Excerpt: ...judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid.Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Rich...

Excerpt: ... If a revised settlement and/or proposed Class Notice are submitted, a redlined version showing all changes, deletions, and additions must also be submitted electronically to the Court. 15. Please clarify whether the FCRA/ICRAA Settlement Amount is $20,000 or $20,400. There are references to both numbers in the Settlement Agreement and Notice. This must be corrected throughout both documents. How was the amount determined to be a suitable allocat...

Excerpt: ... 162, 166. The principal grounds are set forth in Code Civ. Proc. §657. Preliminarily, although defendants list multiple grounds in their motion, they fail to specify which grounds their motion is based upon. In reviewing the arguments of defendants, it appears that defendants contend that an irregularity in the proceedings occurred (Code Civ. Proc. §657(1)); the verdict was supported by insufficient evidence (Code Civ. Proc. §657(6)); and the...

Excerpt: ...' prayer for punitive damages, attorney's fees, and disgorgement of profits, as well as all allegations that Defendants contend relate to illegal, unenforceable, or retired contract provisions. As an initial matter, the Court notes that the parties met and conferred by telephone prior to the filing of this Demurrer and Motion to Strike, in compliance with the Code of Civil Procedure. Demurrer Information and Belief Defendants demur to the first, ...

Excerpt: ...his case with reasonable precision and with particularity sufficient to acquaint a defendant with the nature, source and extent of his cause of action. . . . The particularity required in pleading facts depends on the extent to which the defendant in fairness needs detailed information that can be conveniently provided by the plaintiff; less particularity is required where the defendant may be assumed to have knowledge of the facts equal to that ...

Excerpt: ...riting. Defendant also contends that Plaintiff fails to allege facts showing a meeting of the minds as to the amount to be paid by Defendant to the Plaintiff, and that eligibility for benefits under the Plan does not demonstrate an agreement implied in fact to pay a certain price. Plaintiff contends that California case law has recognized that allegations in complaint similar to the instant allegations by Plaintiff are sufficient to state a breac...

Excerpt: ...ty, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (Code Civ. Proc., § 473(a)(1).) The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code Civ. Proc., § 473(a)(1).) Additiona...

Excerpt: ...eld Co. (2001) 25 Cal.4th 826, 850; Code Civ. Proc. § 437c, subd. (p)(1).) “Once the plaintiff ... has met that burden, the burden shifts to the defendant ... to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. The defendant ... may not rely upon the mere allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the s...

Excerpt: ...ther response to requests for admission if that party deems that either or both of the following apply: an answer to a particular request is evasive or incomplete; and/or an objection to a particular request is without merit or too general. Notice of such motion must be given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding pa...

Excerpt: ...rt considers the amended versions of these documents, in conjunction with originally filed moving papers to which no amended version was filed. Chavez moves for an order granting summary judgment on Plaintiff Marina Espinoza's entire complaint, including Plaintiffs' Third Cause of Action for Professional Negligence and Plaintiffs' Fourth Cause of Action for Breach of Fiduciary Duty. “The elements of a cause of action in tort for professional ne...

Excerpt: ...osta County Employees' Retirement Assn. (2004) 125 Cal.App.4th 343, 353, “We have no doubt that a public official or government body, just like any private litigant, may make an anti-SLAPP motion where appropriate.”) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party moving to strike a cause of action has met its initial burden to show that the cause of action arises from an act i...

Excerpt: ...ordered the parties to meet and confer concerning the issues raised and provide a joint statement. (ROA 788.) The Joint Statement, filed on February 4, 2022, requested that the hearing be further continued, and the Court continued the hearing to April 26, 2022. (ROAs 790 & 795.) The parties' second Joint Statement, filed on April 20, 2022, indicated they were still attempting to resolve the issues raised and requested further continuance. (ROA 79...

Excerpt: ...ffs file an Amended Complaint that includes the referenced exhibits, so that everything is contained in one document. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached to and incorporated therein) or from matters outside the pleading...

Excerpt: ... v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459. Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provides, “This rule of liberal construction m...

Excerpt: ... on “information and belief” are improper, where a Complaint fails to allege “such information that lead[s] [the plaintiff] to believe that the allegations are true.” Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 551, fn. 5; See also Pridonoff v. Balokovich (1951) 36 Cal.2d 788, 792. To meet the above standard, the Amended Cross-Complaint adds the allegations, “individual GUTCHEON was the sole person to perform work for KOASTAL on D...

Excerpt: ... a prayer for $10,000,000.00 in compensatory damages, and a cause of action for Elder Abuse against all Defendants. Also before the Court is a Demurrer to the Second Amended Complaint (SAC) by Defendant Severson Plumbing Services, Inc. (“Severson”), a Motion to Strike by Severson, and a Motion to Strike by Defendants Aliso Villas Condominium Association (“Aliso Villas”) and Total Property Management, Inc. (“TPM”). Plaintiff's Motion f...

Excerpt: ...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.4 th 445, 459. Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Go...

Excerpt: ...ENIES the motion as to Pogue's Special Rogs in its entirety. The Court DENIES the motions as to the Corporate Entity Defendants' Special Rogs, Nos. 6-17, 126, 129-130, 132-136 and 162-202. The Court GRANTS the motions as to the Corporate Entity Defendants' Special Rogs, Nos. 21-65 and 67-125. The Court DENIES both parties' requests for sanctions. A. Jurisdiction A party moving to compel further discovery responses must file and serve the motion �...

Excerpt: ...The Court finds that based on the evidence presented, a reasonably hourly rate for the services performed by Plaintiff's attorneys is $400 an hour. Number of Hours Billed. Plaintiff presents evidence that his attorneys at Neale & Fhima, LLP reasonably expended approximately 98.7 hours prosecuting this case (including the time on the Motion), anticipates spending an additional 4 hours to review the Opposition and prepare a Reply, and anticipates s...

Excerpt: ...he ground that he prevailed on Plaintiffs' claim against him for breach of contract. For the reasons set forth below, the Court GRANTS the motion in part, but awards far, far less than the exorbitant amount requested by Defendant. As an initial matter, Defendant asks the Court to take judicial notice of its Final Statement of Decision, Judgment, the Memoranda of Costs, and the First Amended Complaint – all of which are documents filed in this c...

Excerpt: ...nswer or demurrer. Code Civ. Proc. § 473(a) (1). The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. Code of Civ. Proc. § 473(a) (1). Additionally, any judge, at any time before or after commencement of trial, in the furtherance of...

Excerpt: ...).) “The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” (Code Civ. Proc. § 473(a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be pr...

Excerpt: ... is DENIED. As an initial matter, the Court declines to consider the District's response to Plaintiff's separate statement. No such response is permitted under the Code of Civil Procedure or the California Rules of Court. (Code Civ. Proc., § 437c; Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) Applicable Law In both summary judgment and summary adjudication proceedings, the pleadings determine the scope of the relevant issues. ...

Excerpt: ... DENIED. On January 3, 2022, the Court entered “Judgment in Favor of All Defendants” (“Judgment”). On January 5, 2021, Defendants served Plaintiff with a Notice of Entry of Judgment. (Orland Decl., ¶ 3, Ex. A.) In this motion, Plaintiff asks the Court to either strike Section 3 in its entirety from the Judgment, or in the alternative, strike the last sentence which states: “Crown Valley Holdings, LLC, Westport Capital Partners, LLC, WC...

Excerpt: ... the expert fees from the claimed $13,159.08 down to $10,814.13, as agreed to by ATPA (see Hall Decl. ¶ 6, Ex. 5; Opp. at p. 2, fn. 1). $105.35 – This amount reflects the reduction of what appear to be excessive e-filing costs totaling $175 ($25 each) claimed on 7/16/19, 10/9/19, 10/25/19, 3/5/21, 4/26/21, 5/12/21 and 7/9/21, down to the more reasonable amount $9.95 each. $1,535.25 – This amount reflects those costs claimed for certain unspe...