Excerpt: ...ne [ROA # 1024 ], and Exhibits B, C, I, J, K, L, M, and N to the Wayne Declaration [ROA # 1025 -1032], are sealed. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based sol...

Excerpt: ...cords are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum.” (Code Civ. Pro c., § 1985.3, subd. (g).) “Personal records” include “any copy of books, documents, other writings, or electronically stored information pertaining to a consumer and which are ma...

Excerpt: ...Defendant Co ldwell Banker Realty's demurrer is OVERRULED as to the fourth cause of action. The demurrer of Defendants Marlene Goren, Shari Ten Eyck, and Ten Eyck Real Estate to the eight cause of action is OVERRULED. The motions to strike the punitive damages allegations are DENIED. Facts/Overview On November 13, 2023, Plaintiff Charles Castro filed the operative Second Amended Complaint against Defendants: • Cies Family Trust, the owner of a...

Excerpt: ... 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 §§ 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, ...

Excerpt: ...ers, directors, managing agents, employees, or agents o f entity deponents who are most qualified to testify on its behalf].) If the party being deposed objects to the deposition notice, it must object to same at least three calendar days prior to the date for which the deposition is scheduled. (Code Civ. Proc. , § 2025.410, subds. (a) & (b).) “If, after service of a deposition notice, a party to the action or an officer, director, managing a...

Excerpt: ...een filed may object, by demurrer or answer as provided in S ection 430.30 , to the plead ing on any on e or more of the followin g grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous a nd unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be...

Excerpt: ...nly objections. (Jenkins Decl. ¶ 4, Ex. B.) Defendant initiated the meet and confer process on 11/01/2023 and demanded further responses and responsive documents no later than Monday 11/13/2023. (Jenkins Decl. ¶ 5, Ex. C.) On Thursday 11/09/2023, Plaintiff asked for a 30- day extension to respond. (Jenkins Decl. ¶ 6, Ex. D.) Defendant compromised by offering a three -day extension to Thursday 11/16/2023. (Jenkins Decl. ¶ 7, Ex. E.) Plaintiff ...

Excerpt: ...ting sanctions against anyone engaging in conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030, subds. (a) -I.) Misuse of the discovery process includes, but is not limited to, using a discovery method in a manner that does not comply with its specified procedures, employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, or oppression, or undue burden, failing to submi...

Excerpt: ...tions in the pleading o r the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demu rrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from ...

Excerpt: ...nswer. (ROA Nos. 3233; see ROA No. 23.) Code of C ivil Procedure section 472 provides: “Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, ….” In Barton v. Khan (2007) 157 Cal.App.4th 1216, a shareholder who was a former emplo...

Excerpt: ...he factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 14041405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) A demurrer tests only the sufficiency of the complaint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferre...

Excerpt: ...ler Agreement and Personal Guarantors breached the personal guaranty. F or the following reasons, UACC's motion is DENIED in its entirety. Relevant Facts Plaintiff purchases automotive retail installment contracts from car dealerships. (Compl. ¶ 9; Reza Decl. ¶ 2.) On or about January 20, 2022, UACC and Galaxy Auto Sales en tered into a written agreement entitled the “United Auto Credit Corporation Independent Dealer Agreement” (the “Deal...

Excerpt: ...e neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, d ismissal, order, or proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief fro...

Excerpt: ... (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tam ir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. Rules of Court, rule 2.551(a) . ) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the reco...

Excerpt: ...ections. (Jenkins Decl. ¶ 4, Ex. B.) Defen dant initiated the meet and confer process on 11/01/2023 and demanded further responses and responsive documents by Friday, 11/10/2023. (Jenkins Decl. ¶ 5, Ex. C.) One day before that deadline, Plaintiff asked for a 30 -day extension to respond. (Jenkins De cl. ¶ 6, Ex. D.) Defendant compromised by offering an extension to Monday 11/13/2023 —effectively a one- court- day extension. (Jenkins Decl. ¶...

Excerpt: ...d a Complaint on 9 -21 -22 against Defendants, SRC -PH Investm ents, LLC; Sunrise Pacific Construction; Sunranch Capital Partners, LLC; Baldwin & S ons, Inc.; Baldwin & S ons, LLC; Shawn M. Baldwin; Randall G. Bone; and Jose Capati for (1) Breach of Contracts; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Breach of Express Warranties; (4) Breach of Implied Warranties; (5) Negligence; (6) Misrepresentations; (7) Express Indem...

Excerpt: ...plemental Declaration, are sealed. [ROA # 958 -967] St atement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court orde r. The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.” (Cal. ...

Excerpt: ...ections. (Jenkins Decl. ¶ 4, Ex. B.) Defen dant initiated the meet and confer process on 11/01/2023 and demanded further responses and responsive documents by Friday, 11/10/2023. (Jenkins Decl. ¶ 5, Ex. C.) One day before that deadline, Plaintiff asked for a 30 -day extension to respond. (Jenkins De cl. ¶ 6, Ex. D.) Defendant compromised by offering an extension to Monday 11/13/2023 —effectively a one- court- day extension. (Jenkins Decl. ¶...

Excerpt: ...t are legitimately in dispute and pertinent to the di sposition of the summary judgment motion. (Reid v. Google, Inc.  (2010) 50 Cal.4th 512, 532 -533; accord, Cohen v. Kabbalah Centre Internat., Inc. (2019) 35 Cal.App.5th 13, 20 -21.) Standard for Summary Judgment “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties ' pleadings in order to determine whether, despite their allegations, t...

Excerpt: ...tion 877 provides in pertinent part: “Where a release ... is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co -obligors mutually subject to contribution rights, it shall have the fo llowing effect: [¶] (a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the oth...

Excerpt: ...s a cause of action. Hahn v. Mirda (20 07) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or v ia proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the plea...

Excerpt: ...lenges only the legal sufficiency of the affected plead ing, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404 -05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider ...

Excerpt: ...of proof to establish facts showing effect ive service. (Summers v. McClanahan (2006) 140 Cal. App. 4th 403, 413; Dill v. Berquist (1994) 24 Cal. App. 4th 1426, 1439 -40.) Code Civ. Proc. § 415.20(b) covers substitute service on individual defendants and on entity defendants. Substitute service o n an entity, where the physical address of the entity is known, involves 1) leaving a copy of the summons and complaint in the office of the person aut...

Excerpt: ... 17.) Subsequently, on November 27, 2023, Defendants filed the insta nt anti-SLAPP Motion. (ROA No. 26.) The hearing for this motion is set for February 21, 2024. On February 14, 2024, the Court sustained Defendants' demurrer to the Complaint's second through sixth causes of action and granted leave to amend. (ROA No. 89.) In Oakland Bulk and Oversized Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738, a company sued the City of Oakland...

Excerpt: ...lication for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein1, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, or d e r, o r proceeding was taken.” (Code Civ. Proc., § 473, subd. (b).) The court has wide discretion to grant relief under the statute authorizing relief from a proceed...