Excerpt: ... OVERRULED. Special demurrers based on uncertainty are rarely sustained – only where the complaint is so bad that defendant cannot reasonably respond— i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) However, a demurrer for uncertainty may lie if the failure to label the parties an...

Excerpt: ...ney's 4/11/2022 Declaration in support of Plaintiff's Notice of Lodging (ROA No. 115). The Court did not grant leave to submit any additional evidence other than a readable format of the surveillance video. The Court further notes the declaration did not raise any issue that was not identified by the Court. In addition, the Court notes Defendant submitted a response to Plaintiff's separate statement. No such response is permitted under the Code o...

Excerpt: ...n for breach of contract and fifth cause of action for Unfair Trade Practices. The remainder of the motion for summary adjudication is DENIED. Procedural Issues The Court declines to rule on Plaintiff's evidentiary objections because they are not properly formatted, not accompanied by the requisite proposed order, and are not material to the Court's disposition of the motion. Cal. R. Ct. Rule 3.1354(b)-(c); Code Civ. Proc. § 437c(q). The Court f...

Excerpt: ...or judicial notice is granted except for item 17; for item, 17 the request is denied on relevance grounds. Defendant's objections to the McCovey Declaration are sustained as to paragraph 19; the objections are otherwise overruled. Defendant's objections to the Holmes Declaration overruled. Defendant's objections to the Olsen Declaration are overruled. The Court considered Plaintiff's entire separate statement. Workers' Compensation Exclusivity (I...

Excerpt: ...gement Conference is continued to August 8, 2022 at 9:00 a.m. Plaintiff worked for Defendant as an “in-plant” ink technician. (FAC, ¶13.) He started as a healthy 32-year-old man. (FAC, ¶12.) Over the span of 4 ½ years, Plaintiff worked in a small, stuffy, stifling, unventilated room in which the stagnant air was filled with various noxious smells and suffocating particulate matter from a variety of unusual inks. (FAC, ¶14.) In August 2020...

Excerpt: ...emurring Parties did not serve the reply on cross- defendants Donna Marie Grider (“Grider”) or HOM/Sotheby's International Realty (“HOM”). After a defendant appears, that “defendant or the defendant's attorney is entitled to notice of all subsequent proceedings of which notice is required to be given. Where a defendant has not appeared, service of notice or papers need not be made upon the defendant.” Code Civ. Proc., § 1014. The Cou...

Excerpt: ...re Plaintiff's Applications for Right to Attach Orders/Writs of Attachment as to Defendants William T. Leach and Jennifer Wilson-Leach. The case has already been stayed as to the corporate Defendant, Basic Chiropractic & Leach Rehabilitation Inc. as a result of its bankruptcy filing. (See ROA 48.) At the initial hearing on these Applications on 3/28/22, counsel for Plaintiff represented to the Court that Defendant William T. Leach had filed a ban...

Excerpt: ... unnecessary; the Court can consider motions and papers in the file for this action upon citation to them. Plaintiffs' motion for an order imposing monetary and issue sanctions against Rocamora and her counsel is DENIED. Motion for 128.5 Sanctions against Donovan Code Civ. Proc. §128.5 provides: (a) A trial court may order a party, the party's attorney, or both to pay the reasonable expenses, including attorney's fees, incurred by another party ...

Excerpt: ... cause of action and is therefore not a proper demurring party. Relevant Facts from the Complaint In January of 2021, Plaintiff was hired by J.D. Packaging and she reported to her supervisor Defendant Orozco. (Compl., ¶8) Plaintiff's husband worked for the same company but at a different warehouse. (Id.) Orozco sexually harassed her. Throughout the work day, Orozco would find ways to brush up against Ms. Rodriguez. When he would do so he would t...

Excerpt: ...duty there can be no breach and no negligence.” (Goldberg v. Frye (1990) 217 Cal.App.3d 1258, 1267). The instant Complaint arises from Defendants' alleged representation of Plaintiff's now deceased mother, Marcia Kay Schweitzer. (¶5-¶10 of SAC). An attorney-client relationship is not alleged to have existed between Plaintiff and Defendants. “As a general rule, an attorney has no professional obligation to nonclients and thus cannot be held ...

Excerpt: ...ptcy proceeding (Chapter 7) on 3/13/22. William Leach contends that the case is stayed as to him as well. (ROA 34). The Court finds that it is not. As set forth in the Court's March 23, 2022 Minute Order (ROA#48), the stay is limited to the corporate Defendant. The automatic stay generally protects only the debtor, the debtor's estate and some property of the debtor. It does not prohibit the debtor's creditors from taking actions against nondebto...

Excerpt: ...�[A]ttachment procedures are solely creatures of statute and ... such statutes must be strictly construed.'” (Bank of America v. Salinas Nissan, Inc. (1989) 207 Cal.App.3d 260, 270, citing Arcata Publications Group v. Beverly Hills Publishing Co. (1984) 154 Cal.App.3d 276, 279.) At the hearing on an application for a right to attach order and writ of attachment, the Court “shall consider the showing made by the parties appearing and shall iss...

Excerpt: ...Court take judicial notice of the fact that Petitioner filed petitions for writs of mandate and declaratory relief in the actions listed in the request for judicial notice. The parties do not dispute that, although the petition was dismissed with prejudice, the Court may still hear this motion for fees under Government Code section 6259. (Parrott v. Mooring Townhomes Assn., Inc. (2003) 112 Cal.App.4th 873, 877.) Petitioner requested the name of a...

Excerpt: ...l notice is denied because Plaintiff did not comply with CRC Rule 3.1113(l). Plaintiff's objection number 8 to Herrera's Declaration is sustained. The remainder of Plaintiff's objections to Herrera's Declaration and to Addington's Declaration are overruled. Applicable Law In both summary judgment and summary adjudication proceedings, the pleadings determine the scope of the relevant issues. (Port Medical Wellness, Inc. v. Connecticut General Life...

Excerpt: ...8, 2016, the court signed a stipulation and order to retain jurisdiction pursuant to CCP Section 664.6. (ROA 395). The case was subsequently dismissed on 11/28/16 as to the Radco Defendants. (ROA 398) Plaintiff makes his Motion “based [on] Defendant's (sic) failure to comply with the terms of the Settlement Agreement.” (Notice, p. 2:22-23.) Merits The Court has jurisdiction to hear this Motion because the dismissal of the Radco Defendants wer...

Excerpt: ...vernment Code section 1752 and the common law rule against self- appointments, applicable to the Board, provides that “no person elected or appointed to the governing body of any city, county, or district having an elected governing body, shall be appointed to fill any vacancy on that governing body during the term for which he or she was elected or appointed.” Gov. Code, § 1752. Respondent Orange County Board of Education (the “Board”) ...

Excerpt: ...s 1250 North SD Mezz, LLC, 1250 North Investments, LLC, SD Hotel Investments, LLC (“SDHI”), and Winston Salem RI, LLC (“WSRI”), directly and partly derivatively on behalf of San Diego Hotel Circle Holdings, LLC (“SDHCH”), San Diego Hotel Circle Mezzanine, LLC (“SDHC Mezz”), Winston-Salem Hotel Holdings, LLC (“WSHH”), Winston-Salem Hotel Owner, LLC (“WSHO”), South Bend Hotel Owners, LLC (“SBHO”) (collectively, “Plaint...

Excerpt: ...nd other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. [CRC 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.] Here, both Defendant and Plaintiffs filed entire documents under seal based on a stipulation of the parties. This is improper and does not comply with California Rule of Court 2.550 et seq. The Court reminds the parties that its Order entering the partie...

Excerpt: ...ause shown, may make any order that justice requires to protect any party “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” Code Civ. Proc. § 2025.420(b). Further, under CCP section 2019.030, the court may restrict discovery where it is “unreasonably cumulative or duplicative.” Code Civ. Proc. §2019.030(a)(1). The SPI is an Agency Head Normally Not Subject to Deposition The law recognizes that civi...

Excerpt: ...wo grounds, as set forth below. A. Defendant argues delay and prejudice First, Defendant argues Plaintiff delayed bringing these new claims and that the claims which should have been asserted in the initial Complaint filed over a year ago on 1/19/21. The Court agrees that there was a delay. Plaintiff's counsel testifies his firm learned of the new facts on October 1, 2021, when Ms. Shawna Ragsdale, the Human Resources administrator for Sourceabil...

Excerpt: ...me barred pursuant to Code of Civil Procedure Section 340(c)(2). A claim for defamation is subject to the 1-year statute of limitation set forth in Code of Civil Procedure section 340, subdivision (c). Shively v. Bozanich (2003) 31 Cal.4th 1230, 1246. The single publication rule, which has been codified as Civil Code section 3425.3, “applies to statements published on Internet Web sites.” Traditional Cat Assn., Inc. v. Gilbreath (2004) 118 Ca...

Excerpt: ...) the parties provide no authority to support taking judicial notice of trial exhibits simply because they were admitted in an underlying trial; and (2) in any event, they are not relevant or necessary to the Court's determination of the Motion. Basic Rules for Summary Judgment/Adjudication Under Section 437c of the Code of civil Procedure (“CCP”) a party may move for summary adjudication as to one or more causes of action within an action, o...

Excerpt: ...ause “the discovery seeks information, facts, legal contentions, names of witnesses, and documents that are ‘embraced by' the pending Appeal.” CCP section 916 provides that “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter em...

Excerpt: ... Proc. §§ 284- 285. Phillips, Spallas & Angstadt LLP associated in as counsel of record for the Thompsons in their capacity as defendants, but not as cross-complainants. (ROA 180.) Ertz generally and specially demurs to all five causes of action in the FACC. First, Ertz contends all five causes of action are “ambiguous and vague as to time in light of the alleged settlement agreement” mentioned in the FACC. Ertz argues that all the claims f...

Excerpt: ...otice of Errata” filed by Cross-Complainant (ROA #290) and orders Cross-Complainant to cure the error by filing a Corrected Third Amended Cross-Complaint with the exhibits attached. Other than attaching the missing exhibits, no other change to the Third Amended Cross-Complaint may be made. The Corrected Third Amended Cross-Complaint shall be filed and served within ten days of the date of this order. Demurrer Second Cause and Third Causes of Ac...