Excerpt: ...ate America, Inc., Western Riverside Council of Governments and County of Orange, GD Friend Inc. dba Everlast Home Energy Solutions (GD Friend) and Gregory Friend commit fraud and financial elder abuse. Therefore, Plaintiffs alleged that Orange County's levy and charge of taxes and fees was illegal and should be cancelled. Exemption from Filing Claim: Government Code 905 (a) exempts Plaintiffs' claim. Gov. Code, § 905 provides that “all claims...

Excerpt: ...the Vivian Schroeder Separate Property Trust. 5. Demurrer to Amended Complaint 6. Motion to Strike Portions of the Third Amended Complaint Moving Party: Roe Properties Responding Party: Plaintiff Vivian Schroeder, as an individual and as trustee of the Vivian Schroeder Separate Property Trust. Ruling Motion 1: Defendant Alice Roe's Demurrer to Third Amended Complaint is SUSTAINED without leave to amend as to the First and Second Causes of Action....

Excerpt: ... burden of proof to show that there was a complete defense under Civ. Code, § 3439.09 to these causes of action. Statute of Limitations: Civ. Code, § 3439.09 provides that “A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07: (a) Under paragraph (1) of subdivisi...

Excerpt: ...001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) Once the moving party meets that burden, the burden shifts to Plaintiff to show, by reference to specific facts, the existence of a triable issue as to that af...

Excerpt: ...substantively addresses each issue. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A plaintiff moving for summary judgment satisfies his or her initial burden by showing that each element of the cause of action in question has been “proved,” and hence t...

Excerpt: ...atories or production of documents results in a waiver of any objection to the request. (Code Civ. Proc., §§ 2030.290(a); 2031.300(a).) However, the trial court can relieve a party from such a waiver if “both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance; and (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable n...

Excerpt: ...to the First, Ninth, Tenth and Eleventh Causes of Action. The Motion is DENIED as to the remaining Causes of Action. Prior Ruling: On 7/13/20, the court overruled Defendants' Demurrer, because the Demurrer was to the entire Complaint when all causes of action were not addressed. (ROA 139). The court did not address the individual causes of action. Judgment on the Pleadings: “In the case of either a demurrer or a motion for judgment on the plead...

Excerpt: ... (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 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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only t...

Excerpt: ...to the First, Ninth, Tenth and Eleventh Causes of Action. The Motion is DENIED as to the remaining Causes of Action. Prior Ruling: On 7/13/20, the court overruled Defendants' Demurrer, because the Demurrer was to the entire Complaint when all causes of action were not addressed. (ROA 139). The court did not address the individual causes of action. Judgment on the Pleadings: “In the case of either a demurrer or a motion for judgment on the plead...

Excerpt: ... (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 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.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only t...

Excerpt: ...substantively addresses each issue. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A plaintiff moving for summary judgment satisfies his or her initial burden by showing that each element of the cause of action in question has been “proved,” and hence t...

Excerpt: ...001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) Once the moving party meets that burden, the burden shifts to Plaintiff to show, by reference to specific facts, the existence of a triable issue as to that af...

Excerpt: ... burden of proof to show that there was a complete defense under Civ. Code, § 3439.09 to these causes of action. Statute of Limitations: Civ. Code, § 3439.09 provides that “A cause of action with respect to a transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07: (a) Under paragraph (1) of subdivisi...

Excerpt: ...resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) The Complaint alleges that Plaintiff and Defendant DI Overnite LLC entered into a written employment contract on June 13, 2014. This employment contract, which is the offer letter that was signed by Defendant's president and by Plaintiff, offers Plaintiff employment as the “Executive Vice President of Operations and an authorized Finance offic...

Excerpt: ... misconduct are sustained as to Scallorn and overruled as to Assisting Hands. The demurrer to the fourth cause of action for unfair business practices is overruled. Defendants' special demurrers pursuant to Code of Civil Procedure sections 430.10(f) and 430.10(g) are overruled. Should Plaintiffs desire to file an amended complaint that addresses the issues in this ruling, Plaintiffs are ordered to file and serve it within 15 days of notice of rul...

Excerpt: ...ecret, and (3) resulting harm. (Civ. Code, § 3426.1, subd. (b); Reeves v. Hanlon (2004) 33 Cal.4th 1140, 1155; CytoDyn of New Mexico, Inc. v. Amerimmune Pharmaceuticals, Inc. (2008) 160 Cal.App.4th 288, 297.) Defendant Le contends that the FAC does not allege what trade secrets Le acquired, when or how Le disclosed or used a trade secret, or to whom Le disclosed a trade secret. The FAC, however, identifies the “Trade Secrets” at issue: custo...

Excerpt: ...ban Commons, LLC, Taylor Woods, Howard Wu & Andrew Murray Ruling Motion 1: Defendants' Motion to Compel Arbitration is DENIED. Procedural Defect: Defendant failed to follow the procedural requirements to move to compel arbitration. “A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract.” Freeman v. State Farm Auto Ins. Co. (1975) 14 Cal.3d 473, 480. Code Civ. Proc., § 1281.2 provides t...

Excerpt: ...d Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) Once the moving party meets that burden, the burden shifts to Plaintiff to show, by reference to specific facts, the existence of a triable issue as to...

Excerpt: ...ion, the court need not determine Issue No. 4. A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826,...

Excerpt: ...f more limited relief.” Zellerino v. Brown (1991) 235 Cal.App.3d 1097, 1107. The “sole remedy for relief from waiver in the context of discovery is contained within the provisions of the Act and it cannot rely upon the provisions of section 473.” Scottsdale Ins. Co. v. Superior Court (1997) 59Cal.App.4th 263, 274–275. The motion was also made under the appropriate statutes, which are similar. Code Civ. Proc., § 2030.290 (a) provides that...

Excerpt: ....1 contains a subdivision that expressly preserves nonfinal claims. Under subdivision (q), “Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and that would otherwise be barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired, is reviv...

Excerpt: ... 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. (See Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading but is directed at the uncertainty existing in the allegations actually made. (People ...

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 elector...

Excerpt: ...ndants' Demurrers to the Second Amended Complaint are overruled in part as moot and sustained in part with 15 days leave to amend. (Code Civ. Proc., § 430.10(e).) Ruling Motion 3: Defendant Boll's Demurrer to the Second Amended Complaint is sustained with 15 days leave to amend. (Code Civ. Proc., § 430.10(e).) A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (See ...

Excerpt: ... under conditions consistent with applicable COVID-19 public health orders and guidance or under conditions to which the parties otherwise stipulate. In light of the court's concurrent ruling on Defendant's Motion to Disqualify Counsel, the parties are reminded that Attorney Annie C. Lu is disqualified from taking or defending depositions. Any party may obtain discovery by taking in California the oral deposition of any person, including any part...