Excerpt: ...ribed conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 504.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2005) 38 Cal.4th 1, 6.) Here, defendant contends the complain...

Excerpt: ...ion of counsel Daniel Law. The court exercises its discretion and considers all briefing in this matter. Ruling on the Mohon The arbitration statutes evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 599, 706; Laswell v. AG Seal Beach, LLC (2010) 189 Cal.App.4th 1399, 1405.) under both federal and state law, a threshold question f...

Excerpt: ... liberally prov-ded there is no showing of prejudice to the opposing party. (Howard v. County of San Diego (4th Dist. 2010) 184 cal.App.4th 1422, 1428; Douglas v. superior court (4th Dist. 1989) 215 cal.App.3d 155, 158.) Despite the of liberally allowing amendments, whether to grant or deny an amendment is nonetheless "largely within the sound discretion of the trial court" and "its exercise will not disturbed in the absence of a showing of gross...

Excerpt: ...llegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. 10 (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The SAC is reviewed keeping this in mind. A review of the SAC shows plaintiff fails to allege sufficient facts to constitute...

Excerpt: ...f's request for judicial notce is granted. Plaintiff has the burden to prove the facts establishing proper service upon the defendants. (Summers v. McClanahan (2005) 140 Cal.App.4th 403, 413.) The filing of a statutorily compliant proof of service creates a presumption that service was proper but such a presumption is rebuttable. (Dilla v. Berquist Const. Co., Inc. (1994) 24 Cal.App.4th 1426, 1441—42; Floveyor Int'l, Ltd. v. Superior Court (Shi...

Excerpt: ...r Lane Riedel's request. Oral argument was requested, and Mr. Riedel's counsel of record appeared at the date and time for hearing on February 28, 2023. The matter was continued to April 11, 2023, supplemental briefing was allowed, and the minutes reflect "briefing schedule per code." California Code of Procedure requires an opposition be supported by nine court days' notice. (Code Civ. Proc., S 1005, subd. (b).) Here, defendant Christopher Lane ...

Excerpt: ...hat may be just." (Code of Civil Procedure secton 410.30(a).) A forum non conveniens challenge normally involves a two- step process. First, the trial court must determine whether a suitable alternative forum exists. (Stangvik v. Shiley Inc. (1991) 54 Cal.3d 744, 751.) If there is a suitable alternative forum, then the next step is to consider the private interests of the parties and the public interest in keeping the case in California. (Ibid.) ...

Excerpt: ...nual wage adjustments for employees in accordance with Measure F, former County Code section 3.12.040, contending any amendment to Measure F must be by voter initiative pursuant to Elections Code secton 9125. Respondent files the instant motion contending Measure F was unconstitutional from its inception or alternately was superseded or rendered unconstitutional by subsequent voter initiative or other state law. Evidentiary Rulings Respondent's o...

Excerpt: ... for Judicial Notice Defendants' request for judicial notice is granted under Evidence Code section 452. Ruling on Motion The motion is granted in part. Defendants seek to strike causes of action 7 through 11, 13 through 19, and 21 through 24 pursuant to Code of Civil Procedure section 425.16. The ant-SLAPP statute creates a two-step process for determining whether an action is a SLAPP: First, the court determines whether the action arises from p...

Excerpt: ....3d 593, 504.) The complaint is reviewed keeping this in mind. As to the third cause of achon for conversion, the demurrer is overruled. The allegations within the complaint, when read as a whole, are sufficient to support this claim. As to the second cause of action, a breach of bailment is generally a contractual relationship where one party agrees to deliver a thing to another party to conform for a specific purpose. (Windelerv. Scheers Jewele...

Excerpt: ... the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 1981) 123 Cal .App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Here, defendants contend the complaint fails to state a cause of action for unlawful detainer because it alleges plaintiffs gave def...

Excerpt: ...vil Prmædure secton 438(c)(1)(A).) The moton is reviewed keeping this in mind. The elements for account stated include (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; and (3) a promise by the debtor, express or implied, to pay the amount due. (Zinn v. Fred R. Bright Co. (1969) 271 Cal.Ap...

Excerpt: ...ion demonstrating meaningful attempts to informally resolve the discovery dispute. (Code of Civil Procedure sections 2025.450()b)(2), 2025.480(b).) Meet and confer efforts pursuant to the Discovery Act are meant to benefit the parties, serving a critical role in the efficient administration of an acton. Indeed, the Discovery Act requires the parties make serious attempts to obtain an informal resolution of discovery issues. (Townsend v. Superior ...

Excerpt: ...r opposition seeking a contnuance to conduct further discovery if the court is inclined to grant the motion. While plaintiffs do have a right to conduct discovery of the facts necessary to sustain their burden of proof, they must also demonstrate that discovery is likely to lead to the production of evidence of facts establishing jurisdiction. (In re Automobile Antitrust Cases I & II (2005) 135 Cal.App.4th 100, 127.) Plaintiffs have only made a g...

Excerpt: ...rnia Rules of Court, Rule 3.1345. Instead, plaintiff unilaterally submitted a concise statement without first seeking leave from the court. Rule 3.1345(b)(2) allows a party to submit a concise statement in lieu of a separate statement where the court authorizes such a submission. Plaintiff made no such request from the court prior to submitting its concise statement. Nor did plaintiff inquire as to whether separate motions, rather than combined m...

Excerpt: ...resno Chrysler Dodge Jeep Ram. Plaintiff purchased a 2020 Chrysler Pacifica from Fresno Chrysler Dodge Jeep Ram, who is not named as a defendant in this action. FCA relies on the arbitration provision found in the RISC, where plaintiff agreed to arbitrate with Fresno Chrysler regarding: "Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrabilit...

Excerpt: ... the current request, defendant seeks to compel plaintiff to participate in arbitration under the FAA for his individual PAGA claim in light of plaintiff's execution of the arbitration agreement. A request to compel arbitration under the FAA may be brought in state court. (Southland Corp. v. Keating (1984) 465 U.S. 1, 16; Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1977) 67 Cal.App.3d 19, 24, disapproved of on other grounds in Rosenthal ...

Excerpt: ... improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) A review of the SAC shows that it is sorely deficient. The allegations are unintelligible, making it nearly im...

Excerpt: ...r reconsideration may be granted where the party makes a suffcient showing that there are facts or circumstances not previously considered and there is a valid reason 11 for not previously offering it earlier. (Code of Civil Procedure section 1008(a); Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Respondent's burden here is comparable to that of a new trial motion, the new or different information must be that which could not, with rea...

Excerpt: ...y demur where the pleading does not state facts sufficient to constitute a cause of acton. (Code Civ. Proc. S 430.10, subd. (e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Mat...

Excerpt: ...tate facts sufficient to constitute a cause of action or when the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 2CG) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural ...

Excerpt: ..., 10, 13, 14, 15, and 16 are sustained. The remainder of the objections to the Torres declaration are overruled. Plaintiff's objections to the Boyle declaration no. 3, 4, 5, and 7 are sustained. The remainder of the objections to the Boyle declaration are overruled. Plaintiff's objections no. 1 to the Roseman declaration is sustained. Defendants' objections to the declaration are overruled in their entirety. Ruling on Motion The motion is denied....

Excerpt: ...nderson 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, The court reviews the demurrer keeping this in mind. As to the ninth cause of action, plaintiff concedes that this claim should not go forward and she intends to dismiss the cause of action. In light of this, the court sustains the demu...

Excerpt: ...ties entered into an agreement on December 10, 2018; however, exhibit 1 is dated in October 2022. The declaration provides a different payment schedule than that of exhibit 1. Plaintiff has presented insufficient evidence of entitlement to judgment and the motion is denied. Further, it appears this action is subject to mandatory dismissal because service of summons occurred more than three years after the action was commenced. "The summons and co...

Excerpt: ...le a cross-complaint at the tme of filing the answer must seek leave from the court to file the cross-complaint. (Code Civ. Proc„ SS 426.50, 428.50, subd. Leave to file a compulsory cross-complaint is generally granted unless the defendant has not acted in faith or there is substantial prejudice to the plaintiff if 8 leave is granted. (Silver Organization Ltd. v. Frank (1990) 217 Cal.App.3d 94, Foot's Transfer & Storage Co. v. Superior Court (1...