Excerpt: ...ting the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 2...

Excerpt: ...ude its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any. (b) The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. If the title is based upon adverse possession, the complaint shall allege the specific facts constituting the adverse possession. (c) The adverse claims to the title of ...

Excerpt: ..., LLC, (“AWC”). (See Cross-Compl., Ex. 1.) AWI is the Manager-Member, and SCP is the Investor- Member. (See id.) AWI and SCP are the only members of AWC. (See Ex. 1 at internal Ex. A.) 1. Initial Capital Contribution The LLC Agreement requires SCP to make an initial capital contribution of $250,000. (LLC Agmt. at § 2.1(a).) SCP also agreed to “contribute to the Company additional capital, in accordance with the provisions of this Section2,...

Excerpt: ...ril 13, 2022, the Honorable Randell L. Wilkinson presided over the hearing on Defendants David Berg's and Berg & Androphy's Motion to Quash. (ROA No. 52 [04/13/22 Minute Order].) The April 13, 2022, Minute Order indicates that a hearing was held with all participants appearing remotely and that the court, “having fully considered the arguments of all parties, both written and oral, as well as the evidence presented” took the matter under subm...

Excerpt: ...e evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence. If the party opposing the petition raises a defense to enforce...

Excerpt: ... a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. . . . [¶] (b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counteraffidavits...

Excerpt: ... Notice, filed on 6-21-22 under ROA No. 65, because the court can review legal authority without taking judicial notice of that authority. On 12-16-21 under ROA No. 2, Plaintiff filed a Complaint alleging violation of statutory obligations against Defendant—FCA US LLC (FCA) and Defendant— Normandin Chrysler Dodge Jeep Ram Fiat (Normandin). The Complaint alleged violation of statutory obligations against both Defendants. On 6-15-22 under ROA N...

Excerpt: ...4th 919, 939, footnote 13) “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App....

Excerpt: ... (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040 . . . [¶] (c) Unless notice of...

Excerpt: ...rest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it, and the potential prejudice to plaintiffs of delay; (2) the burden which any particular aspect of the proceedings may impose on defendants; (3) the convenience of the court in the management of its cases, and the efficient use of judicial resources; (4) the interests of persons not parties to the civil litigation; and (5) the interest of the pu...

Excerpt: ...itrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶ ](a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement. [¶] (c) A party to the arbitration agreement is also a party to a pending court action or special proceed...

Excerpt: ...pecial motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. [¶] (2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. . . .” Code of Civil Procedure section 425.16, subdivision (e), states, “As used in this section, ‘ac...

Excerpt: ...ourt “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” [Citations.] Ultimately, disqualification motions involve a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. [Citation.] The paramount concern mus...

Excerpt: ...rvice of summons. 2. Defendants Sun Life Financial, Inc. and Sun Life Assurance Company of Canada's (collectively “Sun Life” unless the separate identities of Sun Life Financial and Sun Life Assurance are relevant) demurrer to the complaint of Plaintiff Robert S. Wright. 3. Sun Life's motion for sanctions against Wright. The Court addresses each motion in turn. Broadly speaking, this action arises from Wright's attempt to claim long-term disa...

Excerpt: ... take judicial notice of materials not “necessary, helpful, or relevant”].) I. Standard of Review in § 1983 Cases The City demurs to Reeves' second cause of action, for violation of 42 U.S.C. § 1983. The usual standards for a general demurrer are inapplicable to § 1983 claims brought in state court. Rather, “the state courts of California should apply federal law to determine whether a complaint pleads a cause of action under section 198...

Excerpt: ...t apply to any class member, and defendant has provided evidence raising triable issues of fact as to this affirmative defense. Under the Industrial Welfare Commission's orders concerning employees in the mercantile industry, “the overtime provisions do not apply when more than one half the employee's compensation represents commissions”. Keyes Motors, Inc. v. Division of Lab. Standards Enforcement (1987) 197 Cal. App. 3d 557, 561. Specifical...

Excerpt: ...s well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supplemental papers on the LWDA. As to the Settlement: 1. Please provide a copy of Plaintiff's pre-filing letter to the LWDA. 2. Are there any other matters, whether individual, class, or PAGA, pending or in the pre-filing LWDA stage, that could be affected by approval of this settlement? 3. Please explain the starting date for the PAGA period. Fr...

Excerpt: ...tivity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success.”  (Baral v. Schnitt (2016) 1 Cal.5th 376, 384.)  Prong 1: Protected activity   A claim may be struck pursuant to section 425.16 only “if the speech or petitioning activity itself is the wrong complained of, and not just evidence...

Excerpt: ...hat they were not reasonable or necessary. Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4th 11, 29; Wagner Farms, Inc. v. Modesto Irrigation Dist. (2006) 145 Cal.App.4th 765, 773-74. The party challenging costs does not meet this burden by arguing that the costs were not necessary or reasonable, but must present evidence and prove that the costs are not recoverable. Seever v. Copley Press, Inc. (2006) 141 Cal.App.4th 1550, 1...

Excerpt: ... at issue, nor do they set forth the text of each request. “A motion to quash provides the trial court with the opportunity to determine whether documents should be produced pursuant to the underlying subpoena.” (In re R.R. (2010) 187 Cal.App.4th 1264, 1277, emphasis added.) The Court can hardly be called upon to quash “underlying subpoenas” that were not made a part of the record. In any event, the motions describe the subpoenas as reque...

Excerpt: ...torney Roofian and his client Tylor Johnson between 2017 and the present relating to plaintiff's investment in a cannabis company through Yellowstone Holdings 2020 and Johnson's direction to Roofian regarding transfer of funds received on behalf of plaintiff to third parties. Roofian has asserted the attorney-client privilege in response to all RFPS and produced a privilege log. Attorney-Client Privilege A confidential communication between clien...

Excerpt: ...nt to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of ...

Excerpt: ...ent to arbitrate the controversy exists,” except under certain situations outlined by statute. (Code Civ. Proc. § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agreement; (c) a party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out o...

Excerpt: ...xhibit A thereto). Defendant concedes having received these Amended responses and does not dispute that they were properly verified. (Reply: 2:10-12). In response, Defendant refers back to the lack of verification as to the initial responses and “requests that the Court order Plaintiff to verify his December 17, 2021 responses forthwith.” (Reply: 2: 15-16). However, the initial responses have been superseded by the responses served on May 26,...

Excerpt: ...filed on 2/17/22 by Plaintiff Luis Alvarez (“Plaintiff”). Motion 1 – the MSJ/MSAI The MSJ/MSAI is GRANTED IN PART. As a preliminary matter, the Regents' papers contains multiple defects. The Motion's MPAs and Reply brief both substantially exceed the page limit under C.R.C. 3.1113(d), and also fail to comply with C.R.C 2.108(1) and (4). While the violation on the moving papers could be attributed to oversight, the same is not true for the r...