Excerpt: ...Mellon in an unlawful detainer action against Plaintiffs and that all causes of action here arise from that protected conduct. "The ant-SLAPP statute, secton 425.15, allows a court to strike any cause of action that arises from the defendant's exercise of his or her constitutionally protected rights of free speech or petition for redress of grievances." (Flatley v. Mauro (2006) 39 Cal.4th 299, 311-312 ("Flatley").) Because not all speech or petit...

Excerpt: ...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 851, 872.) Generally, a plaintiff need only plead facts necessary "to acquaint a defendant w...

Excerpt: ..., if applicable, in these causes of action along with liability, defenses, and damages on the remaining cause of action fifth cause of action (fraud or deceit—promissory fraud), including liability for punitive damages, shall be determined in Phase II after the conclusion of the Orr Builders appeal; Phase Ill will involve determination of the amount of punitive damages, if applicable. Defendants move for a stay of this case pending resolution o...

Excerpt: ...ber 3. Defendants assert that the Court should strike these portions of Plaintiff's Complaint because there are no material allegations of fact sufficient to support punitive damages. The Court agrees. 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 c...

Excerpt: ...sition Subpoena for Personal Ap#arance and Production of Documents and Things issued by Plaintiffs on July 14, 2023, to third-party Victor Monteleone. underwriters brings this motion on the ground that the deposition is untimely as fact discovery has been closed in this case since March 15, 2023, with the original trial date being April 21, 2023. On March 22, 2023 the Parties executed a Stipulation to continue trial until October 2, 2023 ("Stipul...

Excerpt: ...ly identified deficiencies in the first three causes of acton. The Third Amended Complaint still fails to allege a definite oral easement or interference with particular rights. A grant of an oral easement may overcome the statute of frauds if formed by an executed oral agreement. Here, Plaintiffs allege that since the early 1960s, Dunlevie, as the owner, agent, and offcer of the three entities, Desert Bermuda Development Company, Jamaica Sands, ...

Excerpt: .... Castro allegedly convinced Kleczka to purchase The 19th Hole restaurant or contribute funds to do so through an LLC, Castriinilexini, LLC. These are commercial claims that are not secured, and are premised on, among other things, elder abuse allegations. Here, Plaintiff seeks a temporary restraining order and right to attach order. Attachment is a purely statutory remedy by which the property of a defendant is "seized" in advance of trial and j...

Excerpt: ...his Court after a trial on the merits awarded Orr Builders, the general contractor on the Sunniva Project, several million dollars in connection with its mechanic's lien foreclosure action as against Bobs. Bobs appealed on August 3, 2023. A jury trial in the action at bench is set for hearing on September 15, 2023. The basis for the request for stay is that the damages sought by Bobs in this case are partially premised on the damages awarded in t...

Excerpt: ...ied in April. Marshall's wife, Plaintiff Eaton, sued EMC and its alleged administrator, Martin Massiello alleging: (1) dependent adult elder abuse (Welf & 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 complaint and all causes alleged against him on the basis that fails to st...

Excerpt: ...ing of April 11, 2023 deeming admitted the Defendant's Request for Admissions, Set One. Plaintiff argues that the Court abused its discretion in granting the motion to deem matters admitted, because responses to the Request had been provided and one hour after the hearing Plaintiff "cured the administrative procedural mistake or excusable neglect by having Plaintiff's response verified and served the verified response to Defendant." Plaintiff ass...

Excerpt: ...ent, with a balance of approximately $205,cm. The second mortgage, however, is not current and over $582mo was owed at the time it was foreclosed upon. Defendant Glenhill Asset Management LLC is alleged to be the beneficiary of the note on the second mortgage; Defendant Equity Wave is the loan servicer on the second mortgage. The value of the property allegedly exceeds $1.5 million. Landers alleges that from March 2020 through September 2020 he r...

Excerpt: ... (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 reasonable amount, "both from the standpoint of time spent and the amount charged." (Warren v Kia Motors Inc. (2018) 30 Cal.App.5th 24, 35-36.) This is consistent with the lodestar calculation, a function of hours reasonably expended multiplied by the reasonable hourly...

Excerpt: ...ended Complaint fails to specifically plead facts sufficient to support these claims and that both are barred by the economic loss doctrine. 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 form part o...

Excerpt: ...issued in connection with a loan by hard-money construction lender Bobs to the developer of the Sunniva Campus, a multi-million-dollar warehouse for production and distribution of cannabis and cannabis products. Months after project construction was under way, in March 2018, Bobs originated a $27 million loan to the developer, which was processed through escrow. Defendants Orange Coast Title Company ("OCTCSC") and Real Advantage Title Insurance (...

Excerpt: ...nt on the pleadings has the same function as a general demurrer and the same rules govern except as provided by Code of Civil Procedure secton 438. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) Section 438 sets forth the grounds and procedures for the motion. The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notce. Secti...

Excerpt: ...r, Doe 3, demurrers to the only cause of action against it, for negligent hiring, supervision, and retention. 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 need no...

Excerpt: ...Lloyds's of ü)ndon Subscribing to Policy No. ACNA8PP1477-04 ("underwriters") moves for summary judgment or, alternatively, adjudication of the three causes of achon pleaded against it for breach of contract, breach of implied covenant of good faith and fair dealing, and negligent misrepresentation, all of which are alleged by Plaintiff Prower. The motion for summary judgment is denied. The motion for summary adjudication is granted as to Issue 3...

Excerpt: ...dant from opposing Plaintiff's claims that Defendant Primoris Services Corporation had possession and control of the vehicle that Defendant Cody Joseph Bryan was operating at the time of the incident on May 30, 2021. Plaintiff also seeks an order establishing that Defendant Primoris Services Corporation knew or should have known that the Defendant Cody Joseph Bryan was incompetent or unfit to drive the vehicle." When reviewing a moton for issue o...

Excerpt: ...he existence of triable issues of material fact preclude 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., 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 achon cannot be established or that there is a complete defen...

Excerpt: ...s to compel arbitration under the Retail Installment Sales Contract that Plaintiff and San Diego Chrysler Dodge Jeep (a nonparty) signed to effectuate the purchase. Crystal argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the Contract. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inext...

Excerpt: ...Procedure section 435, subdivision (a), provides that a court may "[sltrike 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 punitive damages allegations from the Complaint. Such a motion lies where the facts alleg...

Excerpt: ...pics identified in the deposition notice. For instance, Burding testified that he looked at five documents to prepare for the deposition, including the preliminary title report and three drafts of the closing instructons given by Bobs before closing of escrow. (Exh. D [25:2-26:181.) He testified that he did not speak to anpne else in preparation for the deposition. (ld. at p. 64:21-25.) He did not take the steps to familiarize himself concerning ...

Excerpt: ... reasonable amount, "both from the standpoint of time spent and the amount charged." (Warren v Kia Motors Inc. (2018) 30 Cal.App.5th 24, 35-36.) This is consistent with the lodestar calculation, a function of hours reasonably expended multiplied by the reasonable hourly rate, which may be adjusted to fix a fee at the fair market value of comparable services in the community. (ld.) "Padding" is not subject to compensation. (See Graham v. DaimlerCh...

Excerpt: ... interfere with Plaintiffs' rights. This case was set for trial, and Defendants had filed a motion for summary judgment that was pending when Plaintiffs voluntarily dismissed the case. Now Defendant Associations move for prevailing party attorneys' fees under Civil Code sections 1717 and 5975. Each Defendant asserts that it is a prevailing party under the Annexation Agreement (Section 1717) and that it defeated Plaintiffs' action seeking to enfor...

Excerpt: ...r claims that in January 2023 it and Respondent each conducted independent appraisals of the property at issue and could not come to an agreement as to value. For that reason Pettioner has brought this action. Property insurance policies may call for "appraisal" of the value or amount of any claimed property loss. It is the insured's initial responsibility to establish the "actual cash value" of the property damaged. If the insured disagrees with...