Excerpt: ...igned “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order . . . . This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes.” (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016 [quoting Townsend v. Super. Ct. (1998) 61 Cal....

Excerpt: ... Defendant's MSJ to be heard 07/05/2023. Defendant later decided against filing that motion. (Hernquist Decl. ¶ 11.) Plaintiff's counsel believed that on 06/09/2023, the parties had orally agreed to continue the cross-motions for summary judgment from 07/05/2023 to a date sometime in August. (Mogavero Decl. ¶ 4.) The court notes that the record shows that at that time, neither party had filed an MSJ or cross-MSJ. At some point between 06/09/202...

Excerpt: ...int.” (Code Civ. Proc., § 426.10, subd. (c) [3].) “[T]he phrase ‘related cause of action' in section 426.30 is defined as ‘a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.' [Citation.] Because of the liberal construction given to the statute to accomplish its purpose of avoiding a multiplicity of actions, �...

Excerpt: ...e sixth cause of action of the Cross-Complaint filed by Cross-Complainant Dehong Liu pursuant to Code Civ. Proc. § 425.16. For the following reasons, the anti-SLAPP motion to strike is GRANTED. ---------------------------- Motion # 1 ---------------------------- Demurrer to Cross-Complaint 1. Meet and Confer A party demurring or moving to strike a pleading is required to meet and confer “in person or by telephone” with the party that filed t...

Excerpt: ... The Motion to strike is DENIED. Legal Standard on Demurrer A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to 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 sections...

Excerpt: ...ded 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 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) [1]; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therei...

Excerpt: ...by that date, the motion may be taken off-calendar. A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.) The meet and confer requirement is designed “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order….This, in turn, will...

Excerpt: ...errogatory No. 17.1 states: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible thing...

Excerpt: ...antic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c, subd. (a)(1) [1].) “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 t...

Excerpt: ...uncertain, and/or ultimately fail to plead adequate facts to put Plaintiff on notice of the basis and allegations supporting each of the defenses. Furthermore, affirmative defenses number six (6), and sixteen (16) through twenty-six (26) do not identify the specific cause of action referred to as required by Code of Civ. Proc. § 431.30(g). In response, Defendants argue they have sufficiently plead each affirmative defense to put Plaintiff on not...

Excerpt: ...h of Implied Covenant) is OVERRULED. “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 sufficiency of the affected pleading, not the truth of the factual allegations in the...

Excerpt: ..., 318.) A demurrer challenges only the legal sufficiency 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 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 cou...

Excerpt: ...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 facts that have not been alleged in the complaint unless they may be reasonably inf...

Excerpt: ...action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f) [1]; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the co...

Excerpt: ...fornia courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. (IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461.) Because the policy favoring amendment is so strong, “it is a rare case in which a court will be justified in refusing a party leave to amend his pleadings so that he may properly present his case.” (Morgan v....

Excerpt: ...ion pursuant to the doctrine of equitable estoppel as articulated in the Court of Appeal's decision in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. The Court follows the recent opinions issued in Ford Motor Warranty Cases (Ochoa) (2023) 89 Cal.App.5th 1324 and Montemayor v. Ford Motor Company (Cal. Ct. App., June 26, 2023, No. B320477) 2023 WL 4181909. “Under the doctrine of equitable estoppel, ‘as applied in ‘both federal and Califor...

Excerpt: ... 2017.010. The test for determining if something is discoverable is whether the requested matter “appears reasonably calculated to lead to the discovery of admissible evidence.” Id. Information is “relevant to the subject matter of the litigation” if it possibly assists the party in evaluating the case, preparing for trial, or aiding in settlement of the case. (Gonzalez v. Super. Ct. (1995) 33 Cal.App.4th 1539, 1546). “A trial court mus...

Excerpt: ...s' Fees The lodestar method for calculating attorneys' fees applies to any statutory attorneys' fees award, unless the statute authorizing the award provides for another method of calculation. (Galbiso v. Orosi Pub. Util. Dist. (2008) 167 Cal.App.4th 1063, 1089; see also K.I. v. Wagner (2014) 225 Cal.App.4th 1412, 1425.) In order to calculate an attorney fee award under the FEHA, courts generally use the well-established lodestar method. (Caldera...

Excerpt: ...rike. A. Demurrer Defendants' primary argument is that Plaintiffs failed to plead sufficient facts amounting to egregious abuse or neglect. Instead, Defendants contend the allegations merely sound in negligence. The Court disagrees. Neglect is defined as “The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.” (...

Excerpt: ...P.C., NPB Management Group, Inc., and Global Pharmacy Services, Inc. (“Defendants”) demur to the second, third, fourth, fifth, sixth, and eighth causes of action of Plaintiff Roatchhada and Cindy, LP's Second Amended Complaint (“SAC”). For the following reasons, the demurrer is OVERRULED. 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 ...

Excerpt: ...s 452(d), 453, and 454 of the following documents: 1. Complaint filed by the State of California against Mr. Eichman in Orange County Superior Court, case number 19WF2624 2. General misdemeanor guilty plea form in Orange County Superior Court case no. 19WF2624 3. Sentence recommendation in Orange County Superior Court case no. 19WF2624 4. Contractor's license detail for license #794154 “‘Judicial notice may not be taken of any matter unless a...

Excerpt: ...les Defendant's objections to paragraphs 3, 5-10, 12-13, and 15-25 of the Teasta Declaration in Opposition to the Arbitration Motion. Standard for Motion to Compel Arbitration A court shall order arbitration if it determines an agreement to arbitrate exists, unless the moving party waived arbitration, grounds exist for revocation of the agreement, or a party to the agreement is also a party to a pending action involving the same transaction with ...

Excerpt: ...nst Defendants Coldwell Banker, LLC (“Coldwell”), Casey Lesher Real Estate, Inc. (“Lesher Inc.”), Casey Lesher (“Lesher”), Daniel Tsarik, Mariner's Escrow Corporation (“Mariner's Escrow”), Deborah Johnson, and Lisette Anderjack, alleging the following causes of action: C/A 1: Negligence C/A 2: Breach of Fiduciary Duty C/A 3: Intentional Infliction of Emotional Distress C/A 4: Negligent Infliction of Emotional Distress C/A 5: Fraud...

Excerpt: ...ient particularity. For the following reasons, Defendant's demurrer is OVERRULED. As an initial matter, Plaintiffs assert Defendant did not comply with California Rule of Court 3.1320, which requires that each ground of demurrer be in a separate paragraph and state whether it applies to the entire complaint or specified causes of action or defenses, and Code of Civil Procedure section 430.60, which requires that a demurrer distinctly specify the ...

Excerpt: ...t properly served on Defendant (see Code Civ. Proc., § 482.070(d); however, Defendant filed and served an opposition addressing the merits of the application, thereby waiving any objection based on defective service. Upon the filing of a complaint or at any time thereafter, the plaintiff may apply for a right to attach order (“RTAO”) and writ of attachment by filing an application for the order and writ with the court in which the action is ...