Excerpt: ...al jurisdiction in cases where the five‐day summons is not supported by a complaint which alleges the necessary allegations to support an unlawful detainer action against the defendant. Id. However, such a motion may not be used as a means to dispute the merits of the complaint's allegations, or to argue that plaintiff failed to comply with the specific pleadings requirements of Code of Civil Procedure section 1166. Id. at 391. For the purpose ...

Excerpt: ... Valley Resort, LLC moves for summary judgment, or in the alternative summary adjudication as to plaintiff Olja Mijic's causes of action for intentional interference with contractual relations and intentional interference with prospective economic relations. 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 mo...

Excerpt: ...6. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. Code Civ. Proc. § 437. The court has not considered statements made in plaintiff's opposition, or in the declaration of plaintiff's counsel, which are not alleged in the first amended complaint, and for which no request for judicial notice has been made. The motion is denied. The first amended complain...

Excerpt: ...ce was proper. Dill v. Berquist Construction Co., Inc. (1994) 24 Cal.App.4th 1426, 1441‐1442. A proof of service filed May 26, 2021, states that defendant was served by personal service on May 17, 2021, at 5:05 p.m. Defendant generally denies that personal service was effectuated on that date, stating only that she found a copy of the summons and complaint on the ground in front of her garage on May 25, 2021. (Declaration of Linda Vaccarezza, �...

Excerpt: ...enied, as the motion was unopposed. Code Civ. Proc. § 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 Interrogatories (Emma Ledesm...

Excerpt: ...s 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. Defendant's demurrer to the first cause of action for negligence is overruled. The court previously sustained defendant's demurrer to the claim of negligence alleged in the complaint, finding that as pleaded, the claim was subject to the doctrine of primary assumption of risk. In the sporting con...

Excerpt: ...he default entered against her on or about September 2, 2020. As a preliminary matter, the court notes that the motion was not timely served pursuant to Code of Civil Procedure section 1005. Nevertheless, as plaintiff has responded substantively and does not demonstrate any prejudice caused by the lack of sufficient notice, the court has considered the motion on its merits. The court finds that the motion has been timely made. Relief under Code o...

Excerpt: ...on of John Isaac Southerland are ruled on as follows: Objection Nos. 4, 6, 7, 8, 11, 12 and 13 are sustained. The remaining objections are overruled. The motion to strike the declaration in its entirety is denied. Ruling on Motion Plaintiff's motion to compel further responses to requests for production of documents, set one, is granted in part. The motion is granted as to Request No. 6 as defendant Ford Motor Company's response does not comply w...

Excerpt: ...in. Code Civ. Proc. § 430.10(e), (f). 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 contentions, deductions, or conclusions of facts or law. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. Dwelle demurs to ...

Excerpt: ...f America (1983) 141 Cal.App.3d 55, 58; Generale Bank Nederland, N.V. v. Eyes of the Beholder Ltd. (1998) 61 Cal.App.4th 1384, 1399. On February 22, 2021, defendants were served with an informational Notice of COVID‐19 Tenant Relief Act Extension and New Rental Assistance Program which instructed defendants regarding the necessary steps to protect against an unlawful detainer action for failure to pay rent. On March 4, 2021, defendants were ser...

Excerpt: ...b), 1013, 12a and 12c. In addition, although a proof of service executed by Allen Shamsari under penalty of perjury states that the motion was served by mail on Tuesday, June 1, 2021, defendant rebuts the presumption of proper service by showing that the documents it received were postmarked on Saturday, June 5, less than 16 court days prior to the scheduled hearing date. Demurrer to Complaint Defendant's request for judicial notice is granted. D...

Excerpt: ...ctions, courts do 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. Plaintiff served defendant with discovery requests in June 2020, including interrogatories, requests for production of documents, and requests for admission. Defendant failed to serve any responses. Plaintiff moved to compel responses and to deem reques...

Excerpt: ...iv. 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 may be considered in ruling on the demurrer. Ion Equip...