Excerpt: ...TED with ten days leave to amend. Moving Party Kevin Jolly to give notice. Demurrer: 2nd Cause of Action for Fraud This cause of action has not been alleged with the required specificity. The effect of the rule that fraud must be specifically pleaded is twofold: 1. A general pleading of the legal conclusion of fraud is insufficient since the facts constituting the fraud must be alleged; and 2. Every element of the cause of action for fraud must b...

Excerpt: .... Concord Gardens Mobile Home Park Ltd. (1979) 90 Cal.App.3d 871, 873-875 (Gonzales) [under doctrine of expressio unius est exclusio alterius, failure to comply with contractual notice provisions of the Contractors License Law, including section 7030, does not deprive a contractor the right to bring and maintain an action on construction contract].) Contrary to Bhayani's assertions, nothing in Nielsen Contracting, Inc. v. Applied Underwriters, In...

Excerpt: ...Proc., § 663, subd. (1) [authorizing motion]; see also Simac Design, Inc. v. Alciati (1979) 92 Cal.App.3d 146, 153 [“A motion to vacate under section 663 is a remedy to be used when a trial court draws incorrect conclusions of law or renders an erroneous judgment on the basis of uncontroverted evidence”].) Motion to strike and/or tax costs. Plaintiff Inez Moran's motion to strike and/or tax costs sought by defendant Central Valley Chrysler J...

Excerpt: ...cluding protective orders”].) The motion is GRANTED IN PART, in that the court exercises its discretion to modify the subpoena, and orders that the records produced shall be limited to the time period of 4-6- 19, the execution date of the contracts alleged in the complaint, to 11-23-20, the date this action was filed. There are no allegations nor evidence that plaintiff paid defendant any monies outside of this time period, or that defendant pa...

Excerpt: ... §527(a), however, “[n]o preliminary injunction shall be granted without notice to the opposing party.” Additionally, the Court finds that Plaintiff has not demonstrated a sufficient probability of prevailing, to support the requested relief. (Teachers Ins. & Annuity Assn. v. Furlotti (1999) 70 Cal.App.4th 1487, 1493). Pursuant to the Proposed Order filed by Plaintiff with this Motion, Plaintiff is seeking multiple affirmative orders, compel...