Excerpt: ...rocedure section 425.10(a)(2), which requires a demand for judgment to state the amount demanded if recovery of money or damages is sought. The demurrer is overruled on this ground. A general demurrer challenges the sufficiency of the cause of action pleaded, and may be overruled if any valid cause of action is alleged. An improper demand for relief, while potentially subjecting the pleading to a motion to strike, does not vitiate an otherwise va...

Excerpt: ...notes that defendants Christina Montes and Regina Fraticelli are not named in the first or second causes of action. A party may demur 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 allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations...

Excerpt: ...urpose of completing expert witness depositions. Defendants did not seek, and the court did not grant, an order extending the discovery cutoff date for the filing of motions to enforce discovery relating to expert depositions. The court also notes that the law and motion minutes from proceedings in this court on June 9, 2022, states “Discovery is closed. Disclosure[s] are closed. Expert discovery is closed.” Even if the court were to consider...

Excerpt: ... 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 agreement. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972. “‘...

Excerpt: ...S 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 at trial. New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212‐213. Reconsideration cannot be granted based on the moving party's claims that the court misinterpreted the law in its initial ruling. G...

Excerpt: ...roc. § 657(5)); 4. Insufficiency of the evidence to justify the decision of the court (Code Civ. Proc. § 657(6)); and 5. Error in law, occurring at trial and excepted to by the party making the application (Code Civ. Proc. § 657(7)). As a preliminary matter, the court finds that the motion was timely filed. Pursuant to Code of Civil Procedure section 659, a notice of intention to move for new trial must be filed “[w]ithin 15 days of the date...

Excerpt: ...adings, 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. 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. 9 T...

Excerpt: ...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 reasonably drawn from such evidence, in the light most favorable to the opposing party. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal....

Excerpt: ... 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.) The unopposed demurrer is sustained. The complaint does not allege a valid cause of action for unlawful detainer. Plaintiff alleges the tenancy is exempt from the Tenant Protection Act of 2019 (“TPA”) but cites a subdivision for exemption that ...

Excerpt: ...15.5. The court sustains this objection. As the evidentiary issue with Hart's declaration is curable, if Hart were to submit a declaration that complies with Code of Civil Procedure section 2015.5 before oral argument, the court will consider it. Callender moves for a court order requiring Hart to file an undertaking for costs. For such an order, a defendant must show (1) plaintiff resides out of state and (2) there is a “reasonable possibility...

Excerpt: ...s with the lodestar method, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095. “The reasonable hourly rate is that prevailing in the community for similar work.” Id. at 1095. Respondent requests attorneys' fees at the rates between $300‐ $400 per hour for counsel. Considering all the circumstances of the present case, and the reasonable billing rates fo...

Excerpt: ...on Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881. Defendants Union Pacific Railroad Company and Mary Schroll demur to plaintiff's fourth cause of action for intentional infliction of emotional distress. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. Code Civ. Proc. § 430.10(e), (f). A demurrer tests the legal 5 sufficiency of the pleadings, not t...

Excerpt: ...th 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, 5 the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. The demurrer is overruled as to plaintiffs' first cause ...

Excerpt: ... action alleged in plaintiff Change Lending, LLC's 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 prope...

Excerpt: ...suasion 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 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 ...

Excerpt: ...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. Plaintiff c...

Excerpt: ...faith with respect to the remaining defendants. Code Civ. Proc. §§ 877, 877.6. 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's proportionate liability, the amount paid in settlement, the allocation of proceeds among plaintiffs, a recognition that the settling defendant should pay less than if it...

Excerpt: ...Inc. v. Moriana. The Court heard oral argument in March 2022. At issue is the enforceability of arbitration agreements which prohibit an employee from pursuing representative claims in the PAGA context. A decision is expected within the next couple months. Under current law, PAGA claims cannot be arbitrated. Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 384. Thus defendants would have no justification to file a motion to ...

Excerpt: ... in ruling on the motion include: (1) the necessity and the reasons for the discovery; (2) the diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) the likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or oth...

Excerpt: ...ied. Plaintiff first argues that plaintiff is barred from asserting an unlawful detainer claim under the COVID‐19 Rental Housing Recovery Act. As the current action is not based on the nonpayment of rental debt which accumulated due to the COVID‐19 pandemic, the COVID‐19 Rental Housing Recovery Act does not apply to this action. Defendant also raises factual and evidentiary issues regarding the propriety of a lease agreement between defenda...

Excerpt: .... 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. 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 existe...

Excerpt: ...ctions, to special interrogatories, set one, numbers 1, 7, 8, 9, 10, 12, 14, 15, 16, 18, 19, 20, and 21. Defendant Onyems shall serve further verified responses on plaintiff no later than May 31, 2022. Plaintiff's request for sanctions is denied, because imposition would be unjust. (Code Civ. Proc., § 2030.300, subd. (d).) However, repeated failures to comply with discovery obligations may lead the court to find an abuse of the discovery process...

Excerpt: ...e settlement is approved …” (Declaration of Jordan W. Maurer, ¶ 4.) Specifically, the dispute between plaintiff and the City involves whether compliance with Medicare requirements means that the settlement agreement must provide for a Medicare Set‐aside Arrangement (“MSA”). The pleadings filed by plaintiff and the City comprehensively discuss the Medicare Secondary Payer (“MSP”) Act, the prohibition on Medicare making payment for a...

Excerpt: ...is uncertain. Code Civ. Proc. § 430.10(e), (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 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. The court does not assume the truth of contentions,...

Excerpt: ...erson (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 demurrer is overruled. The allegations of the complaint are sufficient to state cause...