Excerpt: ...ased on impossibility, and there are no provisions in the contracts indicating Plaintiffs must resort to an alternate date. “The object of a contract must be possible and ascertainable by the time the contract is to be performed.” (Civ. Code, §§1595, 1597, 1596.) Where a contract has a single object that is wholly impossible of performance, or so vaguely expressed as to be wholly unascertainable, the entire contract is void. (Civ. Code, §1...

Excerpt: ... 10 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, 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. Y...

Excerpt: ...isa Salisbury (Salisbury) and Ivan U. Cisneros. In an underlying suit entitled Barnum v. Aware Self‐Storage Inc. (BAC 1300908) alleging ADA violations, Plaintiff told its property manager, TNT Self‐Storage Management, Inc. (TNT), to handle the matter. TNT hired SGI who allegedly failed to respond to the complaint, resulting in a default judgment or a stipulated judgment, which Plaintiff was unaware of. On 7/28/20, Plaintiff filed its Second A...

Excerpt: ...Property”), which is the subject of this action, many of which have been dismissed, however. Ginsburg alleges that he obtained a judgment against Gloria in the amount of $581,817.14 and claims a superior right to the Property. (Complaint, ¶¶ 1‐3). As concerns the present demurrer, Ginsburg alleges that a January 29, 2018, deed of trust (the “DOT”) recorded against the Property reflecting a sale of the Property for $800,000 by Gloria to ...

Excerpt: ...2004) 32 Cal.4th 820, 829; Howlett v. Rose (1990) 496 U.S. 356, 365.) The Court further notes that on January 5, 2021, well after the demurrer in this case was filed, plaintiff Anthony Hernandez filed a request for dismissal of the first cause of action. As to the second cause of action, one alleging negligence, the Court's tentative ruling is to SUSTAIN WITH LEAVE TO AMEND defendant State of California's demurrer. The long‐standing rule in Cal...

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: ...2004) 32 Cal.4th 820, 829; Howlett v. Rose (1990) 496 U.S. 356, 365.) The Court further notes that on January 5, 2021, well after the demurrer in this case was filed, plaintiff Anthony Hernandez filed a request for dismissal of the first cause of action. As to the second cause of action, one alleging negligence, the Court's tentative ruling is to SUSTAIN WITH LEAVE TO AMEND defendant State of California's demurrer. The long‐standing rule in Cal...

Excerpt: ...will suffer the greater injury if the injunction is denied and their property is sold through foreclosure. (Shoemaker v. County of Los Angeles (1995) 37 Cal.App.4th 618, 633.) The Court orders Plaintiff to post a bond in the amount of $15,000.00 within 60 days. FACTUAL / PROCEDURAL CONTEXT Plaintiffs WRF Investments, Inc. (WRF), Renfeng Wang (Mr. Wang), and Tao Sarah Wang (Mrs. Wang) (collectively, “plaintiffs”) allege that WRF was dissolved ...

Excerpt: ...and wife from whom he bought the condo, David and Athena Waite, and against Defendant Estados South HOA based upon the Waites' failure to disclose the existence of and the HOA's failure to prevent and then adequately remediate an alleged rat infestation that caused damage to his property. Novey alleges a 4th cause of action for negligence and 5th cause of action for negligent hiring, retention and supervision of the Gaffney Group against the HOA ...

Excerpt: ...need not prove those facts at the pleading stage. Plaintiff complaint is adequate because it apprises the defendant of the factual basis of the complaint. On the second cause of action, Plaintiffs have alleged several theories as a basis for liability. Defendant only challenges the Peculiar Risk doctrine in its Demurrer. A Demurrer does not lie as to only parts of a cause of action; it must address the entire cause of action. Plaintiff has allege...

Excerpt: ...defendant intentionally concealed the fact with intent to defraud; (4) the plaintiff was unaware of the fact and would not have acted had she or he had knowledge of the concealed fact; and (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) A claim for fraudulent concealment can be based on facts known only to a defendant, defendant knows plaintif...

Excerpt: ...o follow, the statements in bold print are the information requested on 12‐8‐20 followed by supplemental information that was provided. Describe any adverse consequences actually suffered by the declarant as a result of prosecuting the action. A supplemental declaration has been provided by Plaintiff. It indicates that he has not suffered any actual adverse consequences as a result of prosecuting this action. (Joseph Forrest's Supplemental De...

Excerpt: ... §664.6, provides “if parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settle...

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: ...“The two requirements for mandamus thus are (1) a clear, present and usually ministerial duty on the part of the respondent, and (2) a clear, present and beneficial right in the petitioner to performance of that duty.” Keyes v. Bowen (2010) 189 Cal.App.4th 647, 657. Page 4 of 5 As the Department points out, the ministerial duty runs in exactly the opposite direction from that urged by the petitioner: the DMV has a mandatory duty to suspend th...

Excerpt: ...e is whether Plaintiff's response to Defendant's statements constitute a matter of public interest. There is no authority in this regard. It is Plaintiff's burden to show that it has met the first prong that this is a matter of public interest. To the court these statements are not so much a matter of public interest but rather to protect Plaintiff's reputation and business interest. However, the court will conclude that the first prong was met a...

Excerpt: ...ant, false, or improper matter inserted in any pleading. Additionally, the court may strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) Motions to strike can be used to attack the entire pleading, or any part thereof. (CCP § 435; Warren v. Atchison, T. & S.F. Ry. Co. (1971) 19 Cal.App.3d 24, 40.) As with demurrers, the grounds for a motion...

Excerpt: ...(“Thompson”) and Cedric R. Stewart (“Stewart”). Plaintiff alleges that she was severely injured when Thompson negligently drove his vehicle causing it to collide with Plaintiff, who was a pedestrian. (Complaint, ¶¶ 8‐10.) On July 24, 2018, Thompson executed a sworn statement in which he denied owning any real property, and his insurance carrier tendered the policy limits of $20,000 to Plaintiff. (Id., ¶¶ 12‐13, Exhibit C.) Plainti...

Excerpt: ...ion was late it was responded to and is considered on its merits. There is no rule prohibiting an attorney‐party from representing another party; to the extent there may be a potential conflict between the attorney's interests under those circumstances and the clients, the opposing party would have no standing to intrude on the relationship to raise the conflict. DCH Health Services Corporation v. Waite (2002) 95 Cal.App.4th 829, 832. Thus, the...

Excerpt: ...nswer within 30 days. The court grants Defendant's request for judicial notice. (See Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 368 fn.1.) Defendant demurs to the first, second, and third causes of action based on Plaintiffs' failure to comply with the Tort Claims Act. The 4AC references “Exhibit 1” (see, e.g., 4AC, ¶ 25), but Plaintiff attached a document marked as “Exhibit A.” For clarity, the court will use “Exhibit A/1.�...

Excerpt: ... strike is moot. The Court further recognizes that by granting leave it necessarily will mean that the matter will not be at issue by the time that the trial readiness conference is heard, which is on January 26, 2021. On its own motion, the Court shall continue the TSC to April 26, 2021, at 8:30 am, to be heard telephonically. FACTUAL / PROCEDURAL CONTEXT This is a medical malpractice matter. On August 25, 2017, Hannah Coates (“Hannah”) was ...

Excerpt: ...Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐755.) Defendant First American demurs to the tenth cause of action for slander of title and the eleventh cause of action for negligence for failure to state sufficient facts and for uncertainty. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. CCP § 430.10(e). In evaluating a demurrer, the court gives the pleading a reasonable interpreta...

Excerpt: ...san E. Holt (collectively, the “Original Defendants”). On September 9, 2009, the HOA filed the operative first amended complaint (“FAC”) which added the following defendants: Tony Lanza; Brett Gregor; Karen Gregor; Margaret Schramm; Susan Screen; Leslie Rutter; Carolyn Rutter; Drew Couto; Beth Ballerini; and Judith Myers (collectively, the “Added Defendants”) (the Original Defendants and the Added Defendants are collectively referred ...

Excerpt: ...just enrichment/restitution claim are the receipt of a benefit and the unjust retention of the benefit at the expense of another. (Peterson v. Cellco Partnership (2008) 164 Cal.App.4th 1583, 1593.) Shih alleges that ERC charged for repairs to the roof and attic that were never performed and that the request that Shih pay for such services unjustly enriches ERC. (Cross‐Complaint, ¶¶ 23‐26.) ERC's request for payment of its invoice is not a b...

Excerpt: ...torms flooded Plaintiffs' homes and properties. In a prior action, the parties reached a settlement agreement that provided for Beazer to compensate Plaintiffs for the damage and to make necessary repairs. As part of the settlement agreement, Beazer was to prepare and submit plans for the repairs to the City for approval. To date, Beazer has submitted various plans to the City but none have been approved. Plaintiffs allege that their properties h...