Excerpt: ...ory. C.C.P. § 426.50 provides that “A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross- complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to ...

Excerpt: ...chment is based is one upon which an attachment may be issued; (2) the plaintiff has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Civ. Proc. Code § 484.090(a)(1)-(4).) A court may order the issuance of a writ of attac...

Excerpt: ... if any question of law or fact common to all these persons will arise in the action....” Under this provision, “the action of each plaintiff has been joined in one case, but they remain independent actions.” (Brennan v. Superior Court (1994) 30 Cal.App.4th 454, 461.) “ ‘The code section [section 378] contemplates of course an action single in form, but with each “case” or demand retaining its distinctive identity as though pleaded ...

Excerpt: ...laims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. A prevailing party must file and serve a memorandum of costs 15 days after receiving notice of entry of dismissal, eve...

Excerpt: ...x returns and truthful reporting of income, and thus to facilitate tax collection.” (Weingarten v. Super. Ct. (2002) 102 Cal.App.4th 268, 274.) The privilege protects personal and corporate tax returns alike. (Schnabel v. Super. Ct. (1993) 5 Cal.4th 704, 720-721; Deary v. Super. Ct. (2001) 87 Cal.App.4th 1072, 1078; see Rifkind v. Super. Ct. (1981) 123 Cal.App.3d 1045, 1048-1049, disapproved on other grounds by Schnabel, supra, 5 Cal.4th at p. ...

Excerpt: ... 5 (the ‘Nutritional Supplement Products').” Defendant responded: No. Defendant received nonconforming conforming goods, i.e., improperly manufactured gummy bears that were not consistent with defendant's existing product. Plaintiff delivered nonconforming gummy bears that were too hard, smelled bad, and tasted bad and as such were unsaleable. Defendant attempted to return the goods but plaintiff refused to accept them. Plaintiff contends thi...

Excerpt: ... has refused to arbitrate. (Code Civ. Proc., § 1281.2; Mansouri v. Sup. Ct. (Fleur Du Lac Estates Ass'n) (2010) 181 Cal.App.4th 633, 640-641.) Code of Civil Procedure section 1281.2 requires the court to order arbitration pursuant to a written agreement to arbitrate unless the court determines (1) the right to compel arbitration has been waived by the party seeking to compel arbitration, (2) grounds exist for the revocation of the agreement to a...

Excerpt: ...f's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. (Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna...

Excerpt: ...ut not contentions, deductions or conclusions of fact or law.” The court “also consider matters that may be judicially noticed.” (Association for Los Angeles Deputy Sheriffs v. County of Los Angeles (2021) 60 Cal.App.5th 327, 274 Cal.Rptr.3d 493, 498.) On Demurrer, Plaintiff are not required to prove the allegations. A demurrer admits “all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (...

Excerpt: ...1) the claim is one on which an attachment order may be issued; (2) the probable validity of the claim; and (3) that the attachment is not sought for any other purpose than to secure recovery on the claim. Evidence proffered in support of, or in opposition to, an application for an RTAO must be set forth with particularity, admissible, competent, and under oath by declarants with personal knowledge of the facts proffered. (Code Civ. Proc., §§ 4...

Excerpt: ... The department, in consultation with the California Department of Tax and Fee Administration, shall create an electronic database containing the electronic shipping manifests to facilitate the administration of the track and trace program …” Demurrer to First Amended Petition: Respondent may demur to the Petition for Writ of Mandate to test its legal sufficiency. (SJJC Aviation Services, LLC v. City of San Jose (2017) 12 Cal.App.5th 1043, 10...

Excerpt: ...rported operative pleading, a reference to the FAC's number on the Register of Actions (ROA), or the relevant procedural history from which the court can determine whether the parties' reference to the purported FAC is in error, or if not, when the purported FAC was filed and served. Plaintiff Peng to give notice. Motion 2: Motion for Protective Order. Moving Party Plaintiff/Defendant Hui Peng. Responding Party None. Ruling 2: The Motion by for P...

Excerpt: ...er evidence at the hearing.” (Code Civ. Proc., § 877.6(b).) The statutory requirement of “good faith” presents an issue of fact, and a finding of good faith must therefore be supported by substantial evidence. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1263-1265.) If, in a contested case, “‘there is no substantial evidence to support a critical assumption as to the nature and extent of a settling defendant's l...

Excerpt: ...ving to deem No. 17 admitted. Plaintiff only served an objection. Code Civ. Proc., § 2033.240 (a) provide that “The party to whom the requests for admission are directed shall sign the response under oath, unless the response contains only objections.” (Emphasis added). “There is absolutely no reason to require a party to verify an objection.” Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657. The fact that ...

Excerpt: ...he Court issued an Order granting Defendants' unopposed motions to compel responses to the first set of form interrogatories, special interrogatories and request for production of documents. (ROA No. 61.) Plaintiff appears to have complied with the Court's order to serve responses. On May 26, 2021, Defendants filed a motion to compel Plaintiff's deposition. Only after the motion to compel deposition was served, Plaintiff's counsel indicated Plain...

Excerpt: ...adings, the court must accept as true all material facts alleged in the challenged pleading. (Hardy v. America's Best Home Loans (2014) 232 Cal.App.4th 795, 802; Bettencourt v. Hennessy Indus., Inc. (2012) 205 Cal.App.4th 1103, 1111.) According to the operative complaint, all defendants are co-beneficiaries of the family trust, which holds title to several properties, including the subject property located at 6573 Mount Ripley Dr., Buena Park, Ca...

Excerpt: ... to amend. (Code Civ. Proc., 430.10.) First Cause of Action (Breach of Contract). The demurrer to the First Cause of Action is sustained with leave to amend. The elements of a cause of action for breach of contract are: (i) existence of the contract; (ii) Plaintiff's performance or excuse for nonperformance; (iii) Defendant's breach; and (iv) damage to plaintiff resulting therefrom. (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811.) Absen...

Excerpt: ...e plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others” and “[o]ppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” Civil Code section 3295(a)(1) and (c) preclude a plaintiff from conducting pretrial discovery to obtain evidence of financial condition to support a puniti...

Excerpt: ...er is sustained or a motion for judgment on the pleadings is granted as to the original complaint, denial of leave to amend constitutes an abuse of discretion if the pleading does not show on its face that it is incapable of amendment.” Virginia G. v. ABC Unified School Dist. (1993) 15 Cal.App.4th 1848, 1852. Factual Allegations: In the Cross-Complaint, Miguel Chavez alleged that he loaned $60,000.00 to Cross-Defendants. The agreement was that ...

Excerpt: ...e. (People v. Lim (1941) 18 Cal. 2d 872, 883.) “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Maly's of California, Inc. (1993) 14 Cal. App. 4 th 612, 616.) Errors and confusion created by “the inept pleader” are to be forgiven if the pleading contains sufficient facts entitling plaintiff to relief....

Excerpt: ...ressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the amount of the secured indebtedness or was excused from tendering.” (Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1...

Excerpt: ...) 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, 1404-05.) First, Second, Eighth and Tenth Causes of Action for Disability Discrimination, Retaliation, Violation of CFRA, and Wrongful Termination The California Supreme Court has held that “[r]equiring a ...

Excerpt: ...he party contesting them to show that they were not reasonable or necessary. (Foothill-De Anza Comm. College Dist. v. Emerich (2007) 158 Cal.App.4 th 11, 29; Wagner Farms, Inc. v. Modesto Irrigation Dist. (2006) 145 Cal.App.4 th 765, 773- 74.) The party challenging costs does not meet this burden by arguing that the costs were not necessary or reasonable, but must present evidence and prove that the costs are not recoverable. (Seever v. Copley Pr...

Excerpt: ...10.) “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove . . . the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413, [internal quotes omitted]; see Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.) The burden is generally on the plaintiff to demonstrate by a preponderance of the evidence that all juris...

Excerpt: ...ed admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thi...