Excerpt: ...or sanctions is DENIED. Motion Two Plaintiff moves to compel responses without objections to Form Interrogatories Set One and for Monetary Sanctions against Defendant Lisa Zawistoski (“Motion Two”). (ROA 38.) For the following reasons, Motion Two is DENIED AS MOOT, and the request for sanctions is DENIED. Motion Three Plaintiff moves to compel responses without objections to Special Interrogatories Set One and for Monetary Sanctions against D...

Excerpt: ...rally Code of Civil Procedure Section 437c(p)(1) provides: A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross- defendant to show that a triable issue of one or mor...

Excerpt: ...128.5 provides the trial court with a mechanism to sanction certain bad faith actions and tactics.” (CPF Vaseo Associates, LLC v. Gray (2018) 29 Cal.App.5th 997, 1000 [footnote omitted].) “A motion for sanctions, like a motion for attorney fees, is a matter collateral to the underlying litigation. [Citation.]” (San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, 1315. Section 128.5 provides: (a) A trial court m...

Excerpt: .... . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” “[T]he court's discretion will usually be exercised liberally to permit amendment of the pleadings.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 [citations omitted].) The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. (I...

Excerpt: ...ng Plaintiffs' First Amended Complaint was decided on November 19, 2021 (ROA 360), rendering this motion MOOT. Defendant Saddleback Memorial Medical Center to give notice. Motion to Deem RFAs Admitted (ROA 357) Defendant Gate Three Healthcare, LLC dba Palm Terrace Healthcare and Rehabilitation (“Defendant Gate Three Healthcare”) moves to deemed admitted by Plaintiffs Doreen Lohnes, Jesse Lohnes, Alexander Delfsage Mayla Lohnes, Mariah Daages ...

Excerpt: ... Act, attached as Exhibit B to the Declaration of Cameron N. Verdi. (ROA 101, 105.) Defendant requests that the Court take judicial notice of the default judgment entered in Verdi v. Matrix Solutions, LLC, No. 30-2017-00922930-CU-BC-CJC (Orange County Superior Court). (ROA 48, 50.) In Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCourt (2001) 91 Cal.App.4th 875, 882 (“Lockley”) (internal quotation marks omitted), the appellate co...

Excerpt: ...5(b)(3), the court continued the hearing/ruling on the Demurrer to be heard concurrently with the Motion to Strike on December 8, 2021, at 10:00 a.m., Department N15. Therefore, the tentative rulings for both the Demurrer and the Motion to Strike are included below. Demurrer to Amended Complaint Defendant Casa Pacifica Nursing Center, LLC dba Cambridge Healthcare Services, LLC (collectively, hereinafter “Defendants”) demur to the First Amende...

Excerpt: ...nal filing date of May 26, 2020, and that Defendant's motion addresses the claims as pled in the FAC, the court shall apply this motion for summary judgment to the FAC. 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 s...

Excerpt: ...lowing reasons, the unopposed motion is GRANTED. Request for Judicial Notice Defendant requests the court to take judicial notice of the following: 1. Exhibit A: A true and correct copy of the deed of trust, recorded against the subject property in the Official Records of Orange County on October 18, 2005 as instrument no. 2005000834201. 2. Exhibit B: A true and correct copy of the assignment of deed of trust to BAC Home Loans Servicing LP, fka C...

Excerpt: ...ervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint. (2) Uniting with a defendant in resisting the claims of a plaintiff. (3) Demanding anything adverse to both a plaintiff and a defendant. (c) A nonparty shall petition the court for leave to intervene by noticed motion or ex ...

Excerpt: ...ntiffs' surrender of the vehicle plus a motion for attorney's fees, costs and expenses in which Plaintiffs would be the prevailing party for purposes of the motion. (Id.) Specifically, the record indicates that: WITH REGARD TO FEES, COSTS, AND EXPENSES, PLAINTIFF SHALL BE ENTITLED TO FILE A MOTION AS WELL AS A MEMO OF COST. THAT MOTION AND MEMO OF COST SHALL BE FILED WITHIN 120 DAYS OF TODAY'S DATE. PLAINTIFF WILL BE DEEMED A PREVAILING PARTY IN ...

Excerpt: ...buse and Neglect, fails to state facts sufficient to constitute a cause of action, and 2. The First Cause of Action of plaintiffs' First Amended Complaint, for Elder Abuse and Neglect, is uncertain because it cannot be ascertained from the allegations contained therein on what facts plaintiffs base their claims for relief. (ROA 40.) “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 2...

Excerpt: ... by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen ...

Excerpt: ...evailing party and she is entitled to recover reasonable attorney's fees and costs. (Bradshaw Dec., Ex. A.) Civil Code section 1794, subdivision (a) states: “Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief.” Civil Code Section 1794(d) (“Secti...

Excerpt: ...d such action upon the part of the trial courts as will permit, rather than prevent, the adjudication of legal controversies upon their merits.” (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 255 [citation omitted].) “Thus, the provisions of section 473 of the Code of Civil Procedure are to be liberally construed and sound policy favors the determination of actions on their merits.” (Id. [citation and internal quotation ...

Excerpt: ... state, a court rule or an order of 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 supported by the allegations of the complaint. (Code Civ. Proc., § 431.10 (b).) A motion to strike can also strike legal conclusions. (Weil & Brown, Cal. Prac. Guide, Civil P...

Excerpt: ...tion has been filed affecting title or right to possession of the real property described in the notice.” (Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647 [citation and internal quotation marks omitted].) The notice may be recorded by any party who “asserts a real property claim” in the action. (§ 405.20.) “A lis pendens clouds title until the litigation is resolved or the lis pendens is expunged, and any party acquiring an interest...

Excerpt: ...ction for Setting Aside Trustee Sale; (2) The Second Cause of Action for Cancellation of Deed; and (3) The Fourth Cause of Action for Breach of Agreement. (ROA 2.) Requests for Judicial Notice Defendant requests the court to take judicial notice of the following: 1. Deed of Trust Recorded as instrument number 2018000474058 [(“Item 1”)]. 2. Substitution of Trustee recorded on March 19, 2020 as instrument number2020000123934 [(“Item 2”)]. 3...

Excerpt: ...f his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this in...

Excerpt: ...xpensively meritless lawsuits that threaten free speech on matters of public interest. When it applies, section 425.16 permits a defendant to file a special motion to strike a cause of action (sometimes referred to as an anti-SLAPP motion) within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. (§ 425.16, subd. (f).)” (Newport Harbor Ventures, LLC v. Morris Cerullo World Evang...

Excerpt: ...t the court to take judicial notice of the following: 1. Complaint for Case No. 30-2019-01118696-CU-MM-CTL attached as Exhibit A hereto and to the Notice of Lodgment; 2. Complaint for Case No. 30-2019-01110346-CU-PO-CJC attached as Exhibit B hereto and to the Notice of Lodgment; 3. Stipulation to Consolidate Case No. 30-2019-01118696-CU-MM-CTL and Case No. 30-2019-01110346-CU-PO-CJC attached as Exhibit C hereto and to the Notice of Lodgment; 4. D...

Excerpt: ...demurrer is SUSTAINED WITH FIFTEEN (15) DAYS LEAVE TO AMEND as to the Second, Third, Fourth, and Fifth Causes of Action. “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) 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 s...

Excerpt: ...y Act provides litigants with the right to broad discovery. In general, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. [Citation.] In establishing the statutory me...

Excerpt: ...n, Generally A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has plea...

Excerpt: ...on for Conversion, the Second Cause of Action for Intentional Fraud, and the Third Cause of Action for Negligent Misrepresentation. The Motion to Strike is DENIED AS MOOT, in light of the court's ruling on the Demurrer. “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) In ruling on a demurrer, a court must accept as true all allegations of fact contained in...