Excerpt: ...-complaint without leave of Court Moving cross-defendant initially contends that the first amended cross-complaint was improperly filed, suggesting that leave of Court was required. Moving cross-defendant is incorrect. The moving cross-defendant is also the plaintiff. A cross-complaint must be filed against any party who filed a complaint or cross-complaint against him or her before or at the time of the answer to the complaint or cross-complaint...

Excerpt: ...f a statute. It alleges the basic elements of negligence and therefore the demurrer is overruled. Second Cause of Action for Negligence Per Se The violation of a statute, regulation, or ordinance that establishes standards of appropriate conduct may constitute negligence per se if the violation was the cause of the plaintiff's harm. However, this cause of action fails to identify the statute, regulation, or ordinance that the defendants violate�...

Excerpt: ... state, a court rule or an order of the court. (Code Civ. Proc., § 436.) “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not supported by the allegations of the complaint. (Code Civ. Proc., § 431.10 (b).) A motion to strike can also strike legal conclusions. (Weil & Brown, Cal. Prac. Guide, Civil P...

Excerpt: ...tion has been filed affecting title or right to possession of the real property described in the notice.” (Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647 [citation and internal quotation marks omitted].) The notice may be recorded by any party who “asserts a real property claim” in the action. (§ 405.20.) “A lis pendens clouds title until the litigation is resolved or the lis pendens is expunged, and any party acquiring an interest...

Excerpt: ...e and fail to comply with the Court's 10/5/2020 Minute Order (ROA 244) because the supplemental responses do not include all potentially aggrieved employees, such as Real Parties in Interest Brenda Martinez, Natalia Alvarez and Leticia Ramirez, who worked for Defendants in 2017 and/or 2018 and speak a language other than English. ROA 732, Travosan Decl., at ¶14 and Ex. H. DFEH further argues that PCS failed to make a reasonable and good faith in...

Excerpt: ...ction for Setting Aside Trustee Sale; (2) The Second Cause of Action for Cancellation of Deed; and (3) The Fourth Cause of Action for Breach of Agreement. (ROA 2.) Requests for Judicial Notice Defendant requests the court to take judicial notice of the following: 1. Deed of Trust Recorded as instrument number 2018000474058 [(“Item 1”)]. 2. Substitution of Trustee recorded on March 19, 2020 as instrument number2020000123934 [(“Item 2”)]. 3...

Excerpt: ...f his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theories, the defendant has the burden of demonstrating there are no material facts requiring trial on any of them. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 889.) If a defendant fails to meet this in...

Excerpt: ...xpensively meritless lawsuits that threaten free speech on matters of public interest. When it applies, section 425.16 permits a defendant to file a special motion to strike a cause of action (sometimes referred to as an anti-SLAPP motion) within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. (§ 425.16, subd. (f).)” (Newport Harbor Ventures, LLC v. Morris Cerullo World Evang...

Excerpt: ...t the court to take judicial notice of the following: 1. Complaint for Case No. 30-2019-01118696-CU-MM-CTL attached as Exhibit A hereto and to the Notice of Lodgment; 2. Complaint for Case No. 30-2019-01110346-CU-PO-CJC attached as Exhibit B hereto and to the Notice of Lodgment; 3. Stipulation to Consolidate Case No. 30-2019-01118696-CU-MM-CTL and Case No. 30-2019-01110346-CU-PO-CJC attached as Exhibit C hereto and to the Notice of Lodgment; 4. D...

Excerpt: ...demurrer is SUSTAINED WITH FIFTEEN (15) DAYS LEAVE TO AMEND as to the Second, Third, Fourth, and Fifth Causes of Action. “A demurrer tests the legal sufficiency of factual allegations in a complaint.” (Chapman v. Skype Inc. (2013) 220 Cal.App.4th 217, 225.) 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 s...

Excerpt: ... complaint as a whole must be reviewed to determine whether a set of alleged facts constitutes a cause of action. (People v. Superior Court (Cahuenga's the Spot) (2015) 234 Cal.App.4th 1360, 1376.) A complaint need only meet fact-pleading requirements, which requires a statement of facts constituting a cause of action in ordinary and concise language, and should allege ultimate facts that, as a whole, apprise defendant of the factual basis of the...

Excerpt: ...suant to Civil Code section 1717. Civil Code section 1717 states, in part, “(a) In any action on a contract, where the contract specifically provides that attorney's fees and costs, which 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...

Excerpt: ...nt. (¶27(b), ¶28, ¶38 and ¶60 of Complaint). Thus, Plaintiff alleges “unnecessary and injurious methods of operation,” which prevent the application of the immunity articulated in C.C.P. §731a. Additionally, Plaintiff's allegations of negligence assert conduct which is not expressly authorized by statute, as contemplated in Civil Code §3482. The potion of the Demurrer directed to Plaintiff's claims for Negligence, however, is SUSTAINED,...

Excerpt: ...ed from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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 Distric...

Excerpt: ...pposition: 1:3- 6). Indeed, a review of the Complaints attached to Defendant's Request for Judicial Notice confirms the prior Complaints overlap with the Complaint herein. (See Exhibits A through D to Defendant's RJN). The claims asserted within these Complaints are asserted against Defendant Windsor Capital Group, Inc. and encompass identical classes. (See ¶1 of Exhibit A, ¶13 of Exhibit B, ¶2 of Exhibit C and ¶16 of Exhibit D to Defendant's...

Excerpt: ...s. [¶] (b)(1) A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” California Rules of Court, rule 2.550, subdivision (d) states, “The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) Ther...

Excerpt: ...ent to the Settlement, an amended proposed Notice and preliminary approval order are submitted, redlined versions showing all changes, deletions, and additions must also be submitted electronically to the Court, else they will not be reviewed. 1. There is a place in the Settlement for Defendant's authorized representative to print a name, but that has not been completed. 2. The operative Complaint (FAC ¶ 20) contains a limitation to “Janitoria...

Excerpt: ...ng response to the interrogatories.” Appleton v. Superior Ct. (Appleton) (1988) 206 Cal.App.3d 632, 636 states, “Unsworn responses are tantamount to no responses at all.” On 4-30-21, Defendant served Plaintiff (Chavilla Martin) with “Form Interrogatories—General Set No. Two.” (Nadal Decl., ¶ 5 and Exhibit 2.) As of the date of the declaration in support of the Motion, Defendant has not received response to this discovery request. (Na...

Excerpt: ...e ground of lack of jurisdiction of the court over him or her.” “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to effective service.' ” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413; Footnote 35 omitted.) Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163, prov...

Excerpt: ... any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” Code of Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342, explains, “Preliminarily, we note a motion to strike is generally used to reach defects in a pleading which are not subject to demurrer. A motion to strike does not lie to attack a complaint for insufficiency of allegations to justify r...

Excerpt: ...29 Cal.App.4th at p. 276. The test is whether lack of jurisdiction is clear or virtually unattainable. Id. at p. 277. This standard involves an evaluation of the amount fairly in controversy, not an adjudication of the merits of the claim, and requires a high level of certainty that the damage award will not exceed $25,000. Ibid. A court must deny a motion to reclassify the case as limited and keep the matter in the unlimited civil court unless i...

Excerpt: ...rally consider residential telephone and address information private does not mean that the individuals would not want it disclosed under these circumstances.” (Id. at 1252- 53.) Contact information, while personal, is not particularly sensitive, and is basic to civil discovery, especially when people are being identified as witnesses. (Id.at 1253-54.) “Nothing could be more ordinary in discovery than finding out the location of identified wi...

Excerpt: ...nting a discovery referee for future discovery disputes. Ford's Discovery Verifications Plaintiff contends that Ford's Verifications of its discovery responses are inadequate because Ford has not “sworn to the truth of the response under oath.” Ford counters that because it is a corporation, no one person has knowledge of all of the responses to plaintiff's discovery and that its Verification “is substantively identical to” that suggested...

Excerpt: ...riate pursuant to Civ. Proc. Code § 2034.460(a). As for Roughan's income from expert witness employment, “The compensation and expenses paid or to be paid to an expert witness by the party calling him is a proper subject of inquiry by any adverse party as relevant to the credibility of the witness and the weight of his testimony.” Evid. Code § 722. Although an expert is not required to give precise information as to their income from expert...

Excerpt: ...Arbitration Agreement, before arbitration can be compelled. (See 9 U.S.C. §2 and C.C.P. §1281.2). "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972; See also Green ...