Excerpt: ...t demonstrated a right to the funds in the Reserve Account. But the court must accept as true at the demurrer stage the allegation that “cross-complainants own [] the fund in the Reserve Account.” However, a conversion claim must allege a specific and identifiable amount, which the cross-complaint does not do. The demurrer is SUSTAINED with 10 days leave on this last ground alone. Second Cause of Action—Breach of Contract The cross-complain...

Excerpt: ...dependent adult' means any of the following: [¶] (1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. [¶] (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. [¶] (3) Financial abuse, as defined in Section 15610.30.” Welfare & Institutions Code § 15610.57, subdivision (a)(1) defines n...

Excerpt: ...he existence of the contract, the plaintiff's performance or excuse for failure to perform, defendants' breach and damage to plaintiff resulting therefrom. (Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1031) The complaint must allege the ultimate facts necessary to state an actionable cause of action, and it is insufficient to simply plead the evidence by which he hopes to prove such ultimate facts. (Careau & Co....

Excerpt: ...t is alleged delivery of the vehicle occurred February 5, 2015. But the lawsuit was not filed until March 23, 2021, and this specific cause of action would be barred by the four-year statute of limitations unless the complaint adequately pleads delayed discovery. Paragraphs 17-24 of the amended complaint detail the various times the plaintiff presented the vehicle for repairs beginning in October 2019, or more than four years after delivery. Para...

Excerpt: ... file a second amended complaint within 20 days. Defendants' request for judicial notice is denied as irrelevant to this motion. First COA - Violation of California Civil Code Section 2923.55 and/or 2923.5 In the first cause of action of the first amended complaint (“FAC”), Plaintiffs allege Defendants violated statutory provisions related to recordation of the Notice of Default. Plaintiffs allege Moving Defendants were the loan servicer at t...

Excerpt: ...ery board member and the claims made in this amended complaint were raised with the board at the November 8, 2019 annual shareholders meeting. The demurrer as to these causes of action is OVERRULED on this ground. b. The Other Claims The Third and Tenth Causes of Action are for conversion, but they fail to allege the specific amount of money converted, simply alleging instead that it is at least $1 million and the amount will be proven at trial. ...

Excerpt: ...ost substantial funds with WFP. She brought an arbitration proceeding against Respondents WFP, Schooler, and Sathre, claiming they were negligent in recommending the investments. Respondents prevailed at arbitration and obtained an award of costs (later incorporated into the judgment) against Petitioner in the principal amount of $135,755.89. Respondents obtained the judgment in 2012. Sathre began making efforts to collect in 2018, when he filed ...

Excerpt: ...declines to rule on these objections as they are immaterial to the court's ruling as set forth below. Defendants' Objections to Supplemental Declaration of Jon Kliewer filed on 1-31-22 under ROA No. 114: The court OVERRULES Objections Nos. 1, 2, 3, 4, 5, and 6. The court SUSTAINS Objection No. 7. Lydig Construction, Inc. v. Martinez Steel Corp. (2015) 234 Cal.App.4th 937, 943-944 (Lydig), explains, “The procedures and grounds for obtaining orde...

Excerpt: ...rms the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Cloud v. Northrop (1998) 67 Cal.App.4th 995, 999). In determining a motion for judgment on the pleadings, the court must accept as true all material facts alleged in the challenged pleading. (Hardy v. America's Best Home Loans (2014) 232 Cal.App.4th 795, 802; Bettencourt v. Hennessy Indu...

Excerpt: ...sed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and [¶] (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. [¶] (b) Supporting declaration [¶] A separate declaration must accompany the motion and must specify: [¶] (1) The effect of the amendment; [¶] (2) Why ...

Excerpt: ...evious pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and [¶] (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. [¶] (b) Supporting declaration [¶] A separate declaration must accompany the motion and must specify: [¶] (1) The effect of the...

Excerpt: ...”) Special Interrogatories, Set No. One, on the grounds the total number of interrogatories propounded is unwarranted and burdensome. KHAN contends KHANUM propounded 183 special interrogatories; that this number of interrogatories is not warranted based on the issues in this case; that the special interrogatories which ask Plaintiff to identify all documents in support of the contentions is duplicative of the Request for Production of Documents...

Excerpt: ... no grounds exist to bar enforcement of the Agreement. (Code Civ. Proc., §1281.2.) The hearing on this matter has been continued on at least two prior occasions to permit supplemental briefing. At the last hearing on 4-7-22, Plaintiff's counsel raised additional arguments at oral argument not raised in her papers. Plaintiff argued the agreement lacked mutuality and any meeting of the minds, and Plaintiff could not be compelled to arbitrate her c...

Excerpt: ...de section 1793.2, subdivision (d); (2) Violation of Civil Code section 1793.2, subdivision (b); (3) Violation of Civil Code section 1793.2, subdivision (a)(3); (4) Breach of Express Warranty (Civil Code section 1791.2, subdivision (a), and Civil Code section 1794); (5) Breach of Implied Warranty of Merchantability (Civil Code sections 1791.1, 1794, and 1795.5); and (6) Fraudulent Inducement. Code of Civil Procedure section 1281.2 states in part,...

Excerpt: ...y deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1) the motion shall set forth specific facts showing good cause justifying the discovery sought b...

Excerpt: ...or Order Deeming Plaintiff Cynthia L. Brown a Vexatious Litigant Who Must Provide Security for Defendant's Costs and Attorney Fees (Motion), filed on 7-7-21 under ROA No. 255, is GRANTED. Defendant's Request for Judicial Notice (DRJN), filed on 7-7-21 under ROA No. 250, is GRANTED pursuant to Evidence Code section 452, subdivision (d). Plaintiff's (Cynthia L. Brown) Request for Judicial Notice (PRJN), filed on 10-27-21 under ROA No. 280, is GRANT...

Excerpt: ... disability discrimination; (2) disability retaliation; (3) failure to prevent discrimination, harassment, retaliation; (4) intentional infliction of emotional distress; (5) failure to engage in good faith interactive process; (6) failure to provide reasonable accommodations; (7) failure to provide employment records; (8) violation of California Family Rights Act; (9) unfair business practices; and (10) constructive/wrongful termination. The FAC ...

Excerpt: ...yer for relief seeks punitive damages as to all causes of action. (See SAC, at p. 19.) The SAC alleges that “DEFENDANTS' conscious disregard of the rights and safety of others, including, but not limited to, Mr. Holcomb, warrants the imposition of punitive damages pursuant to California Civil Code Section 3294. These acts and failures to act by DEFENDANTS constitute fraud, oppression, and/or malice as well as willful and reckless misconduct, co...

Excerpt: ...copy of the document must be served on all other parties that already possess copies, along with the redacted version. CRC 2.551(b)(2). The moving party must lodge a complete copy of the document, marked “Conditionally Under Seal,” with a cover sheet stating the case information and that the enclosed record is subject to a pending Motion to Seal. CRC 2.551(d). To grant a motion to seal, the court must expressly find that: (1) an overriding in...

Excerpt: ...Exhibit 5 (Promotional Application for Jeremy Hill dated October 20, 2017). California Rules of Court, Rule 2.550(d) states the court may seal records only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the reco...

Excerpt: ... motion practice…is that new evidence is not permitted with reply papers…‘[T]he inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case ...' and if permitted, the other party should be given the opportunity to respond.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Reply evidence should not address substantive issues in the first instance but only fill gaps in the evidence creat...

Excerpt: ...vides that all papers relating to the same motion may be combined, “[i]t should not be read to authorize combining papers relating to separate motions.” (See Weil & Brown (The Rutter Group 2021) Cal. Prac. Guide Civ. Pro. Before Trial, Law and Motion §9:24.3) Procedural Deficiency The motions are denied based on plaintiff's failure to file separate statements for all of the motions or submit a concise outline of the discovery requests and ea...

Excerpt: ...iv. Proc., § 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. Code Civ. Proc. § 2030.300(a). No. 12 and No. 17 These interrogatories ask Defendant to “[d]escribe in detail [its] relationship with 12 Towers Engineering,” and “KNS Steel, Inc.” Defendant responded that 12 Towers and KNS Steel were its subcontractors for the Proje...

Excerpt: ...where a party fails to appear at deposition or where a party fails to comply with a court order compelling attendance, testimony, and production at a deposition, respectively. “To justify imposition of such discovery sanctions, the trial court must expressly find that the disobedient party's failure to obey was wilful. [Citation.] The burden of proof is upon the disobedient party to establish the lack of wilfulness of his failure to perform. [C...

Excerpt: ...tice of the truth of the hearsay matters stated therein or a particular interpretation of the laws cited therein. (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1374-1375) A. Plaintiff's Objection to the Declaration of Mokhtar Ramadan is OVERRULED. (See ROA #138) A. Defendant's Objections to documents Nos. 1-3 below are OVERRULED. 1. Declaration of Laurent Fabre and Exhibits A through E thereto 1. Declaration of Sacha E...