Excerpt: ... of the Second Amended Cross- Complaint is sustained with 20 days leave to amend. Page 6 of 11 Plaintiff/Cross -Defendant Robert Marquez's Demurrer as to the seventh (breach of fiduciary duty) and eighth (unfair business practices) causes of action of the Second Amended Cr oss-Complaint is overruled. Plaintiff/Cross - Defendant's Unopposed Motion to Strike is granted. A general demurrer lies where the pleading does not state facts sufficient to ...

Excerpt: ...owing: (1) The org anization of the limited liability company, its internal affairs, and the authority of its members and managers.” This recognizes the internal affairs doctrine, which was originally created in response to corporations. As explained by one court, ‘The int ernal affairs doctrine is a conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation's internal affairs —m...

Excerpt: ...ble within 30 d ays. Where a response to a request for documents has been made, which is unsatisfactory, the demanding party may move to compel further responses on 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.” (C.C.P. §2031.310(a).) The moving part...

Excerpt: ...emurrer to the 3rd cause of action for fraud is sustained as to CrossDefendant Sarnowski, only, with leave to amend within 20 days. As to the remainder of the demurrer to the fraud cause of action, it is overruled. Responsive Pleadings must be filed 30 days from this or der. Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Cross -Defendants request that the Court take judicial notice of 17 documents. These documents include variou...

Excerpt: ...e of motion must state in the opening paragraph the nature of the of the order being and the grounds for issuance of the order. “A basic principle of motion practice is that the moving party must specify for the court and the opposing party the grounds upon which that party seeks relief… As a general rule, the trial court may consider only the grounds stated in the notice of motion.” (Luri v. Greenwald (2003) 107 Cal. App. 4th 1119, 1125.) ...

Excerpt: ...ertain specifie d terms and conditions. (CCP § 2025.420 (b)(1), (9), (10).) The motion must be accompanied by a meet and confer declaration. (CCP § 2025.420(a).) A party seeking a protective order must show good cause for issuance of the order by a preponderance of the ev idence. (Stadish v. Sup. Ct. (Southern Calif. Gas Co.) (1999)71 Cal.App.4th 1130, 1144.) The issue in the present case involves the priority of expert discovery. While there ...

Excerpt: ...e substantial danger of inconsistent adjudications (i.e., different results because tried before different juries, or a judge and jury, etc.). [See Todd -Stenberg v. Dalkon Shield Claimants Trust (1996) 48 CA4th 976, 978- 979, 56 CR2d 16, 17-18] By statute, “(w)hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all of the matters in issue in the actions; it may or...

Excerpt: ...te from the court compelling the city to initiate and pay for an independent audit. (Petition, ¶24.) In the second cause of action petitioner seeks a writ compelling annual public reports of the management, accounting, and expenditures of development impact fees. (Petition, ¶29.). The third cause of action seeks a writ compelling the City to make five -year findings under section 66001(d). (Petition, ¶34.). The fourth cause of action is for ...

Excerpt: ...he action, without waiting for trial. (See CCP § 512.010 et seq.; Am. Mach. & Foundy Co. v. Pitchess (1968) 262 Cal.App.2d 490, 493.) To obtain a writ of possession, the plaintiff must file an application under oath and must include all of the following: (1) the basis of the plaintiff's claim that it is entitled to possession; (2) a showing that the property is wrongfully detained and of the manner in which defendant came into possession; (3) a...

Excerpt: ...sentation of i nability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP §2031.310(a).) CCP §2031.240(b)(1) provides that if a responding party objects to a demand that they “shall” “[i]dentify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being m...

Excerpt: ...ave to Amen d within 20 days. While Defendant demurs to the 2nd cause of action, it is not asserted against her —only Corona Regional. The only cause of action asserted against her is the constructive fraud claim. “Constructive fraud ‘arises on a breach of duty by one in a confidential or fiduciary relationship to another which induces justifiable reliance by the latter to his prejudice.' Actual reliance and causation of injury must be s...

Excerpt: ...d by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” The parties agree Plaintiff is the prevailing party. Page 8 of 10 At issue in this motion is the reasonableness of Plaintiff's request. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 10...

Excerpt: ...ondence. Judicia l notice of the SOI is appropriate under Evid. Code § 452(c). (Gigax v. Ralston Purina Co. (1982) 136 Cal.App.3d 591, 602, n. 6; Pedus Building Services, Inc. v. Allen (2002) 96 Cal.App.4th 152, 156, n. 2.) Judicial notice of court records, including the p roof of service, is proper under Evid. Code § 452(d). However, the invoices and letter are reasonably subject to dispute and not appropriate for judicial notice. Accordingly,...

Excerpt: ...o. § 128.7( a).) An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party. (Ibid.) Contrary to Noyes' contention, the Notice of Motion on file with the Court is signed by K elly. Likewise, the Memorandum of Points and Authorities and Declaration are signed under penalty of perjury. Accordingly, it appears that Kelly complied with the requirements of S...

Excerpt: ...nd meet and confe r correspondence. Judicial notice of the SOI is appropriate under Evid. Code § 452(c). (Gigax v. Ralston Purina Co. (1982) 136 Cal.App.3d 591, 602, n. 6; Pedus Building Services, Inc. v. Allen (2002) 96 Cal.App.4th 152, 156, n. 2.) Judicial notice of court records, including the proof of service, is proper under Evid. Code § 452(d). However, the invoices and letter are reasonably subject to dispute and not appropriate for judi...

Excerpt: ...se after tria l against the PC and now seeks to amend the judgment to add Gurvits individually. CCP § 187 “grants to every court the power to use all means to carry its jurisdiction into effect, even if those processes are not set out in the code.” (McClellan v. Northri dge Park Townhome Owners Ass'n (2001) 89 Cal.App.4th 746, 752.) This statute has been interpreted to give a trial court the jurisdiction to modify a judgment to add additiona...

Excerpt: ...54 Cal.App.4th 918, 924. “The trial court has jurisdiction to award them, regardless of the lack of specific instructions in the opinion or the remittitur.” Id. When authorized by statute, contract, or law, reasonable attorney's fees are allowed as costs. CCP § 1033.5(a)(10) (A), (B), and (C). Under Civil Code §1717(a), “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are inc...

Excerpt: ...ing lack of, or improper service of, the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) “[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendan t who was not served with a summons in the manner prescribed by statute is void.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444 (internal citations omitted...

Excerpt: ...or that there i s a complete defense to that cause of action. (CCP §437c(p)(2).) Once the defendant (or cross- defendant) has met that burden, it shifts to plaintiff (or crosscomplainant) to show that a triable issue of one or more material facts exists as to that cause o f action or defense thereto. (CCP §437c(p)(2).) The moving party has met its initial burden regardless of whether the opposing party files counter -declarations. (Aguilar v. ...

Excerpt: ...whole and a ll of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, an d of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions,...

Excerpt: ..., modifying i t, or directing compliance with it upon those terms and conditions as the court may declare, including protective orders.” (Code Civ. Proc., §1987.1(a).) Also, the court may make any other order as may be appropriate to protect the parties, the witness, or the employee from “unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., §1987.1(a).) Either the ...

Excerpt: ...o amend. T he Motion to Strike is denied as moot. REQUEST FOR JUDICIAL NOTICE Ticor's request that the court take judicial notice of the Substitution of Trustee and Full Reconveyance, document no. 2023 - 024390, recorded 8/18/23, is denied. While the court may certainly take judicial notice of the recorded document [Evid. Code § 452], the material will not aid the court in the resolution of the present demurrer. (See Aquila v. Superior Court (20...

Excerpt: ...310(b)(2).) The purpose of the meet and confer requirement is to make the parties reexamine their positions, and to narrow their discovery disputes to the irreducible minimum, before calling upon the court to resolve the matter. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016-17.) The factors in determining whether a party made a “reasonable” and “good faith” attempt to resolve the issues informally may include ...

Excerpt: ...ave been properly pleaded, o acts which may be inerred rom those expressly pleaded, and o any material acts o which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions o act or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) Facts appearing in exhibits attached to the complaint will also be accepted as ...

Excerpt: ... it Þnds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the agreement; or litigation is pending that may render the arbitration unnecessary or create conßicting rulings on common issues. (CCP § 1281.2; 9 USC § 2.) A proceeding to compel arbitration is in essence a suit in equity to compel speciÞc performance of a contract. (Freeman v. State Farm Mutual Auto Insuranc...