Excerpt: ...uests on the grounds that the responses do not comply with Code of Civil Procedure section 2031.230. With respect to the production of documents, the motion is denied as moot. In opposition to the motion, the City represents that the subject documents were produced on January 17, 2019, the same date this motion was filed. Plaintiffs concede that the documents have now been produced. With respect to the wording of the City's responses, the motion ...

Excerpt: ...irectly by plaintiff in a case where the court has appointed a guardian ad litem for him. Plaintiff cannot file motions on his own behalf until such time as the court approves the withdrawal of the guardian ad litem. (In re Emery's Estate (1962) 199 Cal.App.2d 22.) The current guardian ad litem cannot simply withdraw from the action. He must bring a noticed motion and request a hearing seeking to withdraw along with discussing why a new guardian ...

Excerpt: ...der Section 437c(b)(1). Ruling on Request for Judicial Notice Defendant's initial request for judicial notice and supplemental request for judicial notice are both granted under Evidence Code section 452. Indeed, judicial notice of such court records is mandatory under Evidence Code section 453 where the party makes a timely request, giving all adverse parties and the court sufficient notice to permit a response to it. (See 2 Jefferson's Californ...

Excerpt: ...on. Second, there is no proof of service in the file demonstrating defendant has been properly served. It is noted service under Code of Civil Procedure section 415.10 et seq. is required since the court file does not reflect defendant has been served with the summons and complaint. Third, it is unclear whether plaintiff has the capacity to bring the current motion. According to the allegations in the complaint, the plaintiff in this action is Li...

Excerpt: ...dicial notice is otherwise granted. Plaintiff's request for judicial notice is granted. On December 7, 2018, plaintiff applied ex parte for a temporary restraining order prohibiting defendants from performing the following acts: Selling, attempting to sell, listing for sale or private auction, recording a trustee's deed, or otherwise completing a non‐judicial trustee sale pertaining to the residential real estate with a physical address of 6021...

Excerpt: ...letters, the court has considered them to the extent discussed, infra. Defendant John Mourier Construction, Inc. (“JMC”) demurs to the first amended complaint filed in this action. A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy ...

Excerpt: ...cribed conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. The ...

Excerpt: ...rguments or explained how co‐defendant's arguments relate to the allegations against moving defendants. As to the second cause of action, defendants rely on extrinsic evidence which may not be considered in ruling on a 3 motion for judgment on the pleadings. Based on all of the foregoing reasons, the motion must be denied. ...

Excerpt: ...fact. Walker v. Walker (1960) 177 Cal.App.2d 89, 91‐92. The purpose of consolidation is to promote trial convenience and economy by avoiding duplication of procedure, especially with respect to the proof of issues common to both actions. See McClure, on Behalf of Caruthers v. Donovan (1949) 33 Cal.2d 717, 722‐ 723. Consolidation rests within the sound discretion of the trial court. Plaintiff seeks to consolidate an unlimited civil action in w...

Excerpt: ...o not impose such a sanction lightly. Upon careful review of the moving papers and the court file, the court determines that terminating sanctions are appropriate in this instance. Defendant served plaintiff with discovery requests on 2 February 16, 2018, including interrogatories and requests for production. Plaintiff failed to serve any responses. Defendant moved to compel responses which motion was unopposed and granted January 8, 2019. Defend...

Excerpt: ...ibits A, B.) Defendant, however, has not sufficiently established the existence of a forum selection clause between the parties. Defendant submits a digital acceptance screenshot, stating it reflects plaintiff's acceptance of the agreement. (Id. at Exhibit B.) Neither the agreement nor the digital acceptance screenshot specifically identify plaintiff. (Ibid.) For his part, plaintiff submits a declaration stating his relationship with defendant be...

Excerpt: ...il Law and Motion – Tentative Rulings Page 4 of 7 The motion is granted. Civil Code section 3426.4 allows a prevailing party to recover attorney's fees where a misappropriation claim is made in bad faith. A determination of bad faith, for the purposes of Section 3426.4, is made where the moving party establishes both (1) objective speciousness of the claim and (2) subject bad faith in bringing or maintaining the action. (Cypress Semiconductor C...

Excerpt: ... defendants proffer a position where plaintiffs did not make the vehicle substantively available for inspection. In presenting their papers, defendants do not appear to mention an August 24, 2018 ex parte application where defendants sought similar relief to what is requested in the current motion. At that time, plaintiffs filed an opposition framing the request as seeking a second inspection. The court denied the ex parte application but informe...

Excerpt: ...s no longer at issue, which renders the case a normal civil matter where the summary proceedings of an unlawful detainer action are inapplicable. (Civil Code section 1952.3(a).) The plaintiff is then required to seek to amend the complaint. (Civil Code section 1952.3(a)(1).) Plaintiff has also made a sufficient showing in support of reclassification of the action. (Code of Civil Procedure section 403.040.) The case is incorrectly classified in li...

Excerpt: ... representation that the corporation will take steps to remedy the suspension of its corporate status. (Green declaration ¶5.) The court declines to dismiss the action so as to afford the corporation time to revive its corporate status. Plaintiff shall provide an update to the court on the revivor of Mountain Counties Plumbing's corporate status, in addition to further information regarding plaintiff's pending bankruptcy, at the June 11, 2019 ca...

Excerpt: ...s frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al. (2010) 189 Cal.App.4th 1399, 1405.) “A strong public policy favors the arbitration of disputes, and doubts should be resolved in favor of deferring to arbitration proceedings.” (Rowe v. Exline (2007) 153 Cal.App.4th 1276, 1282; Laswell, supra, at p. 1405.) Under both federal and state law, a...

Excerpt: ...on defendant Scottish American Insurance General Agency, Inc. on March 24, 2018. Defendant served responses on May 14, 2018. Defendant's responses are a hybrid of objections and statements of compliance, and the responses are unverified. When a response contains both agreements to comply and objections, the response must be verified. (See Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657.) Unverified responses “are...

Excerpt: .... Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants moving for summary judgment bear the burden of persuasion that one or more elements of the causes of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001)...

Excerpt: .... (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff submits evidence which establishes that the parties entered into an agreement whereby plaintiff extended a line of credit to defendant. (SSU...

Excerpt: ...ices, Inc. and Dennis F. Graham are hereby enjoined from directly or indirectly (1) competing with plaintiff in the business of providing heating, ventilation and air conditioning services to national retail commercial customers; (2) soliciting plaintiff's national retail commercial heating, ventilation and air conditioning service customers whose business and contracts were transferred to plaintiff pursuant to the Asset Purchase Agreement; and (...

Excerpt: ...ded complaint as Exhibit A. Exhibit A is a document titled “verified complaint” (not first amended complaint). It appears that plaintiffs then attempted to file another version of the complaint, this one titled “verified first amended complaint”, which was rejected for filing. The court presumes that defendants' demurrer relates to the “verified complaint” attached as Exhibit A to the notice of errata, which though not labeled as such...

Excerpt: ..., failure to provide meal and rest breaks, failure to provide accurate wage statements, and violations under the Private Attorneys General Act (“PAGA”). PAGA “authorizes an employee to bring an action for civil penalties on behalf of the state against his or her employer for Labor Code violations committed against the employee and fellow employees, with most of the proceeds of that litigation going to the state. Iskanian v. CLS Trans. L.A.,...

Excerpt: ...nstitute a cause of action against the defendant. Code Civ. Proc. § 438(c). The grounds for the motion must appear on the face of the challenged pleading, or be based on facts which may be judicially noticed. Code Civ. Proc. § 438(d). Nationstar's motion is granted without leave to amend as to plaintiffs' first cause of action for violation of Civil Code section 2923.5. The sole remedy for noncompliance with this statute is postponement of a fo...

Excerpt: ...s' (“SCP's”) responses to the requests at issue do not comply with the Code of Civil Procedure, as SCP does not clearly state whether it is complying with the request, or whether it is unable to comply. For example, in response to Request No. 1, SCP sets forth several objections, then states that “to the extent that relevant non‐privileged documents otherwise subject to production and responsive to this request actually exist within the R...

Excerpt: ...alleges that James Allen, on behalf of himself and as agent for Marie Allen, executed the operative contract which was subsequently breached by the defendants. Plaintiff alleges damages of $14,908. James Allen was subsequently dismissed from the lawsuit. A proof of service of summons filed December 8, 2014, states that Marie Allen was personally served with the first amended complaint and summons on November 25, 2014, at 3:25 p.m. Allen denies th...