Excerpt: ...facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713). If the complaint fails to state a cause of action, the court must ...

Excerpt: ...eging 31 instances of inappropriate and disruptive behavior toward patients and staff starting 2014. (Id., ¶¶ 27 89.) The MEC sent Petitioner written notice of the action and his right to request a hearing. Petitioner requested a hearing by a Hearing Officer and the Judicial Review Committee (“JRC”) pursuant to the Hospital Bylaws, which hearing was conducted during April 2021. (Id., ¶¶ 5, 6.) On July 1, 2021, the JRC issued its decision ...

Excerpt: ... the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th...

Excerpt: ...ff submit a declaration and evidence verifying the amount of attorney fees and costs; the Defendant shall be permitted to provide a written response. The Court orders the parties to appear to discuss a future date. Facts/Procedure On 11/02/21, the Court issued a written ruling on Plaintiff's motion for summary adjudication as to Plaintiff Espinoza against Defendant Leslie Frias. The Court ruled in favor of Plaintiff on Plaintiff's first cause of ...

Excerpt: ... existence of recorded documents and their legal effect and the request for notice is granted. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐55.) Factual and procedural background: Plaintiffs Winjet Trading Inc. (“Winjet”) and America Plastics Trading, Inc. (“APT”) (together, “Plaintiffs”) filed the complaint in thi...

Excerpt: ...duct. LLR contends that Providence lacks standing to prosecute this action because its assets, including its interest in this litigation, were foreclosed upon by its lender, East West Bank, which then sold the assets to Cresden, LLC. The court finds that Providence has standing and that this action can go forward under the Providence name pursuant to CCP § 368.5. A motion for summary adjudication shall be granted only if it completely disposes o...

Excerpt: ...e v. Hosney (1962) 204 Cal.App.2d 584, 587 [judicial notice taken that “there is, in the County of Los Angeles, California, in the metropolitan area of the City of Los Angeles, a street address known as ‘1448 North Crescent Heights Boulevard.'”].) Defendant County requests that the court take judicial notice of a printed map taken from Google Maps and the proposition that the map demonstrates that the location of the subject premises on whi...

Excerpt: ... of action.” (Code Civ. Proc., § 430.10, subd. (e).) A demurrer can only reach a defect that “appears on the face [of the complaint], or from any matter of which the court is required to or may take judicial notice.” (Code Civ. Proc., § 430.30, subd. (a).) “As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be.” (Del E. Webb Corp. v. Structura...

Excerpt: ...t to file answer within 20 days of service of Second Amended Complaint. This case arises out of the allegations that Plaintiff was sold a bedframe infested with bed bugs. The First Amended Complaint (FAC) alleges actions against the seller (Ashley Furniture) and other defendants that they played an active role in manufacturing, assembling, delivering, and installing furniture infested with bed bugs in Plaintiff's home. The FAC alleges 5 causes of...

Excerpt: ...us defendants for 1) misappropriation of trade secrets, 2) tortious interference with contractual relations, 3) conversion, 4) fraud and intentional misrepresentation, 5) false advertising, 6) UCL violations, 7) negligent interference with prospective economic advantage, 8) intentional interference with prospective economic advantage, and 9) breach of fiduciary duty. Defendants Jyoti Patel and Ellis Hospitality Group, LLC move the court to strike...

Excerpt: ... framework for the regulation of a nonjudicial foreclosure sale pursuant to a power of sale contained in a deed of trust.'” (Lona v. Citibank, N.A. (2011) 202 Cal.App.4th 89, 101.) “The statutory scheme has three purposes: ‘ “(1) to provide the creditor/beneficiary with a quick, inexpensive and efficient remedy against a defaulting debtor/trustor; (2) to protect the debtor/trustor from wrongful loss of the property; and (3) to ensure that...

Excerpt: ...nd, third and fourth causes of action. It fails to specify, by reference to exhibit, title page and line numbers, each material fact in support of the motion. Cal. R. of Ct., Rule 3.1350(d)(3). Instead, it leaves it to the Court to try to find supporting evidence. “Overly general references to supporting evidence, of course, may place an undue burden on busy trial courts . . . and need not be tolerated.” Parkview Villas Assn., Inc. v. State F...

Excerpt: ...031.310(b)(2).) The declaration must state facts showing a reasonable and good faith attempt at informal resolution of each issue presented by the motion. (Cal. Code Civ. Pro. §2016.040.) Whether a “reasonable and good faith attempt” was made requires an “evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit.” (Clement v. Alegra (2009) 1...

Excerpt: ...er of inconsistent adjudications. (Todd‐Stenberg v. Daikon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978‐979.) The moving party needs to show that the issues in each case are basically the same and that economy and convenience would be served by consolidation. (Ibid.) Consolidation is proper where there is no risk of undue confusion and prejudice. (Id. at 980.) The exercise of a court's discretion with respect to consolidation is exce...

Excerpt: ...” Bankes v. Lucas (1992) 9 Cal.App.4th 365, 368, superseded by statute on other grounds in Lee v. Wells Fargo Bank (2001) 88 Cal. App. 4th 1187. Defendants argue that they are entitled to costs associated with the non‐FEHA claims, specifically, plaintiff's claim for retaliation under California Labor Code section 98.6. The exception to the mandatory award of costs under California Government Code section 12965(b) “implements a clear legisla...

Excerpt: ...power to set aside a judgment or order that is void as a matter of law under CCP § 473(d). A judgment or order may be void as a matter of law for lack of or improper service of the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) There is no time limit on a collateral attack on a void judgment or order. (Rochin v. Pat Johnson Mfg. Co. (1998) 67 Cal.App.4th 1228, 1239.) When a defendant challenges the court's personal jurisdiction on t...

Excerpt: ... city's enforcement of ordinance 1189. The general rule is that courts retain power to vacate or modify injunctive orders at any time. (Code Civ. Proc., § 533; Ward v. McKinsey (1929) 98 Cal.App.108, 111 [“[T]he court which has granted a preliminary injunction ex parte … may dissolve or modify it of its own motion wherever it becomes satisfied that the order was improvidently or erroneously made.”]; Minick v. City of Petaluma (2016) 3 Cal....

Excerpt: ...$0 Expert Witness Fees $11,117.49 $1,137.14 Other: Attorney Service/Messenger Fees $0 $994.67 Court Call $124.00 Appearance Attorney $0 $65.00 Mediation Costs $0 $117.19 TOTAL $16,449.04 $2,314.00 KA brings this motion pursuant to Cal. Rules of Court (“CRC”), Rule 3.1700, which provides that a prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of the mailing of the entry of judgment . . ....

Excerpt: ...ithin 30 days, to be taken by Zoom or other similar remote method. The Court denies the request for monetary sanctions. The Court grants the motion to deem matters admitted as to Defendant Request for Admissions, set two. The Court denies Defendant's request for monetary sanctions. Factual / Procedural Context: Plaintiff Joseph O. is a minor and has been diagnosed with autism, schizophrenia, and bi‐polar disorder. Plaintiff takes medication to ...

Excerpt: ...is adult son who was injured in an accident. The remaining defendants are InsuranceBeacon.com, Inc. (dba Magnolia Auto Insurance Services) and Erik Aguilar, the insurance brokers whom, plaintiffs allege, are ultimately responsible for procuring a policy that excluded Rivera, resulting in Rivera being unable to recover noneconomic damages when he was involved in an accident. The insurer, Infinity Insurance Company, prevailed on a motion for summar...

Excerpt: ...iven by his uncle, Darnell Florence, that was rear‐ended by a tractor‐trailer driven by Defendant Kieran McCall and owned by his employer, Defendant C. Vermeer Transport, Inc. Mr. Harris was tragically killed. Plaintiff Ward has asserted negligence based claims against Defendants C. Vermeer and McCall and a claim for dangerous condition of public property against Defendant County of Riverside. On 7/14/22, after a hearing on various discovery ...

Excerpt: ...unction as a general demurrer, but is made after the time to file a demurrer has expired. C.C.P. §438(c). Lack of jurisdiction and the failure to state facts sufficient to constitute a cause of action are the only two grounds under which a motion for judgment on the pleadings may be brought. C.C.P. §438(c). Like a demurrer, the grounds for a motion for judgment on the pleadings “must appear on the face of the challenged pleading or be based o...

Excerpt: ...standing to foreclosure because no substitution of the current trustee was ever recorded. The complaint pleads causes of action for 1) Wrongful foreclosure; 2) Breach of the covenant of good faith and fair dealing; 3) Cancellation of instruments; 4) Violation of Business and Professions Code section 17200; and 5) Quiet title. On 3/30/22, the court sustained a demurrer by defendant Allied Servicing Corporation (Allied), which services the loan. It...

Excerpt: ...nder attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations...

Excerpt: ...al owner of a shopping center. On December 23, 2008, Defendants George and Veronica Bakos (“Defendants”) entered into a five‐year commercial lease agreement (“Lease”) for the subject premises. On July 20, 2010, Defendants and Plaintiff's predecessor‐in‐interest executed a First Amendment to the Lease, which amended the permitted use of the premises. Plaintiff acquired the premises and all rights, title and interest in the Lease on O...