Excerpt: ...mative defense. The Court finds that the allegations of the third cause of action for fraud do not plead the elements of fraud with sufficient particularity. “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” (Lazar v. Superior Court (1996) 12 Cal. 4th 631, 645.) The particularity requirement necessitates pleading facts which “show how, when, where, to whom and by what means the representati...

Excerpt: ...ntiff's Request for Production and Inspection of Documents, Set One, within ten days of notice of entry of order. In accordance with Code of Civil Procedure sections 2023.030 and 2031.300(c), the Court imposes a monetary sanction against defendant Carrie Melissa Belt in the amount of $260.00, due and payable to plaintiff twenty days from notice of entry of order. The prevailing party is directed to prepare a written order consistent with the Cour...

Excerpt: ...d to Plaintiff William Emerich's attempt to file a missing persons' report related to decedent Tamara Kirby. While Defendant arguably met its burden of providing evidence showing that one or more elements of Plaintiffs' first cause of action for negligent infliction of emotional distress for negligent handling of a corpse cannot be established or that there is a complete defense to that cause of action because Defendant did not owe a legal duty t...

Excerpt: ...Court and can begin the process of transferring the case to Santa Clara County Superior Court. Plaintiff may also lodge another fee waiver application with the Superior Court clerk here in Merced County which can be considered by the Santa Clara County Superior Court upon its receipt of the transferred case. Plaintiff should consult the Civil Clerk's office with regard to instructions for how to lodge a fee waiver application here so that it may ...

Excerpt: ...The truth of any matters specified in Plaintiff's Requests for Admission, Set One, therefore are DEEMED ADMITTED. In accordance with Code of Civil Procedure sections 2023.030(a) and 2033.280(c), the Court imposes a mandatory monetary sanction against Defendant Humberto Urquizo in the amount of $260 due and payable to Plaintiff Kelstin Group, Inc., via its attorney Terry A. Duree, twenty (20) days from notice of entry of the Court's order. The pre...

Excerpt: ...poration's lack of representation by counsel is a curable defect (see CLD Constr., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1149‐50), the motion is granted with leave to file an amended answer or substitution of counsel within 20 days of notice of entry of order. If defendant, represented by an attorney, does not file an amended answer or a substitution of counsel within 20 days of notice of entry of order, plaintiff may thereafte...

Excerpt: ...ion” electronically filed on November 15, 2018 appears to be incomplete. The first page lists Exhibits A through J as attached to the document but only the first 18 pages of the document were received by the court. The 18 pages include a portion of Exhibit A but no part of Exhibits B through J. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules o...