Excerpt: ... Amended Petition under Code of Civil Procedure section 430.10. The demurrer asserts that: (1) All causes of action in the Petition are uncertain (Code Civ. Proc. § 430.10(f)); (2) the Petition fails to state facts constituting a cause of action (Code Civ. Proc. § 430.10(e)); (3) as to Claims 1, 3, 4, 6, and 7 the Petition is uncertain and fails to comply with Rules of Court, rule 2.112; (4) Claim 9 is barred by the statute of limitations in Co...

Excerpt: ... of Section H of the Class Action Case Management Order, filed December 21, 2020. Specifically, Plaintiffs have failed to comply with all of the following sections: H(1)(b); 3(a)(ii)(B); 3(a)(iii)(A)&(D); 3(c)(ii)(C); 3(c)(iii)(A)&(B); 3(j)(i)&(ii); 3(k); 4(c); 4(d); 4(e); 4(f); 4(i); 5(c); and 9(b)(ii)&(iii). Plaintiffs' counsel has not: submitted to the Court a fully executed version of the Settlement Agreement; filed a form CM‐200; provided ...

Excerpt: ... that a person could reasonably be expected to see it, the condition itself serves as a warning, and the landowner is under no further duty to warn of the condition. (Zuniga v. Cherry Avenue Auction, Inc. (2021) 61 Cal.App.5th 980, 993‐94 [quoting Jacobs v. Coldwell Banker Residential Brokerage Co. (2017) 14 Cal.App.5th 438, 447, 221]; Kinsman v. Unocal Corp. (2006) 37 Cal.4th 659, 673.) Although the obviousness of a danger may preclude a duty ...

Excerpt: ... in part, by the negligence of Cross‐Defendants, TRAVIS KENDRICK ALEXIS; U‐HAUL CIMOANY OF Page 5 of 5 ARIZONA; ROEHL LEASING, INC; ROEHL TRANSPORT, INC.; and ROES 1 to 5‐, inclusive.” It also alleges Roehl Leasing and Roehl Transport were owners of the motor vehicle operated by Alexis and that the vehicle was operated with their permission. It further alleges that they were agents and employees of other defendants. No other specific fact...

Excerpt: ...that stipulation and order, which provided: IT IS HEREBY ORDERED: 1. Defendants Raymond Nicolas Lus and Ellen Gail Lus ("Defendants") shall provide Plaintiff Palm Desert Golf Ventures, LLC ("Plaintiff') with the combination of the lock to the gate closing the alleged golf course easement which Plaintiff alleges burdens Defendants' property at 46095 Burroweed Lane, Palm Desert, California hereinafter, the "Pathway"), so as to allow Plaintiff to lo...

Excerpt: ...laced there, by Plaintiff. “A petition to compel arbitration ‘“is in essence a suit in equity to compel specific performance of a contract.”'” (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 411 (“Rosenthal”) quoting Spear v. California State Auto. Assn. (1992) 2 Cal.4th 1035, 1040.) “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrat...

Excerpt: ...cing when it was served on Defendants or demonstrating that it was served in compliance with Code of Civil Procedure section 1005, subdivision (b). Additionally, the motion is not supported by an affidavit/declaration explaining “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc., § 1008(a).) Rather, Pla...

Excerpt: ...no are not supported by authority. The Court rejects Petitioner's assertion that the demurrer is untimely. The demurer need not have been filed until 30 days after the administrative record was lodged, and the record has not yet been lodged. (Code Civ. Proc., § 1089.5; see also McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 281.) Even if the Court could find the demurrer was untimely, the Court would exercise its discretion to cons...

Excerpt: ...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 determine what issu...

Excerpt: ... two separate legal actions: (1) a temporary restraining order proceeding filed by Sangha against Schrader in Sangha v. Schrader, Case No. DVIN2002791, Riverside Superior Court (the "2020 DV Action"), and (2) an adversary proceeding filed by Schrader against Sangha in Schrader v. Sangha, Adv. No. 6: 13‐ ap‐ 01171‐ 19 MH, U.S. Bankruptcy Court, Central District of California, Riverside Division (the "2013 AP"). Sangha alleges all causes of a...

Excerpt: ...l.4th 394, 411 (“Rosenthal”) quoting Spear v. California State Auto. Assn. (1992) 2 Cal.4th 1035, 1040.) “[W]hen a petition to compel arbitration 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 prer...

Excerpt: ... 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 determine what issues m...

Excerpt: ...credit, secured by deed of trust on the property, obtained in 2004 and modified in 2005 is not subject to collection because Southland, successor to the lender, did not attempt to collect any unpaid balance, which has been accruing since payments ceased in 2010. These facts do not support any of the causes of action asserted. The pertinent allegations in the TACC are as follows: • Cross‐Defendant SOUTHLAND CREDIT UNION is the successor by mer...

Excerpt: ... and operated the vehicle driven by plaintiff that became disabled on the highway. Plaintiffs allege these defendant's [sic.] held independent obligations to the deceased (dual capacity).” The complaint also alleges that decedent Brugger “was driving a Freightliner owned, maintained, and operated by Defendants Roehl Leasing LLC, a Wisconsin limited liability company; Roehl Transport, Inc., a Wisconsin corporation.” The complaint further all...

Excerpt: ... that none states sufficient facts to constitute a cause of action. The first cause of action as against demurring defendants GGMP Veterans and Montoya is 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) t...

Excerpt: ... 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 based on a statute of limitations will not lie where the action may be, but is not necessarily, barred. [Citation.] In order for the bar … to be ...

Excerpt: ...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.” (Doe v. City ...

Excerpt: ...wsuits between Dawodu and Pisciuneri, including an unlawful detainer action brought to evict Pisciuneri (PSC 2004735). That action resulted in a judgment in favor of Pisciuneri. The moving Defendants are lawyers/law firms that represented Pisciuneri in the unlawful detainer action. Pisciuneri also filed an application for a restraining order against Dawodu (PSC2005090). That application was denied. Moving defendants assert that their conduct is p...

Excerpt: ...details of Schlange's case are not at issue in this case. Instead, Plaintiff asserts that she was wrongfully terminated or retaliated against, among other things, because she facilitated investigation of Schlange's complaint or opposed attempts by others at the City, including Hagerman, to obstruct the investigation. The City asserts that Page 3 of 4 everything Gandara said or did is protected by the attorney‐client or work‐product privilege,...

Excerpt: ...fs and had a duty to control or supervise Defendant Moncada, who is accused of sexually assaulting Plaintiffs. The allegations are also that Does were agents of other named defendants. Does 11 and 12 are named in causes of action three and four, for fraud/misrepresentation or fraud/negligent misrepresentation. In pertinent part the allegations as to these causes of action are: • Defendants PSUSD and DOES 11‐ 20 knew or strongly suspected that...

Excerpt: ...aud/false promise‐implied in fact agreement). These causes of action have been reviewed by the Court in several previous demurrers filed by other parties in this action. The first through fourth causes of action still are not sufficiently pleaded and have not addressed problems previously identified by the Court in its prior rulings. The Second Amended Complaint fails to clearly set forth what agreements existed between GGMP Veterans/Montoya an...

Excerpt: ...three‐piece fountain in Kellogg's patio causing a portion of the fountain to fall onto Kellogg injuring his leg, ankle and foot. In fact, it is undisputed that two San‐Val employees assisted Kellogg by picking up a fountain at his property and subsequently assisting him to install a new fountain that he purchased. San‐Val's motion is based upon the undisputed claim that Hernandez and Alvarez, the two San‐Val employees who assisted Kellogg...

Excerpt: ...ause Hyundai offered to repurchase the car prior to the time the lawsuit was filed that the amount owed to her was definite and calculated. Alternatively, she asserts this Court should award prejudgment interest in its discretion, under Section 3287, subdivision (b). The Court disagrees and finds that Griffith has failed to demonstrate that her damages were “certain or capable of being made certain by calculation” prior issuance of a jury ver...

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: ...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: ...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: ... 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: ...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: ...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: ...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...

Excerpt: ... (2) Participating in Breach Of Fiduciary Duty by Trustee for Attorney's Personal Gain; (3) Intentional Misrepresentation of Material Fact Regrading Trust; (4) Negligent Misrepresentation of Material Fact Regrading Trust; (5) Civil Conspiracy with subornation of Perjury by Attorney Barton as a Key Factor; (6) Receipt by Attorney of Trust Funds in Breach of Duty to Plaintiffs; (7) Violation of Unruh Civil Rights Act by Martha A. Sanford; and (8) A...

Excerpt: ...n, that there is no merit to an affirmative defense as to any cause of action, [or] that there is no merit to a claim for damages. . .” (Code Civ. Proc., § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Ibid.) The abovedescribed burden‐shifting framework applies to a motion for summary adjudication ju...