Excerpt: ...d with extraneous matters, states a cause of action.'” (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) The First Amended complaint (FAC) alleges eight causes of action: 1. Recovery Of Payments To Unlicensed Contractor (Bus. & Prof. Code, § 7031(B)); 2. Fraud; 3. Breach Of Contract; 4. Breach Of Implied Covenant Of Good Faith And Fair Dealing; 5. Restitution; 6. Unfair Competition And Business Practices (Bus. & Prof. Code, § 17200 Et Seq....

Excerpt: ...peculation), ¶12 (lack of personal knowledge, speculation). Standard of Review “Section 425.16 posits ... a two -step process for determining whether an action is a SLAPP. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity.... If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a pr...

Excerpt: ...tay will accommodate the ends of justice.” OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 141, citing, People v. Bell (1984) 159 Cal.App.3d 323, 329 and Landis v. North American Co. (1936) 299 U.S. 248, 254. “Comity is based on the belief ‘that the laws of a state have no force, proprio vigore, beyond its territorial limits, but the laws of one state are frequently permitted by the courtesy of another to operate in the latter for the promotion of...

Excerpt: ... -step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether the 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; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oakshade Town Center (2005) 135 Cal. App. 4...

Excerpt: ...ns against deposing an opposing counsel.” Ibid. Consistent with these public policy concerns, “[t]he circumstances under which opposing counsel may be deposed are limited to those where (1) no other means exist to obtain the information than to depose opposing counsel; (2) the information sought is relevant and not privileged; (3) the information is crucial to the preparation of the case.” Estate of Ruchti , 12 Cal. App. 4th 1593, 1600 (199...

Excerpt: ...“The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.” Code Civ. Proc. §631(g). “In exercising its discretion, the trial court may consider delay in rescheduling jury trial, lack of funds, timeliness of the request and prejudice to the litigants.” TriCoast Builders, Inc. v. Fonnegra (2022) 74 Cal.App.5 th 239, 245. “Prejudice to the court or its calendar are a...

Excerpt: ...e in the United States.” The court notes, however, none of the documents or their substance needed to be considered as part of the decision below. Standard of Review 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...

Excerpt: ...titions, written notices of motions or similar papers.” Musaelian v. Adams (2009) 45 Cal.4th 512, 514. Under that authority, trial courts may issue sanctions, including monetary and terminating sanctions, against a party for filing a complaint that is legally or factually frivolous. Code Civ. Proc. § 128.7(b) - (d); Ponce v. Wells Fargo Bank (2018) 21 Cal.App.5th 253, 263 -264. “A claim is factually frivolous if it is ‘not well grounded in...

Excerpt: ...ablish the "probable validity" of the real property claim. See Code Civil Proc. §405.32. Under this standard, the court examines the merits of the underlying action and applies an objective test. See Code Civ. Proc. §§405.3, 405.32; Amalgamated Bank v. Superior Court (2007) 149 Cal.App.4th 1003, 1015; Mix v. Superior Court (2004) 124 Cal.App.4th 987, 993 -994. A claim has probable validity if "it is more likely than not that the claimant will ...

Excerpt: ...hat Lake Life Resorts, LLC has been served with the instant motion. Motion to File Second Amended Complaint Plaintiff's January 23, 2025 motion to file a second amended complaint is granted. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Code of Civil Procedure § 473(a)(1). “This statutory provision giving the courts the power to permit amendments in furtherance of justic...

Excerpt: ...aint, as it stands, unconnected with extraneous matters, states a cause of action.'” Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. See also, Accord McKenney v. Purepac Pharmaceutical Co. (2008) 162 Cal.App.4th 72, 79. The Demurrer to the First Cause of Action for Breach of Contract is sustained without leave to amend. The claim fails to state sufficient facts against Bamboo as Sutton issued the insurance policy, Bamboo is not a party to th...

Excerpt: ...rt evidence on the ultimate legal issues of inherent risk and duty.” Willhide -Michiulis, et al. v. Mannoth Mountain Ski Area (2018) 25 Cal.App.5 th 344, 354 -355 (citation omitted). The nature and risks of downhill skiing are commonly understood. Towns v. Davidson (2007) 149 Cal.App.4 th 461, 473. Here, the Declaration of Mr. Wall is not provided to assist the Court is esoteric areas with which a court is not familiar. Rather it is to assert o...

Excerpt: ...urt finds the motion was made or opposed in bad faith or without substantial justification.' ” Vasquez v. Cal. School of Culinary Arts, Inc . (2014) 230 Cal.App.4th 35, 40. A court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct. The court may also...

Excerpt: ...er committed negligently or willfully. See Lowman v. County of Los Angeles (1982) 127 Cal.App.3d 613, 616. Moreover, plaintiff has failed to allege sufficient facts to suggest that he falls within recognized exceptions to statutory immunity under either Government Code section 814 or 845.6. All defendants' demurrer to the third cause of action for the Bane Act violation in the FAC is sustained. The Bane Act is codified in Civil Code section 52.1 ...

Excerpt: ...alleges only that the amount of the FAIR Plan premiums did not appear on the closing disclosure. The closing disclosure is a separate document from the mortgage contract. “If the action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written instrument must be attached and incorporated by reference.” Otworth v. Southern Pac. Transportation Co. (1985) 166 Cal...

Excerpt: ...� Moreover, for a determination of good faith, the settlement needs to be “within reasonable range of the settling tortfeasor's proportional share of comparative liability.” Tech -Bilt Inc. v. Woodward Clyde & Associates (1985) 38 Cal.3d 488, 499. A good faith determination is only denied if the settlement is “grossly disproportionate to what a reasonable person, at the time of settlement, would estimate the settling defendant's liability t...

Excerpt: ...ress. Lowry v. Standard Oil Co. (1944) 63 Cal. App. 2d 1, 6. Here, Plaintiff has alleged each element at Paragraphs 15 -17 of the Complaint. Thus, the claim is adequately pled. The elements of a cause of action for battery are: Defendant intentionally committed an act resulting in a harmful or offensive contact with the plaintiff's body; plaintiff did not consent to the contact; and the contact caused injury, damage, loss or harm to plaintiff. Br...

Excerpt: ...d, more than once, “Plaintiff and [d]efendant are not married and are not spouses. Accordingly, Civil Code section 872.210 does not bar the present action for partition.” See, e.g. , Mar. 22, 2024 Memo. Dec. & Order. The court also previously ruled that “in the exercise of discretion, [the court] recognizes the Dubai divorce decree as it relates to the status of marriage only ,” and that “Defendant has failed to establish how recognitio...

Excerpt: ...; Ellenberger v. Espinosa (1994) 30 Cal.App.4th 943, 947; Planning & Conservation League v. Castaic Lake Water Agency (2010) 180 Cal.App.4th 210, 225 –226; Flying Dutchman Park, Inc. v. City and County of San Francisco (2001) 93 Cal.App.4th 1129, 1134. The Town's request for judicial notice is granted. The objections by petitioner thereto are overruled. The Amended Petition/Complaint and All Claims The Town demurs to the first amended petition ...

Excerpt: ...hether costs are reasonable based on the losing party's ability to pay.” LAOSD Asbestos Cases (2018) 25 Cal.App.5th 1116, 1124 –1125. The motion to tax the credit card transaction fees of $13.75 and $28.05 is denied. These fees appear to be reasonably necessary to the conduct of the litigation. See Code Civ. Proc. §1033.5(c). The court accepts defendant's concession to tax the two $45.00 “shipping and handling” charges. Postage fees ...

Excerpt: ...d). This provision does not define “prevailing party.” Courts interpreting similar provisions in the context of civil harassment petitions have looked to Code of Civil Procedure section 1032 to define prevailing party. See Adler v. Vaicius (1993) 21 Cal.App.4th 1770, 1777 (“Since [Code of Civil Procedure] section 527.6 does not define “prevailing party,” the general definition of “prevailing party” in section 1032 may be used.”); ...

Excerpt: ... This provision does not define “prevailing party.” Courts interpreting similar provisions in the context of civil harassment petitions have looked to Code of Civil Procedure section 1032 to define prevailing party. See Adler v. Vaicius (1993) 21 Cal.App.4th 1770, 1777 (“Since [Code of Civil Procedure] section 527.6 does not define “prevailing party,” the general definition of “prevailing party” in section 1032 may be used.”); Els...

Excerpt: ...ons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due. “Given the high stakes involved in motions for summary judgment and summary adjudica...

Excerpt: ... 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 apply a three -step analysis: (1) identify the issues framed by the pleadings to b...

Excerpt: ...fficient to acquaint a defendant with the nature, source 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 lies only where the defects appear on the face of the pleading or are judicially noticed. Code Civ. Proc. §§ 430.30, 430.70. Thus, the only issue addressed by a ...