Excerpt: ...t contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union Page 4 of 7 High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead f...

Excerpt: ...t issue here in Sadorra's motion for summary adjudication are the 1st and 8th causes of action, for breach of the CC&Rs and injunction, and declaratory relief, respectively. These causes of action pertain to Sadorra's allegations that he was wrongfully denied approval of his plans to install drought‐tolerant landscaping and a six‐foot block wall between his property and Brown's property. Sadorra argues that HOA breached the CC&Rs by failing t...

Excerpt: ...2 are continued to September 29, 2022 at 8:30 a.m., and will be heard on that date if the issues presented are not resolved by the Informal Discovery Conference. The Trial Setting Conference and Order to Show Cause set for hearing on September 13, 2022 at 8:30 a.m. are continued to September 29, 2022 at 8:30 a.m. The OSCs are returnable to this department under Local Rule 3116. In order to conduct the Informal Discovery Conference, the Court orde...

Excerpt: ...a one paragraph document from Heath Hilgenberg, president of Defendant Hilgenberg Realty, addressed to the Plaintiff's President, Jeff MacLean. The letter states in its entirety: We would like to submit a letter of intent regarding our commitment to sign additional PureDMS, Inc./Pure Community Systems contracts with our Keller Williams offices in Redlands, CA and our Big Bear Lake and Lake Arrowhead offices in CA. We intent [sic.] to launch our c...

Excerpt: ...plaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead fac...

Excerpt: ... La Laja Boys, also received a yellow caution card for misbehavior. All of this happened in the last 15 minutes of the game. After the whistle blew, Emilio Caro, the goalie, attacked Salmon who was running towards the middle of the field. Salmon was seriously injured. In her Complaint, Salmon alleges three causes of action, for (1) assault and battery as against Caro, (2) vicarious liability/ratification of the assault and battery and negligence ...

Excerpt: ...473(b). It asserts that the only reason its pleadings were stricken was because it was suspended by the Franchise Tax Board and that, because of the pandemic there was a significant delay in getting reinstated. The motion under Section 473 is untimely; it was filed well outside of the 6‐month deadline. That said, the Court finds that Quadrow has established an equitable basis for relief. A court may set aside a default on equitable grounds wher...

Excerpt: ...ing at the Palm Springs Courthouse (there is no fee to park at the Palm Springs Courthouse). Under Civil Code section 1794, the court must make an initial determination as to the actual time expended and then ascertain whether that time, and the monetary charge for that time, are reasonable. (Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104.) The burden is on the prevailing party to demonstrate that fees were allowable, reasonab...

Excerpt: ...y on Pansy Street in the City of Indio (the “Property”). (CC, ¶ 13.) On September 30, 2014, title was transferred to Plaintiff and Decedent as joint tenants. (CC, ¶ 14.) In November 2014, Decedent had Plaintiff sign documents (which Plaintiff could not read), telling him that it was necessary to update his banking information; however, the document signed was a grant deed that transferred title to the Property to Decedent as sole owner. (CC...

Excerpt: ... Defendant Jack Jennings. The lease was guaranteed by Jennings and Defendant Charles Biehl. Manage Control assigned its lease to Defendant Lunas Pizza Bar and Grill. The Lunas Pizza lease, as assigned, was guaranteed by Defendants Jorge Luna and Gustavo Luna. Plaintiff alleges in its Complaint that Defendants breached their lease obligations, specifically that Lunas Pizza Bar and Grill stopped paying rent and also removed property improperly from...

Excerpt: ...ises liability, and loss of consortium. Specifically, it demurrers to the first and second causes of action for negligence and premises liability asserting that these causes of action are uncertain because they do not specify where precisely Plaintiff Lucas fell or what he fell on. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc.,...

Excerpt: ...firmative defense, in the form of an unsigned 2017 declaration by Larry White, and that it did not proffer this declaration in opposition to the motion for summary judgment/adjudication because Plaintiff failed to properly raise arguments relating to Insurance Code section 381. This argument is not well taken. Under Code of Civil Procedure section 1008, a party may by timely motion seek reconsideration of an order based upon new or different fact...

Excerpt: ...hat Anaya signed to effectuate the purchase. It argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract, or that Anaya should be estopped from asserting that it may not enforce the agreement. The arbitration provision at issue here states: Any claim or dispute, whether in contract, tort or statute or otherwise (including the interpretation and scope of this Ar...

Excerpt: ...ed on the proffered and unopposed evidence, the Court granted a temporary restraining order prohibiting Defendant Harris from transferring, encumbering, or otherwise committing waste or diminishing the value of the vehicle at issue here, but denied the request for possession. The Court hereby dissolves the temporary restraining order and enters in its place a preliminary injunction prohibiting Defendant from transferring, encumbering, or disposin...

Excerpt: ...Plaintiffs each have a 33 1/3 interest in the property, that there are no other parties who have an interest in the property, and that the property should be sold by partition. Instead, Defendant asserts that the Court cannot grant summary judgment because there are specific orders that the Court must make related to the selection of the real estate broker who will list the property, Defendant's ability to participate in the acceptance of a reaso...

Excerpt: ... goalie for one of the teams, the La Laja Boys, also received a yellow caution card for misbehavior. All of this happened in the last 15 minutes of the game. After the whistle blew, Emilio Caro, the goalie, attacked Salmon who was running towards the middle of the field. Salmon was seriously injured. In her Complaint, Salmon alleges three causes of action, for (1) assault and battery as against Caro, (2) vicarious liability/ratification of the as...

Excerpt: ...table subordination), and 10th (constructive trust) causes of action, otherwise overruled. Plaintiff Key's First Amended Complaint alleges that it performed maintenance and landscaping work at a golf course and that it was not paid for its services. It alleges a complicated series of transactions and shell companies were utilized by demurring defendant Cushman and others to ensure that Key would not be paid, even on express written agreements int...

Excerpt: ...alse, or improper matter inserted in any pleading.” In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Here, the motion seeks to strike punitive damages allegations from the Complaint. Such a motion lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to supp...

Excerpt: ...037). (Petition, ¶ 6; Amended Administrative Record filed March 8, 2021 (“AR”) 047‐055, 066‐075.) On February 16, 2021, Petitioner filed two written appeals of the citations and paid the requisite fees for a hearing. (Petition, ¶ 7; AR 077‐083.) In late February 2021, Officer Molina sent Petitioner a notice of hearing (which Petitioner alleges did not comply with Cathedral City Municipal Code (“CCMC”) § 13.100.040). (Petition, ¶...

Excerpt: ... habitability, negligence, nuisance, and breach of covenant of quiet enjoyment. Among other things, Plaintiffs pray for punitive damages. Defendants move to strike punitive and exemplary damages from the Complaint. Under Code of Civil Procedure section 436, subdivision (a), a court may upon motion strike out any irrelevant, false, or improper matter in a pleading. In ruling on a motion to strike, the allegations in the complaint are considered in...

Excerpt: ...sion and replevin. The Court sustained the demurrer without leave as to the fourth cause of action for replevin, and otherwise overruled the demurrer. The remaining causes of action are for breach of contract, common counts, and conversion. King's Garden now moves to strike Scorpion's request for statutory penalties under Civil Code sections 8800 and 8818 on the ground that such penalties are only available for the improper withholding of progres...

Excerpt: ...‐ approval for a loan and proof of financial evidence and once his turn to purchase property came up on a VIP/waiting list. It further alleges that in March 2022, Lennar revoked its promise and sold houses in its development to the highest bidders. Lennar demurrers to these causes of action alleging that they are uncertain or not pleaded with the required specificity. To withstand a demurrer the complaint must contain “a statement of the fact...

Excerpt: ...gations and demand set forth in the first cause of action on the ground that Plaintiff has not complied with Code of Civil Procedure section 425.13. In addition, Defendants move to strike the demand for prejudgment interest on the ground that the tort claims alleged in the Complaint are not capable of being made certain by calculation. The court may, upon a motion made under Code of Civil Procedure section 435: (a) Strike out any irrelevant, fals...

Excerpt: ...sly does any injury to telegraph or telephone or electric power or gas property is liable to the corporation for three times the amount of actual damages sustained thereby, to be recovered in any court of competent jurisdiction.” Granite argues that Plaintiff Southern California Gas Company has not sufficiently pleaded that Granite's conduct was willful or malicious, as required by the statute. Granite argues that “willful” and “malicious...

Excerpt: ...gatories (Set One) numbers 10.2 and 10.3 which request information concerning Plaintiff's physical, mental, and emotional disabilities prior to, and after, the incident at issue here, in this insurance bad‐faith case. A party may file a motion compelling a further response to interrogatories if it finds that the responses are inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. (Code Civ. Proc., �...