Excerpt: ... fences or gates restricting access to and across the Existing Tanks Easement3 and Private Road Easement,4 or provide Plaintiff keys, combinations, and/or codes for the existing locked fences or gates; and (ii) enjoining Defendants and their respective employees, agents, and representatives, from obstructing or unreasonably interfering with Plaintiff's use and enjoyment of the Existing Tanks Easement, the Future Tank Easement,5 and the Private Ro...

Excerpt: ...orthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. Defendant Integon National Insurance Company (“Defendant”) moves, pursuant to Code of Civil Procedure sections ...

Excerpt: ...rded as Document No. 2017‐0007969 and Document No. 2021‐0038047. The Court DENIES Chase's motion as moot. The Court DENIES Chase's request for judicial notice and Plaintiffs' Objections to Chase's evidence, given that the underlying motion is moot. In its Reply Brief filed on January 3, 2022, Chase argues that it should be awarded its attorneys' fees and costs as the prevailing party under Civil Code section 405.38. (See Civ. Code, § 405.38 ...

Excerpt: ... of March 7, 2022 for the Loeber and Golick cases and setting a conference on or about June 20, 2022 to set the Loeber and Golick cases for trial together. The motion is GRANTED. A. Procedural Issues The Loeber Plaintiffs failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The Loeber Plaintiffs are directed to immediately provide, by telephone call AND email, the missi...

Excerpt: ...iff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. 19 Defendant's request for judicial notice is GRANTED in its entirety. Defendant's evidentiary objections (one through nine) are each GRANTED. “A demurrer tests only the legal sufficiency of the pleading...the question of plaintiff's ability to prove the allegations, or the possible difficulty in making such proof does not concern the rev...

Excerpt: ...ls to allege facts sufficient to state a claim under any of the purported causes of action asserted therein.1 A. PROCEDURAL MATTERS The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notwithstanding the procedures set forth in Local Rul...

Excerpt: ...ider only the grounds stated in the notice of motion. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277; Luri v. Greenwalk (2003) 107 Cal.App.4th 1119, 1125.) A court may overlook an omission to properly notice a motion when the supporting papers make clear the grounds for the relief that is sought. (Luri, supra, 107 Cal.App.4th at 1125.) Here, there is no evidence in the Court's file that Plaintiff included a notice of motion. The Court does...

Excerpt: ...ute a cause of action against Defendant and (2) Defendant's answer does not state facts sufficient to constitute a defense to the complaint. (Cal. Code Civ. Proc., § 438, subd. (c).) Plaintiff's complaint alleges various types of common counts. “The only essential allegations of a common count are (1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.” (Farmers Ins. E...