Excerpt: ... Plaintiff may file and serve a Second Amended Complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. To grant the moton to strike portions of the First Amended Complaint only as to the prayer for punt-ive damages, without leave to amend. To deny the motion to strike portions of the First Amended Complaint on all other grounds. Explanation: On June 30, 2022, plaintiff filed suit against defe...

Excerpt: ...ice by the clerk of the minute order. All new allegations/language must be set in boldface type. To deny the motion to strike. Explanation: The express basis for the demurrer is that the Second Amended Cross-complaint fails to state facts constituting a cause of action, based upon Code of Civil Procedure section 431.10, subdivision (e). Plaintiffs also demurred for uncertainty to the second and third causes of action. The request for judicial not...

Excerpt: ...ments are alleged to be confidential business records that contain proprietary information on defendant's operations. Defendant additionally notes that a prior court order for protection authorizes the filing of confidential information under seal. However, "[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. Ru...

Excerpt: ...ease agreement, or an assignee of the lease agreement. Thus, U.S. Bank National Association was not the real party in interest who had the right to sue on this claim. (Code Civ. Proc., S 367; Jasmine Networks, Inc. v. Superior Court (2009) 180 Cal.App.4th 980, 991 [noting that while the standing statute/requirement is "superficially concerned with procedural rules," application of the statute "really calls for a consideration of rights and obliga...

Excerpt: ...efendants bear the burden of proving that there is a complete defense to each challenged cause of action or that plaintiff cannot establish one or more elements of each of its challenged causes of action. (Barber v. Marina Sailing, Inc. (1995) 35 Cal.App.4th 558, 562.) If that burden is met, plaintiff can defeat the motion by demonstrating a triable issue of material fact. (Martinez v. Enterprise Rent-Acar Co. (2004) 119 Cal.App.4th 46, 52-53.) I...

Excerpt: ...action for fraud, the fifth cause of action for conspiracy, the sixth cause of achon for declaratory relief, and the seventh cause of action for unjust enrichment. She argues that plaintiff has not stated any valid claims against her because plaintiff admits in his Third Amended Complaint that the contract that he executed with the Brays to purchase the subject property was invalid because the Brays did not have the authority to sell the property...

Excerpt: ...ate facts sufficient to constitute a cause of acton. To sustain defendant Saint Agnes Medical Center's demurrer, with leave to amend, for failure to state facts sufficient to constitute a cause of acton. To sustain defendant Sierra Pacific Orthopedics' demurrer, with leave to amend, for failure to state facts sufficient to constitute a cause of action. Plaintiff is granted 10 days' leave to file a Second Amended Complaint. The time to file such p...

Excerpt: ...ponses and for sanctons as to special interrogatories nos. 7, 9, 10, 16, 24, 27, 81, 88, 101, 102, 105, 107, 111, 112, 113, 135 and 188, form interrogatory 8.7, and request for production no. 8. After plaintiff CMC served supplemental responses on 11/14/22, the court continued the hearing and ordered the parties to meet and confer to resolve and narrow any remaining issues: "After an exchange of letters setting forth the parties' positions (with ...

Excerpt: ... within an action or one or more issues of duty, if the party contends that there is no affrmative defense to the cause of action, „ or that one or more defendants either owed a duty to the plaintiff (Code Civ. Proc., S 437c, subd. (f)(l).) Plaintiff Fresno Community Hospital and Medical Center, d/b/a Community Health System ("CMC") moves for summary adjudication of the first cause of action for breach of contract against Community Regional Med...

Excerpt: ...y demur to the entirety of the Complaint of plaintiffs Julie Osborn and Carolyn Michelle Barnes, an individual and as trustee to the Homer R. Osborn Living Trust, UTD December 4, (together "plaintiffs"). Defendants further generally demur to the entirety of the Complaint for failure to state facts sufficient to constitute a cause of action. The Complaint states twelve causes of action: (1) financial elder abuse; (2) physical and emotional elder a...

Excerpt: ...ept as otherwise provided by law and subject to the power of the court to transfer actions or proceed-ngs as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action." (Code Civ. Proc., S 395, subd. (a).) Also, "if a defendant has contracted to perform an obligation in a particular county, the superior court in the county ...

Excerpt: ...tal filing shall be made no later than p.m. on October 24, 2023. Explanation: Plaintiff Kelly Roberts ("plaintiff") brings a single cause of action under PAGA on behalf of herself and all aggrieved employees under Labor Code secton 2698 et seq. Defendants Sally Beauty Holdings, Inc. and Beauty Systems Groups LLC (together "defendants") now seek an order compelling plaintiff to arbitrate her PAGA claim as an individual, and to dismiss the represen...

Excerpt: ... view to substantial justice between the parties. (Code Civ. Proc. S 452.) The allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Mere legal conclusions of oppression, fraud or malice are insufficient to support punitive damages allegations and therefore may be stricken. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.) However, if looking to the comp...

Excerpt: ...rrer to the fourth cause of action. To grant the motion to strike. To grant leave to amend. Should plaintiff desire to amend, the Second Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to amend, demurring defendants shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: The demurring defendants challe...

Excerpt: ...rm Interrogatories (Set One); and 5) Imposing Monetary Sanctions Jointly Against All Defendants Tentatve Ruling: To grant plaintiff Huey Hodges, Jr.'s motion to strike Defendant Disaster Relief International, Inc.-DRI, Inc. ("DRI") from the Answer filed October 14, 2022. To find the motion to compel defendant DRI's responses to form interrogatories moot in light of striking defendant DRI from the Answer. To grant plaintiff's motons to compel resp...

Excerpt: ...impose monetary sanctions in the sum of $3,210, to be paid by GM to plaintiffs' counsel within 20 days of service of the order by the clerk. Explanation: Plaintiffs move to compel further responses to production demand nos. 16-31, 33, 37-41 and 45-46. In response to these demands, GM served objections and stated that no documents would be produced. After the parties entered into a protective order, GM proceeded to produce a number of documents, b...

Excerpt: ...tly and severally, in the amount of $660, payable to the Law Office of Amy R. Lovegren-Tipton, APLC within 30 days of the clerk's service of the minute order. Explanation: Code of Civil Procedure section 2023.010 defines "misuses of the discovery process" as including, "failing to respond or submit to an authorized method of discovery" and "disobeying a court order to provide discovery." (Code Civ. Proc. S 2030.010, subds. (d) & (g).) Secton 2023...

Excerpt: ...rticipation) motion is entitled to attorney fees. (Code Civ. Proc., S 425.16, subd. (c)(l).) Even where the plaintiff dismisses the action or part of the action prior to the hearing, courts have uniformly held that the trial court retains jurisdiction to award attorney fees against the plaintiff. (Coltrain v. Shewalter (1998) 66 Cal.App.4th 94, 107.) A number of courts have held that the determinative question as to whether fees should be awarded...

Excerpt: ...ithin 20 days of the clerk's service of this order. New or different allegations in a Third Amended Complaint are to be set in boldface type. To strike and overrule the demurrer by HSBC Bank, LISA and Mortgage Electronic Registration System. Explanation: Demurrer by Wells Fargo Bank, N.A. ("Wells Fargo") "To withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern Cal. Rapid Tr...

Excerpt: ...g the following factors (evaluated as of the time of the settlement): 1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) the amount paid in settlement; 3) a recognition that a settlor should pay less in settlement than if found liable after a trial; 4) the allocation of the settlement proceeds among plaintiffs; 5) the settlor's financial condition and insurance policy limits, if any; and 6) eviden...

Excerpt: ...laremont Capital Partners, LLC dba Ocean Grown Extracts dba Evidence ("Claremont LLC"), and four new causes of action relating to these parties' interference with the business and contractual relations between plaintiff and defendant Latchkey Pioneers, LLC ("Pioneers"). Plaintiff has met the formalities required of a motion to amend the Complaint, and has given due notice to all appearing defendants. Motions for leave to amend pleadings are direc...

Excerpt: ...creditor of a lesser sum in full satisfaction of the judgment." (Code Civ. Proc., S 724.010, subd. (a).) "For the purposes of subdivisions (b) and (c), the date a money judgment is satisfied in full or in part is the earliest of the following times: (2) The date satisfaction is tendered to the judgment creditor or deposited in court for the judgment creditor." (Code Civ. Proc., S 585.030, subd. (d)(2).) Upon satisfaction of the judgment, the judg...

Excerpt: ...ere preference is to be granted based on age, medical reasons, in the interests of justice, or based on time for trial. Here, plaintiff and cross-defendant are requesting preference based on the Code of Civil Procedure section 36, subdivision (a). Subdivision (a) provides: (a) A party to a civil acton who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:...

Excerpt: ...") for indemnity and declaratory relief, pursuant to Code of Civil Procedure section 426.50. Defendant contends that it seeks to state a claim against plaintiff for issues arising out of the same facts and incidents alleged by plaintiff in the first amended complaint. As defendant seeks to state a claim against plaintiff related to plaintiff's causes of action, the cross-complaint is compulsory. (Code Civ. Proc. S 426.30, subd. (a).) Where a prop...

Excerpt: ... only the evidence on reply may be filed by plaintiff no later than on Friday, June 16, 2023, at 5:00 p.m. A response to plaintiff's briefing may be filed by PVB no later than on Thursday, June 22, 2023, at 5:00 p.m. Explanation: A defendant who prevails on an ant-SLAPP (Strategic Litigation Against Public Participation) motion is entitled to attorney fees. (Code Civ. Proc., S 425.16, subd. (c)(l).) Even where the plaintiff dismisses the action o...