Excerpt: ...contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Cause of Action 2: Sexual Harassment To allege a claim for hostle work environment, plaintiff must plead 1) plaintiff belongs to a protected group; (2) plaintiff was subject to unwelcome sexual harassment; (3) the harassment complained of was based on sex; (4) the harassment complained of was sufficiently pervasive so as to alter the conditions of...

Excerpt: ...pear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." (CCP S438(d).) "In reviewing the motion, [the Courtl deem[s] true all properly pleaded material facts, but not contentions, deductions, or conclusions of fact or law, and we may also consider judicially noticed matters. [Citation.]" (Bear Creek Master Assn. v. Southern California Investors, Inc. (2018) 28 Cal.App.5th 809, 817.) ...

Excerpt: ...nd the declarations then provide page and line references for the identified exhibits. The Motion thus adequately complies with the requirement. On the merits, TIC has shown that the subject curb where Plaintiff fell was not a "dangerous condition" as a matter of law. The uncontradicted evidence reflects that it was and comports with industry standards. (UF 19, 20.) Whether a condition is dangerous may be resolved as a question of law if reasonab...

Excerpt: ...that it is reasonably probable it will prevail on the merits. (San Francisco Newspaper Printing Co. v. Superior Court (1985) 170 Cal.App.3d 438, 442; Weil & Brown, 9:632.1.) Additionally, "[i]n deciding whether to issue a preliminary injunction, a trial court we-ghs two interrelated factors: [1] the likelihood the moving party ultimately will prevail on the merits, and [2] the relative interim harm to the parties from the issuance or noninsurance...

Excerpt: ... Sales, Inc. ("Truxas") is off calendar per notice of withdrawal at ROA 464. The Second Amended Motion On 04/10/23, after Engs had filed ffs opposition to Emilio's initial MS] filed 10/11/22, the court continued the hearing on the initial MSJ to 08/28/23. The court's minute order did not authorize Emilio to file an amended motion. Emilio also never sought leave of court to file an amended motion. Thus, at that point, Emilio's options were to file...

Excerpt: ... be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable that the defect can be cured by amendment." (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Here, the only allegations asto Defendant Wag Labs, Inc. ("Defendant" or "Wag ...

Excerpt: ...ndant O Hill as well. As a preliminary matter, Defendants request judicial notce of a number of court records in the underlying family law matter, as well as the Complaint in this case. That request is unopposed, and the request for judicial notice is granted. In ruling on a special motion to strike made under S 425.16, the trial court engages in a two-step process. "First, the defendant must establish that the challenged claim arises from activi...

Excerpt: ... paying attention. As the result, Defendant allegedly hit the rear of Plaintiff's vehicle, which had been stopped at a light, causing Plaintiff damages. Plaintiff sought punitive damages as part of the Complaint. Defendant moved to strike the punitive damage language pursuant to Civ. Proc. Code SS 435, 436, and 431.10(b)(2). he availability of punitive damages is laid out in Civ. Code S 3294 and requires sufficient allegations of malice, oppressi...

Excerpt: ...idered the Opposition papers filed on 9/25/23, as they would otherwise have been timely. But the Court will not consider Buyers' additional submissions filed on 9/29/23, as they were plainly untimely, and effectively deprived Seller of an opportunity to respond thereto. On the merits, both sides ask the Court to "enforce" their settlement agreement (the "Agreement") in accordance with C.C.P. S 664.6. However, Seller asks the Court to enter a Judg...

Excerpt: ...low, Motion 1 is DENIED. Motion 2 is GRANTED, but with reduced sanctons. Moton 3 is GRANTED in part, deemed MOOT in part, and DENIED as to sanctions. MOTION 1 Sanctions are warranted when there are "[m]isuses of the discovery process," such as "[flailing to or to submit to an authorized method of discovery" or "[d]isobeying a court order to provide discovery." (C.C.P. SS 2023.010; 2023.030.) C.C.P. S 2030.290(c) [re rogs] provides that if a party...

Excerpt: ... recovery of punitive damages." (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 405) "The plaintiff must also allege (and ultimately prove by clear and convincing evidence) that the neglect caused the elder or dependent adult to suffer physical harm, pain or mental suffering. (Citations omitted) Finally, the facts constituting the neglect and establishing the causal link between the neglect and the injury "must be plea...

Excerpt: ... Core Lending's demurrer as to the first cause of action for quiet title as alleged in the Second Amended Complaint on the grounds that the first cause of action is not brought against Core Lending. The demurrer is again OVERRULED as to the first cause of action for quiet title on the same grounds. Second cause of action for breach of contract. The second cause of action is for breach of contract. The elements of the cause of action are the exist...

Excerpt: ...iency of factual allegations in a complaint." (Rakestraw v. Cal. Physicians' Service (2000) 81 Cal.App.4th 39, 42.) Plaintiffs' well-pleaded facts are assumed to be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable possibili...

Excerpt: ...sserts a claim for "Fraud and Deceit." Where fraud is alleged, every element must be alleged in full, factually and specifically. The policy of liberal construction of pleading will not be invoked to sustain a pleading defective in any material respect. (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157.) The particularity requirement necessitates pleading facts that show how, when, where, to whom, and by what means the repr...

Excerpt: ...azavi's ("Mortazavi") various responses to sets two and three of requests for production. A motion to compel further responses is proper under certain circumstances as laid out in Civ. Proc. Code S 2031.310(a). RFP, Set Two: RDI seeks Primevere and Zibasara's further responses to RFP Nos. 106, and Mortazavi's further response to RFP No. 111. These requests and the responses thereto are identical. The issue here is that RD' seeks documents relatin...

Excerpt: ...n — Elder Abuse Elder abuse is defined in Welfare & Institutions Code section 15610.07 as physical abuse, neglect, abandonment, isolation, abduction or other treatment resulting in physical harm, pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welt & Inst. Code S 15610.07(a)(1)-(2).) Neglect is defined in secton 15610.57 as "[tlhe negligent fai...

Excerpt: ... summary judgment, a plaintiff has met its burden of showing that there is no defense to a cause of achon if it has proved each element of the cause of action entitling the party to judgment on the cause of action. Code Civ. Proc. S 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. Code Civ. Proc. ...

Excerpt: ...dequately met and conferred with Defendant to attempt to resolve this dispute, Specifically, it appears from the Opposition that: (a) Plaintiffs are asserting that they were obligated under the "agreement" at issue to fund only the first and second deposits under the two relevant purchase and sale agreements, in the maximum total sum of $500,000; (b) Plaintiffs are not asserting that they personally had sufficient resources to fund those first an...

Excerpt: ...fy, could and would testify competently to them" and that the documents are "true and correct copies" of what they are purported to be. This is simply not sufficient to authenticate these documents. (Evid. Code S 1401(a); Cont'l Baking Co. v. Katz (1968) 58 Cal. 2d 512, 525—26.) Major's declaration also shows a lack of personal knowledge regarding the authenticity of the documents. (Evid. Code S 702.) Major states that he has personal knowledge...

Excerpt: ...f limitations. As such, the arguments and oppositions are essentially identical and the court will issue a combined ruling as to both Defendants' demurrers. Pursuant to Civ. Proc. Code SS 430.10(e) and 340.5, both demurrers are SUSTAINED without leave to amend. "A complaint showing on its face the cause of action is barred by the statute of limitations is subject to general demurrer." (Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 76 Cal. Ap...

Excerpt: ...be performed by the parties. Defendant contends that Plaintiff's failure to specify the terms of the contract creates ambiguity as to what the agreement entails, making it difficult for Defendant to ascertain what the claims are as against Defendant and thus the claim is uncertain and unintelligible. A demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the pleading, but is directed at the uncertainty ...

Excerpt: ...arity "plaintiff's efforts to secure from the board such action as plaintiff desires, or the reasons for not making such effort." To evaluate a demand futility claim in a shareholder derivative action, court must be apprised of facts specific to each director from which it can conclude that that particular director could or could not be expected to fairly evaluate claims of shareholder. (Shields v. Singleton (1993) 15 Cal.App.4th 1611.) Here, Pla...

Excerpt: ...asonably certain." (Lindsay v. Lewandowski (2006) 139 Cal.App.4th 1618, 1623.) With respect to claims premised upon a contract, a complaint must either: (a) set forth the terms of the contract verbatim; or (b) attach a copy of the contract and incorporate it by reference. (Harris v. Rudin, Richman & Appel (1999) 74 Cal. App. 4th 299, 307 ("If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the bo...

Excerpt: ...11, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable possibility that the defect can be cured by amendment." (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Defendant bases this demurrer on the premise that "Directors or officers of a corporation do not incur personal liability for torts of the corporation merely by reason of their offcial position, unless they participate in t...

Excerpt: ...g (hereafter, the "XDs") ("Motion 3" below); and (2) an additional Petiton to Vacate Arbitration Award, filed on 7/26/23 by Buyer ("Motion 4" below). For the reasons discussed below, Motion 1 is GRANTED; Motons 2 and 4 are DENIED; Motion 3 is thus MOOT. Motion 1 presents a request to confirm the underlying "Final Award," which comports with C.C.P. S 1285.4. The court thus must confirm that Award as made, unless "in accordance with this chapter it...