Excerpt: ...ing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil P...

Excerpt: ...h not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459 (Atascadero).) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a v...

Excerpt: ...n 9-22-22 under ROA No. 509, as to Exhibits 4, 5, 6, 7, and 8 pursuant to Evidence Code section 452, subdivision (d). The court DENIES the RJN as to Exhibits 1, 2, and 3 as immaterial to the court's decision set forth below. (Silverado Modjeska Recreation & Parks District v. County of Orange (2011) 197 Cal.App.4th 282, 307, fn. 18.) “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are fa...

Excerpt: ...easonably respond. (See Khoury v. Maly's of California Inc. (1993) 14 Cal.App.4th 612, 616.) The general demurrer is sustained on the basis that the 2 ndAC fails to adequately allege a direct cause of action for fraud against Mariners, and the allegations as to conspiracy are not alleged with the level of specificity required to allege a cause of action sounding in deceit. (See Applied Equipment Corp. v. Litton Saudi Arabia, Ltd. (1994) 7 Cal.4 t...

Excerpt: ..., subdivision (a), states, “A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, co...

Excerpt: ...Design Sciences Corp. v. Superior Court (2004) 121 Cal.App.4 th 1100, 1106.) Under Code of Civil Procedure section 483.010, attachment may be issued only if the claim sued upon is: (1) a claim for money based on a contract (express or implied); (2) the claim is for a fixed or readily ascertainable amount not less than $500, exclusive of costs, interest and attorney's fees; (3) the claim is not secured by real property (or was originally so secure...

Excerpt: ... (2014) 224 Cal.App.4 th 754. For discovery purposes, information is relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement. City of Los Angeles v. Superior Court (2017) 9 Cal.App.5 th 272. Any doubts regarding relevance are generally resolved in favor of allowing the discovery. Williams v. Superior Court, supra. Relevancy to the subject matter of the litigation is a broader concept ...

Excerpt: ...ursuant to CCP section 426.50 and 428.50(c). Defendants are ordered to separately file and serve their Proposed Cross-Complaint within 10 days-notice of this order. Additionally, the parties are ordered to appear at this hearing prepared to discuss the upcoming trial date and whether a continuance is necessary or appropriate. As an initial mater, review of the relevant complaints demonstrates that the cross-claims asserted against Plaintiff Wenqi...

Excerpt: ...ions 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 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...

Excerpt: ...edigheh Battle. 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 prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Questions o...

Excerpt: ... 1126.) The challenge is limited to the “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 sections 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 defen...

Excerpt: ... Hyundai Sonata. HMA demurs to the Second Cause of Action for Violation of Civil Code §1793.2(b) and the Third Cause of Action for Violation of Civil Code §1793.2(a)(3) on the grounds that the complaint fails allege sufficient facts to support these two causes of action. It is the plaintiff's pleading burden to show that the Song-Beverly Act applies to her claims. (Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, 917). 1. Second Cause of Ac...

Excerpt: ... made must be accepted as true for the purpose of ruling on the demurrer. (Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. (Day v. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky v. Grant (1992) 6 Cal.App.4th 1...

Excerpt: ...'s Complaint [ROA #28] is SUSTAINED with 21 days leave to amend. The unopposed general and special Demurrer of Defendants Erik Messinger and Golden Ticket Real Estate, Inc. dba. Keller Williams Realty to Plaintiff's Complaint [ROA #35] is SUSTAINED with 21 days leave to amend. The demurrers and supporting briefs are essentially the same. Each of the demurring Defendants argues that Plaintiff fails to state a quiet title claim against him/her/it b...

Excerpt: ... complaint or from a matter of which the court may take judicial notice.' [Citation.]” “A trial court's determination of a motion for judgment on the pleadings accepts as true the factual allegations that the plaintiff makes. [Citations.] In addition, it gives them a liberal construction.” (Gerawan Farming, Inc. v. Lyons (2000) 24 Cal.4th 468, 515-516 (Gerawan).)” “A demurrer tests the pleading alone, and not the evidence or the facts a...

Excerpt: ...s to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement.” Here, Defendants submit the declaration of Tyler Nelson to establish the Contractor Agreement w...

Excerpt: ...upervise compliance with the statutory mandates.” For the reason set forth below, the Motion for Preliminary Injunction is denied. Requests for Judicial Notice Petitioner's Requests for Judicial Notice: The Court denies Petitioners' request for judicial notice in support of the moving papers. None of these documents are relevant based on the allegations of the Petition, which puts at issue post-2020 conduct, a change of administration at the OC...

Excerpt: ...nnovatech with the signed Form MC-053, Notice of the Order to Show Cause hearing set forth below, and notice of this ruling. Service shall be completed in the same manner that a summons and complaint must be served. Attorney Joseph Frondle  shall be relieved as counsel of record for Defendant Innovatech effective upon the filing of a proof of service showing timely service of the Judicial Council Form MC-053, Notice of the Order to Show Cau...

Excerpt: ...edition and economy.” Similarly, Code of Civil Procedure section 598 authorizes the court to order certain issues tried before others “when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby.” The ruling on a motion to bifurcate rests within the trial court's sound discretion, except for requests to bifurcate liability from punitive damage claims, which must ...

Excerpt: ...cuments and things as set forth in the Notice Of Taking The Deposition Of The Person Or Persons Most Knowledgeable At Mercantile Capital Holdings, LLC on Certain Topics With Request For Production Of Documents. Motion to Compel Deposition Defendant William Schlabach moves for an order compelling Scott Soura to appear, testify, and produce documents and things as set forth in the Notice Of Taking The Deposition Of Scott Soura With Request For Prod...

Excerpt: ...iling (with an acknowledgment of receipt) to a party (§ 415.30), or, if a party is out of state, by any of the preceding means or by first class mailing, requiring a return receipt (§ 415.40). Finally, if service upon a party by these enumerated means proves impossible, service may be effected through publication, which must be authorized by court order. (§ 415.50.) To obtain an order directing service by publication, section 415.50, subdivisi...

Excerpt: ...he final arbitration award issued on 05/04/2022 by Arbitrator Richard Aronson. Mootness Furthermore, Defendant Uber indicates that in the case of Gupta v. Uber Technologies, et al., Orange County Superior Court Case No. 30-2020-01121607 (Gupta v. Uber Technologies Case), the court granted Defendant Uber's petition to confirm the arbitration award at issue in the amended petition. (See Senesi Decl., ¶ 7 & Exh. 3.) The court's order dated 10/26/20...

Excerpt: ...e section 425.16 (Anti-SLAPP Statute). Standard for Special Motion to Strike (Anti-SLAPP) Civil Procedure Code section 425.16(b) provides that: “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that th...

Excerpt: ...otice of motion is defective. Defendants apparently seek to strike “the Complaint,” when the operative pleading is the First Amended Complaint. Furthermore, the notice of motion fails comply with Rule of Court 3.1322(a) because it does not quote in full the portions sought to be stricken or note the cause of action. Nevertheless, because there is only one cause of action charged against the moving defendants and it appears that the moving def...

Excerpt: ...awsuit against that entity.” (City of Stockton v. Superior Court (2007) 42 Cal.4 th 730, 738.) “[T]he claims presentation requirement applies to all forms of monetary demands, regardless of the theory of the action.” (Sparks v. Kern County Bd. of Supervisors (2009) 173 Cal.App.4th 794, 798.) Failure to comply with the Government Claims Act subjects the complaint to dismissal. (Janis v. State Lottery Comm'n (1998) 68 Cal.App.4th 824, 832.) �...