Excerpt: ...perly considered. (Jay v. Mahaffey (2013) 218 Cal. App. 4th 1522, 1538 [stating, on anti-SLAPP motion, that “[t]o the extent defendants argue they had the right to file any reply declarations at all, they are not wrong. Such declarations, however, should not have addressed the substantive issues in the first instance, but only filled gaps in the evidence created by the limited partners' opposition.”] Here, Cross-Defendant has submitted his de...

Excerpt: ...irement of CCP § 430.41, as it does not indicate that any meet and confer regarding the issues in the demurrer actually occurred, let alone any meet and confer by telephone or in person. Defendant's counsel, Mari Kiridjian, states that she sent Plaintiff's counsel “an email regarding FCA US' intent to file a demurrer” and asked Plaintiff “to notice counsel for FCA US if Plaintiff intends to amend the Complaint or to dismiss the fraud cause...

Excerpt: ...rdered to file and serve it within 15 days of service of notice of ruling. “A demurrer tests the legal sufficiency of factual allegations in a complaint.” A demurrer is limited to the operative complaint's four corners, attached exhibits, and judicially noticeable matters. (Hoffman v. Smithwoods RV Park, LLC (2009) 179 Cal.App.4th 390, 400.) “Because a demurrer tests only the legal sufficiency of the pleading, the facts alleged in the plead...

Excerpt: ...ff to show the manner in which she may amend, and how the amendment will change the legal effect of the pleading.” Goodman v. Kennedy (1976) 18 Cal.3d 335, 349. Additionally, leave to amend should be denied where the facts are not in dispute and the nature of the claim is clear, but no liability exists under substantive law. Lawrence v. Bank of Am. (1985) 163 Cal.App.3d 431, 436. Here, the Complaint fails to state sufficient facts to constitute...

Excerpt: ...is ordered to file and serve it within 15 days of service of notice of ruling. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 10...

Excerpt: ...believes he can amend to cure that defect). The Demurrer as to COAs 1 and 2 is SUSTAINED with 20 days leave to amend. Fraud claims must be specifically pled, including how, when, where, to whom, and by what means the representations were tendered, and, when against an entity, the persons who made the misrepresentations, their authority to speak for the entity, to whom they spoke, what they said or wrote, and when it was said or written. (Tarmann ...

Excerpt: ...him from important team meetings where his position was required to be present. He reported these acts to Human Resources which failed to investigate. In 2/12/2020, plaintiff suffered some type of accident on the job, which is not disclosed in the complaint, following which MPS failed to provide requested time off and accommodations. On May 11, 2020, he attended a meeting with Human Resources where he was accused of not being injured despite prod...

Excerpt: ...ve, and to reject or execute, requests from abroad for service on its citizens.  Alternatively, Article 8 permits service to be effected through diplomatic or consular agents of the country in which the process originated, unless the country in which the service is to be made has declared its opposition to such service on persons other than nationals of the originating country.  Or, under Article 9, the papers may be forwarded through consu...

Excerpt: ...y Act provides litigants with the right to broad discovery. In general, any party may obtain discovery regarding any matter, not privileged, that is relevant 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. [Citation.] In establishing the statutory me...

Excerpt: ...n, Generally A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating 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, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has plea...

Excerpt: ...on for Conversion, the Second Cause of Action for Intentional Fraud, and the Third Cause of Action for Negligent Misrepresentation. The Motion to Strike is DENIED AS MOOT, in light of the court's ruling on the Demurrer. “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in...

Excerpt: ...facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. Day v. Sh...

Excerpt: ...5.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or ...

Excerpt: ...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.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 t...

Excerpt: ...tations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 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.” P e r e z v . G o l d e n E m p i r e T r a nsportation Transit District (2012) 209 Cal.App.4th 1228, 1238,...

Excerpt: ... objections directed to the declaration of Michael Scheafer. The court SUSTAINS Objection No. 2 to the declaration of Scott Carroll, and OVERRULES the remaining objection to this declaration. Defendants' Evidentiary Objections filed on 11-4-21 under ROA No. 214: The court SUSTAINS Objections Nos. 10, 13, and 15 to the declaration of Steve Hodges and OVERRULES the remaining objections to this declaration. The court SUSTAINS Objection No. 25 to the...

Excerpt: ... Constitution or the California Constitution in connection with a public issue shall be subject to a special 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.” Co...

Excerpt: ...sary costs or delay.” Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal.4 th 1127, 1149, states, “Consolidation under Code of Civil Procedure section 1048 is permissive, and it is for the trial court to determine whether the consolidation is for all purposes or for trial only. [Citation.]” “Under the statute and the case law, there are thus two types of consolidation: a consolidation for purposes of trial only, where the two actions remain o...

Excerpt: ...tions that may be just.” Miller-Leigh LLC v. Henson (2007) 152 Cal.App.4 th 1143, 1149-1150, (Miller-Leigh), states, “ ‘While . . . parties may not deprive courts of their jurisdiction over causes by private agreement [citation], it is readily apparent that courts possess discretion to decline to exercise jurisdiction in recognition of the parties' free and voluntary choice of a different forum. . . . [¶] No satisfying reason of public pol...

Excerpt: ...ers asserted in them. (Sosinsky v. Grant (1992) 6 Cal.App.4 th 1548, 1564-1570.) Code of Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision ...

Excerpt: ...rest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve the overriding interest. (See also NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal. 4th 1178, 1218.) The court denies the request seal the entire settlement agreement as defendant has not s...

Excerpt: ...of each of the 6 th through 10 th affirmative defenses of plaintiff Orange County Association for Mental Health dba Mental Health Association of Orange County [“MHAOC”] and BT Investment Properties, LLC's [“BT”] Answer to the Complaint 3. Summary judgment of MHAOC's Cross- Complaint The Motions are DENIED. 1. Motion for Summary Judgment – 2 nd COA (public nuisance per se) Through this Motion the City of Santa Ana asks the Court to enter...

Excerpt: ...y any and all instances, including the time, date, place and persons involved, where Plaintiff has suffered “severe embarrassment” as a result of the alleged conduct.” Special Interrogatory No. 7 asks Plaintiff to “Identify any and all instances, including the time, date, place and persons involved, where Plaintiff has been “exposed [] to hatred, contempt, ridicule and obloquy” as a result of Defendant's alleged conduct.” Special In...

Excerpt: ... and Release was attached as Exhibit 1 (ROA 590). The court takes judicial notice of this settlement. As such, the Defendants Gonzalez CPA, First Class CPAS LLP and Wesley Shin's Motion for Summary Judgment is moot and is taken off calendar. Motion No. 2: Plaintiff Vivian Schroeder as individual and trustee's Motion to Modify Protective Order is GRANTED. The Protective order is modified to include Financial Information for the tax years 1999 to 2...

Excerpt: ... and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530 [internal citations and quotation marks omitted].) Plaintiff seeks to file a Third Amended Complaint to add two causes of action for usurpation of corporate opportunity and breach of the duty of loyal...