Excerpt: ...ivative claims on behalf of Williams & Doris Land & Energy and Oil City LLC (referred to collectively as the "WLDE Defendants"). WLDE Defendants move to require plaintiff to post a $50,000 bond pursuant to Corporations Code section 17709.02, subdivision (b). Within 30 days after service of summons on a limited liability company, the company may move the court for an order requiring the plaintiff to furnish security. (Corp. Code, S 17709.02, subd....

Excerpt: ...ons of the First Amended Complaint ("FAC") pursuant to Code of Civil Procedure section 418.10, subdivision (a)(l). In the alternative, Defendant seeks to set aside the entry of default against her.l Code of Civil Procedure section 418.10, subdivision (a)(l) provides that a defendant, on or before the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion to quash s...

Excerpt: ...he motion to strike without leave to amend. If oral argument is timely requested, it will go forward Wednesday, October 18, 2023, at 3:30 p.m., in Dept. 403. Explanation: Self-represented plaintiff Victor M. Alvaro Garcia filed a three-page Judicial Council form complaint against defendant Carmen Elizabeth Tharp. The defendant demurs to the complaint on the ground that it lacks the necessary allegations to state a cause of action against her. Mee...

Excerpt: ...uent bad faith denial (in part) of his insurance policy claim. The complaint includes the following causes of acton: breach of contract and breach of the implied covenant of good faith and fair dealing. Plaintiff seeks the following: general, special, economic, and consequential damages (according to proof), puritive damages, attorney's fees, costs, and pre-judgment interest. Defendant filed its motion to strike with regard to Paragraph 34 (Page ...

Excerpt: ...two on the back, but here counsel has not signed any of the lines. The form is mandatory and must accompany every default judgment application. (Cal. Rules of Court, rule 3.1800(a).) Therefore, since the request for default judgment is incomplete, the court cannot grant the application. Also, while plaintiff's CEO, Richard Torosian, has provided a declaration summarizing the amount of damages, which are based on the unpaid shipping invoices, Mr. ...

Excerpt: ... which contained an arbitration clause. Problems with the vehicle ensued, and this "lemon law" action was filed on November 8, 2022, against Kia, but not the seller. The Complaint alleges the following causes of action: (1) Violation of the Song-Beverly Act— Breach of Express Warranty; (2) Violation of the Song-Beverly Act— Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act section 1793.2. Kia now moves to compel arbitratio...

Excerpt: ...n ten (10) days from the date of this order. Explanation: Plaintiff's allegations of medical negligence typically require competing expert opinion to defeat a motion for summary judgment. (See Nieto v. Blue Shield of California Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 75; Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1001.) In other words, defendant is entitled to summary judgment and the motion must be grant...

Excerpt: .... To impose monetary sanctions in the amount of $6,825 against defendant South Bay Safety Inc. (not its attorney). Defendant South Bay Safety Inc. (not its attorney) shall pay the monetary sanctions to plaintiff's counsel within thirty (30) days from the date of this order. If a timely request for oral argument is made, such argument will be entertained on Friday, October 6, 2023, at 10:30 a.m. Explanation: Code of Civil Procedure secton 2023.010...

Excerpt: ...e clerk. Explanation: Initially the court notes that in previously granting leave to amend, plaintiff was directed to place all new allegations in boldface type. Plaintiff did not follow this direction. In the future please place new allegations in boldface type when requested, to facilitate the evaluation of such a long amended pleading. Also, plaintiff's opposition brief does not have page numbering, as required by Cal. Rules of Court, rule 2.1...

Excerpt: ...fornia, Inc. and Javier Rene Gonzalez-Martinez are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: Plaintiff Emma Kormas ("Plaintiff") filed a First Amended Complaint ("FAC") for eight causes of action: 1. Intentional Misrepresentation; 2. Negligent Misrepresentation; 3. Breach of Fiduciary Duty; 4. Financial Elder Abuse; 5. Negligence; 6. Negligent Supervision and Training; 7. Concealment; and...

Excerpt: ...ll new allegations shall be placed in boldface type. Explanation: Housing Authority's Demurrer The Housing Authority of the City of Fresno demurs on the ground that plaintiff fails to plead compliance with the claim presentation requirements. The Complaint alleges that Fresno Housing Authority is a public entity. (See Complaint, 5(a).) Compliance with the claim filing requirements (i.e., Gov. Code, SS 910, 912.4, 912.8 and 945.4) is an essential ...

Excerpt: ... allegations/language must be set in boldface type. 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 his co...

Excerpt: ...grant the motion to strike with ten (10) days leave to amend which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To find that defendants adequately attempted to meet and confer with plaintiffs' counsel, who effectively refused to do so. Explanation: The express basis for the defendants' demurrer is that the complaint and each of its causes of action fail to state sufficient facts to...

Excerpt: ...shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56 did provide some guidance. The court explained that "many federal district courts have applied the 'fair, reasonable, an...

Excerpt: ...o, City of Fresno Code Enforcement Division and John Giannetta's demurrer to the Second Amended Complaint, with leave to amend. (Code Civ. Proc. S 430.10, subd. Plaintiffs Bryce D. Hovannisian and Lindsay E. Hovannisian shall serve and file an amended complaint within ten (10) days of the date of service of this order by the clerk. All new allegations shall in boldface. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), ...

Excerpt: ...It argues that its attorney, Sumair Sandhu, had intended to file a demurrer and/or a motion for change of venue, but another attorney at the defense firm instead mistakenly filed the answer and crosscomplaint. Declarations from both defense attorneys are presented in support of the motion. While the court does not doubt counsels' contention that an excusable mistake was made, and it also agrees with the reply argument that there has been no unrea...

Excerpt: ...serve and file supplemental opposition by the close of business on December 7, 2023. Defendant shall serve and file fts supplemental reply by the close of business on December 15, 2023. The trial date of October 30, 2023 is off calendar. Explanation: Defendant General Motors has moved for summary judgment, or in the alternative summary adjudication of the plaintiffs claims for breach of express and implied warranties under the Song-Beverly Consum...

Excerpt: ...ance Corporation are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: The court initially notes defendants Sordi Properties and The La Hacienda Condominiums Maintenance Corporation, erroneously sued as La Hacienda Condominiums Maintenance Group, (collectively "Defendants") failure to demonstrate compliance with Code of Civil Procedure section 430.41, subdivision (a), which requires parties to me...

Excerpt: ...v. Proc„ SS 436, subd. (a); 431.10, subd. (c)), and, as recogn-zed in plaintiff's opposition, it is "[t]he policy of the law [l to construe the pleadings "liberally 'with a view to substantial justice.' (Citation.)" (Opp. at p. 2:27- 28.) It is also well settled that "[o]nce the employer admittedly becomes vicariously liable for the negligent acts of the employee, there is no remaining basis at a future trial to attempt to prove the negligence ...

Excerpt: ...d conditionally under seal (and served as set forth in the Rules). Other particulars required on a motion to seal are set forth in the Rules. The court will not address the merits until the moton is correctly filed and the Rules of Court are properly followed. (See Cal. Rules of Court, Rules 2.550-2.551.) Furthermore, it should be noted that the proposed sealing must be narrowly tailored, since sealing court records conflicts with the First Amend...

Excerpt: ...rocedure. Once a motion to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further monetary sanctions. (Code Civ. Proc. SS 2030.290, subd. (c), 2031.300, subd. Sanctions for failure to comply with a court order are allowed only where the failure was willful. (R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 cal.App.4th 4...

Excerpt: ...timony by defendant Susan Patten ("Defendant") in an underlying probate proceeding. The Complaint states five causes of action: (1) abuse of process; (2) breach of contract; (3) constructive trust; (4) fraudulent inducement; and (5) intentional infliction of emotional distress. Defendant brings the present special motion to strike ("anti SLAPP") against the entirety of the Complaint pursuant to Code of Civil Procedure section 425.16. A SLAPP suit...

Excerpt: ...ive damages allegations, once plaintiff has obtained discovery of further facts warranting punitive damages. Defendants shall file their answer(s) to the FAC within 10 days of service of the order by the clerk. Explanation: "The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, (b) Strike out al...

Excerpt: ...ee-prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movant's favor; and determining whether the opposition demonstrates the existence of a triable issue of material fact. (Hutton v. Fidelity National Title Co. (2013) 213 Cal.App.4th 485, 493.) The moving party bears the burden of showing the court that t...

Excerpt: ... However, "[al 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." (CCP S 437c(f)(1); see also Catalano v. Superior Court (20CO 82 Cal.App.4th 91, 97 [piecemeal adjudication prohibitedl.) The ultimate burden of persuasion rests on defendant, as the moving party. The initial burden of production is on defendant to show by a preponde...