Excerpt: ...nswer showing representation by a licensed attorney. Defendants' default may not be taken during the 14-day leave to amend period. The time in which the answer can be amended will run from service by the clerk of the minute order. Explanation: A California Corporation cannot represent itself in a court action. (Himmel v. City Council of Burlingame (1959) 169 Cal.App.2d 97; Paradise v. Nowlin (1948) 86 Cal.App.2d 897.) Instead, a corporation can a...

Excerpt: ... stating that defendant was served by personal service on 7/29/20 at 7:08 p.m. The POS describes the "person served" as "MOHAMED M. ALOADHI, an indivdual dba Coalinga Market, Middle Eastern, Male, Age: 50, Hair: Black ,Eyes: Brown, Height: 5'7", Weight: 170"." The POS states that defendant was served at 210 EAST ELM AVENUE, COALINGA, CA 93210, which was identified as defendant's "home". Defendant's default was entered on 9/3/20. The request for e...

Excerpt: ...t to Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Documentation as to the amount paid to class members must be filed no later than April 17, 2024. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g), states: "Before final approval, the court must conduct an inquiry into the fairness of the proposed settlement." Sub...

Excerpt: ...ial Notice All evidentiary objections to the Declaration of Leigh Ann Ruijters are sustained based on lack of foundation to support personal knowledge of the declarant. Code of Civil Procedure section 2009 generally authorizes the use of affidavits and declarations in motion proceedings, creating an exception to the hearsay rule and rendering them potentially admissible as evidence. However, declarations must still be based on personal knowledge ...

Excerpt: ...nitive damages allegations against defendants pursuant to Code of Civil Procedure section 425.13. Code of Civil Procedure section 425.13, subdivision (a), prov-des, In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to ...

Excerpt: ...sel of record are reminded that "[al person permitted to appear as counsel pro hac vice under [California Rules of Court, rule 9.40] is subject to the jurisdiction of the courts of this state with respect to the law of this state governing the conduct of attorneys to the same extent as a licensee of the State Bar of California. The counsel pro hac vice must familiarize himself or herself and comply with the standards of professional conduct requi...

Excerpt: ..., sixth and eighth causes of action. To overrule the demurrer for uncertainty. (Code Civ. Proc. S 430.10, (f).) To deny the motion to strike the allegations for punitive damages in paragraphs 79 and 96. The moton to strike paragraph 85 from the second cause of action is moot in light of the ruling sustaining the demurrer to the second cause of action. Plaintiff may file and serve a Second Amended Complaint. Such must be done within 10 days of the...

Excerpt: ...f's moton to compel further responses to request number 30. Defendant Kings Canpn Unified School District ("the District") shall provide further responses and produce all relevant documents in substantial compliance with Code of Civil Procedure sections 2031.210, 2031.220 and 2031.240, within 30 days of service of the order by the clerk. Explanation: Under Code of Civil Procedure, section 2025.450, subdivision (a), If, after service of a depositi...

Excerpt: ...issue or any part thereof shall precede the trial of any other issue or any part thereof in the case...." (Code Civ. Proc„ S 598.) Similarly, Code of Civil Procedure section 1048 provides that "[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expediton and economy, may order a separate trial of any cause of acton...or of any separate issue or of any number of causes of action or issu...

Excerpt: ...sciences Institute, Inc. ("UNI"), and Joyce Fields-Keene (collectively, "CCFMG Defendants"). (Code Civ. Proc„ S 430.10, subd. (e).) To deny Scott Wells' motion for judgment on the pleadings as to the fourth cause of action. To grant his motion for judgment on the pleadings as to the third cause of action, with plaintiff granted 10 days' leave to file a Second Amended Complaint. The time in which such amended pleading may be filed will run from ...

Excerpt: ... no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. Monetary sanctions in the amount of $510 are ordered in favor of judgment creditor and against judgment debtor. Monetary sanctions are to be paid to Campagne & Campagne, A Professional Corporation, no later than 30 days from the date of service of the minute order by the clerk. Explanation: On February 4, 2022, default judgment...

Excerpt: ... (APEC). Plaintiff is granted 10 days leave to file a First Amended Cross-complaint, which will run from service by the clerk of the minute order. New language must be set in boldface type. Explanation: Background This action is about a dispute between a general contractor (APEC) and its subcontractor (SLM) over money. After plaintiff SLM filed a Complaint against defendants APEC and American Contractors Indemnity Company over a contractual dispu...

Excerpt: ...amend, the plaintiff may amend his or her complaint only as authorized by the court's order. The plaintiff may not amend the complaint to add a new cause of action without having obtained permission to do so, unless the new cause of action is within the scope of the order granting leave to amend." (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023, citations omitted.) "It is the rule that when a trial court sustains a demurrer wi...

Excerpt: ...ch pleading will run from service by the clerk of the minute order. All new allegations in the pleading are to be set in boldface type. Explanation: Plaintiff is a California non-profit public benefit corporation. To further plaintiff's mission, it provided Santé Health Foundation ("SHF")I with grant funding to stabilize and enhance the delivery of primary care and specialty physician care in the San Joaquin Valley. Plaintiff alleges that the gr...

Excerpt: ...rther Responses from Defendants to Requests for Admission, Set One Tentative Ruling: To deny the motion regarding Requests for Admission. To continue the remaining motions to Thursday, May 11, 2023, at 3:30 p.m. in Department 501, to allow plaintiffs counsel to file a supplemental declaration attaching defendants' responses served December 2, 2022, which must be filed no later than May 1, 2023. Explanation: Responses Must Be Attached to Supportin...

Excerpt: ...asis of the Complaint for damages. Plaintiff brought four causes of action against defendant Nissan North America, Inc., for negligent repair and failure to replace the vehicle. All of the causes of action against defendant comprise alleged breaches of Civil Code, section 1790 et seq. regarding consumer warranties, and fraud by omission that defendant was aware of the various defects to the vehicle but concealed the defects from plaintiff, who wo...

Excerpt: ...y the pending court proceed-ngs until the arbitration is resolved. (Code Civ. Proc. S 1281.4.) To stay plaintiff's representative PAGA claims pending resolution of the arbitration. Explanation: 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. S 1008, su...

Excerpt: ...planation: "An action shall be brought to trial within five years after the action is commenced against the defendant." (Code Civ. Proc., S 583.310.) "An action shall be dismissed by the court on its own motion or on moton of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article." Civ. Proc„ S 583.350, subd. (a).) "The requirements of this article are mandatory and are not s...

Excerpt: ..., either through adverse possession, or easement by prescription. The action further seeks declaratory relief regarding the rights and duties of the parties as to the Property. The defaults of each ofthe defendants were previously entered except: (1) the County of Fresno, who has consented to judgment subject to certain reservations; and (2) the DOE defendants remain. The court initially notes that plaintiff's application and proposed judgment fa...

Excerpt: ... "shall not include a cause of action under the Song—Beverly Consumer Warranty Act." (Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, 929; Code Civ. Proc„ S 473, subd. (a)(l) ["The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend . " Emphasis added.]) The First Amended Complaint shall be filed within ten (10) days from the date of this order. New or different allegations in the First Amended...

Excerpt: ...t whom a cause of achon is brought. The Sixth Amended Complaint may be filed within 10 days of service of the order by the clerk. All new allegations shall be in boldface type. Explanation: Judicial Notice It is "well settled" that the court is authorized to consider matters which may be judicially noticed when determining whether a complaint is suffcient to survive a demurrer. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Code Civ. Proc. S 430.30,...

Excerpt: ...infliction of emotional distressl causes of action. Explanation: Summary judgment is properly granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. In moving for summary judgment, a "defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action cannot b...

Excerpt: ...will run from service by the clerk of the minute order. Explanation: Demurrer Generally The function of a demurrer is to test the sufficiency of a plaintiff's pleading 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 hi...

Excerpt: ...deny the motion to consolidate without prejudice. Explanation: Court's Motion to Strike Code of Civil Procedure section 436 provides, in relevant part, "... at any time in its own discretion, a court may granta motion to strike all or any part of any pleading not drawn in conformity with the laws of this state, a court rule, or an order of the court." Code of Civil Procedure section 472 allows that, "[al party may amend its pleading once without ...

Excerpt: ...st Ms. Lo in the first through fifth causes of action are solely based on the allegation that Ms. Lo aided or abetted Dr. Vang in sexually assaulting her. (Complaint, "1 31, 37, 43, 50 and 58.) There is no allegation that Ms. Lo personally participated in the sexual assault, which was allegedly committed by Dr. Vang while he was alone with plaintiff in an examination room. (ld. at 7-19.) The only allegations of the Complaint that identify Lo spec...