Excerpt: ...of Michael Prozan in Support of Motion fails to comply with California Rules of Court, rule 3.1324(b), which requires that a separate declaration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. The Prozan Declaration does not c...

Excerpt: ...nuous accrual. However, Plaintiff's complaint fails to state facts supporting the application of these doctrines including the dates of repair attempts and Plaintiff's discovery of the factual basis for his claims. Therefore, Plaintiff has failed to allege facts demonstrating his ninth and tenth causes of action are timely. Ninth Cause of Action — UCL: Business and Professions Code S et seq ("UCL") prohibits unfair competition, which is defined...

Excerpt: ...esponded on May 10, 2023, providing point by point responses as to its discovery responses. aut GM did not provide a copy of the letter to the court. In the Reply, Plaintiff disputes that GM ever to Plaintiff's May 8, 2023 letter. Plaintiff filed this moton on June 14, 2023. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the discovery requests. (Coy v. Superio...

Excerpt: ...d causes of action and GRANTED as to the fourth, fifth, sixth, and seventh causes of action. " 'A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same de novo standard of review.' " (People ex rel. Harris v. Pac Anchor Transportation, Inc. (2014) 59 Cal.4th 772, 777; see Marzec v. Public Employees' Retirement System (2015) 236 Cal.App.4th 889, 900 '[b]ecause a motion for judgment on the pleadings is the fun...

Excerpt: ...ays' leave to amend. As for Defendant State of California, the Demurrer is sustained without leave to amend, but without prejudice to Plaintiff filing a motion for leave to amend. Defendants' Motion to Strike is moot. The Court finds Defendants adequately met and conferred prior to filing their Demurrer and Motion to Strike. Governor Newsom and Director Johnson Contrary to Plaintiff's claim, on March 16, 2023, the Court sustained Governor Newsom ...

Excerpt: ...leading, 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.) The first cause of action for general negligence alleges that on October 25, 2022, Arther K. Masaoka rented a self-storage space from Defendant. (Complaint, p. 4.) Plaintiff alleges Defendant denied Plaintiff Hunter (Masoka's conservator) her right of access to t...