Excerpt: ...y alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) 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 view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4t...

Excerpt: ...022, Order. (06/29/22 Minute Order [ROA No. 84].) On July 26, 2022, Plaintiff submitted an Amended Verification that cured defects in Plaintiff's original verification and properly verified his Complaint. (Amended Verification [ROA No. 99].) Defendants contend that res judicata bars reconsideration of the personal jurisdiction issue. “ ‘Res judicata' describes the preclusive effect of a final judgment on the merits. Res judicata, or claim pre...

Excerpt: ...ode § 2017.010. The test for determining if something is discoverable is whether the requested matter “appears reasonably calculated to lead to the discovery of admissible evidence.” Id. Information is “relevant to the subject matter of the litigation” if it possibly assists the party in evaluating the case, preparing for trial, or aiding in settlement of the case. (Gonzalez v. Super. Ct. (1995) 33 Cal.App.4th 1539, 1546). “A trial cou...

Excerpt: ... Superior Court in and for Los Angeles County (1930) 105 Cal.App. 466, 470 [arbitration statutes contemplate controversy either existing or which may subsequently arise out of a particular contract].) A court shall order arbitration if it determines an agreement to arbitrate exists, unless the moving party waived arbitration, grounds exist for revocation of the agreement, or a party to the agreement is also a party to a pending action involving t...

Excerpt: ...atter brought by Plaintiff against the Church and Doe 2. The following background is drawn from the allegations of the FAC, which are assumed to be true for purposes of this demurrer. A. Structure of the Church The Church is led by a President, whose office is a corporation sole (i.e., the defendant here). The President selects two advisors to serve as his counselors. Together, they function as the First Presidency, the governing body of the Chur...

Excerpt: ...ere not sufficiently served in connection with that lawsuit. Specifically, Defendant attempted service at 1024 Iron Point Road, Suite 100 Folsom, California, 95630. (Id., ¶ 6.) Plaintiff Intellect IT's office, however, is suite number 1031, not suite 100. (Id., ¶ 7.) Defendant then attempted substitute service at that address. (Id., ¶ 8-9.) Defendant did not attempt to serve Plaintiffs at Plaintiff Dhaliwal's residence on file with the Secreta...

Excerpt: ...��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 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 wh...

Excerpt: ...rtedly accessed by cross-defendants belonged to cross-complainants, rather than alleging legal conclusions. The FAXC also fails to allege facts to state a cause of action under 18 United States Code, section 1030, et seq. (the “CFAA”.) “Loss” under the CFAA is limited to any reasonable cost to any victim, including … conducting a damage assessment, and restoring the data, program, system, or information … and any revenue lost, cost in...

Excerpt: ...otion is GRANTED but REDUCED. Civil Code section 1717: If neither party achieves a complete victory on all the contract claims, it is within the trial court's discretion to determine which party “prevailed” on the contract. (Scott Co. of Calif. v. Blount, Inc., (1999) 20 Cal.4th 1103, 1109; De La Cuesta v. Benham (2011) 193 Cal.App.4th 1287, 1294; Jackson v. Homeowners Ass'n Monte Vista Estates-East (2001) 93 Cal.App,4th 773, 786-789] In deci...

Excerpt: ...e court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . that the trial of any issue of any part thereof shall precede the trial on any other issue or any part thereof in the case . . . .” Code of Civil Procedure section 1048, subdivision (b), provides, “The court, in furtherance of co...

Excerpt: ...wing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon ...

Excerpt: ... subdivision (a)(1) provides in pertinent part that: “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” “A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the ca...

Excerpt: ...he following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1)The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2)...

Excerpt: ...ange (2011) 197 Cal.App.4th 282, 307, fn. 18.) The court OVERRULES all of the objections contained in Plaintiff's Objections to the Declaration of Timothy F. Shields filed on 1-3-23 under ROA No. 215. Motion for Disqualification: Rules of Professional Conduct, rule 3.7 (Rule 3.7), states, “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness unless: [¶] (1) the lawyer's testimony relates to an unco...

Excerpt: ...cted activity under the statute and Plaintiff cannot demonstrate a probability of prevailing. Code of Civil Procedure section 425.16 provides in relevant part: “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 de...

Excerpt: ...rt DENIES the RJN as to Exhibit B 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.) Code of Civil Procedure section 436, states, “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: [¶] (a) Strike out any irrelevant, false, or improper matter inserted in any ...

Excerpt: ...8.) Defendant moves to vacate the Judgment, entered on 2-14-22 under ROA No. 82, pursuant to Minnesota Uniform Arbitration Act under Minn. Stat. section 572B.23, Code of Civil Procedure section 1286.2, and Code of Civil Procedure section 473, subdivision (b). (Motion; 3:5-17, 5:6-6:21, and 9:10-23.) Minn. Stat. section 572B.23, subdivision (a), provides, “Upon motion of a party to the arbitration proceeding, the court shall vacate an award if: ...

Excerpt: ...of each month, and will continue until the conclusion of the action. This action (Case No. 2022- 01275636) shall be designated the lead case. Additionally, pursuant to CRC 3.350(c), Plaintiff is ordered to file this order in Case No. 2022- 01274239. When there are actions involving common questions of law or fact pending, a court may order a joint trial of any or all of the matters in issue in the actions or may order all the actions consolidated...

Excerpt: ...anted. Defendants' request on reply to judicially notice state court orders is granted. Merits The moving party on a motion to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all ...

Excerpt: ...ent as a matter of law.' [Citation.]” Bezirdjian v. O'Reilly (2010) 183 Cal.App.4th 316, 321, fn. omitted. Defendant moves for judgment on the pleadings on the grounds Plaintiff's the action is barred by the statute of limitations under Government Code Section 12654. The Complaint alleges three causes of action for violation of California False Claims Act. Specifically, the Complaint alleges violations of Government Code Section 12651, subdivis...

Excerpt: ...Plaintiff's oppositions. Although Plaintiff has elected to proceed in pro per, litigants who choose to represent themselves must be treated in the same manner as represented parties and must follow the correct rules of procedure. See Rappleyea v Campbell (1994) 8 Cal.4th 975, 984- 985; Nwosu v Uba (2004) 122 Cal.App.4th 1229, 1246-1247. A self-represented litigant is not entitled to any greater consideration than other litigants and attorneys. Se...

Excerpt: ...sition, which was not served on Defendants. On its own motion, the Court continues the February 21, 2023, trial of this action to October 2, 2023 at 9:00 a.m. in Department C31. 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. Blank v. Kirwan (1985) 39 Cal. 3d 311, 3...

Excerpt: ...lainant Geotechnical Solutions, Inc.'s Notice of Motion for Good Faith Settlement Determination 877 4. Defendant/Cross-Complainant Aquarius Investments, Inc.'s Joinder to Geotechnical Solutions, Inc.'s Motion to Contest Good Faith Settlement of Kriza Corporation ROA 792 5. Defendants Jay and Rita Sehgal's Joinder in Geotechnical Solutions, Inc.'s Motion to Contest Cross-Defendant Krizia Corp.'s Application for Determination of Good Faith Settleme...

Excerpt: ...e also CCP §§ 2030,230, 2030.270, 2030.290, 2030.310, Cal. Rules of Court, rules 3.1000, 3.1345.) The meet and confer letter from Plaintiff does not contain an agreement allowing Defendant to supplement its objections—it requested that Defendant supplement its responses and provide documents. (ROA 27, Green Decl. Ex. 3, p. 6.) Instead of substantively responding to the meet and confer or supplementing responses, Defendant supplemented its obj...

Excerpt: ...cuments are in the court's file in this action. It is not necessary to ask the court to take judicial notice of materials previously filed in the case. All that is necessary is to call the court's attention to such papers. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) ¶ 9.53.1a.) Applicable Law Code of Civil Procedure section 2031.010 provides, in relevant part, that “any party may obtain discovery”...