Excerpt: ... 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 of Los Angeles (2007) 4...

Excerpt: ... interest through December 1, 2020 for a total of $123,242. As part of these collection efforts, Escobar has applied for an order allowing the dwelling at 67864 Via Estrella, in Cathedral City, to be sold under Code of Civil Procedure section 704.750. The property was owned by Matthews but appears to have been transferred to a corporate entity, A2Z Investment Group LLC. Matthews is the managing partner of the LLC. The first transfer deed was reco...

Excerpt: ...ues before the Court in this Motion are capable of being resolved, or have already partially been resolved, without the need for Court intervention. Failure to meet and confer in good faith may result in sanctions, in addition to the sanctions requested in the motion. 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. To assist the parties in thei...

Excerpt: ...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, CrossDefendants neglected their duty to meet and confer as required. It may well be, as CrossDefendants' counsel suggests, that a meet and confer will not resolve this demurrer. The likelihood of a resolution is, however, irrelevant. The California Legislature determin...

Excerpt: ...ions regarding Hendrix and other employees at any of their properties. Any similar acts of sexual impropriety by any employee before or after Plaintiff's incident are discoverable under Lopez v. Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566 and similar cases. Defendants rely on boilerplate objections that fail to comply with the requirements set forth in Code of Civil Procedure section 2031.240. The motion is gra...

Excerpt: ... issue in this demurrer. In relation to demurring Defendant Aceves, the First Amended Complaint alleges that she was Plaintiff's employer, manager, corporate agent, and supervisor and, on information and believe, that Aceves dictated Plaintiff's compensation and participated in hiring and firing Plaintiff. It alleges that Aceves controlled Plaintiff's work and set corporate policies and that Plaintiff believed that Aceves was her employer. Plaint...

Excerpt: ... 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 arise from the defendant's exercise of free speech or petit...

Excerpt: ...laintiff Sears generally alleges that Defendant Fort CRE fraudulently and wrongfully refused to complete the sale of certain assets, including a senior loan and deed in lieu of foreclosure, for the Colony Palms Hotel. Sears was interested in buying a senior lien on the hotel property being sold at auction through Fort CRE's broker, Debt Exchange. Sears did not enter a bid at the auction that took place July 23, 2020. But after the action, Sears l...

Excerpt: ...arty establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of 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 of Civ. Proc., § 437c; Cucuzza v. City of Santa...

Excerpt: ...a)(1), 576; Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) But proposed amendments seeking to add new or different claims or causes of action should not be permitted if they seek to add causes of action that are not sufficiently pleaded. (Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 652.) The Court finds moving party has demonstrated a valid basis to add TFS as Doe 1 and to amend the complaint to include causes o...

Excerpt: ... CSD move for judgment on the pleadings as to the remaining causes of action in the Second Amended Cross Complaint. The first cause of action for defamation is sufficiently pleaded and the Court rejects the arguments by moving party that on the face of the operative cross complaint it is evident that the statements are unpublished “opinion” that are insufficiently alleged, protected by the litigation privilege or not “of and concerning” V...

Excerpt: ...esirability of the property; (2) Defendant's knowledge of such facts and of their being unknown to or beyond the reach of the plaintiff; (3) Defendant's intention to induce action by the plaintiff; (4) Inducement of the plaintiff to act by reason of the nondisclosure and (5) Resulting damages. [Citations.]” (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 738.) With respect to the sixth cause of action, Plaintiff has failed to adequately plead mis...

Excerpt: ... such that liability and damages be bifurcated. The Court grants the motion only as to “design immunity,” and will reserve ruling on any of the other issues raised in the motion until conclusion of the design immunity bench trial. “A major objective of bifurcated trials is to expedite and simplify the presentation of evidence.” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 888.) “[T]he court may, when the convenience of witnesse...

Excerpt: ...stay orders from the United States District Court for the Western District of Texas San Antonio Division in Case No.18‐CV‐462. Receiver's motion to intervene is made under Code of Civil Procedure section 387, subdivisions (d)(1) and (d)(2). In its proposed complaint in intervention, the Receiver seeks a declaration from this Court finding that (1) ISI has not breached a sub‐subcontract construction agreement between ISI and Plaintiff Budget...

Excerpt: ...uses of action as they related to damages sought by Nationwide and denied summary adjudication as to the first through forth causes of action in the First Amended Cross Complaint as they related to Government Code section 835 damages, sought by Sun World. In this motion, Woodspur seeks summary judgment, or adjudication as to IID's first through fourth causes of action as they relate to Government Code section 835 damages sought by Sun World. As t...

Excerpt: ...ues identified by the Court in its order sustaining, in part, the last demurrer. The First Amended Complaint alleges, among other things: • Defendant knew of the bed bugs in the unit before it was rented to Plaintiffs, but the information was not shared with Plaintiffs. • Plaintiffs complained about the bed bugs to Linda the manager within a few days of moving into the unit. • Defendant ineffectively treated the unit on 2/8/18, 2/15/18 and ...

Excerpt: ...ues identified by the Court in its order sustaining, in part, the last demurrer. The First Amended Complaint alleges, among other things: • Defendant knew of the bed bugs in the unit before it was rented to Plaintiffs, but the information was not shared with Plaintiffs. • Plaintiffs complained about the bed bugs to Linda the manager within a few days of moving into the unit. • Defendant ineffectively treated the unit on 2/8/18, 2/15/18 and ...

Excerpt: ...The First Amended Complaint appears to allege that abandoned cannabis plants were “personal property” assigned in some fashion by Go‐Green and GGMP Veterans. But the pleading does not contain allegations that Coachillin assigned or otherwise conveyed any interest in the plants to Plaintiff or any named Page 3 of 5 defendant. It is not clear how Plaintiff or any party to this action came to claim rights to title or interest in the plants suc...

Excerpt: ...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 arbitrate the controversy, the court itself must determine...

Excerpt: ...tion 916 and the actions are barred by the statute of limitations under Civil Code section 896. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code of 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...

Excerpt: ...al neglect.” (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) A claim of “neglect” by a 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 would ordinarily be capable of managing without assistance, wh...

Excerpt: ...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 malice, oppression or fraud. “‘Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried o...

Excerpt: ...ree causes of action in the Third Amended Complaint, for breach of oral contract, promissory estoppel, and constructive trust. Aside from arguing that these causes of action are insufficiently pleaded, Wiese argues that the oral promises at the heart of the pleadings are covered by the statute of frauds and are, on their face, barred by the applicable statute of limitations. The Court agrees. It also finds that the new set of promises alleged in ...

Excerpt: ... of 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 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 ...

Excerpt: ...anguage.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that Page 4 of 5 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.” (D...

Excerpt: ...on for (1) Trade Libel, (2) Tortious Interference with Business Relations, and (4) Conspiracy. The Complaint alleges that Defendant Melissa Swauger along with her parents, moving Defendants Cathleen and Michael Marmon, harassed JLS and its clients, by discrediting JLS's director and sole shareholder Jonathan Swauger, who is Melissa Swauger's ex‐husband. According to JLS, this harassment ruined JLS's reputation and caused it to lose business. Mo...

Excerpt: ...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 necessary “to acquaint a defendant with the...

Excerpt: ...n 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 necessary “to acquaint a defendant with the nature, source and extent of his c...

Excerpt: ...l claim is that the Association Board violated the governing documents and breached its fiduciary duty when it jettisoned an existing common area deferred maintenance schedule in favor of completing repairs and deferred maintenance quickly, and that these repairs were paid for using proceeds from a substantial loan taken out on behalf of the Association. Plaintiffs assert that the loan was not properly approved, that the Board had an obligation t...

Excerpt: ...Id. at p. 387; Cal Sierra Const., Inc. v. Comerica Bank (2012) 206 Cal.App.4th 841, 845.) The inquiry into probable validity does not go to the ultimate merits of the case but “to whether the contractor should be entitled to retain the security of the mechanic's lien… pending resolution of the matter.” (Id. at p. 850.) In essence, “[a]n assessment of the probability of prevailing on the claim looks to trial, and the evidence that will be ...

Excerpt: ...one Velma Frothingham to Defendant Bartolini in March 2019, more than seven years after Frothingham's death. Bartolini sold the property to NCEM, which alleges in its CrossComplaint that Rivera negligently represented that Frothingham appeared before her and executed the Grant Deed, when she knew or should have known that Frothingham did not personally appear before her. The Cross‐Complaint alleges that Rivera negligently performed her duties a...

Excerpt: ...se 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 necessary “to acquaint a defendant with the nature, source and e...

Excerpt: ...and breach of governing documents, but it did not eliminate all portions of those causes of action, substantial portions of which remain. The Flanagans now move for attorneys' fees and costs under the antiSLAPP statute. “The party prevailing on a special motion to strike may seek an attorney fee award through three different avenues: simultaneously with litigating the special motion to strike; by a subsequent noticed motion…; or as part of a ...

Excerpt: ... reference agreement exists between the parties: (a) To hear and determine any and all of the issues in an action or proceeding, whether of fact or of law, and to report a statement of decision. (b) To ascertain a fact necessary to enable the court to determine an action or proceeding.” (Code of Civil Procedure § 638.) Section 9.2 of Plaintiff's employment agreement included the following language: Dispute Resolution. In the event of any contr...

Excerpt: ...ition to the summary judgment. While it is true the motion may have been continued several times while the court was closed due to the coronavirus pandemic, eventually the hearing on the motion for summary judgment was vacated by a general order issued by the Presiding Judge of this court, which order vacated all law and motion hearings. The Court will not detail here the numerous implementation and general orders issued between March 17, 2020 an...

Excerpt: ...of process, respectively. Defendants assert that these causes of action are barred under Government Code section 821.6, which states: “A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.” The immunity conferred by Government Code section 821.6 is construed broadly and “in furth...

Excerpt: ...tled. The Court denies the motion and the request by Plaintiffs for sanctions. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied certification as to its legal and factual merit, and a violation of this implied certification subjects the attorney and/or party to sanctions. (Code Civ. Proc., §128.7; Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619,623; see also Code C...

Excerpt: ...of 5 Code section 1102.5, (2) disability discrimination, (3) failure to engage in the interactive process, (4) failure to accommodate, (5) disability harassment, (6) failure to prevent discrimination and retaliation, and (7) intentional infliction of emotional distress. According to Ross, the relevant facts are that: (1) he was retaliated against when he repeatedly raised issues and concerns as to whether the evidence in the Robert Wayne Parker m...

Excerpt: ...regarding res judicata is that Plaintiff Linn previously litigated all of the issues in this case in case PSC1405184. A request for judicial notice filed in support of the motion contains an unfiled, unsigned, and undated document purporting to be a “fourth amended complaint” by Plaintiff and the entity International Apparel in that case. This document is not part of the Court's record and not subject to judicial notice. Furthermore, as point...

Excerpt: ...rom a dangerous condition of public property. In its demurrer, the County argues that Second Amended Complaint fails to state facts sufficient to constitute a cause of action against the County for a dangerous condition of public property because the County did not have a legal duty to close Box Canyon Road or to warn of the possibility of flooding in anticipation of an approaching storm/hurricane. In addition, the County asserts that the operati...

Excerpt: ... Cal.App.4th 1253, 1255.) Here, the motion seeks to strike punitive damages allegations from the First Amended 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 t...

Excerpt: ...ating Plaintiff at the jail). A court may allow the amendment of any pleading, at any time, in furtherance of justice. (Code Civ. Proc., §§ 473(a)(1), 576.) Although there is a policy favoring leave to amend, it should be denied where it will be meaningfully prejudicial to an opposing party or where a party has inexcusably delayed in seeking leave. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) A court may permit an amendment to a ple...

Excerpt: ...tuting 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 Page 7 of 8 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 wi...

Excerpt: ...stop discrimination and harassment) causes of action in the First Amended Complaint. The First Amended Complaint alleges, in pertinent part: • Plaintiff Funkhouser was hired by Defendant Desert Sands Unified School District in August of 2010 as an English teacher. • Funkhouser started experiencing urological issues, including frequent and painful urination. After examination, Dr. Faulkner concluded that these urological issues would be a perm...

Excerpt: ...ial date was vacated by general orders issued by the Presiding Judge of this Court as a result of pandemic‐related partial court closures. After re‐opening, civil departments began accepting new motions on June 1, 2020. At issue here is what DRMC has entitled an “amended petition” to compel, which was not filed until September 10, 2020. DRMC has actually been litigating this matter outside of arbitration since 2016, when named Respondent ...

Excerpt: ...ed Plaintiff for having leased the Subject Properties to them which was on Native American land, and were filled with anger, hatred and ill will towards Plaintiff. As part of such intentional malice, and with the intent to vex, injure, annoy Plaintiff, and/or with a conscious disregard of Plaintiffs rights, Defendants stole Plaintiffs property, damaged Plaintiffs property, and vandalized Plaintiff's property in a purposeful attempt to cause monet...

Excerpt: ... in the complaint and that it, and not Aspects, Inc. contracted for and performed all of the work at issue. The motion also asserts that Aspects, Inc. did not comply with the legal prerequisites to bring an action on a stop notice release bond or payment bond. Triable issues of material fact exist as to these issues and preclude summary judgment or adjudication. Summary judgment is granted when a moving party establishes the right to entry of jud...

Excerpt: ...cts showing a unity of interest between Arbid and Power Brokers to show a unity of interest between the two and alleged that injustice would result if they were considered wholly separate. 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, ...

Excerpt: ...sation insurance company) initial decision finding Clausman's injuries were not work related. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of 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 ...

Excerpt: ... action for conspiracy or tortious interference with contractual relationship. Plaintiff contends that the cause of action was erroneously titled and that it seeks to recover for conspiracy or, alternatively, for tortious interference with the Settlement Agreement and the Lease, neither of which demurring Defendants are party to. “Conspiracy is not a cause of action, but a legal doctrine that imposes liability on persons who, although not actua...