Excerpt: ...endment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citation.] 'In the furtherance of justice, trial courts may allow amendments to pleadings and if necessary, postpone trial.... Motions to amend are appropriately granted as late as the first day of trial or even during trial if the defendant is ...

Excerpt: ...an be filed will run from service by the clerk of the minute order. To overrule defendant's moton to strike as to punitive damages. To overrule defendant's moton to strike paragraphs 35 through 70. 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 caus...

Excerpt: ...bitrate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant Nissan North American, Inc. ("Nissan") moves to com#l arbitration of plaintiff's action pursuant to an arbitration clause in a retail installmen...

Excerpt: ...e cause of action for declaratory relief against defendants California Department of Human Resources and Eraina Ortega as Director for the California Department of Human Resources (collectively "defendants"). Plaintiff seeks a judicial declaration of its rights as affected by defendants' interpretation of certain state law. Defendants filed the instant demurrer to the First Amended Complaint ("FAC") on several grounds: (1) the court lack jurisdic...

Excerpt: ...ns against defendant Himanchal Verma in the amount of $500 for failure to serve discovery responses in compliance with the court's July 19, 2022 order. (Code Civ. Proc. SS 2023.030, subd. (a); 2030.300, subd. (e).) Explanation: Court's Motion to Strike the Answer of AC Express, LLC Defendant AC Express, LLC filed an answer to the complaint on August 30, 2021 as a self-represented litigant and, to date, remains without attorney representation. Thi...

Excerpt: ...dly to have been secured by real property (the "Property") sold by Plaintiff to Michael Cornell, deceased spouse defendant Margaret Cornell. Objections Initially, the court notes that it sustains objection number 6 to the Vic Pasnick email, as the document is not authenticated and constitutes hearsay. The remainder of the objections are overruled. Request for Continuance According to Plaintiff's counsel, Plaintiff has been out of the country sinc...

Excerpt: ...termine the appropriate public entity for petitioners' government claims; however, these efforts proved unsuccessful until. Representation on another matter for the driver, Mr. Steele, concluded and in the process of closing out that matter, this matter was inadvertently marked as resolved in the law firm's calendaring system. Counsel discovered this error in September of 2022, four months after the petitioners' claims should have been presented ...

Excerpt: ...planation: Plaintiff is Entitled to an Award of Fees and Costs A prevailing plaintiff under the Consumer Legal Remedies Act (CLRA) is entitled to an award of his or her attorney's fees and costs. Under Civil Code section 1780, subdivision (e), "The court shall award court costs and attorney's fees to a prevailing plaintiff in litigation filed pursuant to this section." (Italics added.) Here, plaintiff is the prevailing party in the CLRA litigatio...

Excerpt: ...for denial of the moton exists (e.g., fraud, unconscionability, etc.) (Rosenthal v. Great Western Finll Securites Corp. (1996) 14 cal.4th 394, 413-414; Hotels Nevada v. L.A. Pacific ctr., Inc. (2006) 144 cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) Defendants contend that the alleged arbitration agreement in this case is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. SS 1, et seq. Section 2 of the F...

Excerpt: ...by plaintiffs Richard Gaestel and Cindee Gaestel Lopez (collectively "Trustee Plaintiffs"). In determining a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 883.) On demurrer, the court must determine if the factual allegations of the complaint are adequate to state a cause of achon u...

Excerpt: ...ject to the moton to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion to strike the amended pleading. (Code Civ. Proc., S 435.5, subd. (a), emphasis added.) In order to obtain an extension of time to file a respo...

Excerpt: ...'s motion to compel arbitration moot. Explanation: On June 29, 2022, plaintiffs filed the present achon regarding the purchase of a 2020 Chrysler Pacifica, which plaintiffs allege came with certain warranties. Problems with the vehicle ensued which form the basis of the instant complaint for damages. Plaintiffs brought five causes of achon against defendant FCA US, LLC ("FCA"), and one cause of action against defendant Fresno Chrysler Jeep Inc. d...

Excerpt: ...of his PAGA claim against defendant, and dismiss the representative portion of the PAGA claim. To stay the court action pending the outcome of arbitration. (Code Civ. Proc. S 1281.4) Explanation: under the Federal Arbitration Act ("FAA"), A written provision in a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or...

Excerpt: ...ent. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 93-95.) "Class certification requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well-defined community of interest, and (3) that certification will provide substant...

Excerpt: ...of the date of mailing of this order. Explanation: Plaintiff's first amended complaint fails to allege that she complied with the requirements of the Government Tort Claims Act, and therefore it fails to state any valid causes of action against defendants West Park Elementary School District and Kimberly Vivenzi. "[Government Codel Section 905 requires the presentation of 'all claims for money or damages against local public entities,' subject to...

Excerpt: ...r an Order Compelling Plaintiff's Further Responses to Requests for Admission Tentative Ruling: To grant in part defendant's motion to compel plaintiff to provide further responses to Form Interrogatories — General, and order plaintiff to provide further responses to Nos. 2.11(b), 8.5, 8.6, 8.7, 8.8. To deny the motion as to Nos. 2.3, 2.11(a), 8.4, 11.1, 11.2. To grant in part defendant's motion to compel plaintiff to provide further responses ...

Excerpt: ...ial fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., 5437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) "A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (Code of Civ. Proc., S 437c subd. (f)(l); see also Catalano v. Superior Court (2000) 82 Cal.App.4th 91, 97 [piecemeal...

Excerpt: ...ent can 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 March 5, 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 do...

Excerpt: ...t Beau Pennington only. Plaintiff is granted 10 days' leave to file the Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Non-solicitation/Non-compete Agreements and Trade Secrets Business and Professions Code section 16600 states, "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful prof...

Excerpt: ...t for Production of Documents, Set One (1), which Defendant propounded on the Plaintiff June 24, 2022, within 10 days of service of this Order. To order Plaintiff to provide objectionless and verified responses to Form Interrogatories, Set One (1), which Defendant propounded on the Plaintiff on June 24, 2022, within 10 days of service of this Order. To order Plaintiff to provide objectonless and verified responses to Special Interrogatories, Set ...

Excerpt: ... to file the First Amended Cross-complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Cross-complaint Generally For a cross- complaint, claims against the plaintiff can be asserted regardless of the subject matter relationship; however, for claims against anyone else, the claims must relate to the subject matter or transaction alleged in the plaintiff's compla...

Excerpt: ...n of the cross-complaint. Explanation: A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The issue to be determined by the trial court in consideration of a motion for summary judgment is whether or not any facts have been presented which give rise to a triable ...

Excerpt: ... court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code of Civ. Proc., § 437c subd....

Excerpt: ...cur within 21 days of the date of this Order. To impose $2,453.10 in monetary sanctions against Defendant Ralph's Grocery Company dba Food's Co., to be paid to counsel for Plaintiff within 30 days of service of the Order by the clerk. Explanation: Code of Civil Procedure section 2025.450 provides, in pertinent part, as follows: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee...

Excerpt: ...for recovery of a monetary judgment for $386,092.76 granted on July 28, 2011 from the United States Bankruptcy Court. (See Complaint, ¶ 5; Ex. A.) Defendant - who was the debtor in the bankruptcy proceeding - appealed the judgment, and the Ninth Circuit Court of Appeals published its final decision on July 28, 2014 (“2014 Decision”). (See In re Shawn Deitz (9th Cir. 2014) 760 F.3d 1038, 1039 [holding that the Bankruptcy Appellate Panel (“B...