Excerpt: ...ive defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (2) A motion for summary adjudication may be made...

Excerpt: ...enges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The issue is the sufficiency of the pleading, not the truth of the 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 ...

Excerpt: .... [Citation.) We also consider matters which may be judicially noticed.' [Citation.) Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Blank v. Kirwan (1985) 39 cal. 3d 311, 318.) "Erroneous or confusing labels attached by the inept pleader are to be ignored if the complaint pleads facts which would entitle the plaintiff to relief...[the court's] task is to determine whether the pl...

Excerpt: ...neglect.” (Civ. Proc. Code, § 473, subd. (b), emphasis added.) “As a general rule, [ ] the negligence of an attorney is imputed to the client. [Citation.] [¶] California courts recognize an exception to this rule in those cases ‘where the attorney's neglect is of that extreme degree amounting to positive misconduct, and the person seeking relief is relatively free from negligence.' [Citation.] This exception is premised on the concept suc...

Excerpt: ... for Production On a motion to compel further RFP, the moving party must “set forth specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310, subd. (b)(1).) “[A]bsent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact-specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal....

Excerpt: ...allocating burdens of proof and producing evidence, which is used in California for disparate-treatment cases under FEHA, the employee must first present a prima facie case of discrimination. The burden then shifts to the employer to produce evidence of a nondiscriminatory reason for the adverse action. At that point, the burden shifts back to the employee to show that the employer's stated reason was in fact a pretext for a discriminatory act. T...

Excerpt: ...d plaintiff. Defendants demur generally to the third cause of action for conversion. Special demurrer. Defendants contend that plaintiff's wife, Stephanie McCain, is an indispensable party who must be named as a party. The rules regarding joinder of parties is found in Code of Civil Procedure section 389. Pinto Lake MHP LLC v. County of Santa Cruz (2020) 56 Cal.App.5th 1006, 1013. Subdivision (a) of section 389 defines persons who should be joine...

Excerpt: ...esentations were tendered,'” “it is harder to apply this rule to a case of simple nondisclosure.” (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4 th 1356, 1384). “One of the purposes of the specificity requirement is ‘notice to the defendant, to furnish the defendant with certain definite charges which can be intelligently met.'” (Id.). “Less specificity should be required of fraud claims ...

Excerpt: ...rd cause of action on the ground of uncertainty. Despite the simplicity and brevity of the complaint, defendants make several arguments in support of the demurrer, and ask for judicial notice of 10 documents and 30 facts that they contend can be gleaned from those documents and other public sources. The complaint is based on defendants' representation of plaintiff and her former husband in the defense of a federal trademark infringement action. (...

Excerpt: ...plaint (“FAC”), 1st through 3rd and 7th causes of action for breach of written contract, breach of oral contract, breach of implied contract and violation of the Uniform Trade Secrets Act. The 1st Cause of Action for Breach of Written Contract. Defendants DIN and ENTEZAM demur to the 1st cause of action for breach of written contract on the grounds it is uncertain, ambiguous and unintelligible because the FAC alleges the existence of several ...

Excerpt: ...emurrer to the 4 th cause of action by Plaintiff Hang is OVERRULED, by Plaintiff Bao is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the 6 th cause of action for breach of written contract is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the 7 th and 8 th causes of action for common count – money had and received is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the 10 th cause of action for unfair business practices is SUSTAINED WI...

Excerpt: ...on is necessarily barred. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232.) Here, although the FAC asserts that “the claim” was “unilaterally closed in December of 2018,” it also alleges that Plaintiffs thereafter were requesting additional payments within policy limits for costs incurred for necessary code upgrades, repair costs under their additional replacement cost coverage, and their living expenses incurred during the repair of their ho...

Excerpt: ...st Lal's candidacy for incompatible offices enforced an important right affecting a public interest. The action conferred a significant benefit on the general public. The most significant area of disagreement between the parties is whether Reddish met his litigation objective. Respondent Lal correctly says that the relief sought by the Petition was to remove him as a candidate from the City of Anaheim City Council ballot and that the Court did no...

Excerpt: ...l have the right to designate as “Confidential” any Documents, Testimony or Information that the Designating Party in good faith believes to contain non-public information that is entitled to confidential treatment under applicable law.” (SPO ¶ 2.) The Designating Party shall have the burden on any Designation Motion of establishing the applicability of its “Confidential” designation. (SPO ¶ 6.) Here, the parties followed the proper p...

Excerpt: ...ymphony Risk Solutions Insurance Services, Inc. Fka Maroevich, O'shea & Coghlan Insurance Services (“MOC”) is GRANTED. At issue here are a set of emails which contain or attach an email communication by Attorney Catherine Johnson to Jordan Ritter, Essex's then general counsel, and Lily Myint, an Essex employee (the “Johnson Email”), and email communications attaching the Johnson Email between Myint and Paul Perlite, an employee of insuran...

Excerpt: ... 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. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky v. Grant (1992) 6 Cal.App.4th 1...

Excerpt: ...e Court will exercise its discretion and consider the untimely opposition. Under C.C.P. § 1987.1(a), in response to a motion to quash subpoena, the court may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. Defendant argues that the materials at issue are irrelevant, overbroad and improperly seek to invade her financ...

Excerpt: ...§ 128.5 and the Client Agreement (“Agreement”) that parties entered into for COCO to collect any judgment awarded in this action. (ROA #269.) The court found Plaintiffs had filed three ex parte applications and two combined noticed motions that required COCO to oppose. (Id.) The court awarded $5,123 in attorney fees and costs associated with those oppositions. Since the 04/12/22 ruling, Plaintiffs have filed a combined 11 motions and ex part...

Excerpt: ...bits A through E, F and I and DENIED as to Exhibit J. Plaintiff's objections to Bean's RJN are DENIED as to Exhibits A through E, F and I and GRANTED as to Exhibit J. JBT's RJN of Exhibits A through D is GRANTED. Plaintiff's objections to JBT's RJN are DENIED as to Exhibits A through D. The court takes notice of the existence of the court records but not the truth of the matters therein. (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal...

Excerpt: ... owner and his father, the defendant, owns the remaining 90%. Defendants demur to the causes of action for Breach of Contract, Breach of Fiduciary Duty, Fraud, Conversion, Dissolution and Injunctive Relief. 1 st Cause of Action for Breach Of Contract “To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's...

Excerpt: ...2”); (3) as to Plaintiff, to provide further responses to some of WRG's Form Interrogatories (“FROGs”), Set Two (“Motion 3”); (4) as to GGO, to provide further responses to some of WRG's FROGs, Set One (Motion 4”); and (5) as to Plaintiff, to provide further responses to some of WRG's Requests for Production (“RFPs”), Set Two (“Motion 5”). Each of the Motions is GRANTED IN PART. As a preliminary matter, all of the motions here...

Excerpt: ...ng party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.” Food Safety Net Services v. Eco Safe Systems USA, Inc. (2012) 209 Cal.App.4th 1118, 1124. “There is no obligation on the opposing party … to establish anything by affidavit unless and until the moving party has by affidavit stated facts establishing every element … necessary to sustain a judg...

Excerpt: ... the complaint and states that CCP §430.40 makes this a mandatory requirement. CCP §430.40 states: “(a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross- complaint, demur to the complaint or cross-complaint.” CCP §435(b)(1) states in part: “Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or ...

Excerpt: ... objections were waived because responses were not timely served. Jaguar's counsel states in his declaration that he spoke with plaintiff's counsel on May 20, 2022 and was given a verbal extension to provide responses up through May 27, 2022. However, Jaguar does not attach a written agreement regarding the extension and does not state that a written agreement exists. CCP §2030.300(c) states that discovery responses can be served “on or before...

Excerpt: ...aterial fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact.” (Civ...