Excerpt: ...uled. 1st cause of action: misrepresentation. The demurrer to the first cause of action for misrepresentation is sustained, with leave to amend, on grounds of failure to state facts sufficient to constitute a cause of action. (CCP 430.10(e).) This cause of action does not allege all of the elements of fraud with the required specificity. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 72-73 [elements]; Lazar v. Superior Court (1996) 12 Cal.4 th ...

Excerpt: ...202 Cal.App.4th 464, 474–476 [“A judgment against a trust, rather than against its trustees, is not enforceable.”].) As a result, a trust “‘“is simply a collection of assets and liabilities. As such, it has no capacity to sue or be sued, or to defend an action.”'” (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 522 [quoting Stoltenberg v. Newman (2009) 179 Cal.App.4th 287, 293; accord, Prob. Code, § 18004; Moeller v. Superior...

Excerpt: ...h order and writ of attachment by filing an application for the order and writ with the court in which the action is brought. (Code Civ. Proc., § 484.010.) The application must be executed under oath and must include the following statements: (1) the attachment is sought to secure the recovery on a claim on which the attachment may be issued; (2) the amount to be secured by the attachment; (3) the attachment is not sought for a purpose other tha...

Excerpt: ...ic Substances Control (DTSC) separately demur to the fourth cause of action, for declaratory relief, of the third amended cross-complaint (3AXC) of Cross-Complainant Soco West, Inc. The demurrers are OVERRULED. Soco's request for judicial notice is DENIED as immaterial. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748 fn. 6 [declining to take judicial notice of materials not “necessary, helpful, or relev...

Excerpt: ... “to contest the wrongful judgment.” But the only extant document in the file is the clerk's rejection. (RAO 190.) Fan made several other requests to bring her claims as to the alleged wrongfulness of the judgment to the court's attention, but they were all rejected by the clerk's office for noncompliance with the Rules of Court. On March 26, 2021, Fan filed a motion to vacate what she termed a “wrongful” judgment. (ROA 205.) Apparently, ...

Excerpt: ...dant represented that the product had characteristics, uses, or benefits it did not have (3) plaintiff was harmed; and (4) the harm resulted from Defendant's conduct. CACI 4700. Here, the allegations contained in the Complaint at paras. 1, 6-7, 10, 11, 13, & 14 are sufficient to state a claim against MBUSA for violations under the CLRA. To prove reliance, it is enough for the plaintiff to prove the representation was a substantial factor in the p...

Excerpt: ... within the time granted him by the Court pursuant to its February 3, 2021 Minute Order. Whether the FAC Was Timely Filed. On February 3, 2021, the Court granted NATIONSTAR'S motion for judgment on the pleadings with 20-days leave to amend. (See 2/3/21 M.O., ROA 84.) NATIONSTAR contends that Plaintiff's deadline to file the FAC was February 24, 2021 based on the Court's February 3, 2021 Order. In Opposition, Plaintiff contends it had until March ...

Excerpt: ...on. Moving Defendants contend that the first cause of action does not allege facts showing an inadequate remedy at law, and that specific performance is not allowed where remedies at law, such as monetary damages, are available. They also contend that the fourth cause of action is not pleaded with the requisite specificity as to any misrepresentation and resulting damages. Plaintiffs Alex Paleo (“Paleo”) and Ivan Valdez (“Valdez”) (collec...

Excerpt: ...ars of the incident. (See Code Civ. Proc., § 335.1 [statute of limitations for personal injury action is 2 years].) Defendant plead as an affirmative defense that the action was barred by a 1-year limitations period contractually agreed to at the time the residential lease was signed by plaintiff. Initially, the court notes the lease provision may be misleading. For example, the lease agreement does not state that the statutory limitations perio...

Excerpt: ..., where the basic meaning is clear, the responding party must appropriately respond. (See Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783, superseded by statute on other grounds as stated in Guzman v. General Motors Corp. (1984) 154 Cal.App.3d 438, 444.) To the degree the scope of the inquiry is the maintenance performed at the entire Disneyland park, this may draw fair objections to the relevance and breadth. Presumably, however, the definitions...

Excerpt: ...ivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. Such order shall not be considered to be a determination on the merits of the claim or any defense thereto and shall not be given in evidence or referred to at the trial.” As cited by Defendant, in Jabro v. S...

Excerpt: ..., which “is a comprehensive scheme defining and setting penalties for crimes involving controlled substances.” (Ramirez v. Tulare County Dist. Attorney's Office (2017) 9 Cal.App.5 th 911, 925 (Ramirez).) The purpose of the forfeiture statutes is to remove the tools and profits from those engaged in the illicit drug trade. (Id.) The statutory procedures for forfeiture are set forth in Health & Safety Code sections 11488.4 and 11488.5, which pr...

Excerpt: ...r pro hac vice as counsel for Defendants Toyota Motor Sales, U.S.A., Inc., Toyota Motor Manufacturing Kentucky, Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc. and Tustin Toyota is GRANTED. II. Motions to Quash Plaintiffs move to quash eight subpoenas. The subpoenas are directed to four companies: Bunim-Murray Productions, Inc.; MTV Networks Enterprises, Inc.; Viacom International Studios, Inc. and W G...

Excerpt: ...alleges that on 3/24/18, he was using the restroom at TJ Maxx in Tustin when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, identifying Doe 1 as Kellermeyer Bergensons Services, LLC. On 8/8/19, Kellermeyer Bergensons Services, Inc. (KBS) filed an answer to complaint. On ...

Excerpt: ...ishi,” dated 3-30-13. (See Balladares Decl. at Ex. A [RISC].) A nonsignatory seeking to enforce an arbitration agreement bears the burden to establish standing to enforce the agreement. (Jones v. Jacobson (2011) 195 Cal.App.4th 1, 15.) Defendant has failed to meet this burden. First, contrary to defendant's contentions, Plaintiff did not expressly agree to arbitrate her claims against Defendant. The arbitration agreement explicitly requires onl...

Excerpt: ...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 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) 101 Cal.App.4th 1395, 1404-05.) A de...

Excerpt: ... actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (See also Murillo v. Fleetwood Enterprises, Inc. (1998) 17 Cal.4th 985, 990 [same].) In Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 35-36 (internal quotation marks omitted), the appellate court described Section 1794(d): The plain wording of section 1794, subdivision (...

Excerpt: ...omplete 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 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) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this initial burden, the plaintiff need not o...

Excerpt: ...ion for Negligent Supervision of Construction fails to establish facts sufficient to constitute a cause of action against Defendants. The claim is without legal merit. 4. That Plaintiffs are not entitled to any judgment against Defendant Mario Crivello, individually Facts/Overview: This is a construction defect action arising from work done by defendants on plaintiffs' residence between December 2016 and June 2017. Plaintiffs claim the work was d...

Excerpt: ... Facts/Overview: This is a personal injury action involving a fall from an access door. Plaintiff was a student at Chapman University attending a mandatory concert on campus on 4/23/16. Her then boyfriend, defendant Adam Joseph Greenlow, convinced plaintiff to join him on the roof of the concert hall (Musco Center For The Arts) to drink some beer, which they accessed via a trap door. After they accessed the roof, the door closed and locked, leavi...

Excerpt: ...ary 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 pleaded several theories, the defendant has ...

Excerpt: ...policy limits. The original complaint was filed on 04/15/19, and the operative verified First Amended Complaint was filed on 04/17/19 by Plaintiffs Exir Co., Inc. and Abraham Mourshaki against Defendant Mid-Century Insurance Company. The FAC alleges Causes of Action for: (1) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (2)-(5) Insurance Bad Faith. Following an unsuccessful demurrer, Defendant answered the FAC on 11/14/19. Se...

Excerpt: ... granted Plaintiff leave to file an additional 7 pages for the opening brief, providing for 22 pages total. (ROA 301.) In this case, Plaintiff's opening brief here is 32 pages (not 22 pages). California Rules of Court, Rule 3.1113, subdivision (g), provides that an over length brief shall be treated the same as a late filed brief (i.e., the court has discretion not to consider the brief pursuant to CRC 3.1300(d), though if the court refuses to co...

Excerpt: ...fically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. [¶] Where a contract provides for attorney's fees, as set forth...

Excerpt: ...or summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons 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. . . .” Pursuant to Code of Civil Procedure section 437c, subdivision (h), Plaintiff (Banir Ganatra), requests a continuance of this Motion. Pl...