Excerpt: ...ne or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc. ("CCP"), S 437c(p)(2).) A cause of action "cannot be established" if the undisputed facts presented by the defendant prove the contrary of the plaintiff's allegations as a matter of law. (Brantley v. Pisaro (1 gg6) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the...

Excerpt: ... (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 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 o...

Excerpt: ...) 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 Ca/., 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 wil...

Excerpt: ...o Ouash "When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly." (Code Civ. Proc., S 474.) "Section 474 allows a plaintiff who is ignorant of a defendant's identity to comm...

Excerpt: ...er meeting minutes, IRS Form 2553, and documents identifying shareholders. The Moving Party argues that the document requests are overbroad, seek irrelevant information, and seek their private/proprietary financial and corporate information. They also seek sanctions in the amount of $5,200 against Plaintiff. On April 27, 2023, Plaintiff filed an opposition to the motion. Plaintiff argues that the Moving Party is one of four restaurants that are o...

Excerpt: ...se of the option to produce documents under California Civil Procedure Code section 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. Cal. Civ. Proc. Code, S 2030.300(a). If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the discovery. Fairmont Ins. Co. ...

Excerpt: ...es, pursuant to the relevant agreement's choice of law provision. As such, Avis has the initial burden to show that New Jersey law materially differs from the law of California, and that New Jersey has an interest in having its law applied. (Washington Mutual Bank, FA v. Superior Court (2001) 24 Cal.4th 906, 919-920 [citing Hurtado v. Superior Court (1974) 11 Cal.3d 574, 5801.) Avis does not contend there is a material difference in the laws of b...

Excerpt: ...ng it to judgment as a matter of law. (Code Civ. Proc., S 437c, subd. 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 initial burden, the plaintiff need not oppose the motion and the motion ...

Excerpt: ...tion. (Code Civ. Proc. ("CCP"), S 437c(p)(2).) A cause of action "cannot be established" if the undisputed facts presented by the defendant prove the contrary of the plaintiff's allegations as a matter of law. (Brantley v. Pisaro (1 gg6) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the party opposing MS] to show, by reference to specific facts, the existence of a triable issue as to that affirmative de...

Excerpt: ...(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., S 430.10, subds. (e) & (f)ß]; 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 af...

Excerpt: ...ax Mortgage Loan Trust 2021 -G, and LoanCare, LLC relating to a non judicial foreclosure sale that Defendants are pursuing against Plaintiff's house. Plaintiff alleges nineteen causes of action based on fraud, alleging that Defendants concealed loan documents from Plaintiff and/or that various documents on which Defendants rely for their non-judicial proceedings are fraudulent (e.g., fraudulent deed of trust, fraudulent assignment of mortgage, fr...

Excerpt: ... action (civil rights violations) is SUSTAINED with leave to amend. The demurrer to the third cause of action (civil rights violations) is SUSTAINED with leave to amend. The demurrer to the fourth cause of action (negligence) is SUSTAINED with leave to amend. The demurrer to the fifth cause of action (negligence per se) is OVERRULED as moot. The demurrer to the sixth cause of action (negligent retention and supervision) is SUSTAINED with leave to...

Excerpt: ...ode Civ. Proc., 5 430.30, subd. "A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, 'uncertain' includes ambiguous and unintelligible. " (S 430.20.) "A party who has filed a complaint or cross-complaint may, w...

Excerpt: ...4th 558, 565.) The parties may, among other things, agree that the arbitration agreement will be controlled bv the Federal Arbitration Act (FAA), which includes both procedural and substantive provisions. The FAA states that written arbitration agreements "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (g U.S.C. S 2.) The United States Supreme Court has descri...

Excerpt: ...s to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Aguilar v. Atlantic 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., S 437c, s...

Excerpt: ...rties produce stock certificates, shareholder meeting minutes, IRS Form 2553, and documents identifying shareholders. The Moving Parties argue that the document requests are overbroad, seek irrelevant information, and seek their private/proprietary financial and corporate information. They also seek sanctions in the amount of $5,200 (each) against Plaintiff. On April 20, 2023, Plaintiff filed a combined opposition to the motions. Plaintiff argues...

Excerpt: ...nancial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) 1st cause of action. negligence. Defendants Thomas Courtney Dubar and Skyler Lambert do not demur to this cause of action. As to demurring defendants Ella Dubar, David Skorheim, and Eric Michael Massimo, the FAC states facts sufficient to constitute this cause of action. (See Ladd v. County of San Mateo (1996) 12 cal.4th 913, 917 [elements]; FAC 74 [duty], 36, 38, 40, 41, 4...

Excerpt: ... triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to ...

Excerpt: ...erial fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. 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. (Code Civ. Proc. (“CCP”)...

Excerpt: .... (Evid. Code, § 452, subd. (d); Bell v. H.F. Cox, Inc. (2012) 209 Cal.App.4th 62, 67, fn. 1.) The Court finds Defendants complied with the meet-and-confer requirement prior to filing their Demurrer. (Code Civ. Proc., 430.41, subd. (a).) Standard for Demurrer “The 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 ...

Excerpt: ...relief, along with a memorandum and a declaration containing facts sufficient to justify the sealing. (CRC 2.551(b)(1).) The motion must be served on all parties, and unless the court orders otherwise, a complete copy of the document must be served on all other parties that already possess copies, along with the redacted version. (CRC 2.551(b)(2).) To grant a motion to seal, the court must expressly find that: 1. an overriding interest exists tha...

Excerpt: ...y 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; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter G...

Excerpt: ...Code § 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 co...

Excerpt: ...g apply: “(1) an answer to a particular interrogatory is evasive or incomplete, (2) an exercise of the option to produce documents…is unwarranted…(3) an objection to an interrogatory is without merit or too general.” (Civ. Proc. Code § 2030.300(a)(1)-(3).) “An interrogatory may relate to whether another party is making a certain contention, or to the facts, witnesses, and writings on which a contention is based. An interrogatory is not...

Excerpt: ...) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. 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. (Code Civ. Proc. (“CCP”), § 437c(p)(2).) The scope of this burden is determined by th...