Excerpt: ...of the former Redlands chapter of the Pateadores Soccer Club. Second Amended Complaint (SAC) ¶ 1. Defendant MVPI operates as the Pateadores Soccer Club, which consists of various geographical chapters. Id. ¶ 2. Defendant Brosnan is the Vice President of Operations and the Secretary of the Board of Directors of MVPI. Id. ¶ 3. Defendant Briggs has served as the Chief Executive Officer of MVPI, the Chief Financial Officer of MVPI, and Chairman of...

Excerpt: ...ntiff Patricia Kells as trustee of the Patricia Lynn Kells Living Trust. The court granted defendants' motion for summary judgment on March 9, 2023. See 3/9/23 Order & 3/27/23 Judgment. For the following reasons, defendants' motion is granted. A. Entitlement to Attorneys' Fees Plaintiff is the widow of Robert T. Kells, Jr. (Robert) a former member of defendant Blueridge Business Group. Robert initially owned 20% of Blueridge; Robert sold 5% of hi...

Excerpt: ...g reasons, defendants' demurrer is sustained with leave to amend. 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 allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 13...

Excerpt: ...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 the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complai...

Excerpt: ...ition. For the following reasons, defendants' demurrer is overruled. 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 allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th...

Excerpt: ...udgment on the cause of action. Cal. Civ. Proc. Code § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Id. Plaintiff's third cause of action alleges violation of Civil Code section 1632 against defendants Ben Auto Haus, LLC and San Diego County Credit Union. Plaintiff alleges defendant Ben Auto ...

Excerpt: ...pel is granted in part and denied part. Defendant B E Products, Inc. moves for entry of a protective order governing “confidential information” produced in this case. The court exercised its discretion to consider plaintiffs' late-filed opposition. Defendant's motion for entry of a protective order is granted in part and denied in part. Requests Nos. 30, 39, 62 and 63 seek relevant information and/or are reasonably calculated to lead to the d...

Excerpt: ...or the reasons set forth in the court's April 6, 2023 order. See 4/6/23 Order. In sum, and as further detailed in the April 6, 2023 order, the court denied plaintiffs' application because plaintiffs' complaint does not allege sufficient facts to state causes of action against defendants, and because neither the complaint nor plaintiffs' application demonstrated why plaintiffs would be owed $97,530.85. Id. The court's order was “without prejudic...

Excerpt: ...ns, defendant's motion to quash is granted. Defendants' alternative motion to dismiss or stay the action for inconvenient forum is denied as moot. Plaintiff alleges he resided in Orange County, California “at all times relevant,” and defendants Julie Moss, Kelly Price, and Sarah Foss reside in McLennan County, Texas. Plaintiff alleges defendants violated California Penal Code sections 630 through 637.5 by surreptitiously recording “at least...

Excerpt: ...erformance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. 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. Id. In a petition to compel arbitration, the trial court must first determine whether an “agreement to arbit...

Excerpt: ...ling 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 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 ...

Excerpt: ...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 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. (...

Excerpt: ...he 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 the sufficiency of the complaint, a court will not consider facts that have not...

Excerpt: ...annot be established, or that the defendant has a complete defense to the cause of action. Cal. 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 Life Ins. Co. (1999) 75 Cal.App.4th 832, 840. If the defendant meets this initial burden, the burden shifts to the plain...

Excerpt: ... 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 the sufficiency of the complaint, a court will not consider f...

Excerpt: ...k 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 the sufficie...

Excerpt: ...ditionally under seal. Plaintiff has filed a motion to seal one page of deposition testimony attached to the Kim Declaration filed in support of Stansberry's motion. The motion to seal is scheduled for hearing on August 10, 2023. While the court has read the page plaintiff seeks to seal, the information in that page does not bear on the below ruling, and the court thus does not discuss the information in that page below. Plaintiff has not filed a...

Excerpt: ...John Leonard, Lee Selby, Virginia Terry, Don Trim and Marge Mitchell on its first cause of action for quiet title and its second cause of action for declaratory relief. For the following reasons, South District's motion is granted. A plaintiff seeking summary judgment meets its burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause o...

Excerpt: ...es Plaintiff alleged it entered into signed retainer agreements with Saatchi and Edalat, respectively, for the provision of legal services, and that each defendant failed to pay amounts due. The court found plaintiff proved the existence of a contract with each defendant (TE 1, 20), proved plaintiff's performance under the contracts (i.e., plaintiff proved it provided legal services to each defendant in accordance with the contract), and proved e...

Excerpt: ...petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4th 558, 565. 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. ld. In a petition to compel arbitr...

Excerpt: ...ion for an order which was refused in whole or in part . . may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." Defendants contend that since the court denied defendants' first mo...

Excerpt: ...fendant and cross-complainant Union Pacific Railroad, and defendant and cross-defendant P&B Intermodal Services, LLC oppose. For the following reasons, XPO's motion is denied. California Civil Procedure Code S 877.6(a)(1) states that any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered int...

Excerpt: ...ected 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 the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint...

Excerpt: ...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 the sufficiency of the complaint, a court will not c...

Excerpt: ...dants move for an order abating or staying this action. For the following reasons, defendants' renewed motion is denied, as is defendants' alternative motion for an order abating or staying this action. Section 1008(b) provides: "A party who originally made an application for an order which was refused in whole or in part . . may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it ...