Excerpt: ... relief (implied partnership); fourth cause of action for breach of contract to make a will; fifth cause of action for promissory estoppel; sixth cause of action for fraudulent misrepresentation; and seventh cause of action for promissory fraud is OVERRULED. 1 The Demurrer does not specify any ground of demurrer to the eighth cause of action. Arguments as to the propriety of such demurrer are therefore not properly before the Court. (Cal. Rules o...

Excerpt: ...ain requested additional responses. Huff served second amended responses in November, 2018. Plaintiff contends that Huff's responses to some fifteen form interrogatories remain incomplete, insufficient, non‐responsive, and evasive, and that objections thereto lack merit. In responding to interrogatories a party may provide answers, objections, or election to allow inspection and copying of records. (Code Civ. Proc. § 2030.210, subd. (a).) Each...

Excerpt: ....4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Id.) Here, the pleading is certain enough to allow NGI to understand the nature of the allegations, and the theory of liability in order to fashion an appropriate response. NGI's demurrer to the first cause of action for express indemnity on the ground the claim fails to indicate whether the purported agr...

Excerpt: ...ating to and based on those declarations. The Court may disregard new matters included in reply papers as inappropriate on the ground that such inclusion deprives the opposing party of the chance to respond or rebut. (Savient Pharmaceuticals, Inc. v. Dept. of Health Services (2007) 146 Cal.App.4th 1457, 1472.) As fully discussed below, Defendants not only could have raised these issues and included the additional materials in their moving papers,...

Excerpt: ...g procedure. If Plaintiffs' counsel is unable to contact Defendants' counsel prior to the hearing, Plaintiffs' counsel shall be available at the hearing, in person or by telephone, in the event Defendants' counsel appears without following the procedures set forth in Local Rule 2.9. Plaintiffs' Motion is DENIED. Plaintiffs have not presented any new or different facts, circumstances, or law, as required by Code of Civil Procedure section 1008. Se...