Excerpt: ...nciples Re Motion for Judgment on the Pleadings " 'A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same de novo standard of review.' " (People ex rel. Harris v. Pac Anchor Transportation, Inc. (2014) 59 Cal.4th 772, 777; see Marzec v. Public Employees' Retirement System (2015) 236 Cal.App.4th 889, 900 '[b]ecause a moton for judgment on the pleadings is the functional equivalent of a general demurrer, the ...

Excerpt: ...act in which Defendant purchased from Plaintiff's assignor a 2016 Ford-150, VIN FTEWIEP8GKE17123. Plaintiff alleges that it is the holder of a first priority security interest in the motor vehicle. Plaintiff alleges that Defendant is in default and stopped making payments starting from 4/21/2022. There is, as of the time of the complaint, $31,461.60 still owed under the contract. On July 6, 2023, Plaintiff applied for writ of possession ofthe veh...

Excerpt: ...filed a late reply, which the court has also reviewed and considered. A. Legal Standard for Writ of Attachment "Provisional relief in the form of an attachment is available for money claims based on breach of contract." (Pech v. Morgan (2021) 61 Cal.App.5th 841, 854.) Statutory Requirements. A moving party must establish the following for a writ of attachment: Upon the filing of a complaint or anytime thereafter, a plaintiff may apply for a right...

Excerpt: ...1.310(b)(1).) To establish cause," the burden is on the moving party to demonstrate both: (1) relevance to the subject matter (e.g„ how the information in the documents would tend to prove or disprove some issue in the case), and (2) specific facts justifying discovery (e .g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Super. Ct. (1997) 53 Cal.App.4th 1113, 1117.) Specifi...

Excerpt: ...v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) "A party may move for summary judgment in an action or if it is contended that the action has no merit or that there is no defense to the action or (CINIe Civ. Proc., S 437c, subd. (a)(l).) "The motion for summary judgment shall be granted all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law...

Excerpt: ...: Sex Discrimination (FEHA) • C/A 2: Harassment (FEHA) • C/A 3: FEHA Retaliation Plaintiff alleges that while she was an employee for the LLC Defendants, Antonio Perez and other kitchen staff were sexually harassing her. Plaintiff alleges that Perez had previously worked for the LLC Defendants and had been fired for sexual harassment, but was rehired. Plaintiff alleges that because she refused Perez's advancements, Perez refused to help Plain...

Excerpt: ... of Contract, (2) Account Stated, and (3) 800k Account. Plaintiff alleges that it entered into a written commercial agreement with Defendant, where Plaintiff agreed to provide services to Defendant for a fee. (Complaint, 11 & Ex. 1.) The parties signed the agreement on November 23, 2020, and, pursuant to the agreement, Defendant agreed to pay service fees to Plaintiff through April 2024. (ld., "1 12 & 16.) The agreement also provided that Plainti...

Excerpt: ...51-452.) 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 suffciency of the affected pleading, 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 d...

Excerpt: ...pleading on any one or more of the following 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 and unintelligible." (CINIe Civ. Proc., S 430.10, subds. (e) & (f)l ; see S 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) 1 All further statutory references a...

Excerpt: ....30.) A cross-complaint is "related" to the complaint if it arises out of the same transaction, occurrence, or series of transactions or occurrences as the complaint. (Code Civ. Proc., S 426.10(c).) All other cross-complaints are permissive crosscomplaints. Code of Civil Procedure Section 426.50 provides that: "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistak...

Excerpt: ...terminating, issue, evidentiary and/or monetary sanctions in the amount of $6,009.50. Plaintiffs contend that the parties attended an informal discovery conference before the court on July 7, 2023, after which the parties met and conferred. The parties later entered into a stipulation, which the court signed as an Order on August 10, 2023. The Order required Defendant to serve responses to multiple sets of discovery without objection, to produce ...

Excerpt: ...20) 55 Cal.App.5th 136, 145.) "under section 187, the trial court is authorized to amend a judgment to add additional judgment debtors.... As a general rule, 'a court may amend its judgment at any time so that the judgment will properly designate the real defendants.'.... Judgments may be amended to add additional judgment debtors on the ground that a person or entity is the alter ego of the original judgment debtor.... 'Amendment of a judgment t...

Excerpt: ...t to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work ... ." (Code Civ. Proc., S 2030.290(a).) Plaintiff Sunshine Care Centers, LLC shall provide responses, without objections, to Defendant's Form Interrogatories, Set One within 30 days of service of notice of ruling. Defendant's request for sanctions is granted. Sunshine...

Excerpt: ...f Implied Warranty of Fitness, (3) Breach of Express Warranty, (4) Failure to Promptly Repurchase Product, (5) Failure to Commence Repairs Within a Reasonable Time, (6) Failure to Complete Repairs Within 30 days, (7) Failure to Maintain Sufficient Service and Repair Facilities, (8) Failure to Make Service Literature and Parts Available, (9) Advertising Defective Merchandise without Disclosing Defects, (10) Conversion, (11) Negligence, and (12) Vi...

Excerpt: ...e all three actions or, alternatively, to consolidate the instant action (Case 1) with Four Seasons Restoration, Inc. v. Douglas R. oods, et al.; Case No. 30-2021- 01190072 (Case 3). Douglas oods and April 20akum join in the instant moton and, in the alternative, stipulate to consolidate the instant action (Case 1) with Four Seasons Restoration, Inc. v. Douglas R. oods, et al.; Case No. 3C)-2021-01190072 (Case 3). For the following reasons, the m...

Excerpt: ... court's discretion, they are reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (Sanford v. Rasnick (2016) 246 cal.App.4th 1121, 1132; see code Civ. Proc., S Defendant seeks $1,895.00 in filing and motion fees, for: - $435 answer; - $840 for 14 motions in limine; - $500 MS]; and - $120 for two ex parte applications to contnue trial The filing and motion fees appear on their face ...

Excerpt: ...o indication any of the Defendants served objections to the Notices of Taking Deposition. Plaintiff Jennifer Young and Defendants exchanged emails and engaged in a telephonic conference on June 24, 2023. (J. Young Decl. 14.) Following the call, Defendants' counsel sent an email indicating that Defendants do not oppose a deposition. (J. Young Decl. 918, Ex. 11.) Defendants contend, however, that questions regarding a party's immigration status, in...

Excerpt: ...time in its discretion, strike out "any irrelevant, false, or improper matter inserted in any pleading." "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., S 431.10, The grounds for a moton to strike must appear on the face of the pleading...

Excerpt: .... (2001) 25 Cal.4th 825, 843.) "A party may move for summary judgment in an action or proceeding if it is contended that the acton has no merit or that there is no defense to the action or proceeding." (Code Civ. Proc., S 437c, subd. (a)(l)l . ) "The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of...

Excerpt: ...ar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) "A prima facie showing is one that is sufficient to support the position of the party in question." (ld. at 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (CINIe Civ. Proc. ("CCP"), S 437c(p)(2).) The scope of this burden ...

Excerpt: ...the first and fourth causes of action and OVERRULED as to the third cause of action. The demurrer of Defendants Marlene Goren, Shari Ten Eyck, and Ten Eyck Real Estate to the eight cause of achon is SUSTAINED with leave to amend. The motions to strike the punitive damages allegations are GRANTED with leave to amend. FACTS/OVERVIEW On June 15, 2023, Plaintiff Charles Castro filed the operative First Amended Complaint against Defendants: • Cies F...

Excerpt: ...is that a section 998 offer must be strictly construed in favor of the party sought to be subjected to its operation." (Barella v. Exchange Bank, supra, 84 Cal.App.4th at p. 799, 101 Cal.Rptr.2d 167; **849 Elite Show Services, Inc. v. staffpro, Inc., supra, 119 cal.App.4th at p. 268, 14 cal.Rptr.3d 184.) Timed Out LLC v. 13359 corp. (2018) 21 Cal.App.5th 933, 942 [230 Cal .Rptr.3d 842, 848—849] " ' "[Closts" of a civil action consist of the exp...

Excerpt: ...Agreement The Arbitration Agreement at issue prov-des in pertinent part: It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered or not rendered, will be determined by submission to arbitration as provided by the Federal Arbitration Act, 9 U.S.C. Section 1 etseq ("F.A.A.").... It ...

Excerpt: ...ac vice applications. For the reasons set forth below, the Motion to Intervene and the pro hac vice applications are all GRANTED. Pending Motions On April 6, 2023, Gulfstream filed a motion to intervene. Gulfstream argues that mandatory intervention applies because Gulfstream claims an interest in property that is the subjection of this action—the Tooling. Cadence, which is not a party to the contracts that memorializes Gulfstream's alleged own...

Excerpt: ...P Nos. 76-78 request documents relating to the subject store's vault, including the training provided to employees regarding verification of the contents of the vault, policies and procedures regarding verification of the contents of the vault, and policies and procedures for filling out the "Vault Admittance" document. Defendant Costco responded asserting various objections. In its supplemental responses, Defendant Costco states: "Costco is will...