Excerpt: ...nary 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 facts necessary “to acquaint a defendant with the nature, source and extent of his claims....

Excerpt: ...ously, this Court ordered this matter into arbitration per to the terms of the Purchase Agreement dated January 13, 2019. As explained in its ruling compelling this matter into arbitration the Purchase Agreement provides in Section H, entitled “Dispute Resolution/Arbitration,” that any disputes between the parties be resolved by arbitration. “Disputes” are defined as “any dispute, claim, suit, demand or controversy arising out of relati...

Excerpt: ...s mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) A claim of “neglect” by a Page 4 of 4 person having the “care or custody” of an elder under the Act requires a caretaking or custodial relationship where a person has assumed significant responsibility for attending to one or more of those basic needs of the elder or dependent adult that an able‐bodied and fully competent adult wou...

Excerpt: ... as Todd v. Murphy, which the Court dismissed based on forum non conveniens; the Court's order dismissing that case and finding that it should be heard in Hawaii is now on appeal. Although Plaintiff Todd asserts that this First Amended Complaint raises new causes of action, all causes of action asserted here are merely new theories of liability arising out of the same facts and transactions, and same subject matter, as those claims raised in case...

Excerpt: ...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.) The “tried and true” way to meet this burden is to present affirmative evidence negating, as a matter of law, some essential element of a plaintiff's claim (e.g., failure to exhaust administrative remedies or expiration of th...

Excerpt: ...d fourth causes of action are uncertain and that they fail to state facts to constitute any viable cause of action. The Court has repeatedly, and at length, addressed these causes of action in one form or another, and has allowed Plaintiff numerous opportunities to correct fatal defects. Plaintiff has not done so, and the Court finds that the demurrer should be sustained without leave to amend. To withstand a demurrer the complaint must contain �...

Excerpt: ...ust 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 facts neces...

Excerpt: ... 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 determine what issues must be admit...

Excerpt: ..., 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 allowable where the defendant is guilty of malic...

Excerpt: ... during discovery that warrant correction of facts and causes of action pleaded in the First Amended Complaint. The Court agrees. Defendant Brown opposes the motion but has not demonstrated that Plaintiff has unduly delayed seeking amendment or that she will be unduly prejudiced. The new causes of action here are merely different theories of liability that are still premised on the same primary right— that Brown wrongfully attempted to gain tit...

Excerpt: ...nts claims are subject to the workproduct privilege. The parties are ordered to meet and confer after the privilege log is produced and to attempt to informally resolve their dispute. If the dispute cannot be resolved, the parties are ordered to file with the Court on or before June 21, 2021 a joint declaration detailing any points of agreement and disagreement with regard to production of documents described on the privilege log. The parties' fa...

Excerpt: ...plaint. 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.) Gen...

Excerpt: ...cts 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 of unc...

Excerpt: ...se 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. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) If the plaintiff does not make such a showing, summary judgm...

Excerpt: ...ainst demurring defendants GGMP Veterans and Montoya are premised on alter ego liability, as no theory of direct liability has been alleged. Under the alter ego doctrine, the complainant must establish (1) that there is such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist and (2) that, if the acts are treated as those of the corporation alone, an inequitable result will follow....

Excerpt: ... is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence. If the party opposing t...

Excerpt: ...and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence. If the party opposing the petitio...

Excerpt: ...g 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 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...

Excerpt: ...g 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 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...

Excerpt: ...�, 140 lbs. The declaration of due diligence reflects that the registered process server made three prior attempts at service on Mr. Callo at the same address where substituted service was made. It also states that after substituted service was accomplished, a copy of the summons and complaint was mailed to Defendant at the same address. A default judgment was entered in February 2016. This is Defendant's third motion to set aside the judgment. T...

Excerpt: ...ion of Christopher Ross (Ross Decl.) ¶¶ 8‐12). In addition, Plaintiff claims that according to former District Attorney Rod Pacheco, Hestrin told Pacheco that the County's lawyers asked Hestrin not to testify in this case that District Attorney Zellerbach was unethical. Defendant County moves to quash. The Court grants the motion to quash as Plaintiff has not shown a compelling need to take Hestrin's deposition. Hestrin is a high‐ranking go...

Excerpt: ... Organization LLC was defaulted because it was suspended and unable to participate in litigation. The Court is not aware that Zitro has been reinstated and so presumes the opposition is filed on behalf of CAL only. All parties appear to agree that attorneys' fees awarded here should be calculated using lodestar methodology, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. (PCLM Group, Inc. v. Drexler (2000) ...

Excerpt: ...vid Wood. Sustain with 30 days leave to amend as to the third (negligence), fourth (UCL), sixth (unjust enrichment), seventh (money had and received), and eighth (equitable indemnity) causes of action as against David Wood. 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 suff...

Excerpt: ...ust on April 27, 2018, weeks before work commenced on the project. Klorman was a subcontractor hired by general contractor Watkins to perform structural concrete work. Klorman and Watkins entered into a subcontract on or about April 12, 2018. Klorman commenced work on May 14, 2018. In its motion, NGC asserts that the First Amended Complaint, on its face, does not entitle Klorman to priority. In opposition to the motion, Klorman asserts that in fa...

Excerpt: ...:30 a.m., appearance to be via WebEx absent further notice of the Court, and will be heard on that date if the issues presented are not resolved by the Informal Discovery Conference. In order to conduct the Informal Discovery Conference, the Court orders counsel to provide the Court with the following information: a. Contact information for all counsel who will be participating in the discovery conference, including email address and telephone nu...