Excerpt: ...based upon Civ. Proc. Code § 430.10(e) is overruled. A demurrer challenges 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. ...

Excerpt: ...e multiple procedural defects with the pleadings in this matter. First, although Plaintiffs' pleading is titled a “demurrer,” no actual demurrer was filed, which is in violation of CA ST CIVIL RULES Rule 3.1320 and Civ. Proc. Code § 430.60. Plaintiffs' Notice contains the incorrect time, date, and location (in Dept. 38 of Los Angeles County Superior Court) of the hearing in the body of the Notice, but has the correct department (N17) in the ...

Excerpt: ...Mark D. Homes (“Defendant”) to be appropriate throughout the course of this matter. First, the court ordered the parties to arbitration on 10/21/19. ROA #20. Despite that order, it was represented that parties had agreed to first proceed with mediation. Plaintiff did not appear at three of the four ADR status conferences, did not appear at or oppose the motion to compel arbitration, and never notified the court of any potential issues pertain...

Excerpt: ...irst cause of action alleges that defendant breached the CC&Rs by failing to provide security to its members and residents, including plaintiff. (Complaint, ¶ 13.) It alleges that the CC&Rs require defendant “to provide security to its members and residents, including [plaintiffs], by virtue of the security guards, guard gate guard gate structure, and the surrounding 8-foot-high perimeter walls as described in the CC&Rs, and particularly secti...

Excerpt: ...29 Cal.App.4th at p. 276. The test is whether lack of jurisdiction is clear or virtually unattainable. Id. at p. 277. This standard involves an evaluation of the amount fairly in controversy, not an adjudication of the merits of the claim, and requires a high level of certainty that the damage award will not exceed $25,000. Ibid. A court must deny a motion to reclassify the case as limited and keep the matter in the unlimited civil court unless i...

Excerpt: ...nting a discovery referee for future discovery disputes. Ford's Discovery Verifications Plaintiff contends that Ford's Verifications of its discovery responses are inadequate because Ford has not “sworn to the truth of the response under oath.” Ford counters that because it is a corporation, no one person has knowledge of all of the responses to plaintiff's discovery and that its Verification “is substantively identical to” that suggested...

Excerpt: ...him from important team meetings where his position was required to be present. He reported these acts to Human Resources which failed to investigate. In 2/12/2020, plaintiff suffered some type of accident on the job, which is not disclosed in the complaint, following which MPS failed to provide requested time off and accommodations. On May 11, 2020, he attended a meeting with Human Resources where he was accused of not being injured despite prod...

Excerpt: ...ve, and to reject or execute, requests from abroad for service on its citizens.  Alternatively, Article 8 permits service to be effected through diplomatic or consular agents of the country in which the process originated, unless the country in which the service is to be made has declared its opposition to such service on persons other than nationals of the originating country.  Or, under Article 9, the papers may be forwarded through consu...

Excerpt: ...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 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. Sh...

Excerpt: ...v. Lockheed Martin Corp. (2000) 82 Cal.App.4th 592, “a Plaintiff is required…to set forth the essential facts of his case with reasonable precision and with particularity sufficient to acquaint a Defendant with the nature, source and extent of his cause of action.” (Id. at 608.) When the complaint names two or more defendants, the sufficiency of the complaint against one defendant does not immunize the plaintiff against another defendant's ...

Excerpt: ... identify any provision of the Master Sales Agreement (“MSA”) that was breached. The MSA is not attached to the TACC; however, a copy of the MSA (the one page that Higgins alleges was shown to him upon signing) is attached to the Second Amended Cross Complaint (“SACC”) as Exhibit 1. (SACC [ROA 196] ¶ 15, Ex. 1.) The Court takes judicial notice of the attachments to the SACC, on its own motion, pursuant to Evidence Code §452(d). The MSA ...

Excerpt: ...tice.). CCP §425.16(c)(1) provides that a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's fees and costs. The trial court must first determine if the defendant would have prevailed on the special motion to strike before awarding such fees. (Tourgeman v. Nelson & Kennard (2014) 222 Cal.App.4th 1447, 1457) Anti-SLAPP Motion – Prong 1 Unlike general motions to strike, there is no requirement that a...

Excerpt: ...al employee, on August 11, 2018. (SSUF No. 1). This date is more than a year prior to the initiation of this action, on October 17, 2019. Notably, while Plaintiff indicates he did not become of aware of his injury and its negligent cause, until April 15, 2019, he does not dispute that a reasonable person under the circumstances would have been on inquiry notice, prior to this date. (Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1110-1111). Inst...

Excerpt: ...e deposition subpoena stating Saghafi was scheduling deposition for September, indicating Saghafi was willing to sit for a deposition, but Defendant was not willing to work on reserving a mutually agreed upon deposition date. Although at the time the motion was filed trial was in early September, on 08/25/21, trial was continued to the present date of 03/14/22. This would have given Defendant almost six-months to work on rescheduling Saghafi's de...

Excerpt: ...defense as to any cause of action…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.” [CCP §437c(f)(1)] “A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if tha...

Excerpt: ...d and enforceable, unless they are revocable for reasons under state law that would render any contract revocable. [Citations.] Reasons that would render any contract revocable under state law include fraud, duress, and unconscionability.” Tiri v. Lucky Chances, Inc. (2014) 226 Cal. App. 4th 231, 239. Defendants have put forth evidence that a valid and enforceable written arbitration agreement exists within the signed contract (“Contract”) ...

Excerpt: ... on the grounds that plaintiff noticed the deposition to harass, oppress and cause undue burden and expense to APF and Shapiro. Code of Civil Procedure, §2025.420(b) authorizes the court, for good cause shown, to make any order that justice requires to protect any party or deponent from unwarranted annoyance, embarrassment or oppression or undue burden and expense. The court shall limit the scope of discovery if it determines that the burden, ex...

Excerpt: ...t's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850, as modified (July 11, 2001). “The motion for summary judgment ...

Excerpt: ...g the management of the company, acquiring the controlling shares to do so, and placing the defendant Margaretis into the role of operating the company. In early 2019, there was also a joint interest of the clients to stave off alleged holders of convertible notes who were seeking to gain a foothold into the company as shareholders. (See Plff's Dec ¶ 6, Obeid Dec. ¶ 4; Opp. Obeid Dec. at exhibits 1 to 3; Def. Suppl. Reply at exhibits A, B at PL...

Excerpt: ... Cal.App.4th 731, 745). Given this Court's October 19, 2020 order granting Motions to Deem Requests Admitted, Defendant Infinity Interests, Inc. has admitted to executing the Lease dated January 11, 2016 as well as the First Amendment to the Lease dated October 24, 2018, which were attached to the Requests for Admission. (See ¶12 of Weinberg Declaration and Exhibit D thereto). Additionally, Defendant Infinity Interests, Inc. has admitted that it...

Excerpt: ... the business Okbingsul. (See ¶13-¶14 and ¶17 of Cross-Complaint). “A promise made without any intention of performing it constitutes fraud.” (Union Flower Market v. Southern Cal. Flower Market (1938) 10 Cal.2d 671, 676). Additionally, pursuant to Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, “the falsity of [a] promise is sufficiently pled with a general allegation the promise was made without intention of performance.” (Id. at 1060)....

Excerpt: ... ¶ 3.) On or about 7/20/20, the Court granted, in part, Plaintiff's motion to compel further SROG responses. (ROA 59.) On or about 9/3/20, Defendant provided supplemental responses to SROGs, Nos. 4-11 and 16-17, which in turn referred to documents produced by Defendant. (Chae Decl., ¶ 11, Ex. 2; C.C.P. § 2030.210.) On or about 9/16/20, the Court granted, in part, Plaintiff's motion to compel further RFP responses. (ROA 74.) On or about 10/21/2...

Excerpt: ...yers, dates of employment, job titles, full or part-time) is protected by a right of privacy. . . [Alch v. Sup.Ct. (Time Warner Entertainment Co.) (2008) 165 CA4th 1412, 1426-1427.” Cal. Prac. Guide Civ. Pro. Before Trial (Rutter Group) 8:307.10. “[D]ocuments and communications [Plaintiff's] personnel, tenure, and promotion files, whether relating only to his initial employment, or also to his ‘promotion, additional compensation, or termina...

Excerpt: ... triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850, as modified (July 11, 2001). “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material ...

Excerpt: ...reliminary matter, the Court finds that Defendant's demurrer does not constitute a motion for reconsideration of Judge Hunt's ruling on Defendant's demurrer to Plaintiff's First Amended Complaint, in which Judge Hunt overruled Defendant's demurrers to the 2 nd and 3 rd causes of action on essentially the same grounds as in Defendant's current demurrer to the 4AC. “[W]hen a plaintiff files an amended pleading in response to an order sustaining a...