Excerpt: ...iciency 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleg...

Excerpt: ...lenges 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider fact...

Excerpt: ...e 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. Cal. Civ. Proc. Code § 484.090(a)(1)-(4). A court may order the issuance of a writ of attachment only if the plaintiff's claim has probable v...

Excerpt: ...n-profit organization that has twenty-five full-time members and provides assistance to disabled veterans and their widows and families. Plaintiffs allege that on January 29, 2019, Defendant, an attorney and Association donor, sent an email to Plaintiffs and four other individuals in which Defendant made statements Plaintiffs contend were false and defamatory. Plaintiffs allege that they had never heard of Defendant or had any contact with him be...

Excerpt: ...n report has been prepared on the surveillance. Defendant objected to both of these interrogatories on attorney-client privilege and attorney work product grounds. Plaintiff contends that Suezaki v. Superior Court (1962) 58 Cal.2d 166, requires Defendant to produce any materials responsive to these interrogatories. Suezaki explained that the absolute work product protection of any writing reflecting an attorney's impressions, conclusions, opinion...

Excerpt: ... is no defense' thereto. [Citation.]” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850; Cal. Code Civ. Proc. § 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 that cause of action or a defense thereto. The defendant . . . may not rely upon the mere allegations or denials of its pleadings to show that a triab...

Excerpt: ...e for summary judgment or, in the alternative, summary adjudication against Plaintiff Vicki Markham's Complaint. Plaintiff alleges one cause of action for dental malpractice. Plaintiff did not file an opposition. For the following reasons, Defendants' motion is granted. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demon...

Excerpt: ..., Inc., Life Care Centers of America, Inc., and Forrest L. Preston (together, “the Life Care Defendants”) oppose, which they are permitted to do. See Columbus Line, Inc. v. Gray Line Sight-Seeing Cos. Associated, Inc. (1981) 120 Cal.App.3d 622, 630-31. For the following reasons, Mission Hospital's motion is granted. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to ne...

Excerpt: ...and all cell phones in YOUR possession, custody or control that you [sic] have ever used to communicate with anyone since July 14, 2015 through the present.” Plaintiff testified at her deposition that Defendant Grueser bought her an iPhone 6 Plus and that she used that phone to communicate with Grueser at the time of her sexual relationship with Grueser. Wojcik Decl. Ex. B (Ramirez 09/27/19 Depo. at 171:5- 23). Plaintiff testified she gave that...

Excerpt: ...l allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 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 unless they may be reasonably inferred fr...

Excerpt: ...e 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 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 com...

Excerpt: ...1, 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court...

Excerpt: ...ly. For the following reasons, Defendants' demurrer is sustained in part and overruled in part. 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., ...

Excerpt: ... 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because...

Excerpt: ...gs against him or further order of the court. The court denies Grant Telenko's motion in all other respects. The decision whether to stay civil proceedings in the face of parallel criminal proceedings should be made in light of the particular circumstances and competing interests involved in the case. Keating v. Office of Thrift Supervision (9 th Cir. 1995) 45 F.3d 322, 324; see also Avant! Corp. v. Superior Ct. (2000) 79 Cal.App.4 th 876, 885 (c...

Excerpt: ...following reasons, TCT's petition to compel arbitration is granted. The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. Little v. Pullman (2013) 219 Cal.App.4 th 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 bur...

Excerpt: ...the trial court is asked to determine whether the complaint raises an issue that can be resolved as a matter of law. Smiley v. Citibank (1995) 11 Cal.4 th 138, 146; Westly v. Board of Admin. (2003) 105 Cal.App.4 th 1095, 1114. Ordinarily, a general demurrer does not lie as to a portion of a cause of action, and if any part of a cause of action is properly pleaded, the demurrer will be overruled. Fire Ins. Exch., 116 Cal.App.4 th at 452. Like a de...

Excerpt: ... reasons, Plaintiff's motion is granted in part and denied in part. California Civil Code §1794(d) provides that a prevailing plaintiff in a Song-Beverly case shall be allowed to recover a sum equal to the aggregate amount of costs and expenses, “including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Ca...

Excerpt: ...llenges 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider fac...

Excerpt: ... 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the compl...

Excerpt: ....4 th 1470, 1486. Because Hana lacks capacity to defend this action based on its forfeited status, Hana's motion is denied. Plaintiff to give notice. Defendant Nicole Bermensolo's Motion to Set Aside Default Defendant Nicole Bermensolo moves pursuant to the court's “inherent equitable powers” and pursuant to California Civil Procedure Code §§ 415.20(b), 473(a), 473(b), and 473.5 to set aside the default entered against her on December 19, 2...

Excerpt: ... 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 these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court's discretion, to reach a final determination. Id. GMRI has carried its burden of pro...

Excerpt: ...part and denied in part. Plaintiffs filed their Complaint on April 8, 2019 and named Mitch Anderson, Richard Suitor, Catherine Suitor, and SRA Grand Prix as Defendants. Plaintiffs' Complaint alleged three causes of action: general negligence against all Defendants, motor vehicle negligence against Defendant Anderson, and premises liability against Defendants Richard Suitor, Catherine Suitor, and SRA Grand Prix. On September 24, 2019, Plaintiffs a...

Excerpt: ... distress (NIED) in Plaintiff Kourt D. Williams' First Amended Complaint (FAC). For the following reasons, Defendants' motion is granted with leave to amend. A motion for judgment on the pleadings is the functional equivalent of a general demurrer, Fire Ins. Exch. v. Superior Ct. (2004) 116 Cal.App.4 th 446, 452, and has the same purpose and effect as a general demurrer, i.e., the trial court is asked to determine whether the complaint raises an ...

Excerpt: ...onter Decl. Ex. A (07/12/19 Offer to Compromise). Defendant offered to compromise the case for $20,000. Id. Plaintiff did not accept the offer. Defendant obtained a verdict in her favor at trial. Defendant filed a Memorandum of Costs seeking $82,359.97 in costs. Plaintiff argues that Defendant's section 998 offer is invalid because it was less than Plaintiff's medical expenses and thus had no reasonable prospect of acceptance and was not made in ...

Excerpt: ...tness Fees On June 3, 2019, Defendant served each Plaintiff with a pretrial offer to compromise pursuant to California Civil Procedure Code § 998. See Cumba Decl. Ex. A. Defendant offered to compromise the case in exchange for a cost waiver. Id. Defendant's section 998 offers were accompanied by a letter from Defendant's counsel setting forth the reasons Defendant contended it would prevail in the case, stating that Defendant intended to move fo...

Excerpt: ...t. For the following reasons, Defendants' motion is denied. The Association manages a common interest development that includes a business park and the parcel of vacant land at issue in this case. The vacant land is separate from the business park. Adams Decl. ¶ 10; see also Casey Decl. ¶ 10; Kulp Decl. ¶ 10.; Miller Decl. ¶ 10. Plaintiffs own property in the business park and are current members of the Association. Complaint ¶ 15. The Assoc...

Excerpt: ...emonstrating 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. 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...

Excerpt: ...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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 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 unless they may be...

Excerpt: ...ed School District move pursuant to California Civil Procedure Code § 1021.5 for awards of attorneys' fees in these five consolidated cases following the court's decision granting Petitioners' petition for writ of mandate. See 01/17/20 Judgment; 09/16/19 Statement of Decision. For the following reasons, Petitioners' motions are denied. CASH seeks an attorney's fees award of $352,735.00; Cypress and Savanna join CASH's motion. Bakersfield seeks a...

Excerpt: ...itled as a matter of right to recover costs in any action or proceeding. Cal. Civ. Proc. Code § 1032(b); see also Cal. Civ. Code § 1794(d). If the items on a verified memorandum of costs appear to be proper charges, the memorandum is prima facie evidence of their propriety and the burden is on the 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,...

Excerpt: ...summary judgment is granted. Plaintiff's application for entry of default judgments against Defendants SLC Adventures, LLC, SPN Automotive, LLC, and Steven P. Nero as Trustee of the Nero Living Trust is also granted. Plaintiff's application for entry of default judgments against Lisa Nero and Lisa L. Nero as Trustee of the Nero Living Trust is denied because Plaintiff dismissed those parties on August 20, 2020. A. Plaintiff's Summary Judgment Mot...

Excerpt: ...hose allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 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 unless they may be reasonably inferred from the matters alleged or are proper subjects of judicial notice....

Excerpt: ...ion is granted in part and denied in part. The subpoena is limited as described below. The subpoena seeks (1) “[a]ny and all call logs pertaining to 911 calls associated with the Telenko residence . . . during the time period June 1, 2010 through the present;” (ii) “[a]ny and all audio files . . . pertaining to 911 calls associated with the Telenko residence . . . during the time period June 1, 2010 through the present;” (iii) “[a]ny an...

Excerpt: ...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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency...

Excerpt: ... 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 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 unless they may be re...

Excerpt: ... 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 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 unless they may be re...

Excerpt: ... factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 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 unless they may be reasonably infe...

Excerpt: ... (1981) 120 Cal.App.3d 622, 630-31. For the following reasons, ABM's motion is denied. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff'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. Cal....

Excerpt: ...t Wells Fargo, with written instructions authorizing Wells Fargo to transfer $22,340 from TGNP's commercial bank account to PT General Carbon, a vendor of hookah charcoal based in Indonesia. Wells Fargo processed the written instructions and transferred the funds on March 13, 2018. After Haddadin authorized the transfer and left the bank, he returned to the bank and asked Herndon to recall the wire because Haddadin had determined that the charcoa...

Excerpt: ...o. 111 seeks production of “flirty text messages” Defendant James Grueser testified at deposition he exchanged with another Advanex employee. See Nicholas W. Hane Decl. Ex. C (at 8:1-5). Request No. 112 seeks production of “flirty text messages” Defendant Grueser testified at deposition he exchanged with Plaintiff. See id. Ex. C (11:9- 11). Advanex offers no persuasive argument that documents responsive to Request No. 112 (i.e., text mess...

Excerpt: ...en original responses are held inadequate, e.g., on a motion to compel. “Amended responses” refer to a party's service of responses correcting errors in the party's original responses or to include subsequently-discovered facts. For the following reasons, Defendant's motion is granted in part and denied in part. Form Interrogatory No. 17.1(b) asked Plaintiff to state all facts upon which Plaintiff based any response to a corresponding request...

Excerpt: ...ed her due to her alleged medical condition. Plaintiff alleges that her mental state is fragile, that her allegations are sensitive and personal, and that she will be embarrassed and retaliated against if her true name is disclosed in this lawsuit. Plaintiff and Defendants stipulated to Plaintiff's use of a pseudonym pending the court's resolution of the parties' disagreement about Plaintiff's desire to use a pseudonym throughout the case. Every ...

Excerpt: ...levant part, that “[t]he Orange County Superior Court shall retain jurisdiction pursuant to CCP section 664.6 to enforce the terms of this AGREEMENT.” Id. Ex. A (¶ 14). On January 2, 2020, Plaintiff TLM Petro Labor Force, Inc. filed a Request for Dismissal with prejudice of the “[e]ntire action of all parties and all causes of action.” The Request for Dismissal was signed by Plaintiff's counsel and Ommid's counsel. The clerk entered the ...

Excerpt: ...nts' subpoena seeks “[a]ll records reflecting payments made, including the amounts paid, in connection with any medical liens or medical care pertaining to [Plaintiff] Francisco Maldonado . . . for a date of loss of January 18, 2016.” Trafton Decl. Ex. D. The subpoena further states: “This subpoena includes documents reflecting the involvement of a factoring company or pre-settlement funding company in making payments for medical care recei...

Excerpt: ..., for a total additional attorneys' fees award of $110,801.25. Plaintiff seeks $37,087.50 for the Knight Law Group, LLP, $23,655.00 for the Altman Law Group, and $13,125.00 for Wirtz Law APC. Plaintiff also seeks costs in the amount of $29,081.93. The court addresses Plaintiff's costs award in its concurrent order on Defendants FCA US LLC and McPeek's Dodge of Anaheim's motion to tax costs. For the following reasons, Plaintiff's second motion for...

Excerpt: ...Plaintiff seeks attorneys' fees pursuant to California Labor Code §§ 218.5 and 1194(a). Plaintiff seeks $31,600 in fees for Attorney Alexander's work, $2,062.50 in fees for Paralegal Acosta's work, and $6,860.75 in costs. Plaintiff does not seek a multiplier. A. Attorneys' Fees Defendants do not contest that Plaintiff is the prevailing party or that Plaintiff is entitled to an award of attorneys' fees. Rather, Defendants argue that Plaintiff sh...

Excerpt: ...(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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the...

Excerpt: ... Civ. Code § 1708.85(a)); and ordering all parties and their agents and attorneys to use the pseudonym Jane Doe to refer to Plaintiff and the pseudonym John Doe to refer to Plaintiff Jane Doe's husband in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public (Cal. Civ. Code § 1708.85(f)(2)(A)), and to exclude or redact any identifyin...

Excerpt: ...tion for Attorneys' Fees California Civil Code §1794(d) provides that a prevailing plaintiff in a Song-Beverly case shall be allowed to recover a sum equal to the aggregate amount of costs and expenses, “including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Cal. Civ. Code § 1794(d). The plain wording ...