Excerpt: ....3d 593, 504.) The complaint is reviewed keeping this in mind. As to the third cause of achon for conversion, the demurrer is overruled. The allegations within the complaint, when read as a whole, are sufficient to support this claim. As to the second cause of action, a breach of bailment is generally a contractual relationship where one party agrees to deliver a thing to another party to conform for a specific purpose. (Windelerv. Scheers Jewele...

Excerpt: ... 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.) Here, defendants contend the complaint fails to state a cause of action for unlawful detainer because it alleges plaintiffs gave def...

Excerpt: ...r reconsideration may be granted where the party makes a suffcient showing that there are facts or circumstances not previously considered and there is a valid reason 11 for not previously offering it earlier. (Code of Civil Procedure section 1008(a); Gilberd v. AC Transit (1995) 32 Cal.App.4th 1494, 1500.) Respondent's burden here is comparable to that of a new trial motion, the new or different information must be that which could not, with rea...

Excerpt: ...y demur where the pleading does not state facts sufficient to constitute a cause of acton. (Code Civ. Proc. S 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 Mat...

Excerpt: ...tate facts sufficient to constitute a cause of action or when the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (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 (6th Dist. 2CG) 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 ...

Excerpt: ...ties entered into an agreement on December 10, 2018; however, exhibit 1 is dated in October 2022. The declaration provides a different payment schedule than that of exhibit 1. Plaintiff has presented insufficient evidence of entitlement to judgment and the motion is denied. Further, it appears this action is subject to mandatory dismissal because service of summons occurred more than three years after the action was commenced. "The summons and co...

Excerpt: ...le a cross-complaint at the tme of filing the answer must seek leave from the court to file the cross-complaint. (Code Civ. Proc„ SS 426.50, 428.50, subd. Leave to file a compulsory cross-complaint is generally granted unless the defendant has not acted in faith or there is substantial prejudice to the plaintiff if 8 leave is granted. (Silver Organization Ltd. v. Frank (1990) 217 Cal.App.3d 94, Foot's Transfer & Storage Co. v. Superior Court (1...

Excerpt: ...e 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, 604.) he court reviews the FAC keeping this in mind. Plaintiff alleges causes of action for negligence and intentional tort based upon an incident that occurred at the Target store in Roseville. Specifically, plaintiff alleges that on March 11, 2020, employees of defendant made false reports...

Excerpt: ...complainants' request for judicial notce is granted under Evidence Code section 452. Ruling on Demurrer In the current challenge, cross-defendants demur to all eight causes of action alleged in the cross-complaint. 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...

Excerpt: ...s 14 and 16 are sustained; objection numbers 5 through 11 and 13 are sustained as applied to this plaintiff but otherwise overruled. As to the Boyle declaration, plaintiff's objection numbers 4 and 5 are sustained; objection number 7 is sustained as applied to this plaintiff but otherwise overruled. As to the Roseman declaration, the objection is overruled as the substance of the declaration is to identify what was sent during meet and confer eff...

Excerpt: ...ded complaint pursuant to the stipulation of the parties. A party may demur to a complaint where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. Prtw S 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. Baderv. Anderson (2CG) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly plea...

Excerpt: ...ection 430.10(a) and (c), arguing the court has no jurisdiction over the subject of the causes of action in the first amended complaint as there is another action pending between the same parties on the same causes of action. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly p...

Excerpt: ... 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.) For defamation, a plaintiff must allege defendant made a false and unprivileged statement about plaintiff that tended to injure plaintiff's occupation or expose him to hatred, contempt, ridicule, shame, or to encourage others to shun him; defen...

Excerpt: ...ency 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, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans...

Excerpt: ...nner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.” (Code Civ. Proc., § 1094.5 subd. (b).) “Where it is claimed that the findings are not supported by the evidence, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, abuse of discretion is established if the court determines that the findings are not supported by t...

Excerpt: ...er of law.” Code of Civil Procedure section 437c(c). A party to the action may also move for summary adjudication if that party contends there is no merit to one or more of the affirmative defenses to the cause of action. Code of Civil Procedure section 437c (f)(1). However, a motion for summary adjudication shall only be granted where it completely disposes of a cause of action. Ibid. 2 The moving party bears the initial burden of establishing...

Excerpt: ...t is not bound by unpublished orders of trial courts. Plaintiff's objection to Exhibit 2 of the declaration of counsel Ali Ameripour is overruled. Ruling on the Motion 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.) Unde...

Excerpt: ...s (2010) 186 Cal.App.4th 1380, 1389.) Further, the court reviews the moving papers along with the entirety of the court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA-related statute. (Lab. Code, § 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable,...

Excerpt: ..., 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.) Here, plaintiff alleges three causes of action against defendant: an unspecified “intentional tort,” general negligence, and fraud. As to all three causes of action, plaintiff alleges the following facts: It is unclear what “intentional tort” plaintiff is ...

Excerpt: ... establishing the applicability of the FAA along with establishing the existence of a written agreement between the parties to arbitrate. Hoover v. American Income Life Insurance Co. (2012) 206 Cal.App.4th 1193, 1207; Nixon v. AmeriHone Mortgage Company, LLC (2021) 67 Cal.App.5th 934, 946. Defendant Ford Motor Company relies on the arbitration provision of a contract that it has not signed. Nor does plaintiff dispute the existence of the arbitrat...

Excerpt: ...duction. Plaintiff had not responded in any way to the initial discovery requests. Plaintiff did not oppose the motion to compel initial responses nor did she respond to any meet and confer efforts. The court order granting the motion to compel directed plaintiff to provide responses within 10 days of service of notice of entry of order. Notice of entry of order was served on plaintiff June 4, 2021. Defendant presents evidence plaintiff failed to...

Excerpt: ...ficiency 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.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Ber...

Excerpt: ...iate Athletic Assn., (1994), 7 Cal.4th 1, 36., 37.) However, the right to privacy is not absolute and courts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery. (See John B. v. Superior Court, (2006) 38 Cal. 4th 1177.) Disclosure may be ordered if a “compelling public interest” would be served thereby. (Britt v. Sup. Ct. (San Diego Unified Port Dist.) 20 Cal.3d at...

Excerpt: ...-defendant Piedmont Capital Management LLC seeks attorneys' fees in the amount of $40,285, asserting 115.1 hours at a rate of $350 per hour. Plaintiff's unopposed motion is granted in part. A prevailing party in an action on contract is entitled to recover reasonable attorneys' fees where the contract provides for their recovery. (Civ. Code, § 1717, subd. (a).) At trial in this breach of contract matter, the court entered judgment in plaintiff's...

Excerpt: ...ation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 1405. A defendant seeking to compel arbitration under the FAA bears the burden of establishing the applicability of the FAA along with establishing the existence of a written agreement between the parties to arbitrate. Hoover v. American Income Life Insurance Co. (2012) 206 Cal.App.4th 1193, 1207; Nixon v. AmeriHone Mortgage Company, LLC (...