Excerpt: ... third and fifth causes of action are uncertain. (Dem., at p. 2.) A special demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by "the inept pleader" are to be forgiven if the pleading contains sufficient facts entitling plain...

Excerpt: ...n a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) plaintiff's performance of the contract or excuse for nonperformance, (3) defendant's breach, and (4) resulting damage to the plaintiff." (Richman v. Hartley (2014) 224 cal.App.4th 1182, 1186; CACI no. 303.) Plaintiff alleges that the parties entered into a settlement agreement. (SAC, at 14, Exh. D.) He has performed all covenants and conditions. (SAC, at 2...

Excerpt: ...k of New York as successor in interest to The Bank of New York, National Association, as Trustee f/b/o holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust 2005-10, Mortgage Pass-Through Certificates, Series 2005-10) ("BNYM") (collectively, "Demurring Defendants") demur to the first, second, third, fifth, and sixth causes of action of Plaintiffs Maximiliana Plascencia and Ariel Higareda's Complaint. Demurring Defenda...

Excerpt: ...le, 'which provides that each party to a lawsuit must ordinarily pay his own attorney fees.'" (Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780, 806 [quoting Trope v. Katz (1995) 11 cal.4th 274, 2781.) Civil Code section 1717 governs fee awards for contractual fee-shifting clauses when an action is on a contract. Civil Code section 1717, subdivision (a) provides in relevant part: In any action on a contract, where the contract specifically provi...

Excerpt: ...n January 6, 2023 (ROA 47.) The dismissal of Bob Baker Automotive, Inc. from the action, does not render the motion to transfer venue moot, as FCA US, LLC has joined the motion. The motion to transfer venue is granted. The parties' requests for judicial notice are granted. (Evid. Code, §§ 452.) Plaintiffs' claims are for violations of the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act, and for breach of implied warranty o...

Excerpt: ... pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” A court ruling on a motion...

Excerpt: ...cial notice of materials previously filed in the case. All that is necessary is to call the court's attention to such papers. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) ¶ 9.53.1a.) Legal Standard A party may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code of Civil Procedure section 2...

Excerpt: ...icial notice of materials previously filed in the case. All that is necessary is to call the court's attention to such papers. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) ¶ 9.53.1a.) Legal Standard A party may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code of Civil Procedure section ...

Excerpt: ...edure and Rules of Court is expected by the court. Defendant's failure to satisfy its pre-filing meet and confer obligation is not a basis to deny the motion. (Code Civ. Proc., § 435.5, subd. (a)(4).) Rather, the motion is denied on its merits. A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a cour...

Excerpt: ... the court. (Code Civ. Proc., § 436.) “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the allegations of the complaint. (Code Civ. Proc., § 431.10, subd. (b).) A motion to strike can also strike legal conclusions. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The ...

Excerpt: ...to comply with the writ of mandate. (12/10/2021 Minute Order.) On July 18, 2022, the Court imposed a second fine for Respondent's failure to comply with the writ of mandate. (7/18/2022 Minute Order.) On August 30, 2022, Petitioner filed the instant motion. (ROA 164.) Petitioner requests a third order fining Respondent for failing to comply with the Court's writ of mandate and sanctions for violating the writ of mandate. Code of Civil Procedure se...

Excerpt: ...ich includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Le...

Excerpt: ... demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452. Although California courts take a liberal view o...

Excerpt: ...responses for the discovery at issue, except for the special interrogatories and requests for production addressed below. (Opp. at pp. 2-3, & fn. 1.) To the extent Defendants have not already served the agreed-to supplemental responses, Defendants are ordered to serve them within 20 days of the notice of ruling. Special Interrogatories to Defendants SNP Pharmacy and Bentzion Mandelbaum In nos. 1 and 8, Plaintiff asked SNP Pharmacy to identify “...

Excerpt: ... the order must contain six specific provisions. The court set a hearing on an order to show cause re: dismissal for July 1, 2022. (4/8/2022 Minute Order.) On April 11, 2022, Defendants submitted the proposed order. (ROA 81.) On April 12, 2022, the court signed the proposed order with changes. Specifically, the order provided in part: “Upon payment of all necessary fees required by law, this matter is transferred to the Superior Court of Califo...

Excerpt: ...cuments are in the court's file in this action. It is not necessary to ask the court to take judicial notice of materials previously filed in the case. All that is necessary is to call the court's attention to such papers. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) ¶ 9.53.1a.) Applicable Law Code of Civil Procedure section 2031.010 provides, in relevant part, that “any party may obtain discovery”...

Excerpt: ...s, she stated under penalty of perjury that: (1) she had been “informed by [her] physician that depending on the results of [her] follow-up appointment, [she] could be ordered to remain on further bed rest and/or bed rest for the duration of [her] pregnancy,” (5/9/2022 de la Piedra Decl., at ¶ 2 [ROA 1003]; Portales Decl., at ¶ 4, Exh. A); (2) she “saw [her] doctor on May 10, 2022 and was placed on bed rest for at least the next four week...

Excerpt: ...39.) The Cross-Complaint asserts two causes of action against Lee: intentional interference with prospective economic advantage and intentional interference with contractual relations. These causes of action are based on allegations of (1) misconduct by Lee when a sushi chef at Niko Niko such that he caused two other sushi chefs to quit, and (2) the filing of his Complaint in this action with lies about Defendants/Cross-Complainants. (Cross-Compl...

Excerpt: ...of Plaintiff's Counsel's Firm Name and Contact Information”. On March 2, 2022, the Clerk's Office rejected the document because the address was not changing, and counsel of record was changing. The Clerk indicated that a substitution of counsel was needed. (ROA 76.) It was not until April 26, 2022 that Trial Lawyers for Justice filed a substitution of counsel on the correct form indicating that Trial Lawyers for Justice was new counsel of recor...

Excerpt: ... to compel. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) ¶ 8:814.) As with discovery generally, deposition questions may relate to “any matter, not privileged, that is relevant to the subject matter . . . if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (Code Civ. Proc., § 2017.010.) As explained in a well-rega...

Excerpt: ...t reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the Complaint is not so unintelligible that Defendants cannot reasonably respond. Any ambiguities can be clarified through discovery. (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th...

Excerpt: ...Cross-Complaint (“FACC”) as the operative pleadings. However, they have failed to file the Third Amended Complaint (“TAC”) and First Amended Cross-Complaint (“FACC”) as ordered by the Court on February 28, 2022. (ROA 458.) The TAC and FACC were attached as exhibits to the Stipulation and [Proposed] Order Re Filing of Amended Pleadings and Scheduling. (ROA 456.) Accordingly, Plaintiff is now ordered to electronically file the TAC no la...

Excerpt: ...ent combinations of the five Defendants. As noted in a well-regarded practice guide, this is not a recommended practice. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) ¶ 9:24.4.) Plaintiff improperly made one reservation for the motion. A single reservation does not properly allot Court resources to address the combined motion. As a result, the motion was divided up to be heard over a number of hearing d...

Excerpt: ...upplemental opposition shall be filed and served no later than nine court days prior to the continued hearing date. Any supplemental reply shall be filed and served no later than five court days prior to the continued hearing date. All supplemental briefs shall be no more than five pages in length. Plaintiff shall give notice of the order and continued hearing. MOTION TO COMPEL ARBITRATION Defendants' motion to compel arbitration is denied. Arbit...

Excerpt: ...that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in q...