Excerpt: ...t the fifth cause of action is not stated with particularity, that it fails to allege a transactional relationship giving rise to a duty to disclose. 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., S 425.10.) "[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually fo...

Excerpt: ...wer within 20 days. Plaintiffs have filed this post-foreclosure action against their mortgage lender alleging that Defendant Gateway wrongfully foreclosed on their property. Plaintiffs allege Defendant wrongfully foreclosed on their property located at 83065 El Greco Avenue, Coachella, CA 92263, through a trustee's sale upon Plaintiffs' default on their mortgage payments. (First Amended Complaint ["FAC"], 1, 9.) Plaintiffs allege that, beginning ...

Excerpt: ...ly identified deficiencies in the pleading, as explained below. The Court declines to award sanctions on fts own motion, but this does not preclude Defendants from filing a separate motion under Section 128.7, after complying with all safe harbor and other requirements of that section, if appropriate. Defendants again demurrerto the first cause of action for breach of written contract, the second cause of action for breach of oral contract, and t...

Excerpt: ...ion is granted, but responses are limited to documents from 2020, 2021, and 2022. All further responses are ordered to be served within 30 days of service of notice. (CCP S 2031.310). Plaintiff has made a factspecific showing of relevance as to these Demands, with the limitations noted above, and Defendant EMC has not justified its objections. The Court notes that with respect to objections based on the fact that requests are unduly burdensome, E...

Excerpt: ...d without the need for Court interventon. The Court notes that in her reply, Plaintiff claims that the only injuries at issue are to her "shoulder, back, head neck [sic.], ankle and leg (these body parts are listed in Plaintiff's discovery responses)." (Reply 2:24-25.) Notably, the motion does not specify the body parts at issue. But in her discovery Page 3 of 3 responses, Plaintiff identified her injuries in response to Form Interrogatory number...

Excerpt: ... position on the Del Web at Rancho Mirage Community Association for a full two-year term and (2) prohibiting the HOA Board from removing board members without complying Corporations Code sections 7221 and 7222. The injunction is granted as to request 1, and the Court orders Andrew be restored to her position on the Board, but only for the remainder of her existing term and not for an additional two-year term. The injunction is denied as to reques...

Excerpt: ...t where they address an entire paragraph, cause of action, count, or defense; none of those things are at issue here. For that reason alone, the Court could deny this motion with respect to Issue 2. As to all issue, Defendant argues that there are no allegations against it beyond mere negligence and no specific allegations against it supporting punitive damages based on malice. Here the First Amended Complaint alleges intentional torts against De...

Excerpt: ...r the purchase price of $37,000 to be paid in installments over the course of 25 years, accruing interest at the rate of per annuum. The sole surviving buyer, Plaintiff Gardner, alleges in her Complaint that she and her late husband made continuous payments and paid the loan in full in and around 2005. (Complaint, 14.) Both the sellers are now deceased. After John Gustavsen died, in 2018 Patsy Gustavsen transferred title to the property into her ...

Excerpt: ...tentional infliction of emotional distress, breach of contract, and fraudulent concealment. The second cause of action is for intentional infliction of emotional distress. The First Amended Complaint sufficiently pleads intentional infliction of emotional distress. Allegations that room 988 was "dirty" during Plaintiff's stay, and that there had been complaints by prior guests documented in an online platform in June 2022, July 2017, May 2016, an...

Excerpt: ...ment the Court retained jurisdiction under Section 664.6. Plaintiff Dumas, however, contends that he did could not clearly hear all terms of the agreement because he was appearing by telephone while his attorney appeared in court in person. He also claims that the agreement should not be enforced because Defendant utilized more than one interpreter during the proceedings. He also contends that the Court should not enforce the agreement because it...

Excerpt: ...Plaintiff's operative Second Amended Complaint alleges seven causes of action for (1) negligence, (2) negligent infliction of emotional distress, (3) intentional infliction of emotional distress, (4) sexual battery (Civ. Code, S 1708.5), (5) gender violence (Civ. Code, S 52.4), (6) Ralph Act Violation (Civ. Code, S 51.7), and (7) false imprisonment. The motion here concerns further responses to DHSE's Special Interrogatories, Set One, and Demands...

Excerpt: ... deemed the prevailing party. Plaintiff now moves for an award of attorney's fees and costs in the total amount of $58,586.28, which includes: (1) a lodestar of $33,914.50; (2) $6,000 for anticipated fees for reviewing opposition, drafting reply and appearing at the hearing on this matter; (3) a 1.35 multiplier in the amount of $11,870.07; and (4) $6,801.71 for litigation costs. GM opposes the motion arguing that the billing is excessive or fabri...

Excerpt: ...rt on December 1, 2023. An abstract of judgment was issued on December 5, 2023. Defendants argue that the judgment entered on November 29, 2023 is not final because post-judgment motions are pending and the judgment may be appealed. These arguments are not persuasive or supported by law. A money judgment that requires payment of money is enforceable against all property of the judgment debtor. (Code Civ. Proc., SS 681.0110(a), 695.010(a).) "In or...

Excerpt: ... a deterioration in their business relationship. In 2019, Carrick sued Gonzalez for breach of express and implied pool agreements, declaratory relief, and breach of support contract in case PSC1901644. In 2020, the parties resolved the action via a written settlement agreement and voluntarily dismissed the lawsuit. In 2022, Carrick sought to vacate the dismissal and enforce the settlement agreement under Code of Civil Procedure section 664.6. The...

Excerpt: ... 2023, along with allegations pertaining to punitive or exemplary damages. "[A1 moton to strike is generally used to reach defects in a pleading which are not subject to demurrer." (Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342.) A motion to strike may be brought to strike the portion of a pleading on the grounds that that pleading contains "irrelevant, false, or improper matter" or "not drawn in conformity with Californ...

Excerpt: ... when it vacated the leased premises without notice, failed to pay rent for the balance of the lease, and failed to mediate in compliance with the terms of the lease. The Complaint further alleges that Defendant defrauded Plaintiff when it promised to pay rent for the duration of the lease, promised to mediate disputes, and made other promises without any intention of performance and with the intent to defraud and induce Plaintiff's reliance. Fur...

Excerpt: ...titute a cause of action, and that it fails to allege a transactional relationship giving rise to a duty to disclose. 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., S 425.10.) "[Tlhe 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...

Excerpt: ...inging this motion. The parties are ordered to meet and confer by telephone, in person, or on video. Failure to meet and confer in good faith may result in sanctions. If the parties resolve the issues before the Court, the moving party is ordered to contact the Court and request that the Motion be taken off calendar. After meeting and conferring, moving party shall, at least 10 days before the continued hearing date set above, do one of the follo...

Excerpt: ...the pleading that is subject to the motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion to strike." Here, the declaration filed by Defendant refers to a meet and confer pertaining to a prior motion and does not state that anyone met and conferred with respect to this moton arising from the First Amended Complaint. It may well be that a meet and confer wil...

Excerpt: ...this wrongful foreclosure action. Plaintiffs allege the following causes of action: (1) violation of Civil Code section 2923.5; (2) violation of Civil Code section 2923.6; (3) violation of Civil Code section 2923.7; (4) negligence and negligence per se; (5) UCL violations; and (6) wrongful foreclosure. The first, second, and third causes of action are premised on statutory violations. Civil Code section 2923.5 requires that a mortgage service, mo...

Excerpt: ...der. Plaintiffs now move for an order removing the case from arbitration and putting it back on the active calendar because they argue that Defendants failed to timely pay arbitration fees. Defendants admit that they did not timely pay the fees but assert that the oversight was unintentional and that the Court should not remove this case from arbitration because Plaintiffs failed to comply with this Court's order requiring the matter to but submi...

Excerpt: ...al Integrity. Plaintiff initially sought to recover for, among other things, anxiety she claimed to have suffered as a result of the accident. She now has withdrawn her claims relating to anxiety and has not and does not assert any claim for psychological injury. She has amended some or all of her responses to discovery to eliminate any such claims, and will amended remaining responses to avoid any confusion about the claims she is pursuing. For ...

Excerpt: ...emurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." Here, the parties have not met and conferred as required. It may well be that a meet and confer will not resolve this demurrer. The likelihood of a resolution is, however, irrelevant. The C...

Excerpt: ...cularity that constitute a cause of action, and that it fails to allege a transactional relationship giving rise to a duty to disclose. A moton for judgment on the pleadings addresses defects in a pleading that are disclosed on the face of the pleading or that are subject to judicial notice. (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reasonab...

Excerpt: ...ces of the Riverside Branch. Petitioner seeks a writ commanding the Department to provide services, to create and implement an Individualized Plan for Employment, and for "damages in the sum of $57,CM through May 2022 and continuing at $2,880." In her opening brief Petitioner also seeks orders requiring the Department and its employees from engaging in conduct that she considers to be unprofessional. More specifically, Petitioner asserts that she...