Excerpt: ...ED. No opposition has been filed such that all material facts asserted by Cross-Complainants are undisputed. Cross Complainants seek to have the property sold and the proceeds divided by way of an interlocutory order. It is also undisputed that the Property “spans five acres and consists of two buildings—a main house and a secondary building—with a total of approximately 10,000 square feet of housing.” (Cross-Complainants' Separate Statem...

Excerpt: ...hat “Any Warranty Policy and Procedure Manual published by defendant and provided to its authorized repair facilities, within the State of California, for the date the subject vehicle was purchased to the present.” (See Lemon Guide, § 10.3, p. 38.) Request No. 10: A copy of the Workshop Manual specifying diagnosis and repair procedures for vehicles of the same year, make, and model as the subject vehicle. The Lemon Guide recommends that “A...

Excerpt: ...tion for judgment on the pleadings filed by a defendant on the grounds the Court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against the moving defendant. (Code Civ. Proc., § 438(c)(1)(B).) The grounds for such a motion must appear on the face of the challenged pleading or from any matter of which the Court is required to take ...

Excerpt: ...ANAHEIM”) demurs to the the 5th (Bane Act), 6th (Battery), 7th (Assault), 9th and 10th (Negligence), and 12th (Liability for the wrongful acts by public entity employees) causes of action alleged in Plaintiff Torres Sanchez' Complaint on the grounds that Plaintiff cannot maintain a civil action pending resolution of the criminal case against him in Orange County Superior Court Case No. 21NF2207 (“CRIMINAL CASE”). Government Code section 945...

Excerpt: ...t: Pltfs have pled the consideration was intellectual property for shares; Pltfs provided shares but Deft did not provide the intellectual property; The 2021 Settlement Agreement is not before the Court; What Pltfs knew and when is outside the four corners of the Complaint; Overrule the Demurrer as to this cause of action; 5th cause of action for Breach of GF and FD: Deft argues the claim is based on pre-contract activity and is a duplicate of th...

Excerpt: ...).) “The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” (Code Civ. Proc. § 473(a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be pr...

Excerpt: ...The Court finds that based on the evidence presented, a reasonably hourly rate for the services performed by Plaintiff's attorneys is $400 an hour. Number of Hours Billed. Plaintiff presents evidence that his attorneys at Neale & Fhima, LLP reasonably expended approximately 98.7 hours prosecuting this case (including the time on the Motion), anticipates spending an additional 4 hours to review the Opposition and prepare a Reply, and anticipates s...

Excerpt: ... a prayer for $10,000,000.00 in compensatory damages, and a cause of action for Elder Abuse against all Defendants. Also before the Court is a Demurrer to the Second Amended Complaint (SAC) by Defendant Severson Plumbing Services, Inc. (“Severson”), a Motion to Strike by Severson, and a Motion to Strike by Defendants Aliso Villas Condominium Association (“Aliso Villas”) and Total Property Management, Inc. (“TPM”). Plaintiff's Motion f...

Excerpt: ...nce: The cause of action is not sufficiently pled. The Complaint alleges that Defendants are and were in some manner strictly liable, negligent, reckless, careless, or unreasonable and/or proximately responsible for the events, happenings, and wrongful acts, failure to act, representations and omissions alleged” and “are liable to Plaintiff(s) as herein alleged either individually or collectively are, in some manner responsible for the action...

Excerpt: ...dant that caused or contributed to Plaintiff's injuries; and · The cause of action for concealment fails because Plaintiff has not established that Defendants fraudulently concealed any significant facts. On a procedural note, Defendants' Separate Statement addresses the summary judgment, only. On a motion for summary adjudication, the statement must also tie each “undisputed material fact” to the particular claim, defense or issue sought to...

Excerpt: ...Court GRANTS Cross-Defendants request for judicial notice of Exhibit B pursuant to Evidence Code section 452(h). The Court DENIES Cross-Defendants request for judicial notice of Exhibit C as the contents of a web-site are not subject to judicial notice. Demurrer: The 1st cause of action for cancellation of U.S. Trademark Reg. No. 5,960,348: Cross-Defendants contend that Cross-Complainants lack standing to cancel the trademark because it is well e...

Excerpt: ...1/21 MOTION NOS. 1 & 2 – DEMURRER AND MOTION TO STRIKE BY WONG DEFENDANTS Meet and Confer: Defendants sufficiently met and conferred under Code of Civil Procedure sections 431.41 and 435.5 to discuss the issues raised by the demurrer and motion to strike; they could not come to an agreement. (Lawrence Decls., ¶ 9.) DEMURRER: 1st COA – Wrongful Death: A claim for wrongful death is authorized by Code of Civil Procedure section 377.60 et seq. �...

Excerpt: ...��); as well as a Motion to Strike Portions of the FAC filed by Defendant, Severson Plumbing Services, Inc. (“Severson”). Late Oppositions: Oppositions were due on 11/19/21. However, Plaintiff did not file oppositions until 11/24/21 at 10:08 p.m., 10:10 p.m., and 10:12 p.m. Thus, the oppositions are untimely. However, as substantive replies have been timely filed and no prejudice is shown, the Court will consider the late oppositions. Aliso V...

Excerpt: ...eceived by Tenant from the Costco Gift Cards (see Tenant's complaint at ¶ 32(A)). 2. Issue of Duty: Tenant was entitled to deduct from Gross Sales third party fees with respect to the purchase of gift cards presented at the Premises (see Landlords' second amended cross-complaint at ¶ 8(a)). 3. Issue of Duty: Tenant was entitled to pay, and Landlord was required to accept, Alternate Rent from and after September 13, 2017 until a replacement was ...

Excerpt: ...� her attorney states only on information and belief that she is in “poor health and dying condition”. Tentative Ruling: The Motion for Preference is DENIED. Moving Party is to give notice. Motion 2: The Court finds Defendants failed to meet their initial burden of establishing an agreement to arbitrate exists. In order to meet their initial burden, Defendants purport to introduce as Exhibit A, a document entitled “Resident – Facility Arb...

Excerpt: ...rally consider residential telephone and address information private does not mean that the individuals would not want it disclosed under these circumstances.” (Id. at 1252- 53.) Contact information, while personal, is not particularly sensitive, and is basic to civil discovery, especially when people are being identified as witnesses. (Id.at 1253-54.) “Nothing could be more ordinary in discovery than finding out the location of identified wi...

Excerpt: ...Arbitration Agreement, before arbitration can be compelled. (See 9 U.S.C. §2 and C.C.P. §1281.2). "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; See also Green ...

Excerpt: ...irement of CCP § 430.41, as it does not indicate that any meet and confer regarding the issues in the demurrer actually occurred, let alone any meet and confer by telephone or in person. Defendant's counsel, Mari Kiridjian, states that she sent Plaintiff's counsel “an email regarding FCA US' intent to file a demurrer” and asked Plaintiff “to notice counsel for FCA US if Plaintiff intends to amend the Complaint or to dismiss the fraud cause...

Excerpt: ... Exch., Inc., (1995) 11 Cal.4th 1, 18 (Waller).) Grants of coverage are to be interpreted broadly, while exclusions are interpreted narrowly and against the insurer. (Shade Foods, Inc. v. Innovative Products Sales (2000) 78 Cal. App. 4th 847, 867.) “The insurer bears the burden of proving ... the applicability of an exclusion ....” (State Farm Fire & Cas. Co. v. Martin (9th Cir. 1989) 872 F.2d 319, 321.) The court must “look first to the la...

Excerpt: ...h Ferrari did. The Agreement is signed by someone as “Facility Representative”, and by Deborah Ferrari as “Signature on behalf of the Resident and Individual”. Plaintiff also submits the form filled Declaration of Amy Magallon, Admission Coordinator for Defendant who declares that she met with “Deborah Ferrari (wife)”. After stating she met with Deborah Ferrari (and not Charles William Koelzer), she indicates “The Resident instructe...

Excerpt: ...CHAEFER properly watered the Tree post-2015 when the CITY deemed it a “City Tree”. SCHAEFER contends she properly watered it, CITY contends she did not, creating a triable issue. Here there is no evidence that the CITY planted the Tree. The Tree was on SCHAEFER's property when she moved there in 1991 and considered it “her” tree which she maintained until October 2015. CITY disputes that SCHAEFER did not have any responsibility over the T...

Excerpt: ...ant Prime, Plaintiff's employer, are protected. There is no dispute that the litigation privilege “applies to any communication (1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of the litigation; and (4) that have some connection or logical relation to the action.” (Silberg v. Anderson (1990) 50 Cal.3d 205, 212.) Plaintiff, however, relies on Insurance Cod...

Excerpt: ...oving papers or the reply. However, based on the opposition that has been filed, it appears that the moving papers were served. The Court will presume that the reply has been properly served unless otherwise established at the hearing. The Court reminds Defendants that a proof of service must be filed. (See California Rules of Court, Rule, 3.1300(c).) In addition, as to the late-filed and late-served opposition, the court, in its discretion, may ...

Excerpt: ...A. Timory (“Timory”) (collectively, “Moving Defendants”): 2nd cause of action for negligence, 3rd cause of action for assumpsit, 4th cause of action for disgorgement (B&P § 7031), 5th cause of action for violation of B&P § 17200 et seq. Moving Defendants have met their initial burden to show that they are not the agent, partner, or alter ego of the other defendants. (D's Supp. SSUMF 28-35 [Timory Supp. Decl.].) Moving Defendants have al...

Excerpt: ...s therein. (See Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882.) As a threshold matter, Plaintiff correctly contends that Cross-Complainant failed to allege that he was duly licensed at all times during the performance of the remodel services he provided, and that it is his burden to affirmatively state and prove that he was licensed to provide the work, labor, services and materials before bringing...