Excerpt: ... for judicial notice is granted as to the three exhibits attached to the request only. (Cal. Rules of Court, rule 3.1306(c).) Defendant's objection to the declaration of counsel Kelsey Fischer and Exhibit 1 thereto is sustained and the same are stricken. Ruling on the Motion Defendant moves for judgment on the pleadings. A motion for judgment on the pleadings has the same function as a demurrer but is brought when the time for a demurrer has expi...

Excerpt: ...vil Procedure section 685.080(b). The motion is continued to permit the moving party the opportunity to provide further briefing on the issue. Judgment creditors' further briefing shall be filed by October 25, 2022. Any response from judgment debtors shall be filed by November 1, 2022. Judgment Creditors' Motion for Enforcement Costs (filed 7‐11‐2022) Judgment creditors seeks recovery of enforcement costs from judgment debtor Mark Ellis. Judg...

Excerpt: ...ing does not state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 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 Materials Co. (2d Dist. ...

Excerpt: ...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 v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Plaintiff'...

Excerpt: ....P. § 877, the settlement of a joint tortfeasor must be made in good faith with respect to the remaining defendants. Id. & C.C.P. § 877.6. "The party asserting the lack of good faith shall have the burden of proof on that issue." Id. at subdiv. (d). 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'...

Excerpt: ...2) states that a court may dismiss the complaint after a demurrer is sustained with leave and the plaintiff fails to amend within the time allotted by the court. Dismissal here is discretionary; the court has discretion to accept an untimely amended pleading. (Harlan v. Department of Transportation (2005) 132 Cal.App.4th 868, 873.) The delay in filing the SAC was brief. Plaintiff filed the SAC five days after the timeline set by the court. The em...

Excerpt: ...t of fraud, overreaching parties, or collusion and that the settlement, as a whole, is fair, reasonable, and adequate. (7‐Eleven Owners for Fair Franchising v. Southland Corp. (2000) 85 Cal.App.4th 1135, 1145.) A presumption of fairness exists where: (1) the settlement was reached through armslength bargaining; (2) the investigation and discovery were sufficient to allow class counsel and the court to act intelligently; (3) class counsel is exp...

Excerpt: ...ublic 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.) 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. (2d Dist. 2015) 233 Cal.App.4th 390, 396.) It is ...

Excerpt: ...uest for judicial notice is granted. Plaintiffs' request for judicial notice is granted. Plaintiffs' objections to portions of the declaration of Matthew Recore are overruled. Plaintiffs' objection 1 to the declaration of Chris Airola is sustained; all other objections are overruled. Defendants' objections to the declaration of Lina Drake are overruled. 3 Ruling on the Motion A party is entitled to bring a motion for summary judgment where there ...

Excerpt: ... move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showing undisputed facts establishing every element necessary to sustain a judgment in favor of the party. Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468. 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, th...

Excerpt: ...showing of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (Code Civ. Proc., § 1008; Shiffer v. CBS Corp. (1st Dist. 2015) 240 Cal.App.4th 246, 255.) The moving party bears the burden of showing that the 2 information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it at trial...

Excerpt: ...25) and nos. 136‐137 (following the original ¶ 137). Where the court refers to repeated paragraph numbers herein, the second instance of each number is designated by an asterisk (e.g., 115*). If the complaint is amended (see below), the amended complaint should comply with all applicable Rules of Court. Demurrer to complaint by First American, Bernier, and McDermott Defendants First American Title Company, Jessica Bernier, and Caryn McDermott ...

Excerpt: ...n 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.) 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. (2d...

Excerpt: ...sufficient to constitute a cause of action. C.C.P. § 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 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 judicial...

Excerpt: ... for sanctions, while acknowledging the need for production as described below. A party demanding inspection, copying, testing, or sampling of documents, tangible things, electronically store information and other property— here referred to as a request for production—may move to compel a further response to the demand where the responding party's statements of compliance or representations of inability to comply are incomplete or otherwise i...

Excerpt: ...ative or duplicative; or is obtainable from some other source that is more convenient, less burdensome, or less expensive; or whether the discovery method employed is unduly burdensome or expensive taking into account the need of the case and the importance of the issues at stake. Code of Civil Procedure section 2019.030. Church's request for an order excusing it from responding to any of plaintiff's special interrogatories is denied except as pr...

Excerpt: ... the Motion Defendants' demurrer to the SAC is overruled. A party may demur where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 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 ma...

Excerpt: ...ts from threatening plaintiff with legal action. Evidentiary Rulings Plaintiff's requests for judicial notice are granted and defendants' objection thereto is overruled. Defendants' objections to portions of the Wiener declaration are overruled. Ruling on the Motion The court may grant a preliminary injunction when it appears from the complaint the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if t...

Excerpt: ...defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that 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 reasona...

Excerpt: ...rty is entitled to judgment as a matter of law. (Code Civ. Proc., §§ 437c, subd. (c); 1170.7.) The moving party has the burden of showing, by affidavit, facts establishing every element necessary to sustain a judgment in its favor. (Consumer Cause, Inc. v. SmileCare (2d Dist. 2001) 91 Cal.App.4th 454, 468.) In reviewing a motion for summary judgment, the court must view the supporting evidence, and inferences reasonably drawn from such evidence...

Excerpt: ...ded in California Rules of Court, rule 3.1324. Furthermore, the declaration in support of the motion was untimely filed. (Code Civ. Proc., § 1005.) Ms. Dolmo filed a “First Amended Cross‐Complaint” on July 19, 2022 without leave of court to do so. This filing is ordered stricken. Finally, Ms. Dolmo lodged several exhibits with the court in support of this motion designated as “sealed exhibits.” No notice of motion to seal was filed and...

Excerpt: ...ome. The matter was set for hearing and, at defendants' request, continued to permit them to retain counsel and submit their formal opposition to the application for right to attach order. Prejudgment attachment is available on a contract claim for money where the claim is fixed or readily ascertainable in an amount not less than $500. Attachment is not available where the claim is fully secured by real property. Where attachment is sought agains...

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...