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., �...

Excerpt: ...lieved the papers were for her parents, Ezekiel Velez and Margaret Ochoa, and that she failed to give the documents to her parents and ultimately lost or mislaid the documents. Velez seeks relief under Code of Civil Procedure section 473, subdivision (b), and 473.5. The court is empowered to relieve a party “upon any terms as may be just…from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake...

Excerpt: ...ourt is empowered to relieve a party “upon any terms as may be just…from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) Section 473, subdivision (b), consists of two distinct parts: “a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. Cit...

Excerpt: ...'s third and fourth causes of action for conversion and replevin asserting that they fail to state facts or are uncertain or duplicative. 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., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form pa...

Excerpt: ... may move to strike or tax costs per Rules of Court, rule 3.1700, subdivision (b). A verified memorandum of costs is prima facie evidence that costs were necessarily incurred where the costs at issue are expressly permitted by statute and appear to be proper charges. (WhatleyMiller v. Cooper (2013) 212 Cal.App.4th 1103, 1115.) A party moving to tax or strike costs must prove that a challenged cost is unnecessary or unreasonable. Code of Civil Pro...

Excerpt: ...posed request for judicial notice of what purports to be a docket in case number 202210956. It appears the docket reflects booking and bail information for an arrest in March 2022. There are no criminal charges filed against Defendant Rodriguez and there is nothing on the booking document that reflects any connection between the March 2022 arrest and the August 27, 2021 accident; nor is there any declaration testimony to demonstrate that Defendan...

Excerpt: ...id not receive. She further alleges she had to expend additional funds to complete her kitchen remodel. Defendants Ryan Thomas and his wife Christine Johnson died after the contract at issue was signed but before this suit was filed. Plaintiff has propounded a deposition subpoena for production of business records on the custodian of records for Barton CPA. The subpoena seeks a wide range of documents, from 2018 to the present “regarding or rel...

Excerpt: ...d a third cause of action, at issue here, seeking injunctive relief under Code of Civil Procedure section 526a. Essentially, the complaint, as with prior complaints, alleges that Defendants Ticket and Napolitano are operating an illegal Lawyer Referral Service, and that Cathedral City is a Page 3 of 5 “contractual client of Defendant Data Ticket” which refers Defendant Cathedral City to attorneys who act as Hearing Officers in Code Enforcemen...

Excerpt: ...ased on a contractual provision is vested with discretion in determining which party has prevailed on the contract, or that no party has. (DisputeSuite.com, LLC v. Socrenic.com (2017) 2 Cal.5th 968, 973 (“DisputeSuite”), citing Hsu v. Abbara (1995) 9 Cal.4th 863, 871.) “If neither party achieves a complete victory on all the contract claims, it is within the discretion of the trial court to determine which party prevailed on the contract or...

Excerpt: ...er Rules of Court, rule 3.1700, subdivision (b). A verified memorandum of costs is prima facie evidence that costs were necessarily incurred where the costs at issue are expressly permitted by statute and appear to be proper charges. (Whatley‐Miller v. Cooper (2013) 212 Cal.App.4th 1103, 1115.) A party moving to tax or strike costs must prove that a challenged cost is unnecessary or unreasonable. Code of Civil Procedure section 1032, subdivisio...

Excerpt: ...representations about why their lease was not being extended. Defendant March is alleged to have been the leasing agent for the landlords. March demurrers to all three causes of action in the complaint, for fraudulent deceit, negligent misrepresentation, and violations of the Unruh Civil Rights Act. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.”...

Excerpt: ...esult his wife took him to the emergency room operated by Defendant Desert Regional Medical Center (DRMC). While there, Nunes alleges he was mistreated by an emergency room physician, Dr. Lee (also referred to by the parties as Dr. Do or Lee Do), a LVN, McDade, and other staff because he is transgender. Specifically, relative to Dr. Lee: Page 5 of 6 • On November 27, 2019, Mr. NUNES woke up from a dead sleep to a severe pain in his left flank. ...

Excerpt: ...ummary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or...

Excerpt: ...urt awards attorneys' fees of $44,165.00 and costs of $4583.57. 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, reasonably necessary, and in a reason...

Excerpt: ...n” as mentioned in section 2025.410 only relates to an error or irregularity in a deposition notice that does not comply with Article 2 (commencing with Section 2025.210). (Code Civ. Proc., §2025.450(a).) Here, the objections raised by Defendant did not pertain to any irregularity or error in the deposition notice, so did not prevent Plaintiff from moving forward with the deposition. Objections based on unavailability or lack of capacity is no...

Excerpt: ...ds. The Court strikes the first category of documents requested relative to billing records, and modifies the second category such that it is limited to records from 2005 and after. With those modifications, the Court finds the subpoenas valid under California law. Page 3 of 11 The governing regulations of the VA explain that a subpoena issued by a court of competent jurisdiction is a “demand” (38 C.F.R. §14.802(a)) and, after an internal pr...

Excerpt: ...nt on the pleadings in this case: Defendant ReadyLink Healthcare, Inc. (ReadyLink), is a nurse staffing company that places nurses in hospitals, typically on a short‐term basis. Plaintiff State Compensation Insurance Fund (SCIF) is a public enterprise fund created by statute as a workers' compensation insurer. Like private workers' compensation insurers, SCIF provides workers' compensation insurance to employers. The premiums that SCIF charges ...

Excerpt: ...agreement or that it was provided to her, and that American Express waived its right to arbitrate. There is no competent evidence to support Dickinson's argument that she was not provided with, or did not receive, the agreement, nor has Dickinson demonstrated any waiver. A petition to compel arbitration ‘“is in essence a suit in equity to compel specific performance of a contract.”'” (Rosenthal v. Great Western Fin. Securities Corp. (1996...

Excerpt: ...es he was experiencing severe pain and vomiting, among other symptoms, and that as a result his wife took him to the emergency room operated by Defendant Desert Regional Medical Center (DRMC). While there, Nunes alleges he was mistreated by an emergency room physician, Dr. Do, a LVN, McDade, and other staff because he is transgender. Plaintiff also alleges that DRMC, and its CEO Finney, are responsible for his harm. Pertinent to this demurrer, th...

Excerpt: ...ued, among others, Susan Harvey and Desert Pacific Properties, the broker/agent for the property's sellers. This motion concerns the cross action by Harvey and Desert Pacific Properties as against the Morrows' broker/agent, Cross‐Defendants Hall and Forbes & Associates Realty Group. Hall and Forbes move for an order establishing that Harvey and Desert Pacific, whom they refer to as the Seller Broker, cannot prevail on their First Amended Cross�...

Excerpt: ...e 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 facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549 ‐550.)...