Excerpt: ...that the breach proximately caused the plaintiff's injuries. (See Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1159.) The existence of duty is a question of law for the courts. (Isaacs v. Huntington Mem. Hosp. (1985) 38 Cal.3d 112, 124.) Civil Code section 1714, subdivision (a), provides that “[e]very one is responsible . . . for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her prop...

Excerpt: ... Vehicle suffered from a number of defects during the warranty period, Defendants' authorized repair facilities returned it to Plaintiff after a number of repair attempts with assurances that the problems had been fixed. (FAC, ¶¶ 42 -49.) While Plaintiff alleges that Plaintiff delivered the car for repairs at least 6 times from 2017through 2021. (Id.) “[U]nder the delayed discovery rule, a cause of action accrues and the statute of limitatio...

Excerpt: ... fifth cause of action (IIED) is SUSTAINED without leav e to amend. Third Cause of Action (Violation of Civil Code Section 51) The court sustained the demurrer to the Complaint's third cause of action, ruling that “Plaintiffs' conclusory allegations do not allege sufficient facts demonstrating a discriminatory motivating reason for defendant's alleged conduct.” (ROA 55.) The FAC addresses that defect and states a claim for violation of the U...

Excerpt: ...ificity: (1) a misrepresentation, (2) knowledge o f its falsity, (3) intent to defraud, 4) justifiable reliance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (specific pleading requirement for fraud necessitates pleading facts that show the how, where, when, and who of the fraudul ent conduct).) In cases against corporate employers, Plaintiff must “allege the names of the persons who made the allegedly fraudulent repr...

Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...

Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...

Excerpt: .... (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 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...

Excerpt: ...sult occurs, and the consequent ‘liability arises.' In other words, it sets the date as the time when the cause of action is complete with all of its elements.” (Norgart, supra, 21 Cal.4th at p. 397.) When, by the face of the complaint, it is clear a claim is time - barred, the plaintiff may invoke the delayed discovery rule “which postpones accrual of a cause of action until the plaintiff discovers, or has reason to discovery, the cause of...

Excerpt: ...ader's ability to prove tho se allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) A demurrer tests only the sufficiency of the compl aint; 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 proper subj...

Excerpt: ...19-32, within 30 days of service of the notice of ruling. However, if the parties have not agreed upon a Protective Order, and given both parties' representations they are prepared to execute same, the Court ORDERS Plainti
¯s and Defendant to meet and confer – in person – regarding the execution of the Protective Order. Request for Production nos. 37-41 Defendant and its counsel are ORDERED to serve full, complete, and veriÞed responses to ...

Excerpt: ...ses.'” (Ibid.) “The overall policy of preventing future harm is ordinarily served, in tort law, by imposing the costs of negligent conduct upon those responsible. [Citation.] In general, internalizing the cost of injuries caused by a particular behavior will induce changes in that behavior to make it safer. That consideration may be ‘outweighed, for a category of negligent conduct, by laws or mores indicating approval of the conduct or by t...

Excerpt: ...(1) the claim upon which the attachment is based is one upon which an attachment may be issued; (2) the plainti
¯ has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., § 484.090(a)(1)-(4).) If an action i...

Excerpt: ...ding, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) According to the First Amended Complaint (FAC), Defendant Jennifer White accused Frances McLuen of calling Defendant White a racial slur. (FAC, ¶ 10.) Jennifer White allegedly recorded this interaction and later posted a video of the interaction online on Nextdoor, ...

Excerpt: ...ection with a public issue shall be subject to a special motion to strike, unless the court determines that the plainti
¯ has established that there is a probability that the plainti
¯ will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party moving to strike a cause of action has met its...

Excerpt: ..., but do[es] not assume the truth o contentions, deductions, or conclusions o law.” (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967, citing Moore v. Regents o Univ. o Cal. (1990) 51 Cal.3d 120, 125.) A demurrer challenges only the legal su
¯iciency o the a
¯ected pleading, not the truth o the actual allegations in the pleading or the pleaders ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.Ap...

Excerpt: ... another manner speciÞed in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action[; or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interes...

Excerpt: ...itive damages, the complaint must allege facts of defendant's oppression, fraud, or malice. (Civ. Code § 3294(a).) “Malice” is deÞned as conduct which is intended by the defendant to cause injury to the plainti
¯ or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is deÞned as despicable conduct that subjects a person to c...

Excerpt: ...proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc., § 128, subd. (a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal.App.3d 572, 585.) Generally, deciding a motion to disqualify requires the court to weigh the following variables, including: (1) the party's right to counsel of choice; (2) the attorney's interest in representing a client; (3) the Þn...

Excerpt: ...TH 30 DAYS' LEAVE TO AMEND, as to the Adella Property, Chumash Property, Aspan Property, Drover Property, and Homestead Property. The Court Þnds Defendants adequately met and conferred prior to Þling their Demurrer. Intentional and Negligent Misrepresentation (3rd and 4th Causes of Action Defendants contend the First Amended Complaint, like the original Complaint, still provides no detail as to when, where, or how Defendants' misrepresentations...

Excerpt: .... Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal su
¯iciency of the a
¯ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundi
¯ 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...

Excerpt: ... to stipulate to the filing of the FAC, which then added Defendant Sunrise to the 1st cause of action for disability discrimination and the 9th causes of action for unlawful medical inquiry in violation of FEHA. While the filing of a FAC would normally moot a summary judgment motion, the parties' stipulation for the FAC noted Defendant Sunrise's motion and Plaintiff "waive[d] the filing requirements under CCP S 437c(a) and stipulate[d] to allow S...

Excerpt: ...to a blanket stay for an undetermined period of time, particularly since, as Defendant himself admits, no discovery has been propounded on him. (Declaration of Catherine A. Quaidoo, 7.) (See Alpha Media Resort Investment Cases (2019) 39 Cal.App.5th 1121, 1131 [the Constitution does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings]; see Victaulic Co. v. American Home Assurance Co. (2018) 20 Cal.App.5th...

Excerpt: ...eempts claims based on the same nucleus of facts as trade secret misappropriation. (Coast Hematology-oncology Associates Medical Group, Inc. v. Long Beach Memorial Medical center (2020) 58 cal.App.5th 748, 769; Arthur J. Gallagher & co. v. Tarantino (N.D. cal. 2020) 498 F.Supp.3d 1155, 1174.) "To survive preemption, [Plaintiff's) claims must 'allege wrongdoing that is materially distinct from the wrongdoing alleged in a CUTSA claim.' [Citation.]"...

Excerpt: ...n the alternative show cause why it should not do so, and thereafter issue a peremptory writ commanding Respondent either rescind its 'Potentially Dangerous Dog Declaration', or amend the provisions of the Mission Viejo Municipal Code to define the term 'provocation' and to allow Petitioner a trial on all issues of fact, and allow Petitioner to present evidence on all properly plead defenses." Neither party provides a standard under which the cou...

Excerpt: ...tice. (Code Civ. Proc. S 2025.450(b)(1).) A showing of "good cause" is made by declarations containing specific facts justifying inspection of the documents described in the notice. (Cal. Prac. Guide Civ. Pro. Before Trial S 8:801.2 (Rutter Group 2021).) In addition, the moton must be accompanied by a meet and confer declaration. (CINIe Civ. Proc. "A meet and confer declaration in support of a motion shall state facts showing a reasonable and goo...