admissible evidence. (Code Civ. Proc. §36, subd. (d).) To grant plaintiff's ex parte application to serve deposition notices fewer than 20 days after service of summons. (Code Civ. Proc. § 2025.210, subd. (b).) To deny without prejudice plaintiff's motion to use deposition testimony at ...

Excerpt: ...3 :30 p.m. in Department 501. No later than Thursday, April 18, 2024, defendant Nale is to provide a supplemental brief addressing the portions of the opposition for which he did not have timely service. To deny the Kubota defendants' motion for summary jud gment. To deny summary judgment as to Pioneer Farm Equipment Co. Explanation: Evidentiary Objections For plaintiffs' evidentiary objections numbers 1 -3, these were not dispositive to the moti...

Excerpt: ...summary ju dgment. Specifically, plaintiff seeks to set aside (1) the court's order denying the January 24, 2024, ex parte application to continue the hearing for summary judgment pursuant to Code of Civil Procedure section 437c, subdivision (h); (2) the court's deni al of plaintiff's untimely request for oral argument on the January 25, 2024, motion for summary judgment; (3) the January 25, 2024, order granting defendants' motion for summary ju...

Excerpt: ...��arbitration agreements should be liberally construed', with ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration [citations].'” (Market Ins. Corp. v. Integrity Ins. Co. (1987) 188 Cal. App. 3d 1095, 1098, internal citations omitted.) Similarly, cases applying Federal Arbitration Association rules note that, “ ‘doubts concerning the scope of arbitrable issues [being] resolved in favor of arbitration ...

Excerpt: ...mely ap plication, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (Code Civ. Proc., § 387, subd. (d)(2).) “‘If proper procedures are followed [citation], the court has discretion to permit a nonparty to intervene in litigation pending between others, provided: [¶] The nonparty has a direct and im...

Excerpt: ...rst Amended Complaint (“FAC”) without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant JPMorgan Chase and Co. and JPMorgan Chase Bank, N.A.'s Motion for Judgment on the Pleadings on the FAC (joined by U.S. Bank N.A.) without leave to amend. (Code Civ . Proc., § 438.) To grant plaintiff's motion to substitute Bank of America, N.A. (“BANA”) for ReconTrust Company, N.A. (Code Civ. Proc., § 368.5; Corp. Code, § 1107, subd....

Excerpt: ...om the Complaint, defendant has not provided any legal authority or argument to support the motion to strike. Indeed, defendant only briefly mentions the prayer for attorney's fees in the notice of motion, and never mentions attorney's fees in its memo of p oints and authorities at all. Therefore, the motion to strike the prayer for attorney's fees is unsupported by any legal authorities or argument, and the court intends to deny the motion. Sec...

Excerpt: ...riefs, not to exceed seven pages, which must be filed no later than April 10, 2024. Plaintiff's “renewed” motion is also continued to April 18, 2024, pending further orders once the court rules on its sua sponte motion for reconsideration. Explanation: The court conti nued the hearing on January 17, 2024, to give defendant an opportunity to address the merits of the motion and present evidence that the court would weigh against plaintiff's e...

Excerpt: ...rds are presumed to be open.” (Cal. Rules of Court, rule 2.550(c).) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Cou rt, rule 2.551(a).) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application...

Excerpt: ...etained. [¶] (2) Amend that party's expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give." (Code Civ. Proc. § 2034.610, subd. (a).) The motion must be made in sufficient time in advanc e of the completion of discovery. (Code Civ. Proc., § 2034.610, subd. (b).) A meet and confer declaration is required. (Code Civ. Proc., § 2034.610, subd. (c).) The co...

Excerpt: ...t Two, and for Monetary Sanctions To grant plaintiff's five motions to compel defendant Southern California District Council of the Assemblies of God to serve initial verified responses to the discovery requests, without objections, unless defendant serves verified responses to the discovery prior to the hearing. To grant plaintiff's request for monetary sanctions of $1,200 against counsel for defendant. Defendant shall serve its verified res...

Excerpt: ...ure section 664.6, “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside 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 settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the sett...

Excerpt: ... bold print . Should plaintiff elect not to amend, demurring defendant shall file responsive pleadings within twenty (20) days from the date of this order. If oral argument is timely requested, such argument will be entertained on Wednesday, March 27, 2024, at 3:30 p.m. Explanation: As explained previously, ownership of, or a right to possess, specific property is a necessary element of conversion and embezzlement. (Lee v. Hanley (2015) 61 Cal....

Excerpt: ...f a d eposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or dire cting compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate ...

Excerpt: ...Person Mo st Qualified and Custodian of Records, dated November 16, 2023, and produce all documents as described in Exhibit A thereto. The deposition shall occur within seven days of service of the order by the clerk. To impose sanctions in the amount of $1,410 in f avor of plaintiffs Samantha Negrete -Cruz and Tomas Cruz and against defendant General Motors, LLC. Within 30 days of service of the order by the clerk, defendant General Motors, LLC...

Excerpt: ...March 20, 2024, at 3:30 p.m. Explanation: Defendant Jeffrey Doc Baker (“Defendant”) moves to strike paragraph 74, of the fourth cause of action as a survival action, and the prayer for punitive damages of the Consolidate First Amended Complaint (“CFAC”).1 Defend ant contends that the CFAC fails to state sufficient facts to support the claim for punitive damages as to him. Pleadings are to be construed liberally with a view to substantial ...

Excerpt: ... argument will be entertained on Wednesday, March 20, 2024, at 3:30 p.m. Explanation: Plaintiff, a student dismissed from the California Health Sciences University College of Osteopathic Medicine (“CHSU”), alleges a single cause of action for violation of Education Code section 94367, subdivision (a), which provides, No private postsecondary educational institution shall make or enforce a rule subjecting a student to disciplinary sanctions so...

Excerpt: ...ays of service of the order by the clerk. Explanation: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading ... ” (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberal ly to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Here, however, the motion fails to comply with the Rules of Court, and se...

Excerpt: ...ivers Alliance (NCRA), et al.'s, motion for attorney's fees, in the amount of $84,837.98. To grant defendants California Water Impact Network (CWIN), et al.'s, motion for attorney's fees, in the amount of $8,985.00. To grant defendants County of San Jo aquin and County of Trinity's motion for attorney's fees, in the amount of $87,465.00. Explanation: All three sets of defendants have moved for supplemental attorney's fees under Code of Civil Proc...