Excerpt: ...hanged plaintiff's claims by adding the 4th and 5th causes of action. Defendants may now respond to the new claims. Fourth cause of action, Bane Act. The FAC states facts sufficient to constitute this cause of action. (See Civ. Code, § 52.1; see also FAC ¶¶ 21-27, 43-57.) In “‘Bane Act cases . . . “[w]here Fourth Amendment unreasonable seizure or excessive force claims are raised and intentional conduct is at issue, there is no need for ...

Excerpt: ...will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) Plaintiffs have shown some probability of prevailing on their first cause of action. (See Civ. Code, § 2924i; see also M. Zanetis decl. ¶¶ 3, 9, 11-12; D. Zanetis decl. ¶¶ 3, 9, 11-12; Pl. Ex. A [promissory note]; Def. Ex. G [settlement agreement].) Whil...

Excerpt: ...ith the court.” (Ibid.) The claim of exemption has not been filed with the court. Thus, the court concludes plaintiff failed to give written notice to the levying officer. Plaintiff's proof of service of the notice of hearing does not show service on the levying officer. And if plaintiff had actually given written notice to the levying officer, the court presumes the levying officer would have filed the claim with the court. (Civ. Code, §§ 35...

Excerpt: ...ided. (See 7/24/17 substitution of attorney.) For that matter, cross-defendants fail to show address was actually invalid, let alone that cross-complainant knew that. Cross-defendants also failed to show cross-complainant prevented them from participating in the case by scheduling mediation sessions. Cross-defendants have not moved for relief under Code of Civil Procedure section 473 (or any other ground). They expressly disclaim any reliance on ...

Excerpt: ...ubd. (g); see also SAC ¶ 12 & Ex. A.) The SAC alleges defendants Lee and Deng are the alter egos of the contracting party, defendant Mayturn. (See SAC ¶¶ 7, 23.) 2nd cause of action, fraud. The SAC states facts sufficient to constitute this claim. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 638 [elements], 645 [particularity]; see also SAC ¶¶ 11-15, 17-22.) Again, the SAC alleges defendants Lee and Deng are the alter egos of defendan...

Excerpt: ... for a shoulder fracture despite documented shoulder pain. 3rd Cause of Action, Negligent Infliction of Emotional Distress: The SAC states facts sufficient to constitute this claim. (See Bird v. Saenz (2002) 28 Cal.4th 910, 915 [elements], 916-917 [contemporaneous sensory perception]; see also SAC ¶¶ 20-21, 39- 43.) In particular, the SAC alleges plaintiff Cheryl Baggs “was physically present and witnessed” a physical therapy assistant “a...

Excerpt: ...trike and continue the CMC. Ivy Ann Helman and Bradley Israel Helman's demurrer Defendants Ivy Ann Helman and Bradley Israel Helman's demurrer is:  SUSTAINED as to the 2nd-9th causes of action without leave to amend,  SUSTAINED as to the 10th causes of action with leave to amend, and  OVERRULED as to the 11th cause of action. Plaintiff David Mark Albin shall have leave to file and serve a second amended complaint within 14 days. 2nd-3rd ...

Excerpt: ...im -- not the FAC that did. To respect substance over form and disregard trifling errors (Civ. Code §§ 3528, 3533), the court construes this record as showing (1) plaintiff served the FAC on defendant Nguyen on 8/2/17, and (2) defendant Nguyen moved on 1/11/18 to strike the FAC. The motion is thus untimely. (See Code Civ. Proc., § 425.16, subd. (f) [60 days].) Even if the court exercised its discretion to consider an untimely motion, defendant...

Excerpt: ...complainants have failed to meet their burden to show a reasonable possibility of curing the defect. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318). The FAXC failed to correct the inadequate allegations of the original cross-complaint. And cross-complainants have not attempted to show how they would amend the FAXC. Cross-defendants shall give notice. ...

Excerpt: ...s the invasion of a primary right. (See Crowley v. Katleman (1994) 8 Cal.4th 666, 681-682.) The complaint should separately state and number each cause of action. (Cal. Rules of Court, rule 2.112.) Plaintiff improperly combined two causes of action under one heading in the FAC. The “1st cause of action” asserts violations of 2 primary rights: the right to be free from fraud regarding auto sales, and the right to be free from fraud regarding t...

Excerpt: ...“‘[A]n unsuccessful personal injury suit by the physically injured spouse acts as an estoppel that bars the spouse who would claim damages for loss of consortium.'” (Id. at p. 1316.) But plaintiff James Manry's claims against defendant were dismissed after the court sustained a demurrer without leave to amend. (See Def. SSUF #1-4.) Out of an abundance of caution, the court has considered plaintiff's untimely opposition, which fails to raise...

Excerpt: ...t shall give notice. ...

Excerpt: ...so Compl. ¶¶ 19-21, 30, 39, 42 & Exs. 1-2.) “In an action based on a written contract, a plaintiff may plead the legal effect of the contract rather than its precise language.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199.) “There is no need to require specificity in the pleadings.” (Ludgate Ins. Co. v. Lockheed Martin Corp. (2000) 82 Cal.App.4th 592, 608.) The contract allegations are...

Excerpt: ... action. After a cause of action is amended, the court may rule in favor of the defendant if, upon subsequent motion, or perhaps renewal of the earlier motion if appropriately framed, it is shown ... there are no triable material issues of fact which would permit recovery on that theory.'” (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1131.) Last week, the court granted plaintiffs leave to file a first amended com...

Excerpt: ... Park Rental Review Bd. (1998) 62 Cal.App.4th 1409, 1429 [leave denied where amended complaint was “subject to demurrer”].) Plaintiff's proposed amendment improperly revives allegations that have been stricken in response to defendant's anti-SLAPP motion. (Compare Proposed 3rd Am. Compl. ¶¶ 10 & 35 with 2nd Am. Compl. ¶¶ 17-26, 29, 31.) “Allowing a SLAPP plaintiff leave to amend the complaint . . . would completely undermine the statute...

Excerpt: ...arties that have already appeared within 10 days. Plaintiff shall have leave to e-file and serve his proposed first amended complaint on any new defendant who has not already appeared within 30 days. Plaintiff shall give notice. Demurrer Cross-defendant Mike Clements' demurrer is OVERRULED as to the 1st causes of action and SUSTAINED with leave to amend as to the 2nd, 3rd, and 4th causes of action. Cross-complainant Jodie Campbell shall have leav...

Excerpt: ... (2003) 110 Cal.App.4th 1273, 1283.) Courts do not seal documents on the parties' agreement ”without a specific showing of serious injury.” (Id. at p. 1282.) Defendants have not shown how disclosure of “a routine settlement document” will “prejudice any legitimate confidential business practice” or anything else. (Id. at p. 1284.) Motion to Transfer Venue Defendants motion to transfer venue is GRANTED. The clerk of the court shall tra...

Excerpt: ...-7, 11-22, & 24-25 within 30 days. The parties shall thereafter meet and confer in a good faith attempt to resolve any remaining disputes. As to document demands #2, 4-7, 11-22, & 24-25 and plaintiffs' sanctions request, the hearing is continued to 7/9/18 at 2 pm in Dept. C12. Plaintiffs may file and serve a supplemental 8-page brief and supporting declarations no later than 6/22/18. Deponent may file and serve a supplemental 8-page brief and sup...

Excerpt: ...� 761.020.) He alleges the series of transfers from “decedent as trustee” to decedent to EDC are void due to undue influence and that, absent the void transfers, he would hold title as successor trustee or executor. “The rule which requires allegations of facts where undue influence is the issue does not require the allegation of evidentiary facts but only that ultimate facts be pleaded.” (Krug v. Meehan (1952) 109 Cal.App.2d 274, 277.) D...

Excerpt: ...alleges subsequent wrongful conduct, it fails to plead the alleged misrepresentation with particularity or to allege plaintiff's justifiable reliance. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 638 [elements], 645 [particularity]; see also Mirkin v. Wasserman (1993) 5 Cal.4th 1082, 1088 [plaintiff must plead her own reliance].) 2nd cause of action, wrongful foreclosure. The complaint fails to state facts sufficient to constitute this cau...

Excerpt: ...Corp. (2003) 109 Cal.App.4th 739, 761.) The prejudice to proposed defendant Laguna Crest is not substantial. Laguna Crest has not been relying on the original complaint for 19 months; it first came to this case as a cross-defendant in July 2017. It has presumably been preparing to defend itself against the cross-complaint for the last 9 months. Laguna Crest has not explained how the proposed FAC raises any new issues that were not already raised ...

Excerpt: ...'s demurrer is SUSTAINED without leave to amend as to the 6th cause of action and otherwise OVERRULED. Zwerling shall file and serve an answer, if at all, within 10 days. 1st cause of action, breach of contract. The FACC states facts sufficient to constitute this claim. (See Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 830 [elements].) Zwerling has not shown the FACC fails to adequately allege his liability on the note as the alter ego of I...

Excerpt: ...7-930107 – especially if the cases are consolidated. Denying the motion would not seem to prejudice plaintiffs, who are already identical claims in identical capacities against identical defendants in Case No. 30-2017-930107. Can we have just one civil action here? ...

Excerpt: ... plaintiff consented to one procedure (tubal ligation) but defendants performed another (bilateral salpingectomy). (See Cobbs v. Grant (1972) 8 Cal.3d 229, 242; Conte v. Girard Orthopaedic Surgeons Medical Group (2003) 107 Cal.App.4th 1260, 1267; Saxena v. Goffney (2008) 159 Cal.App.4th 316, 324-325; see also FAC ¶¶ 11-12.) The FAC can be “liberally construed” (Code Civ. Proc. § 452) to allege plaintiff did not understand she was even bein...

Excerpt: ...ably respond.” (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) Any “ambiguities can be clarified under modern discovery procedures.” (Ibid.) 5th cause of action, fraudulent concealment. The FAC states facts sufficient to constitute this cause of action. (See Prakashpalan v. Engstrom, Lipscomb & Lack (2014) 223 Cal.App.4th 1105, 1131; see also FAC ¶¶ 58-66.) The claim is not incomprehensibly uncertai...

Excerpt: ...o constitute this cause of action. Plaintiff has sufficiently identified the trade secrets. (See Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1453 [standard]; see also FAC ¶ 12; accord 11/28/16 order [granting preliminary injunction].) 2nd-6th causes of action. The California Uniform Trade Secrets Act preempts the causes of action as currently alleged for interference with prospective economic advantage, interference with contract, bre...

Excerpt: ...e or in person with plaintiff's counsel in a good-faith effort to resolve the issue. (Code Civ. Proc., § 4310.41, subd. (a).) Other motions Motion to strike complaint is taken off calendar. (See 11/16/17 FAC.) Demurrer and motion to strike FAC taken off calendar at parties' request ...

Excerpt: ...Group 2018) § 5:420.) Obtaining relief under that statute does not require plaintiff to re-serve. It merely allows defendant “to defend the action” (Code Civ. Proc., § 473.5, subd. (c)) by way of an answer or other response that must accompany the motion. (Code Civ. Proc., § 473.5, subd. (b).) Defendant shall give notice. ...

Excerpt: ...ntion raised.”'” (Taylor v. Nabors Drilling USA, LP (2014) 222 Cal.App.4th 1228, 1251 [declining to apportion plaintiff's attorney fees claim-by- claim].) “‘“[E]mployment discrimination cases, by their very nature, involve several causes of action arising from the same set of facts.”'” (Ibid.) Here, plaintiff presented related workplace discrimination claims and recovered $176,000. He should recover all of his reasonably necessary f...

Excerpt: ...omplaint within 14 days. 2nd-3rd causes of action, negligence per se. This is an evidentiary presumption, not a cause of action. (See Quiroz v. Seventh Ave. Center(2006) 140 Cal.App.4th 1256, 1286.) 4th-5th causes of action, gross negligence. “California does not recognize a distinct common law cause of action for gross negligence apart from negligence.” (Jiminez v. 24 Hour Fitness USA, Inc. (2015) 237 Cal.App.4th 546, 552, fn. 3.) 6th cause ...

Excerpt: ...15 Cal.App.4th 874, 893.) The court declines the invitation to review the un-redacted document in camera. (Cf. Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 767.) Symphony's unopposed request to seal is GRANTED. (See Cal. Rules of Court, Rule 2.550(a)(3). Exhibits A, E, & N of the Kao declaration shall be SEALED. Sanctions were not noticed or requested. None are imposed. Symphony shall give notice. Motion to Compel Cross-defenda...

Excerpt: ...counsels' emails is that defendant agreed to extend plaintiff's time to respond only to other written discovery. The parties agreed to “a reciprocal extension regarding Plaintiff's responses to Defendants' Third Set of Discovery.” (Stone Decl. Ex. 2, emphasis added.) They “agreed Plaintiff's deadline to respond to the subject discovery is continued from Aug. 15th to Aug. 23rd.” (Ibid., emphasis added.) On August 23, plaintiff's counsel so...

Excerpt: ..., Alice Haddadin, Theresa Messersmith, and Franco Olmedo's motion to expunge lis pendens is DENIED. The substantive request is moot. Plaintiff removed the disputed notice of lis pendens after defendants filed this motion. The attorney fee request is not moot. But it is DENIED. The court will not allow "recovery of attorney fees for work performed by out-of-state counsel who represented [defendants] in California but who had not been admitted pro ...

Excerpt: ...2nd cause of action, Civil Code 2923.7. The FAC states facts sufficient to constitute this cause of action. 3rd cause of action, Rosenthal Fair Debt Collection Practices Act violation. The FAC fails to state facts sufficient to constitute this cause of action. The statute is inapplicable to the foreclosure activity alleged in the FAC. (See Pfeifer v. Countrywide Home Loans, Inc. (2012) 211 Cal.App.4th 1250, 1264; Fontenot v. Wells Fargo Bank, N.A...

Excerpt: ...counsels' emails is that defendant agreed to extend plaintiff's time to respond only to other written discovery. The parties agreed to “a reciprocal extension regarding Plaintiff's responses to Defendants' Third Set of Discovery.” (Stone Decl. Ex. 2, emphasis added.) They “agreed Plaintiff's deadline to respond to the subject discovery is continued from Aug. 15th to Aug. 23rd.” (Ibid., emphasis added.) On August 23, plaintiff's counsel so...

Excerpt: ...e protected or permissive phase at the time of the accident. If the traffic signal was in the protected phase, then the City's use of a “protected-permissive” signal instead of a “protected-only” signal may not be a substantial factor in causing the accident. Moreover, defendant failed to show no triable issue exists as to all pleaded dangerous conditions. Its motion does not address the contribution of the “roadways” to the accident....

Excerpt: ...s that covers plaintiff's claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413.) In fact, the parties seem prepared to stipulate to binding arbitration on these terms:  the arbitrator shall be Judge Russell Bostrom (ret.) with Judicate West  the arbitration will be “conducted in the same manner as a bench trial and the California Code of Civil Procedure shall apply ...

Excerpt: ... the merits of the case.'” (Factor Health Management, LLC v. Superior Court (2005) 132 Cal.App.4th 246, 251.) Defendants filed written opposition and appeared at the hearing without stating they were making only a special appearance. Nor did they otherwise contest personal jurisdiction. And they did not file this motion to quash until 21 days after the 10/30/17 hearing. The clerk shall give notice. ...

Excerpt: ...d [they] ultimately will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction.'” (Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443, 1449.) Plaintiffs may have shown some likelihood of prevailing to some extent on their claims. But their alleged losses could be “adequately compensated by a judgment for money damages.” (Abrahms v. St. Johns Hosp. & Health Ctr. (1994) 25 Cal...

Excerpt: ...f met his burden to show the arbitration agreement is too unconscionable to be enforced. (Code Civ. Proc., § 1281.2(b).) Plaintiff showed the arbitration agreement is procedurally unconscionable because it was obtained under duress. (See AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, 1746 [FAA preserves generally applicable state law contract defenses]; Civil Code, §§ 1567 [unconscionability], 1670.5(a) [duress].) Plaintiff credibly de...

Excerpt: ...e ambiguous. Its initial responses imposed unilateral limitations. Its supplemental responses do not fully clarify whether other documents responsive to the original, unqualified requests are in its possession, custody, or control. Defendant shall pay $1500 in discovery sanctions to plaintiffs within 30 days. The motion is otherwise DENIED. Requests #1-2, 5-9, 13, 16-20, 23-24, 34-36, 39, & 43. Defendant's supplemental responses fully clarify it ...

Excerpt: ...cause of action for contractual indemnity. “This ruling finally adjudicates this case. The complaint was previously dismissed. (See 10/7/15 requests for dismissal.) Cross-complainant has now obtained judgment on the pleadings on the sole remaining cause of action. “Cross-complainant shall prepare, served, and submit a proposed judgment.” ...

Excerpt: ...that unless properly scheduled (Cusano v. Klein (9th Cir. 2001) 264 F.3d 936, 945- 946). A debtor who files bankruptcy is no longer the real party in interest, and lacks standing to proceed on claims belonging to the bankruptcy estate. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 1004.) Finally, plaintiff failed to show the underlying judgment awarded contractual attorney fees. (See Code Civ. Proc., §§ 685.040, 1033.5(a)(10)(A); ...

Excerpt: ...ded complaint within 14 days. 1st cause of action, equitable estoppel. The FAC fails to state facts sufficient to constitute this claim. “A stand-alone cause of action for equitable estoppel will not lie as a matter of law.” (Behnke v. State Farm General Ins. Co. (2011) 196 Cal.App.4th 1443, 1463; accord Money Store Investment Corp. v. Southern Cal. Bank (2002) 98 Cal.App.4th 722, 732.) 2nd cause of action, injunctive relief. The FAC fails to...

Excerpt: ...r has withdrawn the subpoena. (See Opp. at p. 3.) Anaheim Capital Partners shall give notice. Motion to Quash Metropolitan Acoustics Subpoena House of Blues Anaheim Restaurant's motion to quash Delia Hauser's subpoena to Metropolitan Acoustics on September 11, 2017, is DENIED as moot. Hauser has withdrawn the subpoena. (See Opp. at p. 3.) House of Blues shall give notice. Motion to Quash Veneklasen Subpoena +3 Anaheim Capital Partners, Arcturus M...

Excerpt: ...§§ 1792, 1791.1, 1791(a); Mega RV Corp. v. HWH Corp. (2014) 225 Cal.App.4th 1318, 1335-1337 [implied warranty generally inapplicable to components that are not “‘stand-alone product[s]'”]; see also Def. SSUF #4-5, 19-26, 28; Pl. Opp. at 12:23 [slide out and steps], 14:4 [same].) The complaint states the 1st cause of action is asserted only against another defendant, Evergreen Recreational Vehicles. But even if the complaint is construed a...

Excerpt: ... SETS a status conference re binding arbitration for 9/10/18 at 10 am in Dept. C- 12. Defendant Roth Staffing met its burden to show a written arbitration agreement exists that covers plaintiff's claims against it and provides for arbitration pursuant to the FAA. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Shepard v. Edward MacKay Enterprises, Inc. (2007) 148 C...

Excerpt: ...87.2.) At the outset, defendant failed to show it properly served the subpoena on Orange Coast Women's Medical Group. (See Code Civ. Proc., §§ 1985.3, subd. (b)(1), (3), 1013, subd. (a).) More basically, both subpoenas are woefully overbroad and unjustifiably seek protected private information. (See Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014; see also Vinson v. Superior Court (1987) 43 Cal.3d 833, 841.) Defendant failed to show the...

Excerpt: .... (b).) If full information is not yet available, plaintiff must “reveal all information then available to” him. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 782.) He may not simply “assert[] [his] inability to respond.” (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 406.) And plaintiff has not met his burden to justify his objections. (Coy v. Superior Court (1961) 58 Cal.2d 210, 220-221...

Excerpt: ...c]ontain the captions of all the cases sought to be consolidated” in their notice of motion. (Cal. Rules of Court, rule 3.350(a)(1)(B).) Finally, plaintiffs failed to file this motion in any to-be-consolidated case, along with a proof of service on the defendants in any such case. (Cal. Rules of Court, rule 3.350(a)(2)(B), (C).) Plaintiffs shall give notice. ...

Excerpt: ... an ordinary or heightened duty, plaintiff has a single primary right to be free from the harm suffered when defendant allegedly caused plaintiff to fall from the tow truck. That invasion of a single primary right supports one cause of action for negligence. Plaintiff may amend the complaint to allege alternate legal theories and alternate duties of care within that one cause of action for negligence. Defendant shall give notice. ...

Excerpt: ...(See 2/22/18 minute order.) The FAC “supersedes all prior complaints,” which “cease[] to have any effect either as a pleading or as a basis for judgment.” (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130-1131.) Thus, “the filing of an amended complaint moots a motion directed to a prior complaint.” (Id. at p. 1131.) The court declines defendant's request (made at the 2/22/18 hearing and now preserved f...

Excerpt: .../16/18 at 3 pm. The court will nominate 5 persons from those lists and give notice to the parties. The parties shall then have 5 days to file and serve a notice of their joint selection of arbitrator. If the parties fail to timely file such a notice, the court will appoint one of the 5 nominees as arbitrator. (See Code Civ. Proc., §§ 1281.3, 1281.6.) If the parties fail to timely propose any arbitrators in the first place, the court will appoin...

Excerpt: ...sic evidence shows the parties reached anything but the usual understanding regarding costs. At any rate, defendant did not prevail on the only contract claim. Plaintiff did, albeit with a nominal recovery. Defendant prevailed on a non- contract claim that is not subject to the costs provision (which is unilateral, anyway). (See Brown Bark III, L.P. v. Haver (2013) 219 Cal.App.4th 809, 828 [Civ. Code § 1717 does “not make a unilateral provisio...

Excerpt: ...aintiffs' responses to the disputed form interrogatories were incomplete, evasive, or otherwise improper. (See, e.g., Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783- 784.) Defendant shall give notice. Motion to Compel re Special Interrogatories Defendant Select Portfolio Servicing, Inc.'s motion to compel further responses to special interrogatories is GRANTED. Plaintiffs Christopher C. Becker and Debra A. Becker shall serve complete, code- comp...

Excerpt: ...Plaintiff shall file and serve a clean, non-redlined version of the proposed FAC attached to counsel's declaration as Exhibit A within 10 days of this order. Plaintiff shall give notice. ...

Excerpt: ... mediation provisions, to whatever extent those provisions condition an attorney fee award on completing pre- dispute mediation. It would be unreasonable to discount the attorney fee award because PatentRatings did not prevail on its declaratory relief claim. It did prevail on other claims addressing inextricably intertwined issues. (See Reynolds Metals Co. v. Alperson (1979) 25 Cal. 3d 124, 129- 130; Thompson Pacific Construction. Inc. v. City o...

Excerpt: ...amages and foreclosure on security). First, defendants have shown a defect of parties. (Code Civ. Proc., § 430.10, subd. (d).) Plaintiff should name Jerry Monroe's estate as a party. The FAC alleges defendants Nicole Seymour and Jeff Seymour failed to repay a loan from plaintiff and Jerry Monroe, which was secured by Jerry Monroe's shares in defendant Towne. (That is not a typo. The FAC alleges Jerry Monroe pledged his own shares to secure a loa...

Excerpt: ...certain. (Code Civ. Proc., § 431.10, subd. (f).) It lacks any “statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) Instead, it is cluttered with confusing conclusions and citations. Plaintiff fails to show a reasonable possibility of curing the defects. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Plaintiff has not cured these lingering defects despite repeated orders ...