Excerpt: ...sufficient information regarding counsel's admission to the California State Bar, defendant asserts that it was erroneously sued under the name of a now‐dissolved corporation, and Judge Wachob is not presiding over this matter. Turning to the substance of the demurrer, a party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action, or where it is uncertain. Code Civ. Proc. § 430.10(e), (f). ...

Excerpt: ...spitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (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. (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 of a valid arbitration agree...

Excerpt: ...st amended complaint. 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 3 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. Atlanti...

Excerpt: ...4(d) authorizes the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Plaintiff requests attorneys' fees under the lodestar method in the amount of $89,285, plus a .5 multiplier in the amount of $44,642.50, and costs and expenses in the amount of $16,314.07, for a total ...

Excerpt: ...mprobable they may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. No extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. Plaintiff's complaint alleges claims of negligence and battery, arising from an incident which occurred on June 4, 2020. Plaintiff alleges that defendant, who was intoxicated at the time, intentionally “gunned” the...

Excerpt: ...e remaining objections are overruled. Plaintiff seeks to attach the amount of $750,000 against certain identified property of defendant Larry Lake (“Lake”). The application is based on the January 29, 2009 Letter Agreement executed by Lake, Richard G. Feld, and Matt Stowe, which states: This will confirm our agreement regarding your capital contribution in Topaz‐Moreno Valley, LLC. In consideration of your continued efforts in support of ou...

Excerpt: ...ll as and including paragraphs 75, 77, 109, 117, 131, 145 and 154. 4 A motion brought under Code of Civil Procedure section 425.16, also known as an antiSLAPP motion, is a procedural remedy designed to dispose of lawsuits that are brought primarily to chill the valid exercise of a party's constitutional right of petition or free speech. Code Civ. Proc. § 425.16(a); see also Sylmar Air Conditioning v. Pueblo Contracting Svcs., Inc. (2004) 122 Cal...

Excerpt: ... of the pleadings, not the truth of the plaintiff's 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, but 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 demurrer is sustained as the complaint in its entirety on the grounds that it is uncertain...

Excerpt: ...ded complaint. 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 of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, but does not assume the truth of c...

Excerpt: ...009) 179 Cal.App.4th 775, 787. The court 8 assumes the truth of all facts properly pleaded, but 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 demurrer is overruled as to plaintiff's first cause of action for breach of written contract. Although plaintiff alleges oral representations at variance with the terms of the parties' listing agreement, plaintiff ...

Excerpt: ...irreparable injury if the enjoined action were allowed to proceed. Code Civ. Proc. § 526(a). A request for injunctive relief requires a (1) balancing of the hardships of the parties and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. Baypoint Mortgage Corp. v. Crest Premium Real Estate etc. Trust (1985) 168 Cal.App.3d 818, 824; Robbins v. Superior Court (1985) 38 Cal.3d 199. Generally, the purpose of a pre...

Excerpt: ...n or similar paper to the court impliedly certifies that it has legal and factual merit, and is subject to sanctions for violation of this certification. Code of Civil Procedure section 128.7 mandates a two‐step process in the filing of the motion. First, the sanctions motion must be served on the offending party without filing it. The opposing party then has 21 days to withdraw the improper pleading so as to avoid sanctions. If the pleading is...

Excerpt: ...uction of Documents, Set One, the motion is denied. The court notes that the subject discovery requests state in the instructions that 2 “[p]laintiff … hereby requests Defendant Mark Davide, respond under oath within the period of time provided by law to the Special Interrogatories propounded herein.” Setting aside the incorrect reference to special interrogatories, pursuant to Code of Civil Procedure section 2031.030(c)(2), a party demandi...

Excerpt: ...oc. §§ 2030.290(c). However, repeated conduct of failing to comply with discovery obligations may lead the court to find an abuse of the discovery process, and award sanctions on that basis. Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4. Motion to Compel Responses to Special Interrogatories (Sunfinity Solar‐CA, LLC) Plaintiffs' motion to...

Excerpt: ...generally exercised liberally so long as there is no showing of prejudice to the opposing party. Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428; Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158. 4 Defendants assert that they will be prejudiced as the proposed amendments add additional causes of action for breach of contract and related claims, just weeks before the trial date. Plaintiff argues that no new causes of action...

Excerpt: .... 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. 10 Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. No extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. Plaintiff's first cause of action for fraud and deceit fails to state a valid claim. The elements ...

Excerpt: ...ts 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 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. No extrinsic evidence m...

Excerpt: ...sed in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this 6 subdivision, any order made on ...

Excerpt: ...nformation to permit the court to assess whether the number of hours worked on each task was reasonable. In this case, the billing records submitted by counsel are redacted to the point that only the most general description is provided, such as “review”, “preparation”, “attend”, “research”, etc., with no further information regarding what was being reviewed, prepared, attended or researched. The court is unable to assess the reas...

Excerpt: ...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. No extrinsic evidence may be considered in ruling on the demurrer. Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. The demurrer ...

Excerpt: ...t pursuant to Code of Civil Procedure section 473(b). Defendant claims that she was never served with documents in this lawsuit and was unaware that she had been sued, or that a judgment could be or had been entered against her in this action. Her statements are belied by several judicially noticeable facts. On June 26, 2019, an acknowledgement of receipt of the summons, complaint, civil case cover sheet and case management conference notice was ...

Excerpt: ...le 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) 25 Cal.4th 826, 850. If the moving party carries its ini...

Excerpt: ...s a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production, 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 alleges a single cause of action for medical negligence against defendants. The essence of such a claim is violation of the pre...

Excerpt: ...question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. 9 Plaintiffs seek damages arising from an alleged slip and fall which occurred at defendan...

Excerpt: ...g on February 5, 2021. The motion was filed and served with sufficient notice pursuant to Code of Civil Procedure section 437c(a)(2). However, the scheduled hearing date violated Code of Civil Procedure section 437c(a)(3), as it was set less than 30 days before the scheduled trial date. The notice of motion expressly acknowledged the violation of Section 437c(a)(3), and notified plaintiff that defendant intended to apply for an order advancing th...