Excerpt: ...an be used to: “(a) Strike out any irrelevant, false, or improper matter inserted in any pleading”; or “(b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.”(Code Civ.Proc. §§ 431.10, subd.(b); 436, subd.(a).) A court will “read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their ...

Excerpt: ...e evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this determination, courts usually follow a three‐prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating th...

Excerpt: ...the court shall grant the motion only if it completely disposes of the defense. The plaintiff bears the initial burden to show there is no triable issue of material fact as to the defense and that he or she is entitled to judgment on the defense as a matter of law. In so doing, the plaintiff must negate an essential element of the defense, or establish the defendant does not possess and cannot reasonably obtain evidence needed to support the defe...

Excerpt: ... damages and non‐economic, emotional distress damages, with leave to amend. (Code Civ. Proc. §§ 435, 436.) Plaintiff shall serve and file his first amended complaint within twenty days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer: First, the entire complaint is uncertain in that plaintiff has not alleged clearly which defendants committed which wrongful acts against him, or how their ac...

Excerpt: ...ause of action. To deny the motion to strike allegations concerning punitive damages. To grant the motion to strike the prayer for attorney's fees. Explanation: Demurrer: First Cause of Action – Quiet Title A cause of action for quiet title must be verified and include the following: 1) a description of the real property that is the subject of the action, including both the legal description and street address; 2) the title or interest of the p...

Excerpt: ...to consider late‐filed papers so long as the responding party has been given adequate notice and an opportunity to respond. (See Michael H. v. Gerald D. (1987) 191 Cal.App.3d 995, 1004.) Defendants provided a timely, complete reply to Plaintiff's opposition. Plaintiff's late papers will be considered. Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence'...

Excerpt: ... action settlement, it must grant preliminary certification of the proposed class. (Cal. Rules of Court, rule 3.769(d).) Before a court may approve the settlement, the settlement class must satisfy the normal prerequisites for a class action. (Amchem Prods., Inc. v. Windsor (1997) 521 US 591, 625‐27.) However, because a trial court is considering certification in a settlement context, the court's review of certification is lessened, particularl...

Excerpt: ...t of $950.00 are ordered against plaintiff's counsel Edward Kerley, and his law firm, Kerley Schaffer LLP, and shall be paid to the court no later than Wednesday, October 16, 2019. Explanation: Sanctions under Code of Civil Procedure section 128.5 Sanctions under this statute must be denied, since subdivision (i) of Code of Civil Procedure Section 128.5 expressly states that this sanctions statute “applies to actions or tactics that were part o...

Excerpt: ...construe the failure to file a memorandum as an admission that the motion is not meritorious and there is cause for its denial. (Cal. Rules of Court, rule 3.113, subd. (a).) Nonetheless, it is assumed that Petitioner is seeking relief from dismissal under Code of Civil Procedure section 473, and the motion has been analyzed based on that assumption. The reason Petitioner gives to justify relief from dismissal is that he did not know about the Ord...

Excerpt: ...ins unanswered, as plaintiff has failed to provide any valid basis to determine potential damages. Considering that counsel interviewed some fifty of the class members (almost 1/6th of the class) and obtained payroll and time records, the employment of an expert to determine a violation rate and consequent probable damages in a statistically valid manner should be relatively uncomplicated, but is necessary. b. Standards An agreement of the partie...

Excerpt: ...g Materials Co. Tentative Ruling: To overrule all special demurrers. To overrule all general demurrers to the fourth through eighth causes of action. To sustain the general demurrers to the second and third causes of action with leave to amend. To grant the motions to strike allegations relating to punitive damages with leave to amend. To deny the balance of the motions to strike. The plaintiffs shall file and serve a Second Amended Complaint wit...

Excerpt: ...lly and Singh's motion to strike the request for attorney's fees, and to deny as to the remaining requests. (Code Civ. Proc. §436.) Explanation: Demurrer Special demurrer Special demurrers are disfavored, “and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135; Merlino v. West Coast Macaroni Mfg. Co. (1949) ...

Excerpt: .... To impose monetary sanctions against defendant General Motors LLC, in the amount of $810. Payment shall be made to the Knight Law Group within 30 days of the clerk's service of this minute order. Explanation: Disobeying a court order to provide discovery is a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (g).) Courts may impose a monetary sanctions for misuse of the discovery process. (Code Civ. Proc., § 2023.030, subd....

Excerpt: ...sted in the deposition notice shall be provided no later than 30 days from the date of this order. To deny the moving party's request for monetary sanctions. To grant the motion for leave to file a First Amended Complaint. The plaintiff is granted 10 days leave to file the proposed First Amended Complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. Explanation: Motion to Compel An order ...

Excerpt: ...Rules of Court, rule 3.350(b).) A copy of this order shall be filed in each case, and all subsequent documents shall be filed only in the lead case. (Cal. Rules of Court, rule 3.350(c).) Explanation: “A consolidation of actions does not affect the rights of the parties. The purpose of consolidation is merely to promote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions....

Excerpt: ...Explanation: Under Code of Civil Procedure section 387, subdivision (d)(2), “The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” Also, under Labor Code section 3852, “Any employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligate...

Excerpt: ...planation: Code of Civil Procedure section 473 authorizes the trial court, in its discretion, to allow amendments in furtherance of justice. (Code Civ. Proc., § 473; Cherrigan v. City etc. of San Francisco (1968) 262 Cal.App.2d 643, 653.) Where no prejudice is shown to the adverse party, “courts are bound to apply a policy of liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial.” (At...

Excerpt: ...e granted if the manager class were limited to manager‐level employees who did not met the salary test set forth in Title 8, California Code of Regulations, section 11070, for exempt status. It could also be met for the hourly employees. All claims at issue could be certified as class claims but for the reimbursement claim, for which no policy is shown, and if that claim were limited to cell phone usage. The record does not support certificatio...

Excerpt: ...nated from their employment with defendant Kings View Corporation because of their age. In additional to discrimination and wrongful discharge causes of action, plaintiffs allege causes of action for intentional infliction of emotional distress and harassment. Defendant Leon Hoover, Kings View Corporation's CEO, demurs to the intentional infliction of emotional distress and harassment causes of action. Both causes of action are premised on the al...

Excerpt: ...ion of the First Amended Complaint (FAC) alleged against Defendants Laton Unified School District, Laton High School, and Jason Krikava for failing to file the claims within the applicable statute of limitations. Defendants shall have ten (10) court days in which to respond the FAC. Explanation: A general demurrer admits the truth of all material allegations and a Court will “give the complaint a reasonable interpretation by reading it as a who...

Excerpt: ...th through eleventh causes of action. To sustain the demurrer as to the twelfth cause of action, for failure to allege whether the contract is written, oral, or implied by conduct. (Code Civ. Proc. § 430.10, subd. (g).) To grant leave to amend as to the twelfth cause of action. Plaintiffs shall serve and file their second amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explan...

Excerpt: ...motion to dismiss, motion for joinder, or such other procedural vehicle as might be appropriate. The demurrer to the Third Cause of Action is sustained without leave to amend, unless Plaintiffs request oral argument and make a specific proffer of facts in accordance with Code of Civil Procedure §430.41, subdivision (e)(1). The demurrers to the Fifth Cause of Action are sustained with leave to amend. Plaintiff may allege the facts as set forth in...

Excerpt: ...ivil Procedure § 664.6 provides, in pertinent part, as follows: If parties to pending litigation stipulate . . . orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Here, there is no ...

Excerpt: ...court within 5 days of the clerk's service of this minute order. Explanation: In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this de...

Excerpt: ...sion (f)(2). Explanation: Under Code of Civil Procedure section 437c, subdivision (f)(2), “[a] party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.” (Code Civ. Proc., § 437c, ...