Excerpt: ... party and plaintiff and judgment creditor Kari Martinez move the court for leave to late‐file a renewal of judgment for a money judgment entered for plaintiffs and against defendant on January 20, 2012. Moving party sought to file a renewal of judgment in August 2022 and was denied. Moving party filed the instant motion on September 28, 2022. The motion is denied. A renewal of a lump sum money judgment must be filed before the expiration of 10...

Excerpt: ...iled two oppositions to the motion, as explained further, infra. The court thereafter set the motion for hearing and served notice of hearing as required by Code of Civil Procedure 661. No reply to the two oppositions or to the request for judicial notice was filed. Caputo's request for judicial notice is granted. The notice of intention to move for new trial was not timely filed. Judgment was entered by the court August 3, 2022, and served by th...

Excerpt: ...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 Materials Co. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, 12 the court does not assume the truth of contentions, deductions, or ...

Excerpt: ...act (RISC) executed by plaintiffs and Auburn Honda. Plaintiffs purchased a new 2022 Honda Civic from Auburn Honda, who is not named as a defendant in this action. Defendant relies on the arbitration provision found in the RISC, where plaintiffs agreed to arbitrate with Auburn Honda regarding: “Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbi...

Excerpt: ...l Procedure section 430.10(e).) This is compared to a motion to strike, which challenges a portion of a pleading that is irrelevant, false, or improperly pleaded. (Id. at section 437(a).) A motion to strike is the common method used to challenge the sufficiency of punitive damages allegations. (see Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) The court reviews the request as seeking to strike the punitive damage...

Excerpt: ...efendants challenge both the sufficiency of the allegations within all three pleaded causes of action along with challenging the standing of the plaintiffs to bring the wrongful death and survivor claims. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true...

Excerpt: ...'s chosen allegations do not meet the basic pleading requirements in this instance. Specifically, plaintiff does not sufficiently allege the basis for recovery against defendant. Plaintiff alleges there was a prior lease agreement involving a former tenant and defendant occupied the premises with the former tenant. However, plaintiff does not allege any of the terms of this prior lease agreement or whether that agreement identified other occupant...

Excerpt: ...n Motion In the current challenge, defendants seek to strike the entirety of the complaint and all pleaded causes of action pursuant to Code of Civil Procedure section 425.16(c)(1). Section 425.16, commonly referred to as the anti‐SLAPP statute, applies to causes of action brought against a defendant arising from acts in furtherance of a person's right of petition or free speech. The anti‐SLAPP statute creates “a two‐step process for dete...

Excerpt: ... notice are granted. Plaintiff's objections thereto are overruled. Plaintiff submits “judicial notice of facts,” which the court considers to be a request for judicial notice. Plaintiff's requests for judicial notice are denied as they are not proper for judicial notice pursuant to Evidence Code sections 452 or 453. Further, the request does not comply with California Rules of Court rule 3.1306(c). Plaintiff's objections to defendants' exhibi...

Excerpt: ...n Associates LLC. Although the motion also sought summary adjudication of the 3d and 4th causes of action for fraudulent concealment and fraudulent misrepresentation, Steele and Sackheim have dropped their request for that relief. A party may move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showing undisputed facts establishing every element necessary to sustain a ...

Excerpt: ... fails to state facts sufficient to constitute a cause of action and liability against them is preempted by the Graves Amendment. (49 U.S.C. § 30106.) The demurrer is sustained. A party may demur where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 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 conduc...

Excerpt: ...the prior demurrer was sustained, Weaver filed a second amended cross‐complaint on July 29. This document includes a caption identifying 11 causes of action and, within the cross‐complaint, includes 9 causes of action numbered 1 through 7, 11 and 12. It includes 117 paragraphs of allegations with a prayer of 14 paragraphs and approximately 30 pages of exhibits. Later the same day, Weaver filed a "notice of errata" explaining that the previous...

Excerpt: ...complaint, granting plaintiff leave to amend. On April 14, 2022, the court sustained defendants' demur to plaintiff Grand's FAC. In doing so, the court specified that plaintiff Grand was granted leave to amend only as to the first, second, third, fourth, fifth and tenth causes of action. The court sustained defendants' demur to the sixth, seventh, eighth and ninth causes of action without leave to amend. Plaintiff Grand obtained an extension of t...

Excerpt: ...ay or must take judicial notice.” (Aaronoff v. Martinez‐Seftner (2006) 136 Cal.App.4th 910, 918.) The court reviews the complaint keeping this in mind. The applicable statute of limitations for personal injury claims is two years from the wrongful act. (Code of Civil Procedure section 335.1.) A review of the allegations within the complaint shows that each of the two causes of action for motor vehicle negligence are based upon injuries that o...

Excerpt: ... be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted[.]” (Ibid.) A motion to set aside default must be made “within a reasonable time, in no case exceeding six months” from the entry of default. (Ibid.) Here, defendant's motion does not provide grounds of mistake, inadvertence, surprise, or excusable neglect leading up to the entry of default. While defendant ...

Excerpt: ...ing to defendants' affirmative defenses or the allegations in plaintiff's complaint and information regarding recordings of the incident. Defendant provided responses in April 2022. The parties met and conferred and defendant provided further responses in July 2022 including video surveillance from September 13, 2021. In preparation for these further responses, defendant had reviewed the surveillance footage and produced surveillance from the dat...

Excerpt: ... for judicial notice is granted as to the three exhibits attached to the request only. (Cal. Rules of Court, rule 3.1306(c).) Defendant's objection to the declaration of counsel Kelsey Fischer and Exhibit 1 thereto is sustained and the same are stricken. Ruling on the Motion Defendant moves for judgment on the pleadings. A motion for judgment on the pleadings has the same function as a demurrer but is brought when the time for a demurrer has expi...

Excerpt: ...vil Procedure section 685.080(b). The motion is continued to permit the moving party the opportunity to provide further briefing on the issue. Judgment creditors' further briefing shall be filed by October 25, 2022. Any response from judgment debtors shall be filed by November 1, 2022. Judgment Creditors' Motion for Enforcement Costs (filed 7‐11‐2022) Judgment creditors seeks recovery of enforcement costs from judgment debtor Mark Ellis. Judg...

Excerpt: ...ing does not state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 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 Materials Co. (2d Dist. ...

Excerpt: ...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 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.) Plaintiff'...

Excerpt: ....P. § 877, the settlement of a joint tortfeasor must be made in good faith with respect to the remaining defendants. Id. & C.C.P. § 877.6. "The party asserting the lack of good faith shall have the burden of proof on that issue." Id. at subdiv. (d). In determining whether a settlement was entered into in good faith, the court will consider several factors: a rough approximation of plaintiff's total potential recovery and the settling defendant'...

Excerpt: ...2) states that a court may dismiss the complaint after a demurrer is sustained with leave and the plaintiff fails to amend within the time allotted by the court. Dismissal here is discretionary; the court has discretion to accept an untimely amended pleading. (Harlan v. Department of Transportation (2005) 132 Cal.App.4th 868, 873.) The delay in filing the SAC was brief. Plaintiff filed the SAC five days after the timeline set by the court. The em...

Excerpt: ...t of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through armslength bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is exp...

Excerpt: ...ublic policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 1405.) Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger Co. (2d Dist. 2015) 233 Cal.App.4th 390, 396.) It is ...

Excerpt: ...uest for judicial notice is granted. Plaintiffs' request for judicial notice is granted. Plaintiffs' objections to portions of the declaration of Matthew Recore are overruled. Plaintiffs' objection 1 to the declaration of Chris Airola is sustained; all other objections are overruled. Defendants' objections to the declaration of Lina Drake are overruled. 3 Ruling on the Motion A party is entitled to bring a motion for summary judgment where there ...