Excerpt: ...ations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (Cal. Rules Ct., rule 3.1324(a).) 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 discover...

Excerpt: ...irst appearance in this action and was filed prior to an answer. Additionally, Counsel for Plaintiff concedes he granted an extension to answer, pursuant to California Rules of Court, rule 3.110(d). (¶2-¶3 of Nicholson Declaration.) While Plaintiff's Counsel asserts the extension permitted only an answer, Code of Civil Procedure section 396b, subdivision (a) permits a motion to change venue “within the time otherwise allowed to respond to the...

Excerpt: ...Thus, no matter how unlikely or improbable, the allegations 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) 5...

Excerpt: ...ent. Demurrer for Uncertainty “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (Khoury v. Mali's of California, Inc.  (1993) 14 Cal.App.4th 612, 616.) “[D]emurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (Lickiss v...

Excerpt: ...ant owed the plaintiff a legal duty, (2) the defendant breached the duty, and (3) the breach proximately or legally caused (4) the plaintiff's damages or injuries. (Thomas v. Stenberg (2012) 206 Cal.App.4th 654, 662.) Here, Escrow Company contends Broker hasn't adequately alleged the element of duty regarding the transaction involving sale of real property in Irvine. The Cross-Complaint alleges Broker assisted Xiaoying Zhu in selling the subject ...

Excerpt: ... of the claim by establishing a probability of success.”  (Baral v. Schnitt (2016) 1 Cal.5th 376, 384.)  If the defendant meets his burden, then the plaintiff must show the “challenged claim based on protected activity is legally sufficient and factually substantiated. The court, without resolving evidentiary conflicts, must determine whether the plaintiff's showing, if accepted by the trier of fact, would be sufficient to sustain a fav...

Excerpt: ...plaintiffs' contribution to the case, that plaintiffs Vasquez and Gonzalez claim in their identical, unsigned declarations to have spent only about 30-40 hours on the case, and that plaintiff Cervantes was a successor in interest and did not submit any declaration. The court concludes that the $125,000 class action and PAGA settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards: • $41,666.66 to pla...

Excerpt: ...mation the employee “has reasonable cause to believe ... discloses a violation of state or federal statute” or of “a local, state, or federal rule or regulation” with a government agency, with a person with authority over the employee, or with another employee who has authority to investigate or correct the violation.” (Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 709, citing Labor Code § 1102.5, subd. (b).) Defend...

Excerpt: ...d from interfering in any way with or attempting to dissuade any borrower from making payments to Plaintiff's attorney. Judgment Debtors file no opposition. For the following reasons, the unopposed motion for assignment order and restraining order is GRANTED. On 09/09/2022, this court entered judgment in favor of Judgment Creditor and against Defendants/Judgment Debtors Assent Mortgage, LLC, and Mahyar Kazemi aka Matt Kazemi [ROA 242]. Notice of ...

Excerpt: ... cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f) [1]; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therein].) “A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur...

Excerpt: ...e 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 §§ 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 i...

Excerpt: ... in presenting his grievances, and fully recognizes the personal investment plaintiff has in his case, the court must treat a pro per party the same as a represented party, i.e., uniformly applying the procedural and substantive rules. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247.) “ ‘A litigant has a right to act as his own attorney [citation] “but, in so doing, should be restricted to the same rules of evidence and procedure as is...

Excerpt: ...as to Exhibit 4 pursuant to Evid. Code, § 452, subd. (d). The court GRANTS the RJN as to Exhibit 3 pursuant to Evidence Code section 452, subdivision (d), to the extent it requests the court to take judicial notice of its ruling on 10-4-22. The court DENIES the RJN as to Exhibit 1. Code of Civil Procedure section 2033.420, subdivision (a), states, “If a party fails to admit the genuineness of any document or the truth of any matter when reques...

Excerpt: ...s and attorney's fees to a prevailing plaintiff in litigation filed pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff's prosecution of the action was not in good faith.” The court notes that Civil Code section 1780, subdivision (e), allows Plaintiff to seek attorneys' fees and costs. (Motion; 7:17- 18 and Opposition; 10:25-28.) The parties do not appear t...

Excerpt: ... (collectively “Cross-Complainants”) appeal of the Judgment. General Authority for Reasonableness of Attorney Fees: In determining the amount of fees to award, a court has broad authority to determine the amount of a reasonable fee. (PLCM Group v. Drexler (2000) 22 Cal.4 th 1084, 1095.) Statutory attorney fees are ordinarily determined by the court pursuant to the “lodestar” or “touchstone” method. (The Rutter Group, Cal. Prac. Guide ...

Excerpt: ... Both sides seek sanctions. (1) Special Interrogatories Nos. 3-6 ask Defendant to state (3) the business necessity of its requirement that Plaintiff receive a Covid-19 vaccine; (4) all reasons Defendants requires its musicians to receive a Covid-19 vaccine; (5) all evidence Defendant has that the currently available Covid-19 vaccines prevent Covid-19 infection; and (6) all evidence Defendant has that the currently available Covid-19 vaccinations ...

Excerpt: ...fied Petition alleges the following causes of action: (1) Writ of Mandate for Violation of Government Code sections 6250 et seq.; (2) Declaratory Relief; and (3) Injunctive Relief. (Petition.) Respondents (Todd Spitzer and County of Orange) filed their Answer to the Petition on 1-3-23 under ROA No. 21. The Petition pertains to five requests pursuant to the California Public Records Act (CPRA). (Petition; ¶ 3.) The Petition alleges the five reque...

Excerpt: ...de of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showing 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...

Excerpt: ...(in the amount of $9,000) against Plaintiff and counsel of record. Motion to QUASH is GRANTED. No sanctions. Defendant Diane argues the broad subpoenas issued to the two banking institutions violate her privacy rights. Where the right to privacy is asserted as a protection against discovery, the person raising the objection must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumsta...

Excerpt: ...the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. [¶] (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: [¶] (1) The party. [¶] (2) An attorney who represents the part...

Excerpt: ...ch are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. . . Reasonable attorney's fees shall be fixed by the court, and shall be an element of the costs of suit.” Further...

Excerpt: ...ing competent testimony based on personal knowledge of irreparable harm, immediate danger, or other statutory basis for granting relief ex parte. Newsom v. Superior Court (2020) 51 Cal.App.5th 1093, 1097 (citing Cal. R. Ct. 3.1202(c)). A trial court should deny an ex parte application absent the requisite showing. Newsom, 51 Cal.App.5th at 1097. None of the declarations filed in support of defendants' ex parte application establish irreparable ha...

Excerpt: ...ded Complaint (“FAC”). Injunctive relief is not a cause of action; it is a remedy. Although the demurrer is sustained without leave to amend the Third Cause of Action, this does not preclude Plaintiffs from seeking leave to amend to add new or different claims that may warrant injunctive relief. Request for Judicial Notice The Request is GRANTED as to Exhibit 1, the Complaint and exhibits thereto. The Request is DENIED as to Exhibit 2 (Notice...

Excerpt: ...the fifth cause of action for inducing breach of contract and the sixth cause of action for intentional interference with contractual relationship. First, Defendants contend that as officers/directors of Defendant Festival of Arts of Laguna Beach (Festival), they cannot be held liable for interference with a contract to which Festival was a party. Second, Defendants contend the FAC fails to allege facts supporting elements of the fifth and sixth ...

Excerpt: ... granted. The Complaint alleges Plaintiff is a T-Mobile dealer which operated on premises owned by Defendant. (¶¶ 6-7.) Plaintiff and Defendant executed a License Agreement allowing Plaintiff to operate on the premises between 2/1/22 and 4/30/22. (Complaint, Ex. A.) Plaintiff discovered that in November 2021, Defendant entered into a lease agreement with non- party Pokeworks. (¶ 8.) Plaintiff reached an agreement with Pokeworks wherein Pokewor...

Excerpt: ... the Court's ruling, below. First Cause of Action for Quiet Title Pursuant to Code of Civil Procedure § 761.020, an action to quiet title shall include: (a) a description of the property that is the subject of the action; (b) the title of the plaintiff as to which a determination is sought and the basis of the title; (c) the adverse claims to the title of the plaintiff against which a determination is sought; (d) the date as of which the determi...

Excerpt: ...urrer First, Second, Third and Fourth Causes of Action: Negligence-Based Causes of Action As an initial matter and as the Court recognized in its ruling on the first demurrer, the District cannot be vicariously liable for Doe 2's sexual abuse of Plaintiff. (See ROA 74; see also, John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 447; Steven F. v. Anaheim Union High School Dist., (2003) 112 Cal.App.4th 904, 909.) Plaintiff's opposition ...

Excerpt: ...ices, Inc. (the “entity defendant”). With regard to the individual defendant, the motions are GRANTED. With regard to the entity defendant, the motions are GRANTED – subject to the filing of a supplemental declaration attaching the discovery requests and the proofs of service. According to the declaration of plaintiff's counsel, all three discovery devices were served on the defendants and no responses were received. California Code of Civi...

Excerpt: ...int on 1-23-2020 alleging: 1. Violations of the Investigative Consumer Reporting Agencies Act (“ICRAA”), Cal. Civ. Code § 1786, et seq.; and 2. Declaratory Relief. Plaintiffs alleged that Defendants obtained investigative consumer reports about each of the Plaintiffs during the processing of Plaintiffs' Application for Occupancy at the Rosena Fountains Apartments, and the Luxaira Apartments, without complying with the mandatory requirements,...

Excerpt: ...amination, the party shall obtain leave of court. (b) A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” “The court shall grant a motion for a physical or men...

Excerpt: ... points out in its reply, a special motion to strike cannot be brought in a limited civil case. (1550 Laurel Owner's Assn., Inc. v. Appellate Division of Superior Court (2018) 28 Cal.App.5th 1146, 1158.) Thus, Defendant could not have brought the motion when it was served with summons, while the case was pending in limited. However, once the Clerk served the Notice of Transfer, Reclassification and/or Consolidation (the “Notice”) on March 23,...

Excerpt: ...reach and resulting damage. [Citation.] If the action is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal. App. 4th 299, 307.) Plaintiff has pled the existence of a valid contract between it and defendant/cross- complainant Rezidential Development, Inc. ...

Excerpt: ...iff entered into on 05-12-2020 (the “Lease”). The Lease contained an indemnification clause which required OCCA to indemnify Ostraka from any losses, claims or damages caused by the misuse of the Property. Ostraka hired a general contractor Service First to renovate the Property. Service First was required to obtain approval from Plaintiff for the specific work. After the Lease was entered into, OCCA instructed Service First to perform other ...

Excerpt: ...lar interrogatory is evasive or incomplete; (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate; or (3) An objection to an interrogatory is without merit or too general.” Samhouri seeks to compel Plaintiff/Cross-Defendant Bin An to provide further responses to Form Interrogatories Nos. 1.1 and 15.1. The interrogatories were served via email on 10...

Excerpt: ...s, Special Interrogatories, and Form Interrogatories; (2) deeming the truth of all matters specified in Plaintiff's first set of Requests for Admission as admitted; and (3) imposing monetary sanctions. Code of Civil Procedure sections 2030.290 and 2031.300 state that if a party to whom interrogatories or a demand for inspection “fails to serve a timely response to it,” the party waives any and all objections and the propounding party may move...

Excerpt: ...eously labelled), 20, 22 and 29, within 15 calendar days' notice of this order. Additionally, Defendant and his counsel of record are jointly ordered to pay sanctions to Plaintiff, in the amount of $1,908.00, pursuant to Code of Civil Procedure section 2023.030(a). See also Code Civ. Proc., § 2023.010(e) and (f). Initially, the instant motion was filed on April 21, 2023, which is precisely 45-days after the date Counsel declares Defendant served...

Excerpt: ...tions, and actual production of documents in response to Requests for Production, Set One (“RFP”), Nos. 1 to 23, and awarding monetary sanctions in the amount of $2,440 against each defendant. This Motion is DENIED, in its entirety, as follows. A motion to compel a further response to a demand for inspection must set forth specific facts showing good cause justifying the discovery sought by the discovery request. Code Civ. Proc. § 2031.310(b...

Excerpt: ...otice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii)...

Excerpt: ...uty, negligence, declaratory relief, and injunctive relief. (ROA 2). Just five days later, on 9/19/22, prior to service on Defendant or any appearance by Defendant, Plaintiffs filed a request for dismissal of the entre action with prejudice. (ROA 12). The paralegal for Plaintiffs' counsel, Ms. Jimenez, testifies that she mistakenly filed the case in Orange County and the Clerk told her to dismiss it and refile in Los Angeles. (Jimenez Decl., ¶¶...

Excerpt: ...2019, Plaintiff filed the First Amended Complaint, adding a PAGA cause of action. (ROA 94). On January 6, 2023, by stipulation and order, Plaintiff filed the Second Amended Complaint (ROA 220) asserting the following causes of action: 1. Failure to Pay Lawful Wages; 2. Failure to Provide Lawful Meal Periods or Compensation in Lieu Thereof; 3. Failure to Provide Lawful Rest Periods or Compensation in Lieu Thereof; 4. Failure to Timely Pay Wages; 5...

Excerpt: ...hi (2008) 158 Cal.App.4th 1120, 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 sufficien...

Excerpt: ...murrers timely pursuant to CCP Sections 472 and 1005. The current Demurrers are therefore Moot. Clerk to give Notice. Motion to Compel Arbitration Moving Party: Defendants Treadstone Medical LLC; Treadstone Holdings LLC; M4D LLC; Infinity Neuro LLC (China); StoneWall; Vtail Medical LLC; David Ferrera; Dawson Le; Randall Takahashi; and Charles Yang Responding Party: Plaintiff Balt USA, LLC SERVICE: December 9, 2022, by electronic service RELIEF SO...

Excerpt: ...3) final approval of Class Counsel; (4) final approval of Settlement Agreement; (5) final approval of Gross Settlement Amount; (6) final approval of disbursements; and (7) entry of Final Judgment. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage-and-hour class and PAGA action. On October 23, 2020, Plaintiff Antonio Hernandez, on behalf of himself and all other aggrieved (“Plaintiff”), filed the original Complaint against Defendan...

Excerpt: ...ial notice is GRANTED. On its own motion, the Court will take judicial notice of its dismissal order in Plaintiff's related class action, i.e., Cabrera v. Premier Contractors, Inc., 22-01268395. (Evid. Code § 455(a).) 2. Background Currently this is a PAGA-only matter involving the non-exempt employees of Defendant, a construction company that employed Plaintiff Cabrera as a drywall installer. Per the operative complaint (ROA 2), the predicate L...

Excerpt: ...lso should provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Although the motion provides the estimated average payment to class...

Excerpt: ...mitted, a redline showing all changes, deletions and additions must be submitted as well. Preliminarily, the moving papers were not accompanied by declarations attesting to any of the factual claims made in the moving papers or authenticating the documents attached to the moving papers. The Court cannot make the factual findings necessary for preliminary approval without admissible evidence. (This includes not only the additional information requ...

Excerpt: ...lectively, “Defendants”). (ROA 2). The Complaint asserts the following 11 causes of action: 1. Failure to Pay Minimum Wage; 2. Failure to Compensate For All Hours Worked; 3. Failure to Pay Overtime Compensation; 4. Failure to Pay Rest Period Compensation; 5. Failure to Pay Meal Period Compensation; 6. Failure to Furnish Accurate Wage and Hour Statements; 7. Failure to Pay Wages Upon Discharge; 8. Statutory Penalties (Labor Code §§ 203, 558)...

Excerpt: ...ail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that the defendant is likely to suffer if the court grants a preliminary injunction.'” (Take Me Home Rescue v. Luri (2012) 208 Cal.App.4th 1342, 1350.) The party seeking injunctive relief bears the burden of proof. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1481.) The first e...

Excerpt: ...terminated by plaintiffs/LBG. The court denies the motion as to those documents. Plaintiffs' Request for Production, Set One, seeks documents that relate to Goldman's alleged participation in real estate projects and transactions apart from his work with the LBG entities, and his alleged use of LBG resources for those real estate projects and transactions, including the employment of then-employee of LBG entities Chris Han, which serve as the fac...

Excerpt: ... substantive response is warranted. Plaintiff granted numerous extensions to defendant provide both the initial responses and further responses. (Chapin decl. ¶¶ 3, 11-13 & Exs. 8, 10-15.) Plaintiff appropriately waited to file this motion until the last day to which the parties had agreed in writing. (Code Civ. Proc., § 2030.300, subd. (c).) Although defendant stated he would provide further responses by 7/10/23 “or perhaps earlier,” this...

Excerpt: ...sanctions for the reasonable costs and attorneys' fees incurred by Defendant in successfully bringing the Motion to Quash Deposition Subpoenas for Production of Business Records. FACTS/OVERVIEW: This is a negligence and continuing nuisance action. On March 23, 2017, Plaintiffs South Coast Shipyard, LLC and Peter Stewart (“Plaintiffs”) filed their Complaint alleging claims arising out of the design and construction of a mixed-use, residential ...

Excerpt: ...aintiffs added these causes of action to the SAC without leave of Court. (See Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023 [following order sustaining a demurrer or a motion for judgment on the pleadings with leave to amend, plaintiff may amend complaint only as authorized by the order].) Here, Plaintiffs filed their SAC on 4/24/2023 without obtaining leave of court to insert additional causes of action. The court ORDERS the...

Excerpt: ...equests at issue. (See ROA 53, 55, 57, 64, 68.) For all of the motions at issue, Defendant's separate statements also failed to include the text of Plaintiffs' initial responses and thus failed to comply with California Rules of Court, rule 3.1345. Rule 3.1345(c)(2) requires the separate statement to include the text of each response, answer, or objection, and any further responses or answers. The separate statement is supposed to provide all the...

Excerpt: ...titions to correct arbitration award, are denied. Procedural Issues The court treats Tear Drip's second petition to correct arbitration award (ROA 126) as a response to Oakshire's petition to confirm award. (Code Civ. Proc., § 1285.2.) The court notes that both sides failed to file timely responses. (Code Civ. Proc., § 1290.6 [response shall be served and filed within 10 days after service of the petition]; see Law Finance Group, LLC v. Key (20...

Excerpt: ...e Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1206-1211 [“[w]hether a dangerous condition has existed long enough for a reasonably prudent person to have discovered it is a question of fact for the jury”]; Scott v. Alpha Beta Co. (1980) 104 Cal.App.3d 305, 308-309 [notice shown where defendant “knew that it was raining, that water from the customers' shoes and clothing or umbrellas would inevitably be deposited on the floor as they entere...

Excerpt: ...g reasons, defendants' demurrer is sustained with leave to amend. 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 13...

Excerpt: ...ion of $89 based on an overstated amount, for a total amount of $23,376. Krain contends that a $500 hourly rate for her counsel, Joshua Koltun (“Koltun”), is reasonable and within the range for experienced media attorneys in California based upon his experience and specialty in media/First Amendment issues, and that $500 per hour was the charged rate in this case. Krain also argues that the hours for which Defendant seeks an award are reasona...

Excerpt: ...ntiff Patricia Kells as trustee of the Patricia Lynn Kells Living Trust. The court granted defendants' motion for summary judgment on March 9, 2023. See 3/9/23 Order & 3/27/23 Judgment. For the following reasons, defendants' motion is granted. A. Entitlement to Attorneys' Fees Plaintiff is the widow of Robert T. Kells, Jr. (Robert) a former member of defendant Blueridge Business Group. Robert initially owned 20% of Blueridge; Robert sold 5% of hi...

Excerpt: ... Elder Abuse. (Opp at 1:12-13) Plaintiffs also concede the propriety of Carol Wilson's demurrer to the SAC. Accordingly, the demurrer is SUSTAINED as to the 2nd and 4th causes of action and as to the claims made against Carol Wilson. The remaining issue in the demurrer is the Negligence cause of action asserted by Thomas and Jailyn Kramer (“Plaintiffs”) against the HOA. The issue is whether the Plaintiffs as tenants have standing to assert th...

Excerpt: ...if., Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the Complaint names Katherine Stride and her minor son, J.S., as Plaintiffs. The Complaint does not specify which individual plaintiff (Stride or her son) is bringing each cause of action, nor does it identify which causes of action apply to each Defendant (RSC, Moore, or Butts). The Complaint therefore fails to inform each Defendant of the allegations that are being raised against them, and of the...

Excerpt: ...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 the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complai...

Excerpt: ...is insufficient because defendants did not enter into any agreement with plaintiff contractor. The contract identifies the client as the address “@Odyssey VR.” It was signed by “Lei Zhao,” and even though it does not identify his capacity, the amended complaint alleges that he was “Defendants' Chief Operating Officer at the time of execution.” A check for the initial payment was also cut by Irvine Management Company “to the order of...

Excerpt: ...e, the allegations 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 (199...

Excerpt: ...of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may b...

Excerpt: ... ambiguities can be clarified in discovery. (Khoury v. Maly's of Calif., Inc. (1993) 14 CA4th 612, 616.) Here, the Complaint adequately apprises the Defendant of the nature of and basis for the claim, for pleading purposes. The Demurrer, based on the statute of limitations and C.C.P. § 430.10(e), is OVERRULED. A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred. (Lee v. Hanley (2015) ...

Excerpt: ...ition. For the following reasons, defendants' demurrer is overruled. 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...

Excerpt: ...r is clearly frivolous, the court shall award court costs and reasonable attorney's fees to the public agency.” “The PRA does not define the term ‘clearly frivolous' for purposes of an award of fees and costs under that statute.” (Bertoli v. City of Sebastopol (2015) 233 Cal.App.4th 353, 368 (supra).) However, California courts have adopted the test articulated in In re Marriage of Flaherty (1982) 31 Cal.3d 637 (Flaherty), 183 to determin...

Excerpt: ...iduciary duty because the alleged breaches of fiduciary duty are little more than allegations of breach of contract. Plaintiff alleges Aviation Consultants stopped making cash distributions while it continued to allocate profits to him, and this was done so as to pressure plaintiff (and other minority shareholders) to sell their shares. Plaintiff alleges he was damaged because he incurred tax liability without having the corresponding cash distri...

Excerpt: ...) Except as otherwise provided in Section 396a [not applicable here], if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, withou...

Excerpt: ...udgment on the cause of action. Cal. Civ. Proc. Code § 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Id. Plaintiff's third cause of action alleges violation of Civil Code section 1632 against defendants Ben Auto Haus, LLC and San Diego County Credit Union. Plaintiff alleges defendant Ben Auto ...

Excerpt: ...oint employer; that Plaintiff was misclassified as exempt; and that Plaintiff was not reimbursed for business expenses incurred for Defendants' benefit. (Issues 21-23.) Defendants Line Drive Trucking, Inc. (“Line Drive”) and Mark Ward (“M. Ward”) (together, “Defendants”) filed an opposition. Defendant Man Staffing, LLC (“Man Staffing”) has not filed an opposition. Plaintiff contends that the motion concerns three (3) primary issue...

Excerpt: ...uary 2, 2023; on May 11, 2023, Plaintiff served Defendant with a notice of deposition for May 25, 2023; and on May 16, 2023, Plaintiff served Defendant with a notice of deposition for June 29, 2023, which was a date previously offered by Defendant's counsel. (Medvei Decl., ¶ 4-6, Exs. 1, 4, 6.) Each time Defendant objected to the deposition notice on the grounds that the deposition date was unilaterally chosen by Plaintiff and that Defense Couns...

Excerpt: ...of the former Redlands chapter of the Pateadores Soccer Club. Second Amended Complaint (SAC) ¶ 1. Defendant MVPI operates as the Pateadores Soccer Club, which consists of various geographical chapters. Id. ¶ 2. Defendant Brosnan is the Vice President of Operations and the Secretary of the Board of Directors of MVPI. Id. ¶ 3. Defendant Briggs has served as the Chief Executive Officer of MVPI, the Chief Financial Officer of MVPI, and Chairman of...

Excerpt: ...et One) on January 28, 2022. On April 29, 2022 defendant served responses. Plaintiff's counsel sent defense counsel a meet and confer letter on June 3, 2022. Goldsmith Decl. Ex. 3. Defense counsel replied to plaintiff's counsel's letter by letter on June 13, 2022. Id. Ex. 4. In the June 23, 2022 letter, defendant agreed to produce (i) additional responsive “TSBs” (Request No. 29); (ii) upon entry of a protective order, defendant's “Warranty...

Excerpt: ...unding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. (3) An objection to an interrogatory is without merit or too general.” SPROGs 8-13 seek informat...

Excerpt: ... procedure requirements have been met: The instant motion was filed on March 27, 2023, in accordance with an agreed upon extension. (¶13 of Goldsmith Declaration and Exhibit 5 thereto; See also ¶6 of Shugart Declaration and Opposition: 2:16-20 [conceding the same.]) Thus, the motion is timely pursuant to Code of Civil Procedure section 2030.300, subdivision (c). Additionally, per the Declaration of Plaintiff's Counsel efforts were made to meet ...

Excerpt: ... 2019. Attorney Frank Sariol substituted out as plaintiff's counsel by means of a substitution of counsel filed on May 24, 2021. ROA 66. Plaintiff's motion does not seek an order declaring the lien asserted by Sariol Legal invalid. Attorney Steven R. Young became plaintiff's counsel of record by means of the same substitution of counsel. ROA 66. On July 20, 2021 plaintiff filed a Notice of Association Counsel stating plaintiff associated Jerisat ...

Excerpt: ...4, for the reasons below. Except in response to SI No. 17, Defendant is ordered to provide objection-free, verified responses to SI Nos. 18, 19, 23 and 24 within 10 days. To be clear, the responses should not attempt to reassert any objection that the Court already found to be without merit in its 2/16/2023 Minute Order or contain prefatory, boilerplate objections, including privilege, since no privileged information has been withheld. Defendant ...

Excerpt: ...m between the parties. Defendant argues that it is a public entity HMO operating under a joint powers agreement between Riverside and San Bernardino Counties and this action must be transferred, under Code of Civil Procedure section 394(a), to San Bernardino County because Plaintiff's complaint expressly alleges that the negligence of Defendant caused Plaintiff legal injury and damages. Alternatively, Defendant contends the action should be trans...

Excerpt: ...and Recapitalization Agreement): Chart from Schedule 3.5 on CFG000086-87. 2. Exhibit F (Asset Contribution Agreement); Chart from Schedule 2 on CFG000008, Personal address on top left of CFG000005. 3. Exhibit G (Consulting Agreement): Consulting fee amount at para. 3 on CFG007349. 4. Exhibit J (Investment Memorandum): Bottom half of pages CFG001473-1480. The following documents and/or portions of documents, filed in support of plaintiff's opposit...

Excerpt: ...a probability of success.”  (Baral v. Schnitt (2016) 1 Cal.5th 376, 384.)  If the defendant meets his burden, then the plaintiff must show the “challenged claim based on protected activity is legally sufficient and factually substantiated. The court, without resolving evidentiary conflicts, must determine whether the plaintiff's showing, if accepted by the trier of fact, would be sufficient to sustain a favorable judgment.”  (Bara...

Excerpt: ...ded in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f) [1]; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action stated therei...

Excerpt: ... The Motion to strike is DENIED. Legal Standard on Demurrer A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 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...

Excerpt: ...e sixth cause of action of the Cross-Complaint filed by Cross-Complainant Dehong Liu pursuant to Code Civ. Proc. § 425.16. For the following reasons, the anti-SLAPP motion to strike is GRANTED. ---------------------------- Motion # 1 ---------------------------- Demurrer to Cross-Complaint 1. Meet and Confer A party demurring or moving to strike a pleading is required to meet and confer “in person or by telephone” with the party that filed t...

Excerpt: ...int.” (Code Civ. Proc., § 426.10, subd. (c) [3].) “[T]he phrase ‘related cause of action' in section 426.30 is defined as ‘a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.' [Citation.] Because of the liberal construction given to the statute to accomplish its purpose of avoiding a multiplicity of actions, �...

Excerpt: ... Defendant's MSJ to be heard 07/05/2023. Defendant later decided against filing that motion. (Hernquist Decl. ¶ 11.) Plaintiff's counsel believed that on 06/09/2023, the parties had orally agreed to continue the cross-motions for summary judgment from 07/05/2023 to a date sometime in August. (Mogavero Decl. ¶ 4.) The court notes that the record shows that at that time, neither party had filed an MSJ or cross-MSJ. At some point between 06/09/202...

Excerpt: ...igned “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order . . . . This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes.” (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016 [quoting Townsend v. Super. Ct. (1998) 61 Cal....

Excerpt: ...(a).) The court may also “order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Ibid.) The purpose of consolidation is to enhance trial court efficiency (i.e., to avoid unnecessary duplication of evidence and procedures), and to avoid the substantial danger of inconsistent adjudications (i.e., different results when matters are tried before different ju...

Excerpt: ...t retain counsel. "Cu]nder a long- standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney." (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) "It must be represented by licensed counsel in proceedings before courts of re...

Excerpt: ...NIED. Code of Civil Procedure section 473(b) states, in relevant part: The court may, upon any terms as be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise t...

Excerpt: ...inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: C'] (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. [Tl] (b) A motion under subdivision (a) shall c...

Excerpt: ...ne or more elements of the plaintiff's cause of action cannot be established. A motion for summary judgment or adjudication is framed by the pleadings. Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258; County of Los Angeles v. Superior Court (2009) 181 Cal. App. 4th 218, 226 (overruled on other grounds by Leon v. County of Riverside (2023) 14 Cal. 5th 910). There is no dispute between the parties regarding the elements of the single...

Excerpt: ...blished or there is a complete defense. (Code Civ. Proc., 437c(a), Only after a defendant meets that burden does the burden shift to the plaintiff to produce admissible evidence showing the existence of a triable issue as to a cause of action or complete defense. (ld.; Hawkins v. Wilton (2006) 144 cal.App.4th 936, 940.) In a medical malpractice action, when a defendant moves for summary judgment and supports his motion with expert declarations th...

Excerpt: ...(Code Civ. Proc., 5 430.10, subd. (e). The remainder of the demurrers are OVERRULED. Plaintiff shall have 10 days to file an amended complaint. Defendants Max Sandoval, 6 Star, and Maxx's request for judicial notice is DENIED. (Evid. Code, 453, subd. (a) [adequate notice required]; Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal .App.3d 369, 374 ["The hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of h...

Excerpt: ...ng and abetting of the Complaint filed by Plaintiffs, Philips North America, LLC; Koninklijke Philips N.V; and Philips India, Ltd. (collectively "Philips"). The Court SUSTAINS, with 10 days' leave to amend, the demurrer as to the First and Second COAs. The Court OVERRULES the demurrer as to the Third COA. First and Second COAS — Fraudulent Transfer and Constructive Fraudulent Transfer Civil Code section 3439, et seq. is known as the Uniform Voi...

Excerpt: ...C on behalf of Messner as they are uncertain. Code Civ. Proc. S 430.100.) Demurrer is sustained with 20 days leave to amend. (Code Civ. Proc., 5430.10(e), (f).) In the absence of physical injury or impact to the plaintiff himself, damages for emotional distress are generally recoverable only if the plaintiff: (1) is closely related to the injury victim, (2) is present at the scene of the injury-producing event at the time it occurs and is then aw...

Excerpt: ...ion of the Prayer seeking prejudgment interest, Civil Code § 3291 does not apply to wrongful termination actions. (Holmes v. General Dynamics Corp. (1993) 17 Cal.App.4th 1418, 1436; 6 Witkin, Summary 11th Torts § 1828 (2023); Gourley v. State Farm Mut. Auto. Ins. Co. (1991) 53 C.3d 121.) As the gravamen of the claim here is wrongful termination, § 3291 is inapplicable, and no other basis for prejudgment interest is apparent. The Complaint, as ...

Excerpt: ...umbers 3-4, 8-10, 14, 16, 19, 20, and 22- 24 24; Form Interrogatory Number 17.1; Request for Admission Numbers 1, 2, and 4-7; and Request for Production Numbers 1-3, 6-11, 23-25, and 28, within 21 days of service of the notice of ruling. The Motion to Compel Further Responses is DENIED as to all other discovery requests. Plaintiff Placentia-Linda Hospital, Inc.'s Motion to Compel Further Responses from Defendant Superior Health Plan, Inc. dba Amb...

Excerpt: ...subject motions are brought following the deponents' failure to appear at deposition. CCP §2025.450 authorizes a motion to compel attendance and production following a failure to appear. Because the motions are similar in many respects, and because the separate “non-oppositions” filed by the defendants are nearly identical, the two motions are discussed together. Green establishes that on 1/19/23, it served a Notice of Deposition of Persons ...

Excerpt: ...art and DENIED in part. Plaintiff Timothy J. Woodall is ORDERED to pay to Defendants Ronnie Dean Exchavarria, Sr. and Allegiant PI reasonable attorney's fees in the amount of $166,308 within 30 days of service of the notice of ruling. Defendants Ronnie Dean Echavarria, Sr.'s and Allegiant PI's request for costs is DENIED. Defendant Julie A. Woodall seeks an award of $258,503 in attorney's fees, $4,775.00 in anticipated attorney's fees and $60.00 ...