Excerpt: ... shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., §430.41, subd. (a)(4).) The Court once again opts to proceed to the merits. On the merits, the demurrer is overruled. Within the demurrer itself Defendant asserts the first cause of action fails as “Plaintiff has not se t out the terms of such contract, nor has any contract been attached that demonstrates a contractual relationship between Plaintiff and any of the p...

Excerpt: ... of the remainder of the exhibits because they are not relevant to the disposition of the demurrer. (Sweeney v. California Regional Water Quality Control Bd. (2021) 61 Cal.App.5th 1, 1118, fn. 3.) The Court also declines to exercise its discretion to refuse to consider the opposition for being untimely by one day. Defendant demurs to the Complaint a nd the three causes of action asserted therein for: (1) breach of fiduciary duty – failure to u...

Excerpt: ...h, and (4) resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186; CACI 303.) PSG argues that the Service Contract at issue ended in April of 2018 and that any allegation that the agreement was extended is conclusory. The Court disagrees. The SACC alleges that the Service Agreement was initially drafted to terminate after two years (i.e., in April 2018), but the parties extended the Agreement beyond that initi...

Excerpt: ...right. Code Civ. Proc. §1032. To claim those, the prevailing party must file and serve a memorandum of costs within 15 days from the date the clerk (or any party) mails out notice of dismissal or entry of judgment. CRC 3.1700; Daniels v. Robbins (2010) 182 Cal. App. 4th 204, 228. The memorandum must include a supporting decl aration affirming that the costs were reasonable and necessarily incurred. CRC 3.1700(a)(1). No proposed judgment is requ...

Excerpt: ...nd to four deposition questions without objection. Kigge n also seeks an order compelling Driver to further respond to Request for Identification and Production of Documents, Set One, number 3 and Special Interrogatories, Set One, numbers 1, 2, and 4. The same information is at issue in the three motions – Driv er's history of traffic tickets and payment for such tickets. Defendant objected to the deposition questions, request for production, ...

Excerpt: ...AA is to ‘ensur[e] that private arbitration agreements are enforced according to thei r terms.'” (Lacayo v. Catalina Restaurant Group Inc. (2019) 38 Cal.App.5th 244, 257, citing AT&T Mobility LLC. v. Concepcion (2011) 563 U.S. 333, 344, 131 S.Ct. 1740.) “California law, like federal law, favors enforcement of valid arbitration agreements.” (Baxter v. Genworth North America Corp. (2017) 16 Cal.App.5th 713, 721, citation omitted.) A party s...

Excerpt: ...fendant fails to demonstrate that grounds exist to “dismiss” or vacate said default. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” De fendant does not argue that the default judgment was the result of “mistake, inadvertence, surprise or excusable neglect.” In addition, Code C...

Excerpt: ...ainti
¯ pursuant to Code of Civil Procedure section 425.16, subdivision (c)(1). As an initial matter, the Court notes the action was stayed on 6/14/2022, pending Defendants' appeal. Remittitur was issued on 10/10/2023. Plainti
¯'s motion to tax and Defendants' motion for fees were Þled shortly after Remittitur was issued. This case was reassigned to this Department after Defendants Þled a peremptory challenge. No order lifting the stay was is...

Excerpt: ...lin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 CA3d 381, 385-386; W. A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist., Alameda County (1959) 176 Cal.App.2d 67, 72.) To the extent Defendant is requesting the Court to grant him relief from default, the Court Þnds Defendant fails to demonstrate that grounds exist to vacate said default. Code Civ. Proc. § 473(b) permits a court to grant relief from a judgment, dismissal, ord...

Excerpt: ...ecuring the Note).) Evidentiary Objections Plainti
¯ improperly presents evidentiary objections in the opposition to the Separate Statement. Written objections must be served and Þled separately from papers supporting or opposing the motion. [CRC 3.1354(b); Hodjat v. State Farm Mut. Auto. Ins. Co. (2012) 211 CA4th 1, 8-9, 149 CR3d 93, 9899—court did not abuse its discretion in refusing to consider objections not Þled separately as required b...

Excerpt: ...onabedian v. Mercury Ins. Co. (2004) 116 Cal. App. 4th 968, 994. Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with su
¯icient detail to acquaint a defendant with the nature, source and extent of the claim. Leek v. Cooper (2011) 194 Cal. App. 4th 399, 413. On demurrer, a complaint must be liberally construed. Code Civ. P...

Excerpt: ... the statute o laches. (ROA 100.) The Court Þnds neither the statute o limitations issue, nor the issue o laches, is suitable or resolution at this early stage o the proceedings. With respect to the statute o limitations, Podobas has not shown the IIED (Domestic Violence) claim is time barred. (Code Civ. Proc., § 340.15, subd. (a).) And, Plainti
¯ has su
¯iciently alleged “abuse” within the meaning o CCP section 340.15, which it ad...

Excerpt: ...y tailored; and 5) No less restrictive means exist to achieve the overriding interest. Petitioner's request to seal the applicable records, as submitted in their already redacted form, is GRANTED. Pursuant to CRC 2.550(e), the court concludes that the proposed sealed portions are properly sought and agrees with petitioner that disclosure “would … disclose private, conÞdential and sensitive medical information ….” Petitioner's request for...

Excerpt: ...g the discovery sought by the inspection demand pursuant to Code Civ. Proc., § 2031.310(b)(1).] To establish “good cause,” the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) speciÞc facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial...

Excerpt: ... grants Defendant's request to judicially notice its Exhibits 1-4. Objections The Court sustains evidentiary objections nos. 4-7, and 11 to the Declaration of Plainti
¯s' Counsel Deborah Rosenthal. The remainder of the objections by both sides are overruled. Legal Standard Pursuant to Code of Civil Procedure section 526 provides for when an injunction may be granted. Code of Civil Procedure section 526, subdivision (a)(3) provides that an injunc...

Excerpt: ...laration 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.") Whether a reasonable and good faith attempt was made is a matter within the Court's discretion. (See Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431—32.) Here, Plaintiff sent a meet and confer letter on 11/6/23 with respect to the discovery at issue. Defendant did not respond. ...

Excerpt: ...e hearing, which is insufficient. Because the motion was electronically served, Plaintiffs had to serve the motion no later than 12/27/23. Accordingly, the motion is DENIED. Even if the court were to consider this untimely motion, the motion is also denied on the merits. First, Plaintiffs not only seek reconsideration/relief from the August 30, 2023, sanction order, but also from the June 23, 2023, order. Plaintiffs frame this motion as only seek...

Excerpt: ...hibits a landlord, with intent to terminate the tenants' occupancy, from interrupting or willfully terminating their utility service"; and that "Defendant violated this section [Civil Code section by, without coordinating with Ms. Higgins of her availability or obligation to care for her children, terminating water, electricity, and gas services to the leased premises." (See Complaint, "1 13(e), 33, 34, and 35.) For purposes of this demurrer, all...

Excerpt: ...enders the Complaint fatally uncertain. While the caption lists claims such as fraud, wrongful foreclosure, slander of title and unjust enrichment, these claims are not restated or identified within the body of the complaint. Consequently, the complaint fails to comply with California Rules of Court rule 2.112, which requires "[e]ach separately stated cause of action...state: (1) Its number (e.g., 'first cause of action'); (2) Its nature (e.g., '...

Excerpt: ...omplaint is subject to a general demurrer, "where it contains general allegations of a breach of contract and inconsistent allegations of facts that do not constitute a breach." (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group ) at '16:246.1, emphasis in original, citing Melican v. Regents of university of California (2007) 151 Cal.App.4th 168, 174.) Thus, inconsistent factual allegations may be challenged by a general dem...

Excerpt: ...l (2019) 33 CA5th 431, 456; People v. Clausen (1967) 248 CA2d 770, 785-786 "[Sluch granting of leave to amend must be construed as permission to the pleader to amend the cause of action which he pleaded in the pleading to which the demurrer has been sustained." ; see Harris v. Wachovia Mortg., FSB (2010) 185 CA4th 1018, 1023—plaintff may not amend the complaint to add a new cause of action without having obtained permission to do sol. Even cons...

Excerpt: ...omplaint (ROA #2), 15-17.1 Plaintiff alleges that she sought help from Knott's Berry Farm employees to prevent or avoid the attack but they refused to intervene or provide security assistance. [ld., "1 32, 33, 40, 41, 48.] A demurrer can be used only to challenge defects that appear within the "four corners" of the pleading — which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice....

Excerpt: ...ng agents, employees, or agents who are most qualified to testify on its behalf as to the matters set forth in a notce of deposition, (2) produce the persons so designated for a designated for a deposition, and (3) produce the documents requested in Plaintiff's Notice of Deposition. Plaintiff's motion to compel further responses to form interrogatories was withdrawn. (ROA No. 232.) The motion is taken off calendar. MOTION TO COMPEL FURTHER RESPON...

Excerpt: ...ments produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond." (Code Civ. Proc., S 2031.280, subd. (a).) Plaintiff responded to the requests at issue with: "After diligent search and reasonable inquiry in an effort to comply with this request, Responding Party identifies and directs Propounding Party to the entire personnel file of Respondi...

Excerpt: ... CRC, Rule 3.1300(c). Furthermore, the opposition is 20 pages long with no table of contents or authorities. (See CRC, Rule 3.1113(d) ("no opening or responding memorandum may exceed 10 pages.") and (h) ("memorandum that exceeds 10 pages must include a table of contents and a table of authorities.").) CRC, Rule 3.1113(e) provides that a party may apply ex parte to file a memorandum that is longer than the proscribed limits. Plaintiff here did not...