Excerpt: ... motion states it is only being brought by defendant Gladys Ross. Which is it?) The motion is legally ineffective because Code of Civil Procedure section 663 is inapplicable in situations where, as here, the allegation is that the proof of service was not adequate. Section 663 applies where the default judgment exceeds the prayer or is entered without a required statement of damages. (Weil & Brown (TRG 2017) Civil procedure Before Trial, Para. 5-...

Excerpt: ...intiff also asserts the agreement is uncertain because it requires the plaintiff to send any claim to an unnamed vice-president by registered or certified mail. But she fails to show how this is critically uncertain or how she was in any way prejudiced by the alleged uncertainty. Finally, the plaintiff asserts the agreement violates element five of the holding in Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83. But s...

Excerpt: ...does not add “M.D.” or anything similar after his name. In response, the defendant presented evidence from the Board that Mr. Reeder is not a physician licensed to practice in the State of California. Without any competent evidence of medical malpractice the plaintiffs have no claim. (The court further notes that the plaintiffs' opposition did not comply with the applicable Rules of Court.) The objections of the defendant are SUSTAINED. The d...

Excerpt: ...vative or individual claims is debatable. But the Cross-Complaint contains allegations of individual harm, and the court must accept those as true for purposes of a demurrer. As the court has previously noted (see Minute Order of October 19, 2017), this is a small, close-held corporation run by immediate family members. Allegations of harm to the corporation can also constitute harm to the individual cross-complainants. (See, e.g., Goles v. Sawhn...

Excerpt: ... seventh cause of action for fraud still does not plead sufficient facts to show the alleged representations. At best, the plaintiffs ask the court to assume that Eggert made misrepresentations to Progressive Insurance in order to be placed on the list of approved repair facilities. But it is unknown whether any fraudulent statements were made, what they were, or whether Progressive even relied on them in designating Central Valley RV Repair as a...