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: ...f the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. (3) A particular description of the property and a statement of its value. (4) A statement, according to the best knowledge, information, and belief of t...

Excerpt: ...f's motion to set the trial date against the estate of Robert Bray by September 7, 2023. To deny the alternative moton to extend the five-year statute for bringing the case to trial. Explanation: Summary Judgment Motion To the extent plaintiff seeks summary judgment against defendant Adi McKissen, the court has already granted McKissen's motion for judgment on the pleadings as to all claims alleged against her without leave to amend. Therefore, p...

Excerpt: ...ary judgment, except it acts on specific causes of action, rather than on the entire complaint. (Oroville Hospital v. Superior Court (2022) 74 Cal.App.5th 382, 398.) A plaintiff moving for summary judgment or adjudication of a cause of action must "prove[l each element of the cause of action entitling the party to judgment on that cause of action." (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241; Code Civ. Proc„ S 4...

Excerpt: ...tions conditionally: If Plaintiff fails to comply with the court's December 15, 2022, order within 10 days of the clerk's service of this minute order, then the court grants the issue and evidence sanctions requested by the City of Fresno (the City), as set forth below. Explanation: Monetary Sanctions The failure to respond to a discovery request is a "misuse of the discovery process" under Code of Civil Procedure section 2023.010, subdivision (d...

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: ...ferent allegations in the second amended complaint are to be set in boldface type. Explanation: Mandatory Duty "A plaintiff seeking to hold a public entity liable under Government Code section 815.6 must specifically identify the statute or regulation alleged to create a mandatory duty." (In re Groundwater Cases (2007) 154 Cal.App.4th 659, 689.) In essence, "[t]o construe a statute as imposing a mandatory duty on a public entiW, 'the mandatory na...

Excerpt: ... to address defects in pleadings otherwise not challengeable by a demurrer. (See Code Civ. Proc., S 435.) A motion to strike can be used to attack either a portion or the entirety of a pleading. (Ibid.) Waiver Cross-complainants rely on California Rules of Court, rule 8.54(c), for the position that cross-defendant's arguments are waived because he did not assert them in an opposition to the motion for leave to file a cross-complaint. The rule sta...

Excerpt: ...ice by the clerk of the minute order. All new allegations/language must be set in boldface type. To deny the motion to strike. Explanation: The express basis for the demurrer is that the Second Amended Cross-complaint fails to state facts constituting a cause of action, based upon Code of Civil Procedure section 431.10, subdivision (e). Plaintiffs also demurred for uncertainty to the second and third causes of action. The request for judicial not...

Excerpt: ...desire to amend, the Second Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to amend, demurring defendants shall file responsive pleadings within twenty (20) days from the date of this order. Explanation: First thru Third Causes of Action: Breach of Contract, Implied Covenant, and Common Counts Standing can appropriately be tested by a general...

Excerpt: ... Plaintiff may file and serve a Second Amended Complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. To grant the moton to strike portions of the First Amended Complaint only as to the prayer for punt-ive damages, without leave to amend. To deny the motion to strike portions of the First Amended Complaint on all other grounds. Explanation: On June 30, 2022, plaintiff filed suit against defe...

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: ...ivision (a), "[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may...

Excerpt: ...ments are alleged to be confidential business records that contain proprietary information on defendant's operations. Defendant additionally notes that a prior court order for protection authorizes the filing of confidential information under seal. However, "[a] record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties." (Cal. Ru...

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: ...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: ...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: ... 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: ... dba Focus Home Health. (Code Civ. Proc., S 438.) Explanation: Judgement on the Pleadings A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. (Code Civ. Proc., S 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) he grounds for the moton must appear on the face of the challenged pleading or from facts judicially noticeable. (Prickett v. Bonnier, supra, ...

Excerpt: ...ease agreement, or an assignee of the lease agreement. Thus, U.S. Bank National Association was not the real party in interest who had the right to sue on this claim. (Code Civ. Proc., S 367; Jasmine Networks, Inc. v. Superior Court (2009) 180 Cal.App.4th 980, 991 [noting that while the standing statute/requirement is "superficially concerned with procedural rules," application of the statute "really calls for a consideration of rights and obliga...

Excerpt: ... filed evidentiary objections to 1) new evidence in defendant's reply brief; 2) portions of the Dwight Nelson Declaration filed January 18, 2023; 3) paragraph 5 of the Dwight Nelson Declaration filed June 14, 2023; and 4) portions of the Liam Gaarder-Feingold Declaration filed June 14, 2023. The court is sustaining the objection as to new evidence in defendant's reply. The court has not considered new arguments presented for the first time in def...

Excerpt: ...ons in the proper format, as required by Rule of Court 3.1354. Written objections are (inter alia) to be filed separately from other papers, and quote the objectionable material and clearly state the grounds for the objections. The parties must do more than just note their objections on the Separate Statement and in the memorandums of points and authorities, as they have done here. Failure to object waives the right to challenge the court's rulin...

Excerpt: ...efendants bear the burden of proving that there is a complete defense to each challenged cause of action or that plaintiff cannot establish one or more elements of each of its challenged causes of action. (Barber v. Marina Sailing, Inc. (1995) 35 Cal.App.4th 558, 562.) If that burden is met, plaintiff can defeat the motion by demonstrating a triable issue of material fact. (Martinez v. Enterprise Rent-Acar Co. (2004) 119 Cal.App.4th 46, 52-53.) I...

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: ...action for fraud, the fifth cause of action for conspiracy, the sixth cause of achon for declaratory relief, and the seventh cause of action for unjust enrichment. She argues that plaintiff has not stated any valid claims against her because plaintiff admits in his Third Amended Complaint that the contract that he executed with the Brays to purchase the subject property was invalid because the Brays did not have the authority to sell the property...