Excerpt: ...ry of judgment as a matter of law. (Code Civ. Proc., S 437c(c).) A defendant moving for summary 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. Prcyc., S 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made ...

Excerpt: ...nses, and further responses, as previously ordered by this Court prior to the hearing on this motion, or the tme this tentative ruling is adopted per Local Rules, the Plaintiff is prohibited from arguing or putting on evidence at trial as to all of the following specific issues: (a) "Defendants held themselves out to Plaintiff as experts with respect to the preparation of an offer in compromise (OIC) with the Internal Revenue Service (IRS)," as a...

Excerpt: ...ckson argues that punitive and exemplary damages should be stricken under Code of Civil Procedure section 436 because the facts pleaded are insufficient to support a claim of oppression, fraud, or malice. The Court disagrees. The allegations are specific and they, and inferences that may drawn from them, are sufficient to survive the moton to strike. The Complaint pleads that on the night of the accident Jackson, who lost his license as a result ...

Excerpt: ... Marshall's wife, Plaintiff Eaton, sued EMC and its alleged administrator, Martin Massiello alleging: (1) dependent adult elder abuse (Welt & Inst. Code 515600, et seq.); (2) Medical Malpractice Survival Action (Code Civ. Proc., 5377.20); (3) Willful Misconduct; (4) Negligent Infliction of Emotional Distress; and (5) Wrongful Death. Massiello demurrers to the First Amended Complaint and all causes alleged against him on the basis that it fails to...

Excerpt: ... following grounds: (1) "A statement of compliance with the demand is incomplete"; (2) "A representation of inability to comply is inadequate, incomplete, or evasive"; or (3) "An objection in response is without merit or too general." (Code Page 4 of 5 Civ. Proc., S 2031.310(a).) However, unlike any motions to compel responses of other forms of written discovery, the motion to compel further responses to RFPs must set forth specific facts showing...

Excerpt: ...n for judgment on the pleadings have not all been addressed. The first cause of action for breach of written contract is based on the "contract" attached as Exhibit Ato the FAC. It is not clear that this is a contract at all, but assuming it was intended to be a contract, it is not clear from the pleadings or the fact of this document what the essential features of the agreement were and whether there was a meeting of the minds. Although is clear...

Excerpt: ...ituting 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 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, so...

Excerpt: ...feco as part of an insurance claim, made contradictory statements about the cause of the property damage "rais[ing] serious concerns about the objectivity and integrity of SAFECO'S investigation and HAAG Engineering's conduct." {FAC '1 30.} The fourth cause of action for negligence and fifth cause of action for violation of Business and Professions code 17200 are brought as against HAAG and all other defendants. As the demurrer correctly argues, ...

Excerpt: ...ess. {FAC, "1 11, 20.} The only remaining issue in this demurrer is the second cause of achon for battery. The tort of battery is an intentional and offensive touching of a person who has not consented to the touching. (Conte v. Girard Orthopaedic Surgeons Med. Group, Inc. (2CG) 107 Cal.App.4th 1250, 1265.) "The essential elements of a cause of action for battery are: (1) defendant touched plaintiff, or caused plaintiff to be touched, with the in...

Excerpt: ...J& A Havendale, LLC move to strike the follow-ng portions of the Palm Cross-compliant: 1. Heading B ("Facts re the Cross-Defendants' Efforts to Commingle the Sale of the Carmona Real Property with the Restaurant Lease"), page 7, in its entirety. 2. Paragraphs 23-26, page 7, in their entirety. (General Allegations) 3. Paragraph 33, page 8, the portion of which states "reasonable attorneys' fees and." (2nd Cause of Acton) 4. Paragraph 54, page 11, ...

Excerpt: ...rer 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 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...

Excerpt: ...room door shut on him. Isenia Salcedo and Hernan Cortez, Ivan's parents, also observed Ivan's suffering after the accident. Plaintiffs allege the following six causes of action: (1) Dangerous Condition on Public Property; (2) Vicarious Liability of Public Employee; (3) Public Entity Liability for Failure to Perform Mandatory Duties; (4) Negligent Hiring, Supervision, Training and Retention; (5) Vicarious Liability of Public Employee; and (6) Inte...

Excerpt: ... a friend at Defendant's premises. (FAC, 12.) On April 15, 2019 Plaintiff discovered that there was a bedbug infestation in her room and took photos of the bedbugs to inform the hotel management. (FAC, '1 13.) After Plaintiff the incident, a hotel security guard assisted Plaintiff inspect her and confirmed that bedbugs were nesting in the room. (FAC, '1 14.) Later that day, Plaintiff realized that she and her friend had been bitten by bed bugs. (...

Excerpt: ...se 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 form part ofthe 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 o...

Excerpt: ...er abuse in the First Amended Complaint. Defendants allege that this cause of action is insufficiently pleaded and not pleaded with particularity. 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 suffic:ient to state a cause of action, each evidentiary fact that might eventually form...

Excerpt: ... of the accident. At that event they served alcohol to Defendant Arnold Vivas. Arnold is Ronald's younger brother. When Arnold drove away from the event, he was intoxicated. While driving he struck the Heynens' car, which Joanna Heynen was driving. Joanna was pregnant at the time. The Heynens' car was totaled. The operative complaint alleges three causes of action, only two of which are as against demurring defendants, Ronald Vivas and Civet Gonz...

Excerpt: ...red by experts designated by State Farm in its initial expert disclosure, and Plaintiff has not previously listed any expert on these subjects. "After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other's expert trial witnesses to exchange by all parties of a list containing the name and address of any natural person, including...

Excerpt: ... first cause of achon is for administrative mandate and for a stay of enforcement. CrossDefendants no longer own the property that is the subject of this action, and have no basis to seek writ relief or a stay of any actions as against the property. This property is also now the subject of a receivership, and the receiver has tasked with remediating the hazardous conditions on the property to bring it into compliance with all local and state heal...

Excerpt: ... demurring 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, Defendant neglected its duty to meet and confer as required. It may well be that a meet and confer will not resolve this demurrer. The likelihood of a resolution is, however, irrele...

Excerpt: ...th Cause of Acton, item 40, 'Attorney's fees, witness fees and costs of litigation incurred by Plaintiffs to obtain policy benefits in an amount to be determined at trial' because the FAC fails to allege a contract between Plaintiffs and DKI providing for attorney fees to the prevailing party." The eighth cause of acton is for negligence. Plaintiff has not pleaded any basis for recovery of attorney fees under a negligence theory. The motion is gr...

Excerpt: ...not addressed in the moving papers and is therefore not properly before the Court. Responses to these Demands 1-5, 6-8, 17-20, 26, 36, 44-52, and 50 are not Code compliant. The party to whom a demand for inspection, copying, testing, or sampling has been directed shall separately to each item or category of item by any of the following: [91 (1) A statement that the party will comply with the particular demand.... [q] (2) A representation that the...

Excerpt: ... Homeowners Association and The Management Trust (collectively "HOA"), the causes of action for (1) negligence (3rd cause of action), (2) trespass (4th cause of action), and (3) private nuisance (5th cause of action). HOA moves to strike portions of Plaintiffs' Complaint concerning the request for award of punitive damages and attorney's fees. "[A] motion to strike is generally used to reach defects in a pleading which are not subject to demurrer...

Excerpt: ...e was financed with a loan from BMC Mortgage, lnc„ which was secured by the property. Richard, the borrower, died on November 7, 2021. On September 15, 2022, Defendant Western Progressive Services LLC recorded a Notice of Default on of Defendant PHH Mortgage Corp. Thereafter Plaintiff recorded the Order awarding him the property. Plaintiff contacted PHH seeking to cure the default, but PHH refused to speak to Plaintiff because he was not the bo...

Excerpt: ...ice. No formal opposition to this motion was filed. Instead, counsel for DHSO filed a declaration stating that he provided Plaintiff with a check to cover the sanctons. The check was dated September 6, 2023. The declaration also stated that DHSO served further verified responses, without objections, to Demands for Production 1 and 15, and Interrogatory 4.1. The Court finds that DHSO has not complied with the June 28, 2023 order. As to request for...

Excerpt: ...o which portions of the motion is denied. Moving parties move to strike portions of the 3rd, 4th, 5th, 6th, 7th, 8th, 12th, 13th, 14th, 15th, 16th, 18th, 19th, 20th, 21st, 22nd, and 23rd causes of achon in the Second Amended Complaint, arguing that they are predicated on the alleged fraudulent representation made by Defendants regarding River Falls which was a non-existent entity at the tme of Plaintiff's execution of the notes and the related de...