Excerpt: ...use 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.) A demurrer on the ground of uncertainty will only be sustai...

Excerpt: ...ult of a fire at a neighboring business, Bongo Johnny's owned by Wirt. Wirt's negligence allegedly caused the fire. AAIC and Specialty are alleged to be Plaintiff's insurer(s), or Specialty is alleged to be an agent or alter ego of insurer AAIC. The operative complaint alleges that: • Defendants AAIC and Specialty intentionally deceived Plaintiff as to the amount of coverage available or as to the amount of coverage Plaintiff was entitled to re...

Excerpt: ...d that all allegations relating to punitive damages should be stricken. Code of Civil Procedure section 436, subdivision (a), provides that a court may “[s]trike out any irrelevant, false, 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...

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: ...ng parties asserting that Plaintiff negligently operated his bike causing him to run into the side of the van Cardenas was driving, and Plaintiff asserting that he was not negligent, but that Cardenas abruptly turned such that Plaintiff could not stop to avoid a collision. This question of which party, if any, was negligent is one for the jury. (See Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764, 769, 781.) As has been stated, “[n]egligence...

Excerpt: ...ege 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.) A demurrer on the ground ...

Excerpt: ...s, selective enforcement, and damages. The motion also sets forth forty‐three separate issues purporting to require resolution by summary adjudication, in the event the Court denies summary judgment. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc., § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a ca...

Excerpt: ...that the Complaint is not verified and fails to allege an adverse claim or tender. Plaintiff Gutierrez filed Page 6 of 7 an untimely opposition arguing that the demurrer presents factual issues and that tender is excused. The Court exercises its discretion to review the untimely opposition—but will not do so in the future. The demurrer has merit and it is sustained with leave to amend. To withstand a demurrer the complaint must contain “a sta...

Excerpt: ... 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.) A demurrer on the ground of uncertainty will only be sustained where a defendant cannot reasonably determine what issues must be admitted or denied, or what ...

Excerpt: ...hat 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 of 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 more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguila...

Excerpt: ...on, leaving the motion as it pertains to the third cause of action for declaratory relief. “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative d...

Excerpt: ... Responding party is further ordered to pay attorney's fees and costs to moving party in the amount of $5600.00 within 30 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) The Court rejects White's argument that Plaintiff lacks capacity to sue. Plaintiff Lamas Beauty, Inc. is in good standing in its home state of Nevada. White has offered no authority demonstrating that Plaintiff may not pursue this action based on ...

Excerpt: ...th cause of action for negligent infliction of emotional distress is against Golden State and Complete Comfort. Golden State demurrers alleging: it did not owe any duty to Plaintiff, because it is merely a claims adjuster; the second cause of action for intentional infliction of emotional distress fails to set forth facts demonstrating that Golden State engaged in outrageous conduct; the third cause of action for financial elder abuse is not suff...

Excerpt: ... 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.) Request 1 is to strike the request for attorneys' fees in the First Amended Complaint. There is no legal basis articulated in the complaint to support attorneys' fees. Request 2 is to strike the prayer for punitive damages from the complaint. The First Amended Complaint does not art...

Excerpt: ...ht 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.) A demurrer on the ground of uncertainty will only be sustained where a defendant cannot reasonably deter...

Excerpt: ... objections to the application lack merit. The automatic bankruptcy stay applies to an action against the debtor, or to recover a claim against the debtor, and the debtor at issue here is Sunniva, not Orr Builders. (See 11 U.S.C. § 362(a).) The stay would also extend to property of Page 3 of 3 the bankruptcy estate, meaning Sunniva's property, not Orr's property. (See Boucher v. Shaw (9th Cir. 2009) 572 F.3d 1087, 1092 [“As a general rule, the...

Excerpt: ...t any irrelevant, false, 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�...

Excerpt: ....) A party moving to tax or strike costs must prove that a challenged cost is unnecessary or unreasonable. Code of Civil Procedure section 1032, subdivision (b), provides that “[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” Section 1033.5, subdivision (a), sets forth allowable costs, and Section 1033.5, subdivision (b), sets forth non‐al...

Excerpt: .... Code § 1794.) The dispute is as to the amount. Defendant Ford asserts, among other things, that Plaintiff is seeking fees for unreasonable, unnecessary, and duplicative work, billed at inflated hourly rates. Ford also asserts that no multiplier is warranted. As explained below, the Court awards attorneys' fees of $25,453.50. The Court also awards costs of $941.63. Under Civil Code section 1794, the court must make an initial determination as t...

Excerpt: .... Code § 1794.) The dispute is as to the amount. Defendant Ford asserts, among other things, that Plaintiff is seeking fees for unreasonable, unnecessary, and duplicative work, billed at inflated hourly rates. Ford also asserts that no multiplier is warranted. As explained below, the Court awards attorneys' fees of $25,453.50. The Court also awards costs of $941.63. Under Civil Code section 1794, the court must make an initial determination as t...

Excerpt: ...o 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.) A demurrer on the ground of uncertainty will...

Excerpt: ...fendants. 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 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.) G...

Excerpt: ...s costs. “The state Supreme Court has held that, even though the costshifting feature of the Song–Beverly Act is the more specific statute because it concerns the recovery of costs in a more specific type of litigation, it does not trump or supersede the provisions of Code of Civil Procedure section 998 when, as here, the two may be reconciled. [Citation.]” (Duale v. Mercedes‐Benz USA, LLC (2007) 148 Cal.App.4th 718, 726.) Section 998, su...

Excerpt: ... 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 support a punitive damages claim. (Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63.) Civil Code section 3294 provides that exemplary damages are all...

Excerpt: ...lege 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.) A demurrer on the ground...