Excerpt: ...t she saw smoke coming from what appeared to be the mobile home of defendant Laura Christine Gribben (Gribben). When she went to inform Gribben, she observed Gribben's son, defendant Joshua Dale Cross (Cross), burning items outside Gribben's home and moving the items around with a garden hoe. As plaintiff tried to leave, Cross hit her in the head with the hoe, causing severe injuries. Gribben demurred to the fourth, fifth and sixth causes against...

Excerpt: ...planation: Each request for judicial notce was The matters of which judicial notice was requested to be taken consist of public statutory law, regulations, legislative enactments, legislative history, and related official or records. Each is granted, accordingly. A motion for judgment on the pleadings has the same function as a general demurrer in that it is used to challenge pleadings that do not state facts sufficient to constitute a cause of a...

Excerpt: ...eement for sale of the subject property, plaintiff has not proven that it only needs to pay only $29,941.24 in order to pay off the remaining balance under the agreement and receive title to the property. Plaintiff's evidence shows that the parties agreed that plaintiff would purchase the property for $250,000, with a right of first refusall to buy the remaining properties owned by the Virginia Shubin Barnett Living Trust for $12,500. (Exhibit D ...

Excerpt: ...nt. To grant the request for judicial notice. To sustain the general and special demurrers 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. Explanation: Plaintiff filed a first amended complaint and notice of non-opposibon on August 22, 2023. Opposition was due nine (9) court days prior to hearing, per Code of Civil Procedure, Section 1005(b). T...

Excerpt: ...djudication, of the first amended complaint against it. The court intends to deny the motion entirely. Defendant has not met its burden in addressing every theory of liability pled against it in the first amended complaint. Even if defendant had met fts burden, plaintiff has demonstrated there is a genuine dispute of material fact, notwithstanding the "factually void" discovery responses relied upon by defendant served in response to discovery re...

Excerpt: ... Fresno ("County") concedes that the claims of both Petitioners Aksel Joseph Vega and the Estate of Alfonso A. Vega fall within separate statutory exemptions. (See Opp. at pp. 8:5 — 9:15 [citing Gov. Code, S 946.6, subds. (c)(2) and (c)(6).) Therefore, the petition is granted as to petitioners Aksel Joseph Vega and the Estate of Alfonso A. Vega, Jr. Petitoners Janice Palacios and Aksel Joseph Vega (parents of decedent) " '[Tlhe filing of a clai...

Excerpt: ...on, without leave to amend. To overrule Specialized Loan Servicing LLC's ("SLS") demurrer to the first cause of action. Within 10 days of service of the order by the clerk, SLS shall file its answer to the Complaint. Explanation: In the first cause of action for wrongful foreclosure, plaintiff alleges that the foreclosure sale was wrongful because defendant "SL" (presumably this refers to SLS) did not comply with Civil Code section 2924(f) becaus...

Excerpt: ...and (f).) Any amended pleading shall be filed within 20 days of the clerk's service of this order. New or different allegations in the first amended complaint are to be set in boldface type. Explanation: Demurrer A party may file a general demurrer on claims that "[t]he pleading does not state facts sufficient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 [MA demurrer can b...

Excerpt: ...ctively, "Defendants"). The defendants shall file and serve their answers to the first amended complaint within ten (10) days of the clerk's mailing of this minute order. To deny plaintiff's request for judicial notice. Explanation: Demurrer Defendants demur specially to the second cause of achon and generally to both the first and second causes of action of the first amended complaint ("FAC") on the ground that each fails to state sufficient fac...

Excerpt: ...the demurrers without leave to amend. The prevailing parties are directed to submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to the demurring defendants. Explanation: Plaintiff Abel Perez filed a first amended complaint (FAC) against defendants Watchtower Bible and Tract Society of New York, Inc., Watch Tower Bible and Tract Society of Pennsylvania, and Christian Congregation of...

Excerpt: ...s members, pursuant to Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Documentation as to the amount paid to class members must be filed on or before August 1, 2024. Explanation: 1. Final Class Approval The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous...

Excerpt: ...abor Code under the Private Attorneys General Act ("PAGA"). "The superior court shall review and approve any settlement of any civil achon filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to assess a settlement. Nor has the ...

Excerpt: ...ng 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 any part thereof, shall be valid, irre'.nxable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. S 2.) [W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement...

Excerpt: ... a parallel criminal proceeding should be made in light of the particular circumstances and competing interests involved in the case. This means the decision maker should consider the extent to which the defendant's Fifth Amendment rights are implicated. In addition, the decision maker should generally consider the following factors: (1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it...

Excerpt: ..., Inc. Explanation: Cross-defendant Induser Poniente has moved to dismiss or stay the action on the ground that California is an inconvenient forum, as the parties have already agreed to try the action in El Ejido, Spain. under Code of Civil Procedure secton 410.30, "When a court upon motion of a party or its own moton finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay o...

Excerpt: ...her upcoming hearings. Explanation: Quashing Service of Summons The proof of service purporting to serve moving defendant shows service by substituted service on December 10, 2020, but it was not filed until June 20, 2023. Defendant filed this motion as soon as it learned plaintiff intended to treat this service as valid, even though defense counsel had spoken with plaintiff and informed her that defendant believed it was invalid and that she nee...

Excerpt: ...his error on plaintiff's part. Healthcare providers must possess and exerc:ise "that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances." (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: "(1) the duty of the professional to use such skill, prudence, and diligence as other members of h...

Excerpt: ... for Production, Set Two Tentative Ruling: To grant defendant General Motors, LLC's motion for relief from waiver of objections asserted in its response to Request for Production of Documents, Set Two. To deny plaintiff Brooks' motion to compel further responses to requests for production, set one. To take off calendar plaintiff Brooks' motion to compel the deposition of defendant's person most knowledgeable for failure to file moving papers. To ...

Excerpt: ...rp.; and Planet 13 Holdings, Inc., to the second, fourth, fifth, sixth, eighth and ninth causes of action of the First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. S 430.10, subd. (e).) To sustain the demurrer of defendant Jennings to the entire First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action...

Excerpt: ...her upcoming hearings. Explanation: Quashing Service of Summons The proof of service purporting to serve moving defendant shows service by substituted service on December 10, 2020, but it was not filed until June 20, 2023. Defendant filed this motion as soon as it learned plaintiff intended to treat this service as valid, even though defense counsel had spoken with plaintiff and informed her that defendant believed it was invalid and that she nee...

Excerpt: ...his error on plaintiff's part. Healthcare providers must possess and exerc:ise "that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances." (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: "(1) the duty of the professional to use such skill, prudence, and diligence as other members of h...

Excerpt: ... for Production, Set Two Tentative Ruling: To grant defendant General Motors, LLC's motion for relief from waiver of objections asserted in its response to Request for Production of Documents, Set Two. To deny plaintiff Brooks' motion to compel further responses to requests for production, set one. To take off calendar plaintiff Brooks' motion to compel the deposition of defendant's person most knowledgeable for failure to file moving papers. To ...

Excerpt: ...rp.; and Planet 13 Holdings, Inc., to the second, fourth, fifth, sixth, eighth and ninth causes of action of the First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. S 430.10, subd. (e).) To sustain the demurrer of defendant Jennings to the entire First Amended Complaint, without leave to amend, for failure to state facts sufficient to constitute a cause of action...

Excerpt: ...ubmitted on reply by the Supplemental Declaration of Donna Barrett. Plaintiff shall file and serve the supplemental briefing by 5:00 p.m. on October 27, 2023. Defendant shall serve and file its response to the supplemental briefing by 5:00 p.m. on November 2, 2023. Explanation: Defendant The General Council of the Assemblies of God ("Defendant") seeks summary judgment or, in the alternative, summary adjudication of the three causes of action of t...

Excerpt: ... order. Explanation: Meet and Confer Under Code of Civil Procedure section 430.41, "[blefore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." (Code Civ. Proc., S 430.41, subd. (a).) "As par...