Excerpt: ...ate 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 only b...

Excerpt: ...ed defendant Perfecto Pizza Inc., as the only judgment debtor and defendant. Review of the judgment reflects that the proposed judgment was submitted with another name next to that of Defendant Perfecto, and that Judge Latting redacted that additional name and initialed his change. Subsequently, the parties conducted proceedings before the Court relative to a claim of exemption. During those proceedings, a Mr. Eduardo Sanchez referred to himself ...

Excerpt: ...re, Plaintiffs have met their initial burden to describe the settlement and all of its facets. The objecting party, defendant Costco, has not met its burden to show that the settlement is in not in good faith, is in bad faith, or is “out of the ballpark” of reasonableness such that it is inconsistent with the equitable objectives of Section 877.6. The Court has considered all of the evidence in support of, and in opposition to, the proposed s...

Excerpt: ...ntitling it to judgment. (Code Civ. Proc., § 437c(p)(1).) Once the plaintiff has made the required showing, the burden shifts to the defendant 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, 849‐850; Code Civ. Proc., § 437(c)(p)(1).) If the plaintiff does not make such a showing, summary judgment in...

Excerpt: ...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 petition activity is constitutionally protected, not all speech or petition activity is protected by the anti‐SLAPP statute. (Id. at p. 313.) To prevail on an anti‐SLAPP motion, the moving party must first make a prima facie showing that the claims ...

Excerpt: ...ant Data Ticket Inc and Defendant Steven Napolitano regarding their alleged violation of section 6155, and that that complaint is being investigated. The same allegations, which appear to be that Data Ticket and Napolitano are operating an illegal Lawyer Referral Service, form the basis of the instant complaint. {SAC ¶¶ 11‐13, 15‐18.} The complaint also alleges that Cathedral City is a “contractual client of Defendant Data Ticket” and t...

Excerpt: ...ght 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 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. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendan...

Excerpt: ...operty under the 2009 Family Court Judgment; that this will moot Cross‐Complainant's request for a declaration as to their respective ownership rights and partition; and therefore the cross‐complaint should be abated. Plaintiff misconstrues §430.30 (a). This special demurrer applies when the same claims are made between the same parties in a separate action—not where a compulsory cross‐complaint is brought related to the same subject mat...

Excerpt: ...g the Court to find the sanctions motion moot. Subsequently, Shack sought to “reinstate” his motion to vacate judgment, explaining to the Court that he had changed his mind and did not want to withdraw the motion, or that he was confused about the procedure for withdrawal. The Court explained to Shack that if it vacated its order finding the sanctions motion moot and reinstated his motion to vacate, that it would also reinstate the motion for...

Excerpt: ..., or in person, as it appears the issues before the Court in this Motion are capable of being resolved, or have already been resolved, without the need for Court intervention. After meeting and conferring, moving party shall, at least 10 days before the continued hearing date set above, do one of the following: (1) Vacate the hearing on the motion; or (2) File with the Court a joint declaration stating the means by which the parties met and confe...

Excerpt: ...t is inconsistent with the proposed pleading itself, attached as Exhibit A. For example, the motion states that the amended complaint includes a cause of action for “intentional interference with prospective economic relations,” and a cause of action for “negligent intentional interference with prospective economic relations”” (Motion p. 2) but Exhibit A does not include those causes of action, although it does include several causes of...

Excerpt: ...er to effect a voluntary corporate dissolution of Green Relief Inc. under Corporations Code section 1900 et seq. “The anti‐SLAPP statute, section 425.16, 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: ...elephone 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 their duty to meet and confer as required. The likelihood of a resolution is irrelevant. The California Legislature determined that the meet and confer process was sufficiently important that it be codified into law...

Excerpt: ...videntiary 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 sustained where a defendant...

Excerpt: ...thstand 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.) Generally, a pla...

Excerpt: ...specifically for expert Moshe Arditi, should not have been included. With that revision, the amount of costs sought are $2605, which include $495 in expert witness fees relating to Razo's defense. Plaintiffs move to strike all costs Page 3 of 4 on the basis that any cost award against the Plaintiffs is unjust. Plaintiffs also argue that the costs sought, particularly those for expert fees and for motion‐filing fees associated with unsuccessful ...

Excerpt: ...Code of Civil Procedure sections 128(a), 404.1 and 404.5 while Plaintiff moves to bifurcate and coordinate proceedings; the court is not aware of other proceedings beyond an appeal from the aforementioned judgment. This motion was originally set for hearing on January 14, 2022. On its own motion the Court continued the hearing because it appeared that the motion had not been properly served. The Court ordered Plaintiff to re‐serve the motion an...

Excerpt: ...t compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Code Civ. Proc., § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. Sta...

Excerpt: ...neth Bordewick aka Gerald Kenneth Bordewick, Robert Morrison, and 1801 Boulevard Holdings LLC from violating the HOA's restrictions and rules in the Governing Documents related to parking within the Association's gated walls. HOA has repeatedly demanded that Defendants comply with the Governing Documents, but Defendants have refused, causing a dangerous nuisance that prohibits emergency access within the Pintura community. The HOA Amended and Res...

Excerpt: ...re 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.) 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 m...

Excerpt: ...000, the amount of fees, $165,637.50, and costs, $3,843.22, requested is inherently unreasonable. The Court disagrees and awards all requested attorneys' fees and costs. A party who qualifies for a fee award should recover for all hours reasonably spent including those spent on fee related matters unless special circumstances would render an award unjust. (Serrano v. Unruh (1982) 32 Cal.3d 621, 633‐634.) A verified fee bill is prima facie evide...

Excerpt: ...t seek injunctive relief because there is an adequate remedy at law. 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 Page 6 of 6 eventually form part of the plaintiff's proof need not be alleged. (C.A. v....

Excerpt: ...accident, January 5, 2019, Plaintiff's right arm became entangled in hundreds of pounds of damp bedsheets that were still spinning with the drum of the L‐Tron washer/extractor (Plaintiff claims that sheets were rotating outside of the drum). (Jensen UMF, ¶ 26; Softrol UMF, ¶ 24.) A co‐worker pushed and held down the emergency stop button to stop the drum from spinning; however, Plaintiff's coworkers were unable to extract him from the tangl...

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...

Excerpt: ...ct 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 sustained where a defendant cannot reaso...

Excerpt: ...n the building, Metabolic Solutions. Cook Street moves for summary judgment arguing that it cannot be held liable for actions taken by Hugh Hoard, and that it did not have notice that the Hugh Hoard truck was causing an alleged dangerous condition before Steiner fell. 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...