Excerpt: ...valuatng 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.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) If judicially noticeable records disclose ...

Excerpt: ... or cause delay and increase costs of litigation; 2) the claims are warranted under existing law or a nonfrivolous argument for the extension of existing law; and 3) the allegations have evidentiary support. (Cal. Code Civ. Pro. S 128.7(b).) "Under both Code of Civil Procedure section 128.7 and [Federal Rule of Civ. Proc.1 11, there are basically three types of submitted papers that warrant sanctions: factually frivolous (not well grounded in fac...

Excerpt: ... 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 achon stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is ...

Excerpt: ... the Agenda Packet for the 5/29/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 4— Minutes of the 5/29/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 5 — Excerpts from the Agenda Packet for the 7/7/2015, the RUSD Operations Board Subcommittee Meeting • Exhibit 6 — Excerpts from the Agenda Packet for the 11/16/2015, the RUSD School Board Study Session • Exhibit 7 Excerpts from the Agenda Packet for the ...

Excerpt: ...ty may depose an entity's person most knowledgeable on a particular topic. The deposition notice must describe "with reasonable particularity the matters on which examination is requested." (CCP S 2025.230.) The deponent must "designate and produce at the deposition those of its offcers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or re...

Excerpt: ...q).) Defendant submits objections to portions of Greer and Dr. Bresler's declarations. As to the Greer declaration, the Court sustains objection nos. 1-2 as hearsay and nos. 3-5 for lack of foundation and improper expert opinion. As to the declaration of Dr. Bresler, the Court sustains objection no. 1 as hearsay and no. 2 as hearsay, lack of foundation and improper expert opinion. Summary judgment is granted when a moving party establishes the ri...

Excerpt: ...oss-defendant Dudek's Demurrer as to the first cause of action for breach of contract on the ground the pleading is uncertain is sustained with leave to amend within 20 days. Motion to Strike is moot. A demurrer also lies where the pleading does not state facts suffcient to constitute a cause of achon. (Code Civ. Proc., S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and al...

Excerpt: ...of his motion to strike Western Surety Company's demurrer and motion to strike as sham pleadings, Plaintiff requests judicial notice of the following documents: 1. A letter, dated October 10, 2023, demanding an investigation, arrests, prosecutions, and indictments, sent to the FBI and the Riverside DA's Office; 2. CM/ECF Guide for Entering Party Names, united States Northern District Court of Indiana; 3. Riverside Superior Court Register of Actio...

Excerpt: ...murrer to the 2nd Amended Cross-complaint is stricken. Where a demurrer was overruled as to certain causes of action, the trial judge cannot subsequently rule on a demurrer on the same causes of action because the court is "foreclosed from rendering a new determination on the viability of those claims" without a properly filed motion for reconsideration under Code of Civil Procedure secton 1008. (Bennett v. Suncloud (1997) 56 Cal.App.4th 91, 96-9...

Excerpt: ... of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." (Ibid.) "The difference between judicial and clerical error rests not upon the party committing the error, but rather on whether it was the deliberate result of judicial reasoning and d...

Excerpt: ...as made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case." (M.C.A. v. State of California, (1982) 128 Cal.App.3d 225, 232-33.) The Subpoena at issue here requests: REQEST NO. 1- All notes, records, memorandums, witness statements, and documents relating to Tasceaie Churchwell, Brenda Chavez, Vanessa Chavez, Griselda Revollo, and Odette Dawn Cilluffo. REQEST NO. 2- All no...

Excerpt: ...as to the 1st Cause of Action is sustained with Leave to Amend within 20 days. Page 5 of 5 DEPENDENT ADULT ABUSE Abuse of an elder or a dependent adult means any of the following: (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental...

Excerpt: ...the cause of action for dangerous condition on public property (Gov. Code, #810 et seq.) under the doctrine of primary assumption risk. Once the burden shifted to Plaintiff, she failed to meet her burden of producing evidence to show that a triable issue of one or more material facts exists as to the City's defense. EVIDENTIARY OBJECTIONS TO THE DECLARATION OF BRAD P. AVRIT: Overrules as to #1 Sustained as to #'s 2-7 "A defendant moving for summa...

Excerpt: ...laim for damages must be presented to the public entity within six months of the date the cause of action accrued. (Gov. Code S 911.2.) If a plaintiff fails to file a government claim within the six- month period, he or she may apply to the public entity for permission to file a late claim. (Gov. Code S 911.4.) Such an application must be presented within a reasonable time, and not later than one year after the accrual of the cause of action. (Go...

Excerpt: ...merit as Plaintiff cannot establish the element that DGSA was an owner, lessor, manager, or possessor with any control to place any safety barriers to protect spectators of the softball field. Defendant also met its initial burden of producing evidence to show that it has a complete defense to the cause of action for premises liability under the doctrine of primary assumption risk and exculpation provisions contained within the waiver contract si...

Excerpt: ...c Policy is denied; as to the 6th Cause of Acton, it is mint. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all 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 mater...

Excerpt: ... need to address Plaintiff's Demurrer and Motion to Strike Cross-complaint. (Cohanghadosh Decl. '1 3(A); Kane Decl. '14.) As for the Motion to Strike: Defendants' Motion to Strike is granted with leave to amend within 20 days. Civ. Code S 3294(c) authorizes punitive damages upon a showing of malice, oppression, or fraud, which are defined as follows: (1) "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or...

Excerpt: ...knowledge and hearsay. 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. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contentsl.) Here, not only are the...

Excerpt: ...s, LLC and Mahmood ("Mike") Saifie in the Northern District of Georgia on September 12, 2023. Granted under Evidence Code S452(d). OBJECTIONS Defendant makes thirty-five individual objections to the declaration of Jennifer Baskaron and the exhibits attached thereto. "In granting or denying a moton for summary judgment or summary adjudication, the court need only rule on those objections to evidence it deems material to its disposition of the moti...

Excerpt: ...ny court in this state. (Evidence Code S 452(d).) Accordingly, Defendant's unopposed request for judicial notice is granted. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of university of California (1990...

Excerpt: ...od faith; such a determination bars any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (CCP S 877.6 (a), (c)-(d).) The case of Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499, established the often-cited factors to be considered by the court in det...

Excerpt: ...urt assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and 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, deductions or conclusions of fact or law (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) Ifthe complaint falls to stat...

Excerpt: ...iff is ordered to file a supplemental declaration 10 days prior to the hearing date describing the supplemental meet and confer, and indicate whether any issues were resolved informally. A motion to compel a further response to an inspection demand or interrogatory must be accompanied by a declaration stating facts showing a "reasonable and good faith attempt" to resolve informally the issues presented by the motion before filing the motion. (Cal...

Excerpt: ...ny pleading at any time. CCP SS 473(a), 576. See Hong Sang Market, Inc. v Peng (2018) 20 CA5th 474, 488, 229 CR3d 99CCP 5473 provides: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceedng by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the tme for answer o...

Excerpt: ...UP OF AMERICA, INC.'S MOTION FOR RE IEF FROM WAIVER OF OBJECTIONS-SPECIAL INTERROGATORIES BY VOLKSWAGEN GROUP OF AMERICA, INC. Tentative Ruling: Defendant's Motion for Relief from Waiver of Objections to Requests for Admissions, Form Interrogatories, and Special Interrogatories are granted. A party to whom interrogatories have been propounded must serve responses within 30 days after service of the interrogatories. (C.C.P. S 2030.260(a).) A party...