Excerpt: ...ained. Should Plaintiffs desire to file an amended complaint that addresses the issues in this ruling, Plaintiffs must file and serve it within 15 days of service of the notice of ruling. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegati...

Excerpt: ...oss-Defendants Robert Salazar, Sherry Greer and Heidi Warner's Demurrer to the Cross- Complaint is SUSTAINED with fifteen (15) days leave to amend as to the First, Second and Sixth Causes of Action. The Demurrer is OVERRULED as to the Fourth and Tenth Causes of Action. First Cause of Action for Breach of Governing Documents & Second Cause of Action for Breach of Contract: The Cross-Complaint alleges that the Association and the former board membe...

Excerpt: ...�any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” (Bus. & Prof. Code § 17200.) California's false advertising law ) Bus. & Prof. Code § 17500) is equally comprehensive within the narrower field of false and misleading advertising. (Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 310, 320.) While the substantive reach of these statutes remains expansive, California's electo...

Excerpt: ...Miller, or Mibs Matthews] from January 2019 to June 5, 2019, RELATING TO NEWPORT CROSSINGS.” A motion to compel further responses must set forth “specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1); see also Glenfed Develop. Corp. v. Super. Ct. (1997) 53 Cal.App.4th 1113, 1117.) To establish “good cause,” the burden is on the moving party to demonstrate both: (1) relevanc...

Excerpt: ...Agreement, which is attached as Exhibit A to the SAC. The Purchase Agreement was executed by Defendant Le and Melinda Nguyen. This Purchase Agreement contains an arbitration provision. The parties do not dispute the applicability of the arbitration provision to this case. Instead, Plaintiff contends Le waived his right to compel arbitration by waiting to file this motion until after Le first filed a Demurrer and Motion to Strike the First Amended...

Excerpt: ...the First Amended Complaint are SUSTAINED with fifteen (15) days leave to amend. Defendants Select Portfolio Servicing & Deutsche Bank's Motion to Strike is moot in light of the rulings on the Demurrers. Requests for Judicial Notice: Pursuant to Evid. Code, § 451 and 452, the court may take judicial notice of certain documents. Defendants' Request for Judicial Notice is granted. Under Evid. Code, § 452 (d), the court may take judicial notice of...

Excerpt: ..., § 428.50(c).) That there is a judicial economy interest in having a single jury trial on the issue of whether the alleged product defect was the cause of Plaintiff's incident is undisputed. Fitness has explained its delay in seeking leave to file the Proposed Cross-Complaint and has provided evidence supporting a finding that Fitness has acted in good faith. (Id.) Brunswick contends that permitting Fitness to file its Proposed Cross-Complaint ...

Excerpt: ...s Bollinger (“Defendant Thomas”) and 03/08/2021 for Defendant Pearl Bollinger. Defendants were not entitled to a 30-day extension of the deadline to file their demurrer, as they failed to file “a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer.” (Code Civ. Proc., § 430.41(a)(2).) A demurrer challenges the defects appear...

Excerpt: ...37; San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 312, as modified (Oct. 9, 2002).) The Complaint asserts causes of action for 1) slander, 2) libel, 3) vicarious liability under Civil Code § 1714.1, and 4) violation of Business & Professions Code § 17200. The conduct at issue in each of the causes of action in the Complaint is a set of comments Defendant Lauren Kettering (Lauren) made about Not a Content Hous...

Excerpt: ...tition, it appears that Cross-Complainant Miguel Chavez lost standing to sue. The doctrines of Judicial Estoppel and Unclean Hands do not apply on a Motion for Judgment on the Pleadings Motion for Judgment on the Pleadings: “In the case of either a demurrer or a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plaintiff can state a good cause of action. . . . Where a demurrer...

Excerpt: ...ty: Plaintiff TML Recovery, LLC Ruling Motion 1: Defendant Northwestern's Demurrer to the Third Amended Complaint is overruled. (Code Civ. Proc., § 430.10(e).) Ruling Motion 2: Defendants The Guardian Life Insurance Company of America, Pacific Advisors, LLC, and Park Avenue Securities, LLC's Demurrer to the Third Amended Complaint is overruled in part and sustained in part. (Code Civ. Proc., § 430.10(e).) Ruling Motion 3: Defendant Boll's Demur...

Excerpt: .... After Dr. Orenstein defaulted on the loan payments, Balboa sued Dr. Orenstein and his company, Sculpt Medical. Sculpt filed for Bankruptcy. Balboa settled with Sculpt for $3,500.00. Dr. Orenstein contends that this settlement released him from all liability for the loan. The Mutual Settlement and Release Agreement was based on the 4/2/17 Equipment Financing Agreement. The agreement referred to this litigation, Case number 30-2019- 01115559. The...

Excerpt: ...tiengesellschaft v. Schlunk, 486 U.S. 694, 705.) Both China and the United States are parties to the Hague Convention. The Hague Convention requires Plaintiffs to forward requests for service of process to the central authority of China, Defendant Liu's (“Liu”) home country. (See Hague Convention, art. III.) “The Hague Convention permits default judgement against a foreign party once three elements have been satisfied, even if the foreign p...

Excerpt: ... was Plaintiff's psychotherapist, or that the patient-psychotherapist privilege applies. (Evid. Code, §§ 1012 and 1014; Civ. Code, §56.10.) Instead, Defendants contend Plaintiff waived his patient- psychotherapist privilege because Plaintiff tendered his mental and emotional condition as an issue in this lawsuit by claiming that the subject vehicle collision “severely aggravated” Plaintiff's post-traumatic stress disorder (PTSD). (Evid. Co...

Excerpt: ... his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross- defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to the caus...

Excerpt: ...s request for judicial notice is granted. As to the request for judicial notice, Defendant asks the Court to take judicial notice of 1) Letter from Presiding Judge Lee Hurwitz, Court Order, dated October 22, 2019, 2) Findings and Order after hearing dated February 26, 2019, 3) Minute Order dated September 18, 2018, 4) Defendant's Request for Order filed April 17, 2018, and 5) the December 2, 2020 Court of Appeal opinion in the related case involv...

Excerpt: ...intiff experienced persistent racist abuse from his supervisor, Deputy Public Works Director Defendant Debassio, such as Debassio using the “n-word” in front of him on numerous occasions, making comments like the need to hire more “black people” at the City for the sake of diversity, making jokes about Plaintiff's genitalia, and subjecting Plaintiff to other discriminatory and abusive language. (Id. at ¶¶ 13-14.) The FAC also alleges th...

Excerpt: ...on's knowledge, information and belief, formed after an inquiry reasonable under the circumstances that all of the following conditions are met: (1) it is not being presented primarily for an improper purpose; (2) the claims, defenses, or other legal contentions are warranted by existing law or by a nonfrivolous argument for the extension, modification or reversal of existing law or the establishment of new law; (3) the allegations and other fact...

Excerpt: ...red in this litigation. Lodestar: “‘California courts have consistently held that a computation of time spent on a case and the reasonable value of that time is fundamental to a determination of an appropriate attorneys' fee award.'” PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095. “A trial court ‘assessing attorney fees begins with a touchstone or lodestar figure, based on the ‘careful compilation of the time spent...

Excerpt: ...e: sexual harassment (fourth cause of action), sexual battery (fifth cause of action), gender violence (sixth cause of action), and violation of the Ralph Act (seventh cause of action). Statute of Limitations The District argues that Plaintiff failed to bring her claims within the applicable statutes of limitation. Code of Civil Procedure section 340.1 pertains to the statute of limitations in an action for recovery of damages suffered as a resul...

Excerpt: ...g and servicing of loan records, including, but not limited, accurate crediting of payments made by Plaintiff.” (Complaint, ¶ 21.) The Complaint also alleges that Defendants breached this duty by failing to complete an agreed- upon loan modification agreement, failing to credit payments made by Plaintiff toward the loan, filing false documents, and foreclosing on the Property. (Complaint, ¶ 31.) Courts are split as to whether a financial inst...

Excerpt: ...Miller, or Mibs Matthews] from January 2019 to June 5, 2019, RELATING TO NEWPORT CROSSINGS.” A motion to compel further responses must set forth “specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310(b)(1); see also Glenfed Develop. Corp. v. Super. Ct. (1997) 53 Cal.App.4th 1113, 1117.) To establish “good cause,” the burden is on the moving party to demonstrate both: (1) relevanc...

Excerpt: ...s granted as to Form Interrogatory Nos. 6.3 and 17.1 and denied as to Form Interrogatory Nos. 10.1, 10.2, and 10.3. Plaintiffs' responses to Form Interrogatory No. 6.3 is evasive. Plaintiffs John Nord, Sheran Marron, and Simon R. Nord, III are ordered to serve a further, complete, verified response within 10 days of service of Notice of Ruling. Plaintiffs' responses to Form Interrogatory Nos. 10.1, 10.2, and 10.3 are full and complete. Plaintiffs...

Excerpt: ...ts' Demurrer to the Third Amended Complaint is sustained with 15 days leave to amend. (Code Civ. Proc., § 430.10(e).) The elements of a claim for physical dependent adult abuse based on a defendant's alleged recklessness are: (1) defendant had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene, or medical care; (2) defendant knew of conditions that made the elder or dependent adult u...

Excerpt: ...UBM's demurrer to the first through ninth causes of action of Plaintiff Maribel Godinez's Second Amended Complaint (“SAC”) is sustained with leave to amend. Should Plaintiff wish to amend the complaint to address the issues herein, Plaintiff shall file and serve the amended complaint within 15 days of service of the notice of ruling. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blan...