Excerpt: ...e documents, and how service was effected. 2. Were the moti on papers served on defendants? The only proof of service in the court file related to the motion papers is the proof of service attached to the Quezada Declaration (ROA 225), which states that only the Quezada Declaration was served on defendants. 3. Was the order granting preliminary approval (filed 6/16/23, ROA 212) served on the LWDA? Plaintiff must file a proof of service reflec...

Excerpt: ...2, 1131 (Ketchum).) The “prevailing defendant on a motion to stri ke be allowed to recover attorney fees and costs only on the motion to strike, not the entire suit.” (LaFayette Morehouse, Inc. v. The Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, 1383; S.B. Beach Properties v. Berti (2006) 39 Cal.4th 374, 381.) The award of fees may include “the fees incurred in enforcing the right to mandatory fees under Code of Civil Procedure sect...

Excerpt: ...that the court improperly ruled on the demurrer without taking into consideration that plaintiff was going to seek leave to file a First Consolidated Class Action Complaint in the related case of Carlson/Aresh v. Hunt. However, plaintiff has since withdrawn his motion seeking leave to file a consolidated class action complaint, rendering this argument moot. The court previously ruled that plaintiff improperly split his causes of action between ...

Excerpt: ...pondent California Coastal Commission (“Commission”) demurs to the first amended petition (FAP) of Petitioner Friends of Newport Harbor. The demurrer is apparently joined by Real Party in Interest City of Newport Beach. The City has already answered the FAP, and it identifies no authority permitting a party that has already filed an answer to join ano ther party's demurrer. However, because the City seeks no relief on its own behalf (askin...

Excerpt: ...llegations set forth in the complaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1 120, 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 C alifornia courts take a liberal view of inartfully drawn complaints, it remains essential that a complain...

Excerpt: ...ng: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of ...

Excerpt: ...oodward -Clyde & Associates (1985) 38 Cal.3d 488, 499 ( Te c h-Bilt).) As an initial matter, moving parties' proof of service is defective, as it attests to service via email only. (see Code Civ. Proc., §§ 1010.6, subd. (a)(2), 877.6, subd. (a)(2) [requiring service via “certified mail, return receipt request ed, or by personal service”].) While defendants OC 405 Partners and the State of California, acting by and through the Department of...

Excerpt: ...ed and the automatic stay in effect before SB 365 took effect, SB 365 is not retroactive in nature, and the FAA preempts SB 365. Plaintiff Club Speed, LLC (“Plaintiff”) argues that SB 365 is procedural in nature and may be applied to existing litigation without any concerns regarding retrospectivity, the K1 Defendants ar e seeking to circumvent the Legislative intent of preventing delays caused by frivolous appeals, and, to the extent any sta...

Excerpt: ...cy of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or impro bable, 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 e...

Excerpt: ...ouri (Doe 5) and Kouri Law Firm, APC (Doe 6) (together, the K houri defendants). (See ROA No. 401.) 5. San Bernardino County (Doe 4), erroneously sued as “County of San Bernardino.” (See ROA No. 322.) 6. Tushar Ramnik Doshi (Doshi) (Doe 9). All six demurrers are SUSTAINED as to the first amended complaint (FAC) in its entirety without leave to amend. The court on its own motion takes judicial notice of the following: 1. The 1/18/24 minute or...

Excerpt: ...tronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 706– 707.) The “prevailin g” party is the party who recovered greater relief in the action on the contract. (Civ.C. § 1717(b)(1).) Code of Civil Procedure Section 998 provides, in relevant part: “(a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section…[¶] (c)(1) If an offer made by a defendant is not accepted and the plaintif...

Excerpt: ...ons Code §2000. On this Motion, Plain tiff has presented evidence that the amount so incurred is $114,631.43. (ROA 637, 639, 641.) The Opposition presented by Defendants Saeed Sorat (“Sorat”) and Hen House Grill, Inc. (“HHGI”) (here, “Defendants”) does not meaningfully attempt to dispute that those expenses were incurred by Plaintiff for this limited proceeding, except to claim generally that they were “excessive” without showing...

Excerpt: ...conferred and agree on the need for a protective order; that Plaintiff provided a draft protective order and Kuhns indicated that it would stipulate to its entry, but Plaintiff has been unable to obtain Defendant Carlos Alcala's participation and signature on the proposed protective order, and that Plain tiff has also refused to seek assistance from the Court such that Kuhns has filed this motion. No opposition has been filed. Initially, the Co...

Excerpt: ...tiff made a reasonable investigation of the condit ion at issue before proceeding with his work before the concealed hazard exception will apply, and there is no evidence of either requirement. Lastly, Defendant contends that new case law shows that there is no duty to warn when a hazard is open and obvio us, particularly when there are alternatives which could have been undertaken. Code of Civil Procedure section 1008(a) provides: “When an app...

Excerpt: ...re is generally followed. First, it is determined whether the plaintiff may bring the suit and force the claimants to interplead. Second, if it is so determined, then the court will discharge the plaintiff from liability and “the action may proceed for the determination of the rights of the various claimants to the property which is then in the custody of the court.” (Weingetz v. Cheverton (1951) 102 Cal.App.2d 67, 80.) Once a judge determine...

Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...

Excerpt: ...ing 4 categories in dispute, the motion is GRANTED for Categories 9 and 22, and DENIED for Categories 10 and 19. Regarding the request for production of documents (“RFP”), the RFP contained in the deposition notice are identical to the RFP at issue in Plaintiff's motion to compel further RFP responses from Defendant, w hich this court granted in part on 10/19/23. (See Minute Order at ROA 90; Prior motion at ROA 43, Ex. 1.) Thus, the court has...

Excerpt: ..., after these motions were filed. In the Replies, Plaintiff contends the supplemental responses remain inadequate. However, there is no indication that Plaintiff attempted to contact Defendant to meet and confer regarding the further responses since said responses were served on Plaintiff in late November and early December. Given the extensive complaints raised by Plaintiff as to the sufficiency of the responses and the lack of meet and confer ...

Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...

Excerpt: ...such records. Thus, the subpoenas to the billing departments of A & S H ealthcare and Alta Vista Assisted Living are quashed in full, and the balance of the subpoenas are quashed to the extent that they seek billing records. The motion is denied as to the balance of the records subpoenas issued by defendant. While the plaintiff s may assert a claim under the physician -patient privilege (See California Consumer Health Care Council, Inc. v. Califo...

Excerpt: ...ligence in making the motion after discovery of the default. [Cita tion.]” (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1420, internal quotations omitted.) Whether the moving party has successfully carried this burden is a question entrusted to the discretion of the trial court and its ruling will not be disturbed in the abs ence of a demonstrated abuse of that discretion. (Hopkins & Carley v. Gens (2011) 200 Cal. App. 4th 1401, 1410.) Initially, ...

Excerpt: ...ernatively, Defendants request that the Court strike all allegations i n the Complaint where Plaintiff claims that his service dog was taken from him through an illegal seizure, and specifically where Plaintiff alleges the following: (1) “Due to race and disability, H.I.P.A. right violation, conspires false allegation of ani mal cruelty, illegal seizure of certified service dog for mental/emotional support,” (2) “conspires with OC Animal ...

Excerpt: ...rk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. Here, there has been no entry of judgment or dismissal. Accordingly, the time for filing the memo of costs has not run. With respect to the merits of the motion, except as otherwise provided, a prevailing party is entitled as a matter of right to recover costs ...

Excerpt: ...led and refused to participate in mediat ion such that the parties are bound to submit this dispute to binding arbitration pursuant to the terms of the arbitration agreement. A petition to compel arbitration “shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days' notice of the date set for the hearing Page 5 of 29 on the petition shall be given....

Excerpt: ...d Complaint A demurrer for sufficiency tests wheth er the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720 -21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury ...