Excerpt: ...rike shall meet and confer in person or by telephone with the party who filed the pleading being attacked to determine whether a resolution may be reached. Code Civ. Proc. §§ 430.41(a), 435.5(a). Here, counsel states he attempted to meet and confer with Plaintiff twice bef ore filing and Plaintiff did not respond. However, Plaintiff asserts in his own declaration that he attempted to call counsel twice to meet and confer and was informed that...

Excerpt: ...parts in their context. If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. [¶] The courts of this state have long since depar ted from holding a plaintiff strictly to the form of action that has been pleaded and 5 instead have adopted the more flexible approach of examining the facts alleged to determine ...

Excerpt: ...rtgage Co. v. Reece (2001) 89 Cal.App.4th 731, 745.) Defendants demur to the breach of contract cause of action on the ground it is not sufficiently pled because Plaintiffs cannot allege their performance under the contract and fail to allege any damages resulting f rom any purported breach by Defendants since Plaintiffs were damaged by their own conduct and inability to meet their obligations under the loan received from Defendants. Here, the 4A...

Excerpt: ...the grounds the Complaint fails to state facts sufficient to constitute a cause of action against Defendant and is “uncertain.” Defendant Endresen The Code provides that unless the grounds for a demurrer are distinctly specified, it may be disregarded. Code of Civil Procedure § 430.60. In the introduction to the points and authorities Defendants argue Endresen is not a proper party because there are no allegations he exceeded the scope of h...

Excerpt: ...tected c onduct of enforcing a judgment. (See Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1052, 1055 -1056 [holding trial court correctly granted anti- SLAPP motion]; Weeden v. Hoffman (2021) 70 Cal.App.5th 269, 286 -287 [obtaining and recording an abstract of judgment is protected conduct].) Plaintiffs fail to show defendant's conduct fell within the narrow anti -SLAPP exception for illegal conduct. (See Flatley v. Mauro (2006) 39 Cal.4th 299.) Def...

Excerpt: ...enging the validit y of the Doe amendment, usually the Doe defendant themselves. This can be shown by demonstrating that the plaintiff knew both the defendant's identity and the facts giving rise to liability when the complaint was filed but did not name them. Taito v. Owe ns Corning (1992) 7 Cal.App.4th 698; Oakes v. McCarthy Co. (1968) 267 Cal.Ap.2d 231. Moving Party did not meet this burden. Arguably, plaintiff did know where the fall occurre...

Excerpt: ...ld have discovere d that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later.” The first part of this provision therefore requires childhood sexual assault lawsuits to be filed by the plaintiff 's 40th birthday. However, the theneffective CCP §340.1(q) extended the statute by up to three years, with the limitations period expiring by no later than January 1, 202...

Excerpt: ...or leave to intervene in Urquidi v. City of Los Angeles, LASC No. 22STCP04044. Should Plaintiffs be denied leave to intervene in Urquidi, the Court will revisit the stay and the pending demurrer. A status conference will take place on August 23, 2024 at 10:30 a.m. The parties shall file a joint status conference statement by August 16, 2024. REQUESTS FOR JUDICIAL NOTICE As to LASC's initial request for judicial notice: the Court GRANTS notice of...

Excerpt: ...OS GUZMAN to leav e the Taft Elementary School campus in his vehicle. (FAC, ¶¶ 3, 26.) As a result, Guzman drove erratically and unlawfully in a school zone and struck Plaintiffs with his vehicle. (FAC, ¶¶ 8, 26) To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to him or her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. (Wiener v. Southcoast Childcare Cent...

Excerpt: ...dant argues that there is no separate cause of action for negligence per se and that the negligence per se portion should be sustained without leave to amend. “‘Ordinarily, a general demurrer does not lie as to a portion of a cause of action, and if any part of a cau se of action is properly pleaded, the demurrer will be overruled.' [Citation.]” (Elder v. Pacific Bell Telephone Co. (2012) 205 Cal.App.4th 841, 856, n.14.) Defendant generall...

Excerpt: ... her opposition. The court in Pillsbury v. Karmgard (1994) 22 Cal. App. 4th 743, 753, held that if any person other than a real party in interest brings an action, it is subject to general demurrer. In the case of a trust, the real party in interest is the trustee of the trust. Id. at 753 -54. Thus, to establish standing, plaintiff must amend her Complaint to state facts establishing her status as a trustee of the trust that owns the subject prop...

Excerpt: ...��[i]f a party to whom interrogatories are directed fails to serve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, BAT, Inc. waived “any right to exercise the option to produce writings under Section 2030.230, as wel l as any objection to the interrogatories, including one based on privilege or on the protection for work product.” (Code Civ. Proc., § 2030.290, subd. (a).) A propounding p...

Excerpt: ...orceable to n onetheless recover attorney fees under that Defendants seek attorney fees pursuant to the terms of an Operating Agreement which provides: “If any party brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the Prevailing P arty in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees.” (FAC, Ex. A, ¶ 9.) (Emphasis added.) The FAC alleges causes of actio...

Excerpt: ...he court previously granted a lengthy trial continuance of nearly seven months, continuing trial from 12/4/23 to 7/1/23. (See 7/14/23 Minute Order.) For that continuance, Plaintiff had requested a 12 - month continuance of trial, arguing that trial in a related civi l action was continued and Plaintiff needs a continuance “so that Plaintiff will be afforded a reasonable time period to conduct discovery in this action after the completion of dis...

Excerpt: ...ated to the iss ue of sanctions: 1. “Opposition to the request for any sanction”, filed on 1/10/24; 2. “Motion Petition to waive the Sanction on 10/20/2023 due to Medical Condition”, filed on 1/26/24; and 3. “Motion: Withdrawal of Motion – Petition to Waive Sanction du e to Medical Condition”, filed on 5/8/24 (which refers to a hearing date of 5/10/24). There is no motion/petition to waive sanctions properly calendared for hearin...

Excerpt: ...rty intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of his or her intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minut es of the court. . . .” The Notice designates the following grounds as the basis for Plaintiff's Motion: (1) Irregularity in the proceedings of the court, jury or advers...

Excerpt: ...nsel also sh ould 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 c lass notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiff has not provided the court with the estimated hig...

Excerpt: ...settlement ag reement. Counsel also should provide a redlined 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. The settlement agreement submitted a...

Excerpt: ...on. Summary judg ment was previously granted in favor of the District. The Court of Appeal reversed as to the first cause of action for negligence and remanded to the trial court to determine whether some or all of the Rowland v. Christian (1968) 69 Cal.2d 108 (Rowland) f actors exist and whether they weigh in favor of limiting the District's duty to A.P. Negligence A.P. was a student at Villa Park High School and turned 19 years old her senior ...

Excerpt: ...ndant, Randy Ellison. Terminating sanctions are appropriate when the “violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules.” (Mileikowsky v. Tenet Healthsystem (200 5) 128 Cal.App.4th 262, 279.) Randy Ellison is selfrepresented and has ceased communicating with Plaintiff. Randy Ellison has ignored this Court's order to meet and confer rega...

Excerpt: ... the event of a disagreement between Owners and in order to break a tie vote, the issue or issues, at the request of any party, shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) before an ar bitrator selected from the panels of the arbitrators of the AAA. In the event of referral to arbitration, the Owner requesting arbitration shall remit the fee to initiate the ar...

Excerpt: ...by Civ. Proc. Code § § 1032 and 1033.5. Plaintiff was the prevailing party at trial against each of the defendants other than 33D. (ROA #574.) “The mere filing of a motion to tax costs may be a “proper objection” to an item, the necessity of which appears doubtful, or which does not appear to be proper on its face. [Citation.] However, “[i]f the items appear to be proper charges the verified memorandum is prima facie evidence that the...

Excerpt: ... the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbi tration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Se...

Excerpt: ...s Abraham Cannon and MyMoveBid.com “to provide software development services for the MyMoveBid.com platform,” but that defendants have not paid over $135,000 for services performed. The complaint also alleges that “MyMoveBid.com is a fictitious business name for Abraham Cannon and if it is an entity, he is the alter ego of such entity.” (The court notes the written agreement attached to the complaint is executed by “Abraham Cannon.” ...

Excerpt: ...on 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.” “A court ruling on a motion u nder CCP § 664.6 must determine whether the parties entered into a valid and binding settlement. A settlement is enforceable under section 664.6 only if the parties agreed to all ...