Excerpt: .... Explanation: 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 his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 597.) ...

Excerpt: ...oldface. Explanation: Defendant State of California ("the State") argues that plaintiff County of Fresno ("the County") has sued the wrong partyl because it was the federal government and not the State that mandated the name change from "Sq Valley" 2 to "Yokuts Valley", the County has adequately alleged that the State passed AB 2022, which prohibited the use of the word "sq_" for geographic names and place names, and to change the names of places...

Excerpt: ...quest for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Under Code of Civil Procedure section 1048, subdivision (a), "[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning procee...

Excerpt: ...laint Tentative Ruling: To continue the hearing on the motion for a protective order to November 9, 2023. Plaintiff Daniel Real is authorized to file, no later than 5:00 p.m. on Friday, November 3, 2023, the declarations of Susan M. Fosnot, Ph.D and Dana Chidekel, Ph.D that were served on the parties. No other documents are authorized to be filed. To deny each of the motions to quash third-party subpoenas as moot. To grant the motion for leave to...

Excerpt: ...letion of arbitration. If a timely request for oral argument is made, such argument will entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiff Kelly Roberts ("plaintiff") brings a single cause of action under PAGA on behalf of herself and all aggrieved employees under Labor Code section 2698 et seq. Defendants Sally Beauty Holdings, lnc„ and Beauty Systems Groups LLC (together "defendants") now seek an order com#lling p...

Excerpt: ...d no later than November 28, 2023. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: Plaintiffs move the court for leave to file a second amended complaint following the death of plaintiff Parmjit Sekhon after the filing of this action. The motion is brought pursuant to Code of Civil Procedure section 473 and seeks to add Jasbir Sekhon (originally decedent's g...

Excerpt: ...y be amended within 10 days of service of the order by the clerk. All new allegations shall be in boldface type. If a timely request for oral argument is made, such argument will be entertained on Thursday, November 2, 2023, at 3:30 p.m. Explanation: The motion provided for in this section may only be made on one of the following grounds: (A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or c...

Excerpt: ...e clerk of the minute order. New allegations/language must be set in boldface type. To find plaintiffs' moton for leave to amend moot. Explanation: JUDGEMENT ON THE PLEADINGS A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. Civ. Proc., S 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) The grounds for the motion must appear on the face of the chall...

Excerpt: ...h 995, 999; see also Templo v. State of Calif. (2018) 24 Cal.App.5th 730, 735 ["'motion for judgment on the pleadings is equivalent to a demurrerml.) The purpose of the Government Claims Act ("Claims Act") is "to give the public entity the opportunity to investigate and settle the claim without the cost of litigation[l" (Le Mere v. Los Angeles Unified School DIst. (2019) 35 Cal.App.5th 237, 247), and accordingly courts typically view the "present...

Excerpt: ...'s fees and court costs as may be Þxed by the court.” (Health & Saf. Code, § 17980.7, subd. (c)(11).) Also, “[i]f the court Þnds that a building is in a condi
Ÿon which substan
Ÿally endangers the health and safety of residents pursuant to Sec
Ÿon 17980.6, upon the entry of any order or judgment, the court shall do all of the following: … Order the owner to pay all reasonable and actual costs of the enforcement agency including, but n...

Excerpt: ... Explanation: Plaintiff Jeff Reich individually and doing business as The Reich Law Firm (together "Reich"), filed suit on July 19, 2021, to collect fees due for litigation services provided to Lucille Srabian and Morris Srabian in a prior lawsuit. Lucille Srabian ("Srabian") filed a Crosscomplaint against Reich. Srabian filed no opposition to the demurrer. Grounds for Demurrer to Cross-complaint Srabian's Cross-complaint has three causes of acti...

Excerpt: ...dant Clinica Sierra Vista. Within thirty (30) days of service of the order by the clerk, plaintiff Najeeb K. Ansari, M.D. shall pay the sanctions to defendant Clinica Sierra Vista's counsel. In the event of a timely request for oral argument, such argument will be entertained on Thursday, October 19, 2023, at 3:30 p.m. in Department 501. Explanation: On January 19, 2023, the discovery at issue was served on plaintiff Najeeb K. Ansari, M.D. ("Plai...

Excerpt: ...n: Under Government Code section 911.2, subdivision (a), a plaintiff alleging a claim against a government entity must present their claim within six months of the accrual of the cause of action. "A cause of action for childhood sex molestation generally accrues at the time of the alleged molestation." (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 910.) In Shirk v. Vista Unified School District (2W7) 42 Cal.4th 201, the California Supreme Court ...

Excerpt: ...tiff cannot prevail on her first cause of action for harassment based on her disability because she was not subjected to any severe or pervasive conduct that would qualify as harassment during her employment with Saint Agnes. "In construing California's FEHA, this court has held that the hostile work environment form of sexual harassment is actionable only when the harassing behavior is pervasive or severe. This limitation mirrors the federal cou...

Excerpt: ...counsel shall call the court to take the demurrer as to defendant Person off calendar. If it does not resolve the issues, counsel for defendant Person shall file a declaration on or before November 1, 2023, stating, in detail, the efforts made. Defendant Fresno Unified School District's demurrer is continued in order to have the motions heard the same date. Explanation: Ctxle of Civil Procedure section 430.41, subdivision (a), makes it clear that...

Excerpt: ...If a timely request for oral argument is made, such argument will be entertained on Wednesday, October 11, 2023, at 3:30 p.m. Explanation: Meet and Confer Plaintiffs assert that defendants failed to comply with Code of Civil Procedure section 435.5. Specifically, plaintiffs argue that defendants failed to meet and confer with plaintiffs regarding the issues raised by the motion to strike, though defendants still had ample time to meet and confer ...

Excerpt: ...efendant California Department of Transportation ("Defendant") seeks to stay the present matter in favor of allow-ng a parallel proceeding between it and plaintiff Maisa Kurdi ("Plaintiff") to proceed. An application for a stay is addressed to the sound discretion of the trial court. (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) In exercising its discretion, the court should consider the importance of, among other things, avoiding ...

Excerpt: ... matters specified in the Requests for Admission, Set Two, are to be deemed admitted unless each defendant serves, before the hearing, a proposed response to the Requests for Admission that is in substantial compliance with Code of Civil Procedure section 2033.220. (Code Civ. Prcyc., S 2033.280, subd. To grant monetary sanctions against defendants Harpreet Singh and Nijjar Cargo Solutions, Inc., in the amount of $940.00 as to each defendant. Mone...

Excerpt: ...f the minute order. Explanation: The function of a demurrer is to test the suffciency 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 his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.A...

Excerpt: ... (See Code Civ. Proc., SS 377.31 et seq.) If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: On February, 28, 2023, defendant took plaintiff's deposition. During the depositon, an issue arose regarding production of documents. As follow up to the deposition, defendant has requested plaintiff produce certain of plaintiff's social media messages, emails, and text...

Excerpt: ...tion of Los Angeles Superior Court Case Number 20STCV33816. If a timely request for oral argument is made, such argument will be entertained on Friday, September 29, 2023 at 10:00 a.m. Explanation: A defendant may make a plea in abatement pursuant to Code of Civil Procedure section 430.10, subdivision (c). This section provides for a demurrer based on "another action pending between the same parties on the same cause of action." (Code Civ. Proc.,...

Excerpt: ...rrer that "[tlhe complaint is just stating allegations without one proof, no evidence was given that supports those allegations whatsoever." (See Demurrer at p. 2:4.) However, in deciding a demurrer, "the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) In other words, the court does not concern itself with the issue of plaintiff's...

Excerpt: ...dards Enforcement (DLSE), which seek certain documents and the names of witnesses against it in the administrative proceeding the DLSE has brought against it for failure to list Covid-19 supplemental leave on its employees' wage statements. Petitioner contends that it needs this information in order to prepare its defense and to avoid unfair surprise at the informal administrative hearing on fts appeal of the citations. Petitioner cites to arovel...

Excerpt: ... to amend. Explanation: Demurrer: "The purpose of the [Elder Abuse Act was) essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33; see also Covenant Care, Inc. v. Superior Court (2CN) 32 Cal.4th 771, 787.) "In order to obtain the remedies available in section 15657, a plaintiff must demonstrate by clear and convinci...

Excerpt: ...service of the order by the clerk. Explanation: Second Cause of Action A class-of-one plaintiff, such as is the case here, must allege "that (1) the plaintiff was treated differently from other similarly situated persons, (2) the difference in treatment was intentional, and (3) there was no rational basis for the difference in treatment." (Las Lomas Land Co., LLC v. City of Los Angeles (20439) 177 Cal.App.4th 837, 858.) The City of Fresno ("City"...