Excerpt: ...to supplemental reply declaration of Daniel Williams is denied. (Code Civ. Proc. § 435.5.) Ruling on Motion Plainti
¯ Steve Frye moves to disqualify attorney Kenneth Brooks from representing defendants California Chiropractic Wellness Corporation, individually and dba New Life Chiropractic, and Timothy Alan Smith in this action. Plainti
¯ also moves to disqualify attorney Rajeev Madnawat from representing defendants Cristina Cyphers, Alexa Gar...

Excerpt: ...r requiring plainti
¯ to furnish a security pursuant to Code of Civil Procedure section 391.1. Plainti
¯ Þled an opposition, signed by counsel Natalie Ludwig, on July 13, 2023. No declaration or a
¯idavit was submitted with the opposition. The motion came for hearing on October 3, 2023, where plainti
¯ was present with Ludwig's law partner, Travis Stroud, who presented argument but no evidence. The court took the matter under submission and ...

Excerpt: ...ted matters, Dec. 8, 2023.) While the ruling did order Ms. Dolmo to Þle her responsive pleading by December 22, 2023, she elected to Þle the instant demurrer to the SAC. The court elects to review the instant demurrer on its substance. A party may demur where the pleading does not state facts su
¯icient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc., § 430.10, subds. (e), (f).) “Uncertain” is deÞned ...

Excerpt: ...res judicata and collateral estoppel. A party may demur where the 19 pleading does not state facts su
¯icient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) A demurrer tests the legal su
¯iciency of the pleading, not the truth of the plainti
¯'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 no matter how impr...

Excerpt: ...ception to this general principle under the doctrine of equitable estoppel: “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plainti
¯ to arbitrate its claims when the causes of action against the nonsignatory are ‘intimately founded in and intertwined' with the underlying contract obligations. [Citation.]” (Ibid., citation omitted.) “The fundamental point is that a party is not entitled to make use of [...

Excerpt: ...nforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2010) 189 Cal.App.4th 1399, 1405.) A threshold question for any motion to compel arbitration is whether an agreement to arbitrate exists between the parties. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence ...

Excerpt: ...pond. (Code Civ. Proc., §§ 1089.5, 1088.5.) A review of the court Þle reveals the time for all respondents' answer or other response has not yet elapsed and no answer has yet been Þled. Accordingly, petitioners' request that the court rule on the veriÞed petition is premature. To allow time for respondents to answer, the court continues the hearing on the veriÞed petition for writ of mandate to be heard February 27, 2024 at 8:30 a.m. in Dep...

Excerpt: ...ment Þled Aug. 8, 2023.) Plainti
¯s are entitled to recover reasonable attorneys' fees against Vincent Procopio. The court must next address whether the request for $51,038 is reasonable. Determining the reasonable amount of attorneys' fees begins with the lodestar method, that is, the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Serrano v. Priest (Serrano III...

Excerpt: ...ct. (Id. at subd. (g).) A demurrer tests the legal su
¯iciency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (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. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions...

Excerpt: ...or summary judgment, the court shall “state its reasons for any other determination” in its written order. (Code Civ. Proc., § 437c, subd. (g).) The court has the inherent power to amend its orders to make them conform to law and 5 justice. (Code Civ. Proc., § 128, subd. (a)(8).) Accordingly, by separately Þled order, the court's January 2, 2024 ruling on submitted matter will be amended to include the following additional language: Defend...

Excerpt: ... asserted or alleged in documents that are the subject of judicial notice, including factual allegations in the complaint Þled in action M-CV-0075665, Dalpino v. Sagar's Saloon, LLC. Discussion A party is entitled to bring a motion for summary judgment where there are no triable issues of fact and the moving party is entitled to judgment as a matter of law. Code Civ. Proc., § 437c(c). This requires more than just establishing that the material ...

Excerpt: ...de Civ. Proc. § 430.10, subd. (e).) A demurrer tests the legal su
¯iciency of the pleading, not the truth of the plainti
¯'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 no matter how 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 accep...

Excerpt: ...annot be established or that there is a complete defense to the cause of action. Id. at subdiv. (p)(2). A party may move for summary adjudication of a particular cause of action in the same manner. Id. at subdiv. (f). To meet the initial burden, moving party must show that one or more elements of a cause of action cannot be established or that there is a complete defense to the cause of action. Id. at subdiv. (o)(2). When the moving party's initi...

Excerpt: ...LC (2020) 53 Cal.App.5th 486, 495.) There is, however, an exception to this general principle under the doctrine of equitable estoppel: “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plainti
¯ to arbitrate its claims when the causes of action against the nonsignatory are ‘intimately founded in and intertwined' with the underlying contract obligations. [Citation.]” (Ibid., citation omitted.) “The fundam...

Excerpt: ...e court but notes this courts rulings in a separate case based on di
¯erent evidence is not citable authority and will not be relied on in the courts analysis of the instant motion. The court on its own motion takes judicial notice of the FAC Þled October 29, 2021. Plainti
¯s objections are overruled in their entirety. Defendants objection number 1 is sustained; the balance are overruled. Preliminarily, as part of its review of all brieÞn...

Excerpt: ...CA US LLC (2020) 53 Cal.App.5th 486, 495.) There is, however, an exception to this general principle under the doctrine of equitable estoppel: “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plainti
¯ to arbitrate its claims when the causes of action against the nonsignatory are ‘intimately founded in and intertwined' with the underlying contract obligations. [Citation.]” (Ibid., citation omitted.) “The...

Excerpt: ...of fact that establish: (1) an overriding interest that overcomes the public's right to access, (2) an overriding interest supporting sealing the record, (3) a substantial probability that the overriding interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no less restrictive means to achieve the overriding interest. (Cal. Rules of Court, Rule 2.550, subd. (d).) This rule a...

Excerpt: ... a partial payment of $1,554.83. In October and November 2023 after judgment had been entered, the parties, through counsel, exchanged several emails regarding the amount owed. In one of these emails on October 20, 2023, defense counsel indicated the "total amount owed as of today is $2,680.68" and that interest is accruing at $0.72 per day. On October 23, 2023, plaintiff's counsel indicated an intention to make payment in early November. On Nove...

Excerpt: ...008, subd. (a).) The motion must also present a satisfactory explanation as to why the evidence was not presented at an earlier time. (Code Civ. Proc., S 1008; Shifter v. CBS Corp. (2015) 240 Cal.App.4th 246, 255.) The moving party bears the burden of showing that the information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it earlier. (New York Times Co. v. Superior Co...

Excerpt: ...uth 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 no matter how 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 aw (Genesis Environment Services v. San Joaquin...

Excerpt: ...tions or the accuracy of the described conduct. (Bader v. Anderson (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. (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.) The court may only refe...

Excerpt: ...e of Civil Procedure secton 515.010. (Code Civ. Proc., S 512.060, subd. (a).) "No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that the property is located there." (Code Civ. Proc., S 512.060, subd. (b).) Plaintiff prov-des declaratory evidence the tractors are likely to be in defendants' possession becaus...

Excerpt: ...e court exercises its discretion and considers the untimely opposition. The parties stipulated in writing for the sale of real property as part of a resolution of all claims with various terms. (Defendant's Exh. 1.) The settlement agreement provdes that tme is of the essence and contemplates a 60-day escrow period once the real property is appraised. (ld. 1, 4.) Defendants present evidence the real property was appraised pursuant to paragraph 1 o...

Excerpt: ...the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc., S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (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 (2009) 179 Cal.App.4th 775, 787.) The allegations in th...

Excerpt: ..., however, the court takes judicial notice of the fact of filing of the documents, but not the truth of the information alleged therein. Plaintiff's objections to the request for judicial notice are overruled. Ruling on the Mohon A party may demur where the pleading does not state facts sufficient to constitute a cause of acton or where the pleading is uncertain. (Code Civ. Proc., S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is amb...