Excerpt: ...ourt, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.� CCP �1048(a). The Sonoma County action is a class action relating to labor code violations. The present case alleges a breach of contract as well as claims for racketeering and interference with contr...

Excerpt: ...reement were. The Second Amended Complaint states only that Plaintiff and Defendant �agreed to purchase a house together.� Plaintiff does not state what ownership interests each party were alleged to have or what duties or responsibilities each party would have under said agreement. All essential terms of the agreement must be explicitly set forth. The demurrer on the grounds that the cause of action is barred by the statute of limitations is...

Excerpt: ...gh degree of probability an injury would occur, or oppression and malice, including intentional or conscious wrongdoing of a despicable or injurious nature. Because such facts are not set forth, there is no basis, as currently pled, to support punitive damages. Any amended complaint must be served and filed by January 13, 2020. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies wi...

Excerpt: ...w The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. In analyzing motions for summary judgment, courts must: (1) identify the issues framed by the pleadings to be addressed; (2) determine ...

Excerpt: ...laintiff must state all material terms of the contract: who the parties were to the contract, the date the contract was entered into, the performance required of each party, whether the contract was oral or written, what conduct constituted breach, and the date of the purported breach. Thirdly, as to the second cause of action for quantum meruit, Plaintiff must allege the services rendered, the dates the services were rendered, the agreement for ...

Excerpt: ...t or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney�s fees. (b) The court shall make this order unless it finds any of the following: (1) An objection to the request was sustained or a response to it was waived under Section 2033.290. (2) The admission soug...

Excerpt: ...field Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83;...

Excerpt: ...urt of competent jurisdiction�� Tenor Group v. City of Gelndale (1993) 14 Cal.App.4th 154. California law defines a cause of action �by focusing on the primary right at stake: if two actions involve the same injury to the plaintiff in the same wrong by the defendant than the same primary right is at stake even if in the second suit the plaintiff pleads different theories of recovery, seeks different forms of relief and or adds new facts sup...

Excerpt: ...f the other named six defendants. On the merits, Defendant contends that the complaint is barred by the statute of limitations in CCP �366.2. Defendant asserts that decedent died on 5/21/18. This fact is outside the pleadings and cannot be considered in connection with the demurrer. Nonetheless, the court notes that the complaint was filed within one year of the purported date of death. On this record, CCP �366.2 does not bar the filing of th...

Excerpt: ...ading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated t...

Excerpt: ...r was set for trial prior to transfer. The rules related to compulsory cross-complaints and permissive cross- complaints apply to cases in the probate department and civil department. See C.C.P. sections 426.30 and 428.50; Swaithes v. Superior Court (1989) 212 Cal.App.3d 1082, 1088 (�The general rules of the Code of Civil Procedure do not apply when the Probate Code provides special rules. In the absence of a special rule, the general rules of ...

Excerpt: ...granting); and (2) a reasonable probability that plaintiffs will prevail on the merits. Baypoint Mortg. Corp. v. Crest Premium Real Estate etc. Trust (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) ��7.22-7.34, 7.63-7.66. Here, Plaintiffs have not demonstrated a probability that plainti...

Excerpt: ...int is adequate. To state a claim for a purported dangerous condition of public property under Government Code section 835, a plaintiff must allege: �the following elements: (1) a dangerous condition of public property; (2) a foreseeable risk, arising from the dangerous condition, of the kind of injury the plaintiff suffered; (3) actionable conduct in connection with the condition, i.e., either negligence on the part of a public employee in cre...

Excerpt: ...ent in and as part of the transaction of such business�� This statue confirms that it is the principal, not to the agent, who is responsible and who has the duty to third persons. The law is clear that in California, an agent is not liable to third persons for allegedly nonfeasance. Fisher v. General Petroleum (1954) 123 Cal.App.2d 770. Plaintiff has alleged that defendant Ohran is an agent of defendants Powdr and Boreal. As such, she has no ...

Excerpt: ...he event the failure to add such cause of action and the facts to support it were erroneously not included in the drafting of the first amended cross-complaint. The first cause of action for violation of Civil Code section 1940.2 is also stricken with leave to amend. Cross- complainant must clearly allege what conduct by the landlord which is specified under section 1940.2 has been done. As currently pled, cross-complainant only references Penal ...

Excerpt: ...eds the scope of the traditional role of a lender of money. Nymark v. Heart Fed. Savings & Loan (1991) 231 Cal.App.3d 1089, 1095. In order to determine whether a duty of care exists, courts balance the Biakanja factors, �among which are [ (1) ] the extent to which the transaction was intended to affect the plaintiff, [ (2) ] the foreseeability of harm to him, [ (3) ] the degree of certainty that the plaintiff suffered injury, [ (4) ] the closen...

Excerpt: ...r the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney�s fees. (b) The court shall make this order unless it finds any of the following: (1) An objection to the request was sustained or a response to it was waived under Section 2033.290. (2) The admission sought ...

Excerpt: ...r of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material ...

Excerpt: ...in 10 days of the order after hearing. Here, the order after hearing was served on June 6, 2019, and the present motion was not filed until July 29, 2019. The requested relief is untimely. Further, the court notes that CCP �663 does not apply to the present case, as there was no incorrect or erroneous legal basis for the decision. Additionally, to the extent Petitioner relies on CCP �473, Petitioner has failed to demonstrate mistake, inadvert...

Excerpt: ...ode section 815. As to the second cause of action (premises liability), the motion for judgment on the pleadings is granted. The counts for negligence and willful failure to warn are not permitted theories of recovery under the Government Code. The count for dangerous condition of public property fails to clearly allege sufficient facts to state a claim for relief under Government Code section 835. �Unless the complaint shows on its face that i...

Excerpt: ...es of action or issues �.� The court has the power to completely sever actions where the interests of justice require such action. City of Sacramento v. Superior Court (1962) 205 Cal.App.2d 398, 403. In the present case, there are 18 causes of action in the first amended complaint. Thirteen of the causes of action are filed by plaintiff�s Zolldan alone. Two causes of action are filed by Kemper alone. Only three causes of action are common t...

Excerpt: ...pproached the Plaintiffs� vehicle in a very threatening manner, pounding and screaming while calling the two Plaintiff women expletives until a good Samaritan from Cal-Trans interceded.� These statements, fairly construed, set forth facts sufficient to state a cause of action for intentional tort. Defendant�s Motion to Strike the �wrongful death� box on page 1 of the complaint is sustained without leave to amend based on Plaintiff�s c...

Excerpt: ...ode section 815. As to the second cause of action (premises liability), the motion for judgment on the pleadings is granted. The counts for negligence and willful failure to warn are not permitted theories of recovery under the Government Code. The count for dangerous condition of public property fails to clearly allege sufficient facts to state a claim for relief under Government Code section 835. �Unless the complaint shows on its face that i...

Excerpt: ...tutory language of CCP �430.40 is permissive, not mandatory. Thus, the court will address the merits of the demurrer. As to the first cause of action for conversion, the demurrer is sustained with leave to amend. As set forth in PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP (2007) 150 Cal.App.4th 384, 395, 397: money cannot be the subject of a cause of action for conversion unless there is an identifiable sum, and ...

Excerpt: ...ne, in advance of his trip. See CCP �473. The prevailing party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380...