Excerpt: ...es allegations of the Complaint for Damages and Injunctive Relief (Complaint) filed by Plaintiff Cesar Pelaez. Standard for Motion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. (Code Civ. Proc., § 436.) “Irrelevant” matters include: allegations...

Excerpt: ...l the certificate of corroborative facts and certificates of merit of Plaintiff's counsel and a mental health practitioner. Plaintiff asserts claims arising out of alleged childhood sexual assault, which are brought pursuant to Civil Procedure Code section 340.1. That statute allows a plaintiff who is 40 years or older to bring an action for childhood sexual assault, under certain circumstances, against the person who committed the childhood sexu...

Excerpt: ...other party may petition the court to compel arbitration and stay any pending lawsuit. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218). Specifically, Civil Procedure Code section 1281.2 states: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner a...

Excerpt: ...endants Angels Baseball LP, Moreno Baseball LP, Moreno Baseball Companies Inc., and Keynan Middleton (Doe 1) move to strike the punitive damages allegations of the Second Amended Complaint (SAC) filed by Plaintiffs Bryson Galaz and Beatrice Galaz. Standard for Motion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity wit...

Excerpt: ...ut all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. (Code Civ. Proc., § 436.) “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 support by the allegations of the complaint. (Code Civ. Proc., § 431.10, subd. (b).) ...

Excerpt: ... suits where “the amount of the demand does not exceed five thousand dollars ($5,000).” (Code Civ. Proc., § 116.220, subd. (a)(1).) The small claims court also has jurisdiction over cases “brought by a natural person, if the amount of the demand does not exceed ten thousand dollars ($10,000).” (Code Civ. Proc., § 116.221.) The limited civil courts have jurisdiction in cases in which “the demand, exclusive of interest, or the value of ...

Excerpt: ...ffs Insight Environmental Engineering & Construction, Inc. and CeSight Joint Venture move for leave to amend the Complaint to add a second cause of action for breach of fiduciary duty and to file the First Amended Complaint against Defendant SMTD Law LLP. Standard for Leave to Amend Pleadings Leave to amend should be granted liberally at all stages of the proceedings in order to accomplish substantial justice for both parties and to resolve cases...

Excerpt: ...his ruling. Defendant Jay P. Erb moves for leave to amend the Answer of Defendant Jay P. Erb to Verified First Amended Complaint (Answer) to add denials to certain paragraphs of the Verified First Amended Complaint (FAC). Defendant Erb also seeks leave to file the amended answer. Standard for Leave to Amend Pleadings Leave to amend should be granted liberally at all stages of the proceedings in order to accomplish substantial justice for both par...

Excerpt: ... open.” (Cal. Rules of Court, rule 2.550(c).) A request to seal must be directed at specific material in the record, specifically identify that material, demonstrate an overriding interest that overcomes the right of public access to the material and a substantial probability the interest will be prejudiced absent sealing, and be supported by declarations setting forth specific facts in support of the request. (See Cal. Rules of Court, rules 2....

Excerpt: ...sive to Century Recovery, LLC's four post-judgment requests for the production of documents within 30 days of service of the notice of ruling. Defendants and Judgment Debtors Don Jensen, Esther Jensen, J&L Investments, LLC, and Jensen RE Group, LLC are ORDERED to pay, jointly and severally, sanctions in the amount of $1,072.50 to Century Recovery, LLC within 30 days of service of the notice of ruling. Century Recovery, LLC, the assignee of the ju...

Excerpt: ...s of California, Inc., moves for a protective order governing the treatment of confidential information. “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Civil Proc. Code, § 2031.060, subd. (b)(5); see also Civil Proc. Code, §§ 2030.090(b)(6); 2033.080(b)(...

Excerpt: ...or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Civil Proc. Code, § 418.10, subd. (a)(1).) In this case, the proof of service filed by Plaintiff Colleen Osborne on 04/28/2022 purports to have served Defendant Shelton by mail and acknowledge of receipt pursuant t...

Excerpt: ...cipitation on that day, and not whether the precipitation camouflaged any defect. Defendant's request for judicial notice is GRANTED. Plaintiff's evidentiary objections are SUSTAINED as to objection number 5. Plaintiff's other evidentiary objections are OVERRULED. Defendant's evidentiary objections are SUSTAINED as to objection numbers 11, number 13 but only as to the statement “The defective conditions and failures I observed are the proximate...

Excerpt: ...Kingan and Reiko Kingan (Kingan Defendants) demur to the second cause of action of the Second Amended Complaint (SAC). Standard for Demurrer 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 pleading or the pleader's ability to...

Excerpt: ...ocedure Code section 430.41(b) states: A party demurring to a pleading that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer. Plaintiffs contend that Section 430.41(b) bars this demurrer because Defendant Frede...

Excerpt: ...an (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 ...

Excerpt: ...Stueve Bros. Farms, LLC; SBH Partners, GP; Stueve Bros. Farms of Delano, LLC; EHE Family Foundation; SBI Partners, GP; Jacqueline Ann Arthur; and David John Stueve (collectively, Defendants) demur to the 6th, 7th, 8th, 9th, and 10th causes of action in the First Amended Complaint (FAC) of Plaintiff George Cooper. Meet and Confer Civil Procedure Code section 430.41(a)(2) requires that “[t]he parties shall meet and confer at least five days befor...

Excerpt: ... deadline may be dismissed, unless the parties stipulate to the filing or the court grants prior leave to file. (See Civil Proc. Code, § 581, subd. (f)(2).) Cross-Defendants Roy Fenn, Peter Dang, Chris Hammerstone, and Jesse Dean (collectively, Cross-Defendants) demur to the 1st through 6th causes of action and the request for injunctive relief of the First Amended Cross-Complaint (FACC), and on the basis of uncertainty. Standards for Demurrer I...

Excerpt: ...eding taken against him or her through his or her [the party's] mistake, inadvertence, surprise, or excusable neglect.” (Civil Proc. Code, § 473, subd. (b).) An application for relief under Section 473(b) must be accompanied by a copy of the answer or other pleading proposed to be filed therein, and be made within a reasonable time, but in no case exceeding six months after the judgment, dismissal, order, or proceeding was taken. (See Civil Pr...

Excerpt: ...ently demonstrated a basis to compel compliance pursuant to Civil Procedure Code sections 1985, 1987.1, and 2025.480. Plaintiff has established that he properly served Non-Party Nancy Gray, Esq. of Gray & Associates, PC (Attorney Gray) with the civil subpoena (duces tecum) (Subpoena) and that Attorney Gray has stated that she would not produce the documents requested absent a court order. (Oh-Kubisch Decl., ¶¶ 2 & 6-8 & Exh. 5.) Defendant conte...

Excerpt: ...intiff Adriana Alonso's motion to compel further responses to requests for admission (set one) is DENIED as to request for admission numbers 1, 2, and 7. Defendant Imperial Spa Fullerton, LLC is ORDERED to serve by personal service or overnight mail, no later than 10/13/2022, further responses to Plaintiff Adriana Alonso's special interrogatories (set one), special interrogatories numbers 1, 13, and 14, and requests for the production of document...

Excerpt: ... Automobile Insurance Company (CAIC) moves for summary judgment or, in the alternative, summary adjudication on the Complaint of Plaintiffs Matt Puccio and Lisa Puccio, individually and as trustees of the Puccio Family Trust dated September 5, 2007. Plaintiffs are the insureds under Homeowners Insurance Policy No. CAHP0000367644 (Policy) Defendant, effective 05/10/2019 to 05/10/2020. Plaintiffs experienced water loss under their kitchen sink on 0...

Excerpt: ...6, 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. (Civil Proc. Code, § 437c(p)(2).) A cause of action “cannot be established” if the undisputed facts ...

Excerpt: ...oli & Purdy, PC, without leave to amend. Plaintiff shall have 33 days to file an amended pleading. Defendants Paoli & Purdy, PC, Court Purdy, and William Paoli demur to the First Amended Complaint (FAC) of Plaintiff Alicja Matak. Although Plaintiff has since filed a Second Amended Complaint (SAC), the amendments primarily addressed the claims against non- moving Defendant Jaroslaw Geier. Further, Plaintiff's counsel indicated that Plaintiff inten...

Excerpt: ...e 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 inferred from the matters alleged or are pro...

Excerpt: ...th, and Tenth Causes of Action of the verified Second Amended Complaint (“SAC”) of Plaintiffs Doug Le and Ke Van Nguyen (“Plaintiffs”). Request for Judicial Notice Attorney Defendants' Request for Judicial Notice is denied. Rules of Court Rule Judicial 3.1113(l) requires that “[a]ny request for judicial notice must be made in a separate document listing the specific items for which notice is requested and must comply with rule 3.1306(c)...

Excerpt: ...motion requests that the Court issue an Order to Show Cause re: Contempt, rather than make a finding that Defendants and Defendants' counsel are in contempt. The threshold issue is thus whether Plaintiff's allegations are sufficient to support a showing of contempt. (fn.1) In order to make out indirect contempt (i.e., alleged contempt that is not committed in the immediate view and presence of the court), Plaintiffs must show: 1) the rendition of...

Excerpt: ...) A motion to strike may also seek to strike legal conclusions, (Weil & Brown, Cal. Prac. Guide, Civil Proc. before Trial, ¶ 7:179 (2010), although conclusory allegations are permitted if they are supported by other factual allegations in the complaint, (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6). Civil Code section 3294(a) allows a plaintiff to seek punitive damages for “oppression, fraud, or malice.” (Civil Code. § 3294, subd. ...

Excerpt: ...ng for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Once the defendant meets their burden, the burden shifts to the plaintiff to show that a triable issue of material fact exists as to that cause of action. (Villacres v. ABM Industries, Inc. (2010) 189 Cal.App.4th 562, 575.) A...

Excerpt: ...Amended Cross-Complaint (“FACC”). A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. The defendant may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of their claim, or that the defendant has a complete defense entitling the defendant to judgment as a matter of law. (Civil Proc. Code, § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2...

Excerpt: ...s U.S., Inc. (“WDPR”) and Nancy Schaefer-Jones move for summary judgment in favor of Defendants and against Plaintiff Maria Gillies. In the alternative, Defendants move for summary adjudication. A defendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. The defendant may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of their claim, or that the defend...

Excerpt: ..., but not a school district, but Section 51.9 does not define a “person” to include a school district. (Civil Code, § 51.9, subd. (a)(1).) Civil Code section 51.9 may be compared to Civil Procedure Code section 340.1, which extends the statute of limitations for sexual abuse to a “person or entities.” (Civil Procedure Code, § 340.1, subds. (a) (2) & (3), (c) & (d).) The fact that Civil Code section 51.9 did not include liability for an ...

Excerpt: ...�not the defendant's professional standing—that makes the defendant potentially liable for neglect.” Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152 (emphasis added). Further, “statutory causes of action must be pleaded with particularity.” Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790. The Complaint alleges in general and conclusory terms “[t]hat Defendants had a substantial caretaking or custodial rel...

Excerpt: ...nd the material is not necessary, helpful, or relevant (see Zucchet v. Galardi (2014) 229 Cal.App.4th 1466, 1474, fn. 5 [citing Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6].) Demurrer by Defendants County of Orange and Paul Walters Defendants County of Orange's and Paul Walters' demurrer to Plaintiff Damon Tucker's Third Amended Complaint (TAC) is OVERRULED in part and SUSTAINED in part with fifteen...

Excerpt: ...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 of the complaint, a ...