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: ..., 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: ...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. (ld. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the sup...

Excerpt: ...ant's failure to contribute the full escrow funds when the original complaint was filed on September 1, 2020. (TAC 942.) Delayed discovery may toll the statute of limitations where the plaintiff shows (1) the time and manner of discovery and (2) the inability to have made an earlier discovery despite reasonable diligence. (Fox v. Ethicon Endo-surgery, Inc. (2005) 35 Cal.4th 797, 808.) Plaintiff, however, has not plead sufficient facts to allege d...

Excerpt: ...rt weighs the likelihood of whether the moving party will prevail on the merits and the relative interim harm to the parties from the issuance or nonissuance of the injunction. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999- I(M.) Turning first to whether plaintiff will prevail on the merits, plaintiff relies heavily on its claim for declaratory relief. An action for declaratory relief requires an actual controversy relating to the legal righ...

Excerpt: ...In 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 Rosentha...

Excerpt: ... demurrer even where the challenge is untimely filed. (Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.) Ruling on Demurrer The demurrer is sustained without leave to amend. A demurrer is reviewed under wellestablished principles. The challenge tests the legal sufficiency of the pleading, not the truth of the allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) In this vein, the allegations are dee...

Excerpt: ...ished principles. The challenge is brought where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) A demurrer is also appropriate based upon the statute of limitations where the grounds appear on the face of the pleading. (Aaronoff v. Martinez-Seftner (2006) 136 Cal.App.4th 910, 918.) The applicable statute of limitations for personal injury claims is two years from the wron...

Excerpt: ...mary judgment/summary adjudication. A party may be granted leave to amend a complaint upon any terms that are necessary and just. (Code of Civil Procedure section 473(a)(1), (2).) This includes allowing for a postponement of trial along with the recovery of any costs to the adverse party. (Ibid.) While there has been a sufficient showing to support plaintiffs' amendments, the defendants will be significantly prejudiced by this sixth iteration of ...

Excerpt: .... 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.) This is compared to a motion to strike, which is used to strike portions of a complaint that are irrelevant, false, or improperly pleaded. (Code of Civil ...

Excerpt: ..., litigation is an adversarial process. Nonetheless, “it is vital to the integrity of our adversary legal process that attorneys strive to maintain the highest standards of ethics, civility, and professionalism in the practice of law.” (People v. Chong (1999) 76 Cal.App.4th 232, 243.) Civility and courtesy are expectations of the legal profession, they are not weaknesses. “As officers of the court with responsibilities to the administration...

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: ... 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: ... further objections, to RFAs, set two, nos. 56 through 60 and 65 through 69 within 21 days of service of the signed order after hearing. The remainder of the plaintiff's request as to RFAs, set two, are denied. Plaintiff Amy Durham shall provide further verified responses, without further objections, to form interrogatories, set two, no. 17.1 as it pertains to RFAs nos. 36 through 42, 49, 50, 56 through 60, and 60 through 65 within 21 days of ser...

Excerpt: ...leave to file a cross‐ complaint. The court declines to grant either request. The court has inherent authority to stay a proceeding where it promotes the interests of justice and judicial efficiency. (Code of Civil Procedure section 128(a)(8); Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Neither the interests of justice nor judicial efficiency support a stay of this action pending resolution of the appeal in the Los Ange...

Excerpt: ...Defendant, for his part, rejects this characterization. This prompted plaintiff Richard Kemp to seek to compel further deposition responses and documents from defendant. It also prompted intervenor to seek a protective order regarding the attorney‐client privilege where intervenor and defendant hold a joint privilege. The court may grant a protective order to control a deposition proceeding or the information obtained from the proceeding. (Code...

Excerpt: ...ity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 114‐ 115.) Ruling on Demurrer The demurrer is overruled. A party may demur to a cross‐complaint where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) A demurrer tests the legal sufficiency of the pleading, not the truth of the allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal....

Excerpt: ...upplemental declaration of counsel filed on 7/20/22 shows that the demurring attorney requested a meet and confer conference , which resulted in a scheduling of a time certain. When moving party counsel called he was informed plaintiff's counsel was at lunch Page 6 of 7 and would call back. Moving party counsel called two days following and was told the same time but plaintiff's counsel never returned the call. Factual and procedural background: ...

Excerpt: ...as inherent authority to modify or dissolve a preliminary injunction based upon a proper showing by the moving party. (Union Interchange, Inc. v. Savage (1959) 52 Cal.2d 601.) The injunction may be modified or vacated where there has been a material change in the controlling facts or law upon which the injunction was determined or where the ends of justice would be served by a modification. (Code of Civil Procedure section 533; United Food & Comm...

Excerpt: ...n is necessary to a reflect rate comparable to the area. The court reduces the hourly rate to $300. The next part of the analysis is determination of the reasonable number of hours. Counsel billed 233.90 hours, which included extensive pre‐trial motion litigation. The court is familiar with this case and the motions brought by the parties. The court determines there was an excessive amount of hours expended on pre‐trial law and motion litigat...