Excerpt: ... that transaction, plaintiff signed a Retail Installment Sales Contract ("RISC") which contained an arbitration clause. Problems with the vehicle ensued, and this "lemon law" action was filed on March 25, 2022, against Nissan and Naftoon, lnc„ a repair facility (but not the seller). The Complaint alleges the following causes of action: (1) Violation of the Song-Beverly Act — Breach of Express Warranty; (2) Fraudulent Inducement — Intentiona...

Excerpt: ...the issues, but merely discovers, through the medium of affdavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a trial. (Melamed v City of Long Beach (1993) 15 Cal.App.4th 70, 76; Molko v Holy Spirit Ass'n (1988) 46 Cal.3d 1092, 1107; Schwoerer v Union Oil Co. (1993) 14 Cal.App.4th 103, 110.) In short, the motion is not a substitute for a bench trial. Summary adjudicat...

Excerpt: ...an be amended and the distribution of any cy pres funds can be ordered. as to the amount paid to class members must be filed on or before August 1, 2024. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. In addition, there does n...

Excerpt: ... to address defects in pleadings otherwise not challengeable by a demurrer. (See Code Civ. Proc., S 435.) A motion to strike can be used to attack either a portion or the entirety of a pleading. (Ibid.) Waiver Cross-complainants rely on California Rules of Court, rule 8.54(c), for the position that cross-defendant's arguments are waived because he did not assert them in an opposition to the motion for leave to file a cross-complaint. The rule sta...

Excerpt: ...f the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. (3) A particular description of the property and a statement of its value. (4) A statement, according to the best knowledge, information, and belief of t...

Excerpt: ...f's motion to set the trial date against the estate of Robert Bray by September 7, 2023. To deny the alternative moton to extend the five-year statute for bringing the case to trial. Explanation: Summary Judgment Motion To the extent plaintiff seeks summary judgment against defendant Adi McKissen, the court has already granted McKissen's motion for judgment on the pleadings as to all claims alleged against her without leave to amend. Therefore, p...

Excerpt: ...ary judgment, except it acts on specific causes of action, rather than on the entire complaint. (Oroville Hospital v. Superior Court (2022) 74 Cal.App.5th 382, 398.) A plaintiff moving for summary judgment or adjudication of a cause of action must "prove[l each element of the cause of action entitling the party to judgment on that cause of action." (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241; Code Civ. Proc„ S 4...

Excerpt: ...ivision (a), "[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may...

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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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...