Excerpt: ...t appear that counsel made any attempt to reach Defendant by telephone. It should not have to be stated that an email is not a meeting. CCP § 439(a) very clearly requires that parties meet and confer by telephone or in person, regardless of the prospects of an informal resolution. Nor is there any authority that would allow counsel to shift the onus of initiating a telephone conference by simply sending email correspondence. In addition, it appe...

Excerpt: ...iff's complaint need only met fact‐pleading requirements: it must contain a statement of the facts constituting the cause of action, in ordinary and concise language (CCP § 425.10(a)(1)), and should allege ultimate facts that, as a whole, apprise the defendant of the factual basis of the claim. (Medical Marijuana, Ins. v. ProjectCBD.com (2020) Cal.App.5th 869, 886.) A written contract may be pleaded either by its terms – set out verbatim in ...

Excerpt: ... defendant's breach; and 4) resulting damages. (San Mateo Union High School Dist. v. County of San Mateo (2013) 213 Cal.App.4th 418, 439.) In this case, Plaintiff alleges that Defendant Richard Fracassee is the “owner of the property and person holding title” of the subject property. Plaintiff alleges Defendant Cooper “was the property manager of the subject property” and “was authorized by [ ] Fracassee to execute [the contract], and t...

Excerpt: ...overy of attorney fees. (Complaint, Ex. A, Lease ¶31.) 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, 1062.) Specifically, in exercising its discretion, the Court may consider all of the facts and the entire procedural history of the case in setting the amount of a reasonable attorney's fee award. (Bernardi v. County of Mo...