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: ...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: ... (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: ...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: ...to such papers.” (Weil & Brown, Cal. Prac. Guide: Civil Proc. Before Trial (The Rutter Group 2022) ¶ 9.53.1a.) Relevant Facts It is undisputed that on or about 11/17/2017, Defendant filed an action against The Discovery Fund LLC, The Freedom Fund LLC, The Victory Fund LLC, and The Adv antage Fund LLC (“The Funds”). (See Def.'s Sep. St. No. 1.) That action was arbitrated, and on 08/30/2019, the Arbitrator issued a Final Award in favor of T...

Excerpt: ...idge's founder and president, Defendant, John Prichard. (Complai nt, ¶¶ 3, 16.) The stockholders were subject to a Stockholders Agreement, which contained an express and strict confidentiality provision. While the stockholders were permitted to share Plaintiff's confidential and proprietary information with their inves tment advisors for the sole purpose of obtaining investment advice, the Defendants used said information to solicit new busin...

Excerpt: ... partially GRANTED with leave to amend. A. Legal Standard on Demurrer “Th e party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitut e a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous ...

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...

Excerpt: ...ously filed in this case. . “[A]ll that is nec essary is to call the court's attention to such papers.” (Weil & Brown, Cal. Prac. Guide: Civil Proc. Before Trial (The Rutter Group 2022) ¶ 9.53.1a.) Legal Standard “Summary judgment shall be granted if all the papers submitted show that there is no tri able issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Civil Proc. Code, § 437c, su...

Excerpt: ...laintiffs Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “D ebtors”). On 09/14/2023, Judgment Creditors Mark Adams and Julie Thornton -Adams issued a subpoena to Sterling BMW demanding production by 10/13/2023 of...

Excerpt: ...ry injunction enjoining Defen dants and their agents from selling, transferring, or encumbering any of the assets of the parties' partnership without prior notice to and approval of the parties. (ROA 119.) On October 9, 2023, in connection with settling a separate lawsuit involving claims between KBS Holdco, LLC dba Regency Outdoor Advertising (“Regency”) and Defendant Glenn Emanuel, Regency purchased the ownership interests in the Defendant ...

Excerpt: ...uperior Court (2019) 32 Cal.App.5th 1213. On 06/06/2023, the court entered default judgment in favor of Judgment Creditors/Plainti
¯s Mark Adams and Julie ThorntonAdams (the “Judgment Creditors” or “Creditors”) and against the Defendants/Judgment Debtors Rajesh Gupta and Sarita Gupta, as Trustee of the 1996 Rajesh Kranti Gupta Family Irrevocable Trust dated August 15, 1996 (the “Judgment Debtors” or “Debtors”). On 08/23/2023, Jud...

Excerpt: ...egoing exhibits, and Defendant's unredacted October 24, 2023, Opposition, are sealed. [ROA # 910, 916-921, 941] Statement of Law “Unless conÞdentiality 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 Þled under seal without a court order. The court must not permit a record to be Þled under seal based solely on...

Excerpt: ...021, order of dismissal, 3) the Court of Appeal's Opinion, and 4) the April 25, 2023, judgment dismissing the arbitration. The Court grants the request for judicial notice. (Evid. Code § 452(d).) Evidentiary Objections Defendant Þled objections to the declaration of Patrick Ergina. The Court declines to rule on these objections because they are not material to the disposition of the motion. ( C o d e C i v. Pro c. § 4 3 7 c( q ) .) G en eral P...

Excerpt: ...osed to be added to the previous pleading, if any. (Cal. Rules of Ct., Rule 3.1324(a).) The motion must also be supported by a declaration that speciÞes: (1) the e
¯ect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Ct., Rule 3.1324(b).) The court Þnds the motion and...

Excerpt: ...cy of the a
¯ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi
¯ 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 su
¯iciency of the complaint, a court will not consider facts that have not been alleg...

Excerpt: ... any one or more of the following grounds: … (e) The pleading does not state facts su
¯icient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f); see Code Civ. Proc., § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against wh...