Excerpt: ...pecially without a motion required by Rule of Court 8.36.” Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of the subject matters thereof. The gravamen of Defendant's demurrer is that the entire action must be dismissed because the original Plaintiff was not the real party in interest, and further because the original Plaintiff lacked the capacity to maintain an action in California. (See Demurrer at 2:15‐2...

Excerpt: ...d to substitute a third amended petition upon conferring with his client but to date has not signed a stipulation regarding same. Concerned about statutory time limits, respondent filed the present demurrer. No opposition has been filed to the demurrer. The Court interprets the uncontroverted assertion that petitioner's counsel agreed to file a third amended petition, in conjunction with the lack of filed opposition to the demurrer, as a tacit ad...

Excerpt: ...o comply with Local Rule 3.3.7, the motion is DENIED, without prejudice to refile, to the extent it otherwise is timely and appropriate pursuant to relevant statutes. However, the Court additionally notes that all authorities cited by Defendant are to the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and/or federal appellate cases, none of which are applicable to a state court proceeding such as this; even had defendant complie...

Excerpt: ... voluntarily comply with the aforementioned discovery requests.” (Notice of Motion at 1:24‐2:7.) Plaintiffs concede that they have failed to timely produce responses to the subject discovery requests. (See Opposition at 2:8‐14.) Plaintiffs therefore do not oppose the present motion. (See Id. at 2:8‐9.) The Court finds good cause for issuing an order compelling Plaintiffs to produce responses to Defendant's Form Interrogatories Sets One, S...

Excerpt: ...intiff's Complaint on the ground that it fails to state facts sufficient to constitute a cause of action against any of them for Fraudulent Conveyance. (See id. at 2:6‐7.) Defendants first argue that all three causes of action fail as to Defendant Laughlin Trust because a trust cannot be sued. This is true for “an express trust [that is] merely a relationship by which one person or entity holds property for the benefit of some other person or...

Excerpt: ...n and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion.” (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975) 45 Cal.App.3d 925, 930.) “This rule applies even when no notice was given at all.” (Ibid.) The Notice of Motion asserts that Plaintiffs move, pursuant to Code of Civil Procedure sections 473, subdivision (a)(1) and 382, for leave to ...

Excerpt: ...ly to have evidentiary support and/or contained denials of contentions that are not warranted based on the evidence.1 Plaintiff also moves for an award of sanctions against Defendant's counsel Ashley Gonzalez, pursuant to Section 128.7, on the same asserted grounds. As to Plaintiff's request pursuant to section 426.16, “[i]f the court finds that a special motion to strike [brought pursuant to this section] is frivolous or is solely intended to ...

Excerpt: ...gal non‐ conforming use; [and] (b) direct the [Board] to grant the appeal on the grounds that the Angels Gun Club's activities on [the subject parcels of real property] have expanded and [therefore] no longer constitute a legal non‐conforming use….” (Second Amended Petition (SAP) at 8:22‐27.) “Administrative mandamus under section 1094.5 is appropriate to inquire ‘into the validity of any final administrative order or decision made ...

Excerpt: ...ocedure Section 1048 governs severance of trial based on causes of action.1 “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross‐complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the...

Excerpt: ...int (Proposed SAC). “The 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, or a 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 term...

Excerpt: ...the written agreement at issue in the litigation contains a mandatory arbitration provision for which no exception applies. California law strongly favors arbitration. (Prima Donna Development Corp. v. Wells Fargo Bank, N.A. (2019) 42 Cal.App.5th 22, 35 (Prima Donna).) A proceeding to compel arbitration is, in essence, a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d ...

Excerpt: ...Civil Procedure section 430.10 (a), on the grounds that the action is moot. A party may demurrer to a CCP 1085 petition for writ of mandate (CCP §1089.) In ruling on a demurrer, the Court must accept as true all allegations of fact contained in the petition. (Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998.) The Court must also accept as true facts that may be inferred from those expressly alleged. (Cundiff v. GTE Cal., Inc. (200...

Excerpt: ...n. Respondent further demurs to the “purported claim for relief for breach of the Brown Act…on the ground that it fails to state facts sufficient to constitute a cause of action, in that Petitioner's claim is not timely and fails to allege facts constituting a breach of the Brown Act's statutory provisions.” (See Demurrer at 2:21‐24.) A party may demurrer to a petition, brought under Code of Civil Procedure section 1085, for writ of manda...

Excerpt: ...oud moves, pursuant to Code of Civil Procedure sections 2030.300, 2031.310, and 2031.320, for an ordering requiring Defendant Victor Vieira to: (1) provide further, complete, verified, objection‐free responses to Form Interrogatories Nos. 7.1 through 7.3; (2) provide further, complete, verified, objectionfree responses to Special Interrogatories Nos. 1 and 15; and (3) provide further, complete, verified objection‐ free responses and documents...

Excerpt: ...itations on discovery conducted by Plaintiff. Specifically, “Defendant requests the Court issue a protective order limiting questioning to a maximum of four hours, directing Plaintiff's counsel to prioritize areas of inquiry needed to oppose [Defendant's pending Motion for Summary Judgment], and limiting the questioning to the valid topics of inquiry not previously covered in the first day of PMQ deposition. (See Motion at 2:7‐11.) Defendant ...

Excerpt: ...at the Court will not enforce such a contract. (See id. at 2:24‐28.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1).) Where it does not, the party against whom the complaint has been filed may object by demurrer. (See id. At §430.10, subd. (e).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or la...

Excerpt: ...lleged in the Petition for Inspection and Abatement Warrant (Petition). City fails to identify any authority by which this Court may make such an order. The Court agrees with City's assertion that Government Code section 38773.5 authorizes City to adopt an ordinance establishing “a procedure for the abatement of a nuisance and make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel.” (Gov. Code,...

Excerpt: ...r. Peters so moves on the grounds that the default was entered as a result of his mistake of fact and/or excusable neglect. No opposition appears in the Court's file. The Court finds from the evidence presented that Mr. Peters was under a good faith belief that he had timely filed a pleading in response to the Complaint. (See Peters' Declaration at ¶¶ 5 6.) The Court had ordered this pleading stricken, as to Mr. Peters only, based on Mr. Peters...

Excerpt: ...d 88. The motion is GRANTED. Plaintiffs' request for sanction is DENIED. A. General Discussion “In the…context of a request to produce documents, a party who seeks to compel production must show ‘good cause' for the request (§ 2031, subd. (l)) – but where…there is no privilege issue or claim of attorney work product, that burden is met simply by a fact‐specific showing of relevance.” (Glenfed Development Corp. v. Super. Ct. (1997) ...

Excerpt: ...�defendant Hanford has not complied with Local Rule 3.3.7 enacted January 1, 2018, by failing to include the mandatory language in the notice of motion regarding the Court's tentative ruling system. Pursuant to said local rule, lack of compliance provides a specific ground to deny any such procedurally‐ deficient motion. Based solely upon cross‐defendant Hanford's failure to comply with Local Rule 3.3.7, the motion is DENIED without prejudice...

Excerpt: ...dmitted he was issued the subject credit card, he was to repay the principal amount and finance charges, he received monthly statements, and he does not dispute the amount owed. Defendant filed this motion on March 25, 2021. Plaintiff's Request for Judicial Notice was GRANTED as to Exhibits 1 and 2 pursuant to Evidence Code section 452(d) on March 29, 2021. As this is a debt collection case in which plaintiff provided sufficient evidence as to th...

Excerpt: ...mber 18, 2019. Although no trial date has been set, plaintiff filed this motion on April 27, 2021. Plaintiff's Request for Judicial Notice is GRANTED as to Exhibits 1, 2, and 3, pursuant to Evidence Code sections 452 and 453. Code of Civil Procedure §1048(a) provides that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actio...

Excerpt: ...bing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly.�...

Excerpt: ...k to strike her claims as untimely. Health & Safety Code §11488.5(a)(1), provides, in pertinent part, that “[a]ny person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the time for filing, at any time within 30 days . . . after receipt of action notice, file with the superior court of the county in which the defendant has been charged with the underlying or related crimi...

Excerpt: ...or failure to comply with Local Rule 3.3.7. On March 29, 2021, defendant refiled the general and special demurrer to the fourth cause of action on the grounds that plaintiff failed to state facts sufficient to constitute a viable cause of action. Defendant's request for judicial notice as to plaintiff's original Complaint, plaintiff's First Amended Complaint, and plaintiff's Second Amended Complaint, pursuant to Evidence Code sections 452 and 453...