Excerpt: ...�§ 430.30, 430.70). The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action.'” Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747; accord McKenney v. Purepac Pharmaceutical Co. (2008) 162 Cal.App.4th 72, 79. Breach of Contract Cause of Action: The elements of a contract are (1) parties capable of contracting; (2) their consent; (3) a lawful object; and, ...

Excerpt: ... 1103, 111. A demurrer to a complaint may be taken to the whole complaint or to any causes of action stated therein. Cal. C. Civ. Proc. §430.50(a). As set forth in Defendant's Demurrer, the cases of Diaz v. Carcamo (2011) 51 Cal.4th 1148, and Jeld -Wen v. Superior Court , 131 Cal.App.4th 853, hold, when an employer accepts liability for its employer's negligence, there is no separate cause of action against the employer for negligent entrustment...

Excerpt: ...r Requirement Preliminarily, Code of Civil Procedure section 435.5 requires the parties to meet and confer before incurring the time and expense of a motion to strike. “As part of the meet and confer process, the moving party shall identify all of the specific allegati ons that it believes are subject to being stricken and identify with legal support the basis of the deficiencies. The party who filed the pleading shall provide legal support for...

Excerpt: ...ng effective September 6, 2024. Requests for Hudicial Notice Petitioner's Hune 6, 2024 unopposed request for judicial notice is granted in its entirety. Respondent's August 8, 2024 unopposed request for judicial notice is granted in its entirety. Evidentiary Objections Neither party submitted objections to the other party's evidence. Standard of Review The function of a motion for summary judgment or adjudication is to allow a determination as to...

Excerpt: ...at 10:00 a.m. in Dept. 6. If no party requests to appear, the court will adopt the tentative ruling as the final ruling effective September 6, 2024. CCP section 1008(b) provides, “[a] party who originally made an application for an order which was refused in whole or part ... may make a subsequent application for the same order upon new or different facts, circumstances, or law” set forth in an accompa nying affidavit.   (See Global Protein...

Excerpt: ... The petition is also denied because defendant has not made the requisite showing of hardship. She voluntarily agreed to sign the stipulation for judgment and has presented no evidence of fraud or mistake by plaintiff in obtaining defendant's signature. Defendant signed the stipulation on February 5, 2024. At that time, she knew she had to vacate the premises by July 31, 2024. Thus, she had one week shy of six months to find a new place to live. ...

Excerpt: ...ision (c)(11) is the applicable statute [regarding attorney fees] where … a receiver was appointed pursuant to section 17980.7, subdivision (c).” ( City of Norco v. Mugar (2020) 59 Cal.App.5th 786, 799 –800, citing City & County of San Francisco v. Ballard (2006) 136 Cal.App.4th 381, 401.) The prevailing party provision “applies when [a] party seeks and the court orders a receiver.” (City and County of San Francisco v. Ballard , 136 Cal...

Excerpt: ...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.) =n 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 opposin...

Excerpt: ...lantic Richfield Co . (2001) 25 Cal.4th 826, 843.) =n 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. ( See Sun v. City of Oakland (2008) 166 Cal.Ap...

Excerpt: ... of the previous complaint. (See 5 Witkin, California Procedure , Pleading §§ 1246 -1253 (5th ed.). As with a motion to amend a pleading, a motion to file a supplemental pleading must be accompanied by a declaration that includes the following: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendmen...

Excerpt: ...(1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4 ) the reasons why the request for amendment was not made earlier. (California Rules of Court, rule 3.1324(b).) The applicable law for the instant matter is well summarized in Melican v. Regents of University of California (2007) 151 Cal.App.4th 168: “ ‘[T]he trial court has wide disc...

Excerpt: ...forth the essential facts of his case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, sourc e and extent of his cause of action”'” ( Doheny Park Terrace Homeowners Assn. Inc. v. Truck Ins. Exchange (2005) 132 Cal.App.4th 1076, 1099, cited with approval by Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550.) “'A demurrer tests the pleadings alone and not the evidence or other extrin...

Excerpt: ... Code of Civil Procedure section 415.50 (a) provides: A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the a...

Excerpt: ... hearing will be continued to Tuesday, August 20, 2024, at 10:00 a.m. in Dept. 6. I f no party requests to appear, the court will adopt the tentative ruling as the final ruling effective August 16, 2024. AVI's motion to compel further deposition testimony of Powermax's person most knowledgeable and AVI's motion for a protective order regarding further deposition testimony of Powermax's person most knowledgeable are CONTINUED to August 23, 2024, ...

Excerpt: ...party requests to appear, the court will adopt the tentative ruling as the final ruling effective August 16, 2024. Motion for Preference Code of Civil Procedure section 36 provides: 1. A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the ...

Excerpt: ...2: “Based on our review of cases applying section 1717, we agree with our colleagues in Division Three that “ ‘[i]t is difficult to draw definitively from case law any general rule regarding what actions and causes of acti on will be deemed to be “on a contract” for purposes of [section] 1717.' ” ( Hyduke's, supra, 189 Cal.App.4th at p. 435, 117 Cal.Rptr.3d 19.) Nevertheless, we distill from the cases cited above the following pr...

Excerpt: ...t Erica McElreath under Evidence Code section 970; (2) the plaintiffs' significant interest in proceeding expeditiously with the civil act ion, and the potential prejudice the plaintiffs could suffer with respect to the loss of evidence or fading of recollections by the passage of time; (3) the moderate burden imposed by the civil action on the defendants who will need, with the assistance of counsel, to make thoughtful decisions as to how to pr...

Excerpt: ...related to the Pacific Horizon Bedell note and the deed of trust. Sec ond, even if the clause was applicable to plaintiff's claims, application of the forum clause would be unreasonable in this case. This court is the only one with jurisdiction to determine plaintiff's claims related to the foreclosure of her ranch in this county; it would be unreasonable to force plaintiff, a California resident, to litigate an action related to her ranch in Ne...

Excerpt: ... of the discovery process that necessitated defendant's motion (Code of Civ. Proc. 2023.010(d) (i); Cod e of Civ. Proc. 2023.030). Monetary sanctions are proper, including $60.00 for the filing fee and $394.20 in attorney's fees (3.0 hours as the reasonable time to prepare the motion), for a total award of $454.20. Form Interrogatories, Set One Defendant's unopposed motion to compel plaintiff's responses to Form Interrogatories, Set One, is gran...

Excerpt: ....v¡ .L e (2019) 42 Cal.App.5th 352, 362.) In addition, a moving party must “show diligence with a satisfactory explanation for not presenting the new or different information earlier ....” ( Even. Zohar.Construction.™ .Remodeling?.Inc¡.v¡.Bellaire.Townhouses?.LLC (2015) 61 Cal.4th 830, 833.) The motions were timely filed. That said, plaintiffs have failed to demonstrate that the denial letter to plaintiff Viera, the public information a...

Excerpt: ...prosecution of thi s action.” The court is not persuaded. Standard A motion for judgment on the pleadings is equivalent to a demurrer and is subject to the same legal standard. All material facts which are properly pled are deemed true, but not contentions, deductions, or conclusions of fact or law. ( Mack.v¡.State.Bar.of.California (2001) 92 Cal.App.4th 957, 961.) A motion by defendant can be made on the ground that the court lacks jurisdicti...

Excerpt: ...nt Veritas. In fact, the only conduct that the complaint alleges as to Veritas is that Veritas purchased one of the vacant lots at the trustee's sale. Purchasing a property at a duly noticed trustee's sale is not wrongful in and of itself. Melendrez.v¡.D™ I.Investment.Inc¡ (2005) 127 Cal.App.4th 1238, 1251, holds that a purchaser who pays less than fair market value for a property sold at a trustee's sale and who has no notice of competing cl...

Excerpt: ...ng of proper service). Defendant's present motion to quash service of the summons and complaint is construed as a motion for reconsideration as it articulates potentially new grounds to quash the summons and complaint. That motion must be denied. Code of Civil Procedure Sectio n 1008, subdivision (a) states that a party may “within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts...

Excerpt: ...dgment as follows: (a)(1) A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. * * * (c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc. § 437c.) “The p...

Excerpt: ...421, 1430 –1432.) When ruling on a section 664.6 motion, the trial court acts as a trier of fact. ( F i o r e .v ¡ .A l v o r d (1985) 182 Cal.App.3d 561, 565.) Because the section 664.6 procedure is essentially a mini -trial on the enforceability of the settlement agreement, the court deciding such a motion may receive oral testimony, or may determine the motion upon declarations and other evidence. (Corkland. v¡. Boscoe (1984) 156 Cal.App.3...