Excerpt: ...App.4th 1292, 1307‐ 1308.) Ruling on Motion The motion is denied. In the current request, plaintiffs seek to sever the fourth, fifth, and sixth causes of action pleaded in the first amended cross‐complaint (FACC) and change venue for those claims to Los Angeles County. Plaintiffs have not made a sufficient showing that convenience, expediency, or economy support severance of a portion of the FACC to be heard in Los Angeles County while the re...

Excerpt: ..., the court encourages the moving defendant, real party California Highway Patrol, and plaintiff to meet and confer further regarding the submission of any appropriate protective order related to these documents. The parties may submit any such stipulated protective order to the court for review and entry. The court acknowledges defendant has withdrawn its Request No. 1 [all payroll records for plaintiff from January 1, 2010 through the present] ...

Excerpt: ...93, 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.) The court reviews the demurrer keeping this in mind. Plaintiff alleges a single cause of action for negligence. A plaintiff in any negligence suit must demonstrate a legal duty to use due care; breach of such legal dut...

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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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 ...

Excerpt: ... 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 judgment in favor of the party. Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468. 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, th...

Excerpt: ...showing of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (Code Civ. Proc., § 1008; Shiffer v. CBS Corp. (1st Dist. 2015) 240 Cal.App.4th 246, 255.) The moving party bears the burden of showing that the 2 information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it at trial...

Excerpt: ...25) and nos. 136‐137 (following the original ¶ 137). Where the court refers to repeated paragraph numbers herein, the second instance of each number is designated by an asterisk (e.g., 115*). If the complaint is amended (see below), the amended complaint should comply with all applicable Rules of Court. Demurrer to complaint by First American, Bernier, and McDermott Defendants First American Title Company, Jessica Bernier, and Caryn McDermott ...

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: ...n 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 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...

Excerpt: ...sufficient to constitute a cause of action. C.C.P. § 430.10(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 (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 judicial...

Excerpt: ... for sanctions, while acknowledging the need for production as described below. A party demanding inspection, copying, testing, or sampling of documents, tangible things, electronically store information and other property— here referred to as a request for production—may move to compel a further response to the demand where the responding party's statements of compliance or representations of inability to comply are incomplete or otherwise i...

Excerpt: ...ative or duplicative; or is obtainable from some other source that is more convenient, less burdensome, or less expensive; or whether the discovery method employed is unduly burdensome or expensive taking into account the need of the case and the importance of the issues at stake. Code of Civil Procedure section 2019.030. Church's request for an order excusing it from responding to any of plaintiff's special interrogatories is denied except as pr...

Excerpt: ... the Motion Defendants' demurrer to the SAC is overruled. 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 conduct. (Bader v. Anderson (6th Dist. 2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no ma...

Excerpt: ...ts from threatening plaintiff with legal action. Evidentiary Rulings Plaintiff's requests for judicial notice are granted and defendants' objection thereto is overruled. Defendants' objections to portions of the Wiener declaration are overruled. Ruling on the Motion The court may grant a preliminary injunction when it appears from the complaint the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if t...

Excerpt: ...ome. The matter was set for hearing and, at defendants' request, continued to permit them to retain counsel and submit their formal opposition to the application for right to attach order. Prejudgment attachment is available on a contract claim for money where the claim is fixed or readily ascertainable in an amount not less than $500. Attachment is not available where the claim is fully secured by real property. Where attachment is sought agains...

Excerpt: ...defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences reasona...

Excerpt: ...ded in California Rules of Court, rule 3.1324. Furthermore, the declaration in support of the motion was untimely filed. (Code Civ. Proc., § 1005.) Ms. Dolmo filed a “First Amended Cross‐Complaint” on July 19, 2022 without leave of court to do so. This filing is ordered stricken. Finally, Ms. Dolmo lodged several exhibits with the court in support of this motion designated as “sealed exhibits.” No notice of motion to seal was filed and...

Excerpt: ...rty is entitled to judgment as a matter of law. (Code Civ. Proc., §§ 437c, subd. (c); 1170.7.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in its favor. (Consumer Cause, Inc. v. SmileCare (2d Dist. 2001) 91 Cal.App.4th 454, 468.) In reviewing a motion for summary judgment, the court must view the supporting evidence, and inferences reasonably drawn from such evidence...

Excerpt: ...Rules of Court, Rule 7.955(a)(1); Schulz v. Jeppesen Sanderson, Inc. (2018) 27 Cal.App.5th 1167, 1174.) This includes the court weighing the factors set forth in Rule 7.955. (Ibid.) The court has carefully considered and weighed the factors, determining that a reduction is necessary to reflect a reasonable award. Anson's injuries arise from a high speed collision where he was a passenger in his parents' vehicle. Anson, his brother Alden, his moth...

Excerpt: ... in light of plaintiff's agreement to arbitration pursuant the terms of defendant's dispute resolution program. A petition seeking 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 v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394.) The FAA...

Excerpt: ...property taxes for the subject property. Defendant's response stated an inability to either admit or deny. Plaintiff later prevailed on her motion for summary adjudication as to defendant's twelfth affirmative defense for adverse possession. Plaintiff asserts the failure to admit to RFA no. 24 negated a key element to the adverse possession defense. The purpose of requests for admissions is to resolve triable issues, short of trial, to expedite t...

Excerpt: ...e of summons and first amended complaint is granted. Defendant seeks to quash service based on defective service and the doctrine of tribal sovereign immunity. As to defective service, this court previously granted a motion to quash based on sovereign immunity. Plaintiff's proof of service filed April 22, 2022 showing mailed service on defense counsel on March 26, 2022. However, following a successful motion to quash, service must be personally s...

Excerpt: ... for $70,056.50 is reasonable. Determining the reasonable amount of attorney's 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.) The lodestar figure may then be adjusted, based upon factors specific to the case, to fix the fees at a fair market value for the legal services provided. (Ibid.) The court carefully revie...

Excerpt: ...nduct. 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 demurrer ...

Excerpt: ... shall grant a motion for summary judgment if “all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code of Civil Procedure section 437c(c).) The moving party bears the initial burden of establishing that one or more elements of a cause of action cannot be established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) ...

Excerpt: ... granted as to Exhibits 1 and 2 under Evidence Code section 452. The request is denied as to Exhibit 3. Plaintiff's request for judicial notice is denied. Ruling on Demurrer The demurrer is sustained in part. Defendants' demurrer is limited in scope. They challenge all six causes of action under Code of Civil Procedure section 430.10(a) and (c), arguing the court has no jurisdiction over the subject of the causes of action in the complaint as the...

Excerpt: ...fferee fails to obtain a more favorable judgment or award, costs allowable under Code of Civil Procedure section 1032 may be augmented. Code Civ. Proc. § 998(c), (d). In such circumstances, the court may order defendant to pay reasonable fees for plaintiff's expert witnesses in preparation for and/or during trial of the case. Code Civ. Proc. § 998(d). Further, when a party serves successive unrevoked and unaccepted § 998 offers and defendant f...