Excerpt: ... by the insp ection demand. 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) specific facts justif ying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). Glenfed Develop. Corp. v. Superior Court (National Union Fire In...

Excerpt: ...urety Complai nt is a motor vehicle surety company. (Cross- Complaint (“X-C o m p .” ) , ¶¶ 1 & 5.) Old Republic issued a motion vehicle surety bond to CrossDefendant Panda Motors, Inc., under Chapter 4, Division 5 of the Vehicle Code (X -Comp., ¶ 5.) Panda Motors is a motor ve hicle dealer, which obtained a motor vehicle bond from Old Republic. (RJN, ¶ 1.) A number of persons have made claims or will make claims to Old Republic on the bo...

Excerpt: ...otice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; Donabedian 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 sufficient 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...

Excerpt: ...ness of the defect, the foreseeability of danger to Plaintiff, and the trivialness of the defect. Defendant's evidentiary objections are overruled. Basic Rules for Summary Judgment/Adjudication Under Code Civ. Proc. § 437, a party may move for summary adjudicatio n as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the c...

Excerpt: ...the sixth ca use of action, the court finds that Plaintiff has alleged a special relationship that supports a cause of action for constructive trust. Further, that cause of action is not barred by the statute of limitations as Code Civ. Proc. §340.1 applies rather than Code Civ. Proc. § 338. Accordingly, the demurrer to that cause of action is overruled. On the seventh cause of action for breach of fiduciary duty, the court finds that Plaint...

Excerpt: ...they are not mat erial to the disposition of the motion. Additionally, the Court declines to issue an advisory ruling on the issue of waiver of attorney -client privilege, because an assertion of the privilege is not before the court. Merits Taylor Graphics moves, under C CP section 425.16, for an order striking the following allegations in Espinosa's Cross -Complaint: “[Taylor Graphics breached the Lease and caused a nuisance for] failing and ...

Excerpt: ... not moot. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal. App. 4th 390, 405- 407. Code Civ. Proc. section 2031.310 provides, in relevant part, that “any party may obtain discovery” by “inspecting, copying, testing, or sampling d ocuments, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” Code Civ. P...

Excerpt: ... inten t to perform. “ ‘ “ Promissory fraud” is a subspecies of fraud and deceit. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that may be actionable fraud .' ” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973−974, internal citations omitted.) “Under Civil Code section 1709, one is liab...

Excerpt: ..., (5) bre ach of implied in fact contract, (6) work, labor, and services rendered, (7) recovery of stolen property received pursuant to Penal Code §496, (8) intentional interference with contractual relations, (9) intentional interference with prospective economic relations, and (10) negligent interference with prospective economic relations. 1. Actual Fraud The elements of fraud are: "(a) [a] misrepresentation (false representation, conceal...

Excerpt: ...limited to t he “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfu lly drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is c...

Excerpt: ...Cal.App.5th 356, 384.) Plaintiffs are granted limited leave to amend, however, to plead this remedy within the underlying cause of action they believe supports this relief. The demurrer to the second cause of action for conversion and the third cause of action for tr espass to chattel, is sustained, on the basis Plaintiffs have not alleged interference with Plaintiff's possession of the identified property. (PCO, Inc. v. Christensen, Miller, Fin...

Excerpt: ...ff requests be stricken. (Id., 3:20 -22.) The memorandum also seeks an order striking the separate statement and references in Defendants' brief to the facts contained in the separate statement. (Id., 8:14 -16.) The Court considers this a motion to strike the entire separate statement only. (Cal. Rules of Ct., Rule 3.1322(a).) “The paragraphs in a separate statement should be limited to facts that address the elements of a cause of action or an...

Excerpt: ...nt bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving 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.) “A...

Excerpt: ... an ov erlong brief due to Defendant's improperly single -spacing and use of less than 12 point font for numerous footnotes. The court is inclined to continue the hearing, and trial as necessary, to order Defendant to file a compliant memorandum and permit Plaintiff to respond pursuant to Code Civ. Proc. §437c. The court will hear from counsel on this point. Issues with Defendants' Moving Papers The Memorandum For its memorandum in support of i...

Excerpt: ...he Estate o f Jeffrey Russell, Case No. 213400266 (the “Utah Probate Case”). Plaintiffs contend that the issues in the Utah Probate Case are substantively identical to these proceedings as it involves many of the same claims at issue and the same parties here. The C ourt disagrees. Plaintiffs' claims in the Utah action are as follows: (1) determining invalidity of purported trust; or in the alternative (1) enforcing decedent's contract to lea...

Excerpt: ... treat a motion by the nature of the relief sought rather than the title given. (See Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193.) In addition, when the Court continued the trial date on 1/17/24, it stated in its order, “[t]he Court does NOT extend any discovery or motion deadlines other than deadlines associated with the motion to compel independent medical examination.” (ROA 400.) Based on this, Plaintiff's argume...

Excerpt: ... (which includes exhibits attached and incorporated therein) or from matters outside t he pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (L...

Excerpt: ...f action. Plaintiff sues Defendants for (1) actual fraud, (2) fraud in the inducement, (3) breach of contract, (4) breach of the implied covenant of good faith and fair dealing, (5) breach of implied in fact contract, (6) work, labor, and services rendered, (7) recovery of stolen property received pursuant to Penal Code § 496, (8) intentional interference with contractual relations, (9) intentional interference with prospective economic relation...

Excerpt: ...terms and conditions as the court shall declare inclu ding protective orders. In addition, the court may make any other order as may be appropriate to protect the moving party from unreasonable or oppressive demands including unreasonable violations of the moving party's right of privacy. Code Civ. Proc. §1 987.1. Further, in connection with a subpoena for consumer records: Any consumer whose personal records are sought by a subpoena duces tecum...

Excerpt: ...on this motion; or, in the alternative, a n order appointing a discovery referee to oversee and monitor Defendant's behavior at all depositions and at Defendant's expense.” (Not. of Mot. at p. 2.) Under CCP section 2025.420, any party “may promptly move for a protective order” before, during or af ter a deposition. The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2025.420, subd. (a).) “The court, for g...

Excerpt: ...r, or process of the court” is contempt of the authority of the court. (Code Civ. Proc., § 1209, subd. (a)(5).) “The substantive issues involved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience.” (Conn v. Superior C ourt (1987) 196 Cal.App.3d 774, 784.) “A contempt proceeding [for indirect contempt] is commenced by the filing of an aff...

Excerpt: ...hibits attached and incorporated therein) or fr om matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied u pon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (201...

Excerpt: ...ntervention” in support of defendant is equivalent to answer, and demur rer to it is treated as demurrer to answer].) There are only three grounds for demurrer to an answer under CCP § 430.20: (1) Failure to state facts sufficient to constitute a defense (2) Uncertainty; (3) Failure to state whether contract alleged in the an swer is written or oral. The Rutter Guide says that a demurrer can be an effective tool for eliminating “boilerplate�...

Excerpt: ...tters are reasonably disputable. [Citati on.]” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113.) However, a court “can take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments. [Citations.]” (Starr v. Ashbrook (2023) 87 Cal.App.5th 999, 1014.) “The trial court shall take judicial notice of any matter specified in Section 452 if ...

Excerpt: ...r punitive and treble damages. First cause of action f or negligence The elements of a negligence cause of action are: (a) a legal duty to use due care; (b) a breach of such legal duty; and (c) the breach as the proximate or legal cause of the resulting injury. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) “Generally, one has a duty to use due care to avoid injuring others.” (Terry v. Garcia (2003) 109 Cal.App.4th 245, 249.) “Ev...