Excerpt: ... it can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879.) Plaintiffs have not met their burden ‐ Motion for discovery of financial condition ‐ Denied Civil Code §3295(c) provides that “[n]o pretrial discovery by the plaintiff shall be permitted with respect to evidence” of the defendant's ...

Excerpt: ...on for summary judgment shall be granted when no triable issue of material fact exists or the issue is one of law and the action can be terminated in favor of the moving party without the necessity of trial. (CCP § 437c; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850). A defendant has met his or her burden under CCP §437c(p)(2) of showing a cause of action has no merit if that party has shown that one or more of the elements of th...

Excerpt: ...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. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, 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. (A...

Excerpt: ...sustained. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) ...

Excerpt: ...a public use.” (CCP §1240.010.) A public entity may exercise the power of eminent domain if: “(a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project.” (CCP §1240.030.) A public entity exercises the power of eminent domain by adop...

Excerpt: ...93 Cal.App.3d 1553, 1560.) The jury typically will first determine the amount of the award, which “is then reviewed by the trial and appellate courts to ensure that it is reasonable.” (Pacific Mutual Life Ins. Co. v. Haslip (1991) 499 U.S. 1, 15 In BMW of North America v. Gore (1996) 517 U.S. 559, 563‐565, a consumer who had purchased a new vehicle but later learned it had been repainted obtained a jury verdict of $4,000 in compensatory dam...

Excerpt: ...ainst whom a complaint has been filed and serve fails to allege in a cross‐complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any action assert against the plaintiff the related cause of action not pleaded.” “The compulsory cross‐complaint statute is designed to prevent ‘piecemeal litigation.' “ (Heshejin v. Rostami (2020) 54 C...

Excerpt: ...alia Defendants' RJN in support of their Special Motion to Strike filed on November 8, 2021; and (3) The Scalia Defendants' evidence in support of the Special Motion to Strike filed on November 8, 2021. The request also includes the following: “In its concurrently filed Special Motion to Strike, Sacor also incorporates by reference, all exhibits in the Scalia Defendants' Request for Judicial Notice and the Declarations of Joseph W. Scalia and J...