Excerpt: ...ded Cross-complaint, which will run from service by the clerk of the minute order. New allegations/language must set in boldface type. Explanation: Cross-Defendant SpotOn Transact, LLC ("SpotOn") demurs to the third and fourth causes of action in cross complainants' second amended cross-complaint (SACC) on the basis that each falls to state facts sufficient to state a cause of action. (Code Civ. Proc. 5430.10, subd. (e).) Additionally, SpotOn dem...

Excerpt: ...herein on October 5, 2022. Plaintiff's complaint, against each of the other drivers, alleges a claim for negligence resulting in personal injury and property damage. On November 8, 2022, defendant Macias filed his general denial and asserted six (6) affirmative defenses. Subsequently, the parties entered into a stipulation whereby plaintiff was to file a first amended complaint. On March 30, 2023, defendant Mac:ias filed his answer to the first a...

Excerpt: ...Kræker, M.D. ("Defendant") brings the present general demurrer as to the first cause of action, for medical battery, for failure to state facts sufficient to constitute an action. On a demurrer a court's function is limited to testing the legal suffciency of the complaint. A demurrer is simply not the appropriate procedure for determining the truth of disputed facts. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113-...

Excerpt: ...or Production of Documents (set three) within twenty (20) days from the date of this order. Plaintiff Kathleen Slatic shall pay monetary sanctions of $807.50, payable to counsel for Daniel Ashley within twenty (20) days from the date of this order. To set a status conference on Tuesday, November 13, 2023 at 3:30 p.m. in Dept. 403 re compliance with this order and the imposition of issue/terminating sanctions. On or before November 1, 2023 Plainti...

Excerpt: ...Group, LLC's Answer to Complaint filed on January 20, 2022; (2) PEP Partners, LLC's and LJ88C Group, LLC's Crosscomplaint filed on January 20, 2022; and (3) PEP Partners, LLC's and UBBC Group, LLC's Answer, filed on May 17, 2022, to Cross-complaint of Green Capital Investments, LLC and Green Capital Management Services, Inc. The court also enters the defaults of PEP Partners, LLC and UBBC Group, LLCto the complaint of plaintiff West Elm, LLC, and...

Excerpt: ...t against plaintiff and cross-defendant Michael Menefee ("Cross-Defendant") regarding the use and enjoyment of 9714 South Leonard Avenue, Selma, California (the "Property"). Cross-complainants bring two causes of action of assumpsit, for unpaid rent, and for unjust enrichment. Cross-Defendant brings the instant demurrer to the Cross-complaint on several grounds: (1) the first cause of action fails to state the nature of the contract; (2) the firs...

Excerpt: ...f's evidentiary objections to portions of the Alejandra Garcia Declaration, the court is not making a ruling as to paragraph 9 as the court is not considering the 2009 agreement. The court is sustaining the objections to paragraphs 10 and 13. The court is overruling the objection to paragraph 11, with the exception of the words, "...that had been enclosed with the Memo..." Explanation: Under the Federal Arbitration Act ("FAA"), A written provisio...

Excerpt: ...e section 877.6, "Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notce in the manner provided in subdivision (b) of Section 1005." (Code Civ. Proc. S 877.6(a)(1).) "The issue of th...

Excerpt: ... exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., 5425.16, subd. (a).) plaintiffs/crossdefendants prevailed on their ant-SLAPP motion as to the defendant/crosscomplainant's cross complaint. The prevailing defendant on a special motion to strike "shall be entitled" to recover his or her attorney fees and costs, and this fee award is mandatory. (Code Civ. Proc., S 425.15, subd. (c); Ketchum v. Moses (2W1...

Excerpt: ... judgment consistent with the summary judgment rulings within ten (10) days from the date of this order. 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., S437c, 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 ...

Excerpt: ...ense to the complaint." (Code Civ. Proc., S 438, subd. (c)(1)(A).) Like a demurrer, a motion for judgment on the pleadings attacks defects disclosed on the face of the pleadings or by matters that may be judicially noticed. (Alameda County Waste Management Authority v. Waste Connections US, Inc. (2021) 67 Cal.App.5th 1162, 1173- 1174.) A motion for judgment on the pleadings is similarto a demurrer in most respects. (Ibid.) Except as provided in t...

Excerpt: ...t One) admitted. The truth of the matters specified in the Requests for Admissions are to be deemed admitted unless defendant Alan Stark 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. To grant monetary sanctions against defendant Alan Stark in the total amount of $510. Monetary sanctions are ordered to be paid within 30 calendar days fr...

Excerpt: ... and serve the corrected documents no later than Tuesday, August 15, 2023. Explanation: Notice of Motion A notice of motion must state in the first paragraph exactly what relief is sought and on what grounds the relief is sought. (Code Civ. Proc., S 1010; Cal. Rule of Court, rule 3.1110(a); see People v. American Sur. Ins. Co. (1999) 75 CA4th 719, 726.) The court cannot grant different relief, or relief on different grounds, than stated in the no...

Excerpt: ...grant the motion for protective order. (Code Civ. Proc. SS 2030.090, subd. (b)(3) and 2031.060, subd. (b)(2).) Defendant shall serve responses to Form Interrogatories, Set One, Request for Production of Documents, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set Two, within 10 days of service of the minute order. To impose monetary sanctions in favor of defendant Foster Poultry Farms, LLC and against plainti...

Excerpt: ...moving for summary judgment bears the initial burden to show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense thereto. Civ. Proc. S 437c, subd. Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) If defendant carries this initial burden of production, the burden of production shifts to plaintiff to show that a triable issue of material fact exists. Plaintiff does this...

Excerpt: ...uding any party to the action" (Code Civ. Proc., S 2025.010), "[e]ach of the statutes governing discovery contains a provision that requires that the parties, prior to invoking the assistance of the court, attempt to informally resolve their discovery disputes." (Townsend v. Superior Court (1998) 51 Cal.App.4th 1431, 1436-1437, emphasis added.) This requires an "an earnest attempt to resolve impasses in discovery." (ld. at p. 1438.) Trial in this...

Excerpt: ...n for protective order is denied for a number of reasons. First, the motion is procedurally improper. The motion is brought pursuant to Code of Civil Procedure section 2030.090, bringing within the scope of Local Rule 2.1.17. Plaintiff never filed a request for pretrial discovery conference. Second, the motion is untimely. A moton for protective order is to be made promptly, before the 30-day period within which to respond to the discovery. (Code...

Excerpt: ...serve a supplemental declaration addressing the amount of attornevs fees no later than August 2, 2023. Cross- complainant may also file a supplemental declaration and a supplemental brief no later than August 3, 2023. Any supplemental brief shall not exceed five pages. To sustain cross-defendant's evidentiary objections as to the Schwinn Declaration paragraphs 7 and 8 and the Request for Judicial Notice paragraphs 4 through 29 and Exhibits 1 thro...

Excerpt: ...ence to alienate her from plaintiff For convenience, the court will refer to plaintiff Erin Stratte as Erin and defendant Eric Stratte as Eric. The Complaint includes a cause of acton under the False Claims Act brought on behalf of the State of California. The claim is based on the allegation that defendants presented a false claim to the State to defraud decedent out of her CalPERS pension and medical benefits. On April 11, 2023, Eric was served...

Excerpt: ...denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities 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.) This case is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. S 1, et seq. Section 2 of the FAA provides for enforcement of arbitration provisions in any co...

Excerpt: ... filed on March 9, 2023, for the reasons explained below, and the clerk is directed to remove "Yolanda Cardenas as Executor of the Estate of David Cardenas, Deceased" from being designated as Doe 1 in this action. Explanation: Plaintiff filed opposition to this motion very late, namely on July 17, 2023. That was only three court days before the date initially set for hearing.l The court has discretion to refuse to consider papers filed after the ...

Excerpt: ... Department 403, to allow Defendants/cross-complainants' PEP Partners, LLC and UBBC Group, LLC one last chance to retain new counsel, and to file written notice of new counsel's contact information on or before Friday, September 1, 2023. If new counsel is not retained, the court intends to grant this motion in all respects. Explanation: A corporation is not a natural person, and therefore cannot appear in an action in propria persona, but instead...

Excerpt: ...proceeding." "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., S 1032, subd. (a)(4).) Defendant was the "prevailing party" in the litigation. The court granted summary judgment in favor of the Ci...

Excerpt: ...248, 254, 57 s.ct. 163, 81 L.Ed. 153, explained, 'the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants" (St. Paul Fire and Marine Insurance Company v. AmerisourceBergen Corporation (2022) 80 Cal.App.5th 1, 13—14, citations omitted.) Also, under Code of Civil Procedure section 923, the tria...

Excerpt: ...nd. To sustain defendant Next Green Wave, LLC's demurrer to the first and second causes of action, with leave to amend. To grant defendant Next Green Wave, LLC's motion to strike the prayer for attorneys' fees and the prayer for punitive damages. Plaintiff shall serve and file his Second Amended Complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: The function of a demurrer is...