Excerpt: ...er Directing the Clerk to Enter Renewal of Judgment Judgment Creditor asks the court for a nunc pro tunc order renewing the Judgement, originally entered on 8/9/10, pursuant to the renewal application submitted on 10/15/20, which was rejected by the Clerk on or about 11/4/20. Judgment Creditor argues that Governor Gavin Newsom issued Executive Order N-33-20 (the “Stay at Home Order”) on March 19, 2020 which prompted the total and complete cou...

Excerpt: ...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. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky v. Grant (1992) 6 Cal.App.4th 1746, 1749. “In our examination of the co...

Excerpt: ...ing signed by the parties outside court. (CCP § 664.6.) As with any contract, the settlement agreement requires mutual consent: “The existence of mutual consent is determined by objective rather than subjective criteria, the test being what the outward manifestations of consent would lead a reasonable person to believe.” (Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 811, internal quotes omitted.) Moreover, to be binding, ...

Excerpt: ...f the Keefe Family 2006 Trust are GRANTED as to Trilogy, the Langenwalter Family Revocable Living Trust, and the Keefe Family 2006 Trust and CONTINUED to March 25, 2021 as to David E. Keefe, individually and Richard D. Langenwalter, individually. The remedy of attachment is wholly statutory, its scope and procedure are limited by the statutes, and these statutes are strictly construed., i.e. unless specifically provided for by the attachment law,...

Excerpt: ...ring on the face of the pleading or from other matters properly subject to judicial notice. (See 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, 1404-1405.) The general and special demurrers to the Third Cause of ...

Excerpt: ...ntiffs have failed to plead their claims for fraud and negligent misrepresentation with the requisite particularity. Defendants also contend that Plaintiffs' cause of action for intentional infliction of emotional distress (“IIED”) fails because: (1) Plaintiff's purported mental ailments as alleged in the SAC do not rise to the level of “severe emotional distress” necessary to establish an IIED claim; (2) Plaintiffs have failed to plead s...

Excerpt: ...rior Court as Family Law Case No. 18D006202 (the “Divorce Case”). (See Complaint, ¶¶ 1- 4.) Plaintiff's Complaint alleges that during their representation of Ms. Krafve, Defendants hired a paralegal, Bernadette Ratti (“Ms. Ratti”) who was previously employed by Plaintiff's counsel and who had substantively worked on Plaintiff's case and obtained confidential information regarding Plaintiff's position(s) in connection therewith. Plaintif...

Excerpt: .... By way of her opposition to the demurrer, Plaintiff asserts that she will amend her 1st through 7th causes of action with respect to individual defendants and will amend her 8th cause of action with respect to entity defendants. Plaintiff also asserts that she will amend her 15th cause of action by way of eliminating the negligent training allegation therein. Plaintiff further asserts that she will “delete” her 10th, 13th, 14th, 16th, and 1...

Excerpt: ...E contends that she is entitled to partition of the real property known as 223 E. Avenida Ramona, San Clemente, CA 92672 (APN 690-431-25) “Property”) because it is undisputed that PRICE, on the one hand, and Plaintiffs Marion Bendix Creasman (“CREASMAN”) and David Barker (“BARKER”) (collectively “Plaintiffs”), on the other hand, jointly own an undivided 50% interest in the Property, as tenants in common. Request for Judicial Notic...

Excerpt: ...lement agreement”, to avoid use of limited Court time and resources. As to the Settlement 1. There is no proof of service of this Motion on the LWDA. Confirm whether the LWDA was provided notice of this Motion. Any supplemental brief and/or amendments made pursuant to this Order should also be filed with LWDA along with notice of the continued hearing date, with a proof of service submitted to the Court. 2. The definition of “Released Parties...

Excerpt: ... deposition dates for several individuals and have agreed on three dates in March. CCP § 437(h) reads: “If it appears from the affidavits submitted in opposition to a motion for 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 mak...

Excerpt: ...or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Here, Defendant, Silviano Vergara Vences, contends that both cases share common questions of law and fact, in that both actions arise out of the same three-car motor vehic...

Excerpt: ...ause of Action for Negligence, and Fifth Cause of Action for Unfair Business Practices, Violation of Bus. & Prof. Code § 17200, et seq. of Plaintiff Salvador Ojeda's Complaint for failure to state facts sufficient to constitute causes of action under Code of Civil Procedure section 430.10(e). The Complaint alleges causes of action based on violations of the Homeowners' Bill of Rights (“HBOR”), negligence, and Violation of Business & Professi...

Excerpt: ...e Corporation, The Ryan Firm, and Timothy T. Ryan, for: (1) violation of usury law; (2) professional negligence; (3) declaratory relief; (4) intentional interference with prospective economic advantage; (5) breach of the implied covenant of good faith and fair dealing; (6) fraud/deceit; (7) negligent misrepresentation; (8) negligence; (9) violation of CC §§ 2924 and 2924f; (10) civil conspiracy; (11) slander of title; (12) IIED; (13) accounting...

Excerpt: ...ns. Second cause of action for fraud The statute of limitations defense may be asserted by general demurrer if the complaint shows on its face that the statute bars the action. Mitchell v. State Dept. of Public Health (2016) 1 Cal.App.5th 1000, 1007. However, “the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred.” Id.; see, Marshall v. Gib...

Excerpt: ...dants converted personal property and misappropriated trade secret information. A Mandatory Settlement Conference is scheduled for 1/21/22, and trial is set on 2/28/22. Analysis: PLEASE NOTE: The complaint alleges acts, commonly known as “birth tourism,” which could constitute violations of 18 U.S.C. § 1001, 18 U.S.C. § 371, and possibly other penal statutes. The Court invites the parties to address at the hearing whether or not this case s...

Excerpt: ...end they hired NCEC, a general contractor, to, among other things, demolish and install new floor tile, install baseboards, perform deck waterproofing, and perform several other repairs or actions. In exchange, Plaintiffs would pay NCEC over $100,000. Plaintiffs later discovered the decking waterproofing was not completed in the manner agreed upon and some of the work was not completed at all. The complaint consists of the following causes of act...

Excerpt: ...7-1538 (A court may properly exercise its discretion to consider new evidence on reply that filled in gaps in the evidence created by the opposition); Alliant Ins. Services, Inc. v. Gaddy (2008) 159 Cal.App.4th 1292, 1308 (“[T]rial court had discretion whether to accept new evidence with the reply papers.”). Defendant/Cross-Complainant Azzur of CA, LLC (“Azzur of CA”) and defendant Azzur Group, LLC (“Azzur Group”) (collectively, “De...

Excerpt: ...to care for at a given residence. Plaintiff was not provided mandated rest breaks and was not given reasonable accommodations for sleeping while not working. On 08/14/19, Plaintiff complained to Family First about the unlawful working conditions, failure to provide required rest and meal periods, and failure to pay minimum wage. Defendant retaliated against plaintiff by removing her from the work schedule. Defendant Family First terminated Plaint...

Excerpt: ...cts/Overview: This is a judicial foreclosure action. The various Defendants own and operate a total of 18 properties located primarily in Laguna Peach, but also include parcels located in Los Angeles, and Redlands. The properties are improved with hotels, event spaces (including Laguna Arts Festival grounds), office, mixed use, apartments, condominium units, and land for future development. The 18 properties are comprised of two multifamily struc...

Excerpt: ... County of Orange (dismissed on 11/12/19) for: (1) wrongful death [three counts] and dangerous condition of public property. The complaint alleges that Sylvia Mehl [“Decedent”] was struck and killed in a crosswalk in Lake Forest by a vehicle owned by defendant Romos Transport, Inc. and driven by defendant Cordero-Garcia. Plaintiffs allege that defendants Baldwin & Sons, Inc. and Landsea Homes of California, Inc. operated a construction site i...

Excerpt: ...er inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. Injunctive relief Health and Safety Code, section 1430, subdivision (b) provides, in pertinent part, as follows: A current or former resident or patient of a skilled nursing facility, as defined in subdivision (c) of Section 1250, or intermediate care facility, as defined...

Excerpt: ...l. Civ. Proc. Code § 396b. The moving party must overcome the presumption that the plaintiff has selected the proper venue. (Mitchell v. Superior Court (1986) 186 Cal.App.3d 1040, 1046, 231 Cal.Rptr. 176.) Thus, “[i]t is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Ibid.) In opposing the motion to change venue, “[t]he plaintiff may bolster his or her c...

Excerpt: ... Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Liu has not shown that Exhibit C (discovery in this case) is judicially noticeable. This Motion is timely. This Motion takes issue with one allegation in the FAC in the General Allegations section of the pleading, which is generally incorporated into the causes of action: Plaintiff is informed and believes, and thereupon alleges, that defendant Noh then made motion, of which Sam Kim seconded and ...

Excerpt: ...ivil Procedure section 340.5. A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred…In order for the bar…to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred.” (Committee for Green Foothills v. Santa Clara County Board of Supervisors (2010) 48 Cal.4 th 32, 42....