Excerpt: ...ond, the Motion did not include a declaration detailing which records the subpoena was seeking or any attempt to meet and confer between Plaintiff and Defendants. Third, the motion did not include a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should not be compelled. (See Cal. Rules of Ct., Rule 3.1345(a)(5).) An Amended Motion to Quash was subsequently filed on 5/...

Excerpt: ...ting to accounts held by Igor Reverditto. Because Plaintiff fails to allege any cause of action against Defendant, Defendant cannot reasonably be compelled to respond to the pleading. Civ. Proc. Code § 430.10 (e) and (f). Accordingly, the Demurrer is sustained. Because this is the first challenge to the legal sufficiency of Plaintiff's Complaint, leave to amend will be granted. Defendant to give notice. ...

Excerpt: ...layed accrual of a cause of action, a plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rule must specifically plead facts to show (1) the time and manner of discovery and (2) the inability to have made earlier discovery despite reasonable diligence. . . . [C]onclusory allegations will not withstand demurrer.” (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, 808.) Once prope...

Excerpt: ... percent (1%) of the full cash value of such property.... [¶] (b) The limitation provided for in subdivision (a) shall not apply to ad valorem taxes or special assessments to pay the interest and redemption charges on any indebtedness approved by the voters prior to the time this section becomes effective.” In Pacific Southwest Realty Co. v. County of Los Angeles(1991) 1 Cal.4th 155, the California Supreme Court described Proposition 13 and it...

Excerpt: ...ent (1%) of the full cash value of such property.... [¶] (b) The limitation provided for in subdivision (a) shall not apply to ad valorem taxes or special assessments to pay the interest and redemption charges on any indebtedness approved by the voters prior to the time this section becomes effective.” In Pacific Southwest Realty Co. v. County of Los Angeles(1991) 1 Cal.4th 155, the California Supreme Court described Proposition 13 and its rel...

Excerpt: ...ruth of the facts alleged. (See Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or are proper subjects of judicial notice. (Hall v. Great W. Bank (1991) 231 Cal.App.3d 713, 718 n.7.) First Cause of Action (ADA...

Excerpt: ...n the alternative, a motion for summary adjudication may make reference to and depend on the same evidence submitted in support of the summary judgment motion. If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the sepa...

Excerpt: ...he indemnitor; and (2) resulting damages to the indemnitee for which the indemnitor is contractually or equitably responsible. (Expressions at Rancho Niguel Ass'n v. Ahmanson Developments, Inc. (2001) 86 Cal.App.4th 1135.) Here, the FACC fails to plead any facts to support any fault on the part of Cross-Defendant. Cross-Defendant's demurrer to the third cause of action for Declaratory Relief is overruled. The elements of a cause of action for dec...

Excerpt: ...cial security number to guarantee a lease with Plaintiff. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” The law favors a trial on the merits, and doubts in applying Code Civ. Proc. § 473 are resolved in favor of the party seeking relief from default. Iott v. Franklin (1988) 206 Cal....

Excerpt: .... A); (2) this case involves claims covered by that agreement (see Monson Decl. ¶ 6, Ex. A; Compl.); and (3) Plaintiff has refused to arbitrate (Shaffer Decl. ¶¶ 13-18). (Code Civ. Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) Further, Defendant attaches the written agreement to arbitrate to the petition. (Cal. Rules of Court, Rule 3.1330.) Plaintiff fails to meet his burden to prove by a preponderance of eviden...

Excerpt: ...§§ 2025.420(h), 2030.090(b), 2031.060(b), and 2033.080(b).) “The burden is on the party seeking the protective order to show good cause” for the order sought. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255, citing Goodman v. Citizens Life and Casualty Insurance Company (1967) 253 Cal.App.2d 807, 819.) To establish good cause, the moving party must provide “a factual exposition of a reasonable ground for the sought order.�...

Excerpt: ...within 60 days after the filing of the Notice of Intent. Green v. Laibco, LLC (2011) 192 Cal.App.4 th 441, 447. Objections to Evidence: Plaintiff objected to Defendant's Affidavit in Support of Motion for New Trial. Nos. 1 to 4: Overruled. No. 5: Sustained. Defendant failed to show that these exhibits were offered and/or admitted in evidence at trial. Exhibit 4: Important Memo to Office Staff (9/25/14) and Exhibit 5: E-mail between counsel (2/21/...

Excerpt: ...ce, a demurrer on that ground is proper.'” Vaca v. Wachovia Mortg. Corp.(2011) 198 Cal.App.4th 737, 746. “'A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred. [Citation.] 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.' Stueve B...

Excerpt: ...ties to the dispute did not accept the terms offered for alternative dispute resolution. (3) Preliminary or temporary injunctive relief is necessary.” None of these alternatives occurred. Pursuant to Civ. Code § 5940 (a), the parties could enter into a written stipulation to extend the time to complete the ADR. This option is still open to the parties. Plaintiff HOA failed to satisfy one of three available alternatives in other to gain access ...

Excerpt: ...sed Stephen Sawyer harm. (ROA 647.) The provision at issue states: Except as otherwise provided for in this Agreement, each party releases, holds harmless and indemnifies the other from any and all demands, attorney fees, costs, expenses, liabilities, actions or causes of action of any kind or nature based on, arising out of, or in connection with any matter, fact or thing occurring or accruing before the date of the execution of this Agreement ....

Excerpt: ...ed. “While a demurrer based on statute of limitations lies where the dates in question are shown on the face of the complaint, if those dates are missing, there is no ground for a general demurrer.” United Western Medical Centers v. Superior Court (1996) 42 Cal.App.4th 500, 505. Condition Precedent: In order the statute of limitation to begin to run, the contract provided for certain conditions to have occurred first. Defendant Bradley was to...

Excerpt: ...es that he paid for the performance bond at issue. The court disregards this new allegation as a sham pleading. (McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1491; State ex rel. Metz v. CCC Information Services, Inc. (2007) 149 Cal.App.4th 402, 412.) The remaining allegations do not support a claim for violation of Business and Professions Code Section 17200. The sole allegation of misconduct against defendant Sureties is that D...

Excerpt: ... rather than restricting it to the technical niceties depending upon pleading and procedure.” (Greenspan v. Ladt, LLC. (2010) 185 Cal.App.4th 1413, 1445; see also First Western Bank and Trust Co. v. Bookasta (1968) 267 Cal. App. 2d 910, 915-16 [reversing order sustaining demurrer for purported failure to adequately allege alter ego].) Here, the FAC alleges that Garza is the CEO and President of Horizon and maintains a beneficial and financial i...

Excerpt: ...g any cause of action, it must be alleged as an element of the plaintiff's cause of action. (State of California v. Superior Court (2004) 32 Cal. 4th 1234, 1239-40.) Plaintiff's Complaint does not allege facts demonstrating compliance with the claims presentation requirements. (See Compl., section 9.) A public entity cannot be held liable for common law negligence. (McCarty v. State of California Dept. of Transp. (2008) 164 Cal.App.4th 955, 977.)...

Excerpt: ...irrelevant, false, or improper matter inserted in any pleading.” A motion to strike may be used to strike punitive damages allegations in a complaint lacking factual foundation. (Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) Punitive damages are available in actions “for breach of an obligation not arising from contract.” (See Civ. Code, § 3294(a).) To plead a claim to recover punitive damages, a plaintiff...

Excerpt: ...ses were due on 9/23/17. Plaintiff did not and has not served responses. (McConnell Decl.; ¶¶ 3, 5-5.) As a result, Plaintiff has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well any objections to the interrogatories and requests for production. Plaintiff shall provide responses, without objections, to Special Interrogatories, Set Two; Requests for Production of Documents, Set Two; Supplemental In...

Excerpt: ...r natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. Code Civ. Proc., §§ 2025.420(h), 2030.090(b), 2031.060(b), and 2033.080(b). “The burden is on the party seeking the protective order to show good cause” for the order sought. Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255, citing Goodman v. Citizens Life and Casualty Insurance Company (1967) 253 Cal.App.2d ...

Excerpt: ...requests telephone calls and text messages, and shall produce the subject records to Plaintiff's counsel by April 18, 2018. Plaintiff did not demonstrate the required good cause showing for instant messages, social media postings, or other electronic or social media communications. The records are not to be shown or disclosed to anyone but the litigants and counsel (including agents and employees) and are to be used only for purposes of this liti...

Excerpt: ...laintiffs did not meet their burden of showing why an enhancement is appropriate. Ketchum v. Moses (2001) 24 Cal.4th 1122, 1138. See also, Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 822. On its face, this case does not appear to be unusual in its complexity. Nor does it appear any enhancement is due for risk of loss or delay in payment as these factors have already been included in consideration of the ...

Excerpt: ...ter or claim being released hereunder, then the moving party shall pay all reasonable attorney's fees and costs of the other party to defense such action” (emphasis added). The court finds that the terms “endorse” and “action,” identified above in boldface, may be ambiguous as a matter of law. (Civ. Code, § 1638.) At least ten (10) court days before the continued hearing, Defendant Stephen D. Sawyer shall file a supplemental brief of n...