Excerpt: ..., and OVERRULED in part as to the general demurrer to the SAC as being barred by collateral estoppel, as follows. Defendant's Request for Judicial Notice is GRANTED pursuant to Cal. Evidence Code Section 452(d). Collateral Estoppel as to Entire SAC OVERRULED. Collateral estoppel applies when an issue determined in a prior adjudication is identical to that presented in a subsequent action, the prior adjudication resulted in a determination on the ...

Excerpt: ... served form interrogatories, a first set of special interrogatories, and a first set of document requests on Plaintiff. (Defendant's Request for Judicial Notice ("RJN") Ex. C-1.) After some back and forth with Plaintiff's counsel, Defendant requested an Informal Discovery Conference ("IDC") before Commissioner Mau, which was held on June 5, 2023. (ld.) Plaintiff agreed to serve substantive supplemental discovery responses by June 13, 2023. (ld.)...

Excerpt: ... Reply Request for Judicial Notice is DENIED because none of the requested matter is material to the Court's evaluation of Defendants' motion. l. ABO COMIX STANDING The motion is DENIED as to A. 8.0. for lack of standing. The cases cited by County do not support this motion. In the case of Creed-21 v. City of Wildomar (2017) 18 Cal.App.5th 690, the complaint alleged that the plaintiff organization was "formed and operating under the laws of Calif...

Excerpt: ...ice of Appeal "fails to state a cause of action" against the Fields, and/or improperly names them as parties (real parties in interest) in this appeal. (Code Civ. Proc. Sect. 430.10(d), (e).) The function of a demurrer is to test whether, as a matter of law, the facts alleged in the complaint state a cause of achon under any legal theory. Intengan v. BAC Home Loans Servicing, LP (2013) 214 Cal.App.4th 1047, 1052. Code Civ. Proc. Sect. 389(a) stat...

Excerpt: ...to amend, as to the Special Demurrer to the First Cause of Acton ("COA") for Civil Rights Violations pursuant to Cal. Code of Civil Procedure Section 430.10(e). OVERRULED with respect to the general Demurrer to the Complaint and the remaining special demurrers. General Demurrer OVERRULED. Defendants argue that each cause of action in the Complaint must be dismissed pursuant to Heck v. Humphrey, (1994) 512 U.S. 477 ("Heck") because the claims impl...

Excerpt: ... strike paragraphs 19 and 25 from the First Amended Complaint on the grounds that these paragraphs contain false matter under CCP S 436. However, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. (CCP S 437.) The falsity of Plaintiff's allegations does not appear on the face of the FAC, and Defendants have not requested that the Court take judicial notice...

Excerpt: ... GRANTED as to Exhibits 5-6. (Evid. Code Sect. 452(c).) As to each of these documents, the Court takes judicial notce of their contents and the dates that they were filed and/or issued, but the Court does not take judicial notice of the truth of statements/allegatons in the documents. Plaintiff Li's 10-24-23 Reply brief was untimely filed, but the Court has considered it. Plaintiff's Reply brief was due 10-23-23. Plaintiff filed it on 10-24-23, o...

Excerpt: ...E failed to provide verified responses to Form Interrogatories that were served in July 2021. The Court granted Plaintiff Oakville Produce Partners' motion to compel verified responses and ordered Defendant Le to provide verified responses "within 14 days of service of this order" and to pay a monetary sanction of $1,185.00 "within 30 days service of this order." (Order, Dec. 8, 2022 (filed Dec. 9, 2022.) Plaintiff served Notice of Entry of Order...

Excerpt: ... COA for Breach of Contract Plaintiffs were given leave to amend the original Complaint as to the sustained demurrer to the Second Cause of Action for Fraud. See June 20, 2023 Order. The amendments to the First Cause of Action for Breach of Contract were not authorized by that order. Following an order sustaining a demurrer or a motion for judgment on the pleadings with leave to amend, the plaintiff may amend his or her complaint only as authoriz...

Excerpt: ...e an amended answer no later than November 20, 2023. Cross- complainants FXIO International, Inc.'s and Plan B Equipment Rentals, LLC's Request for Judicial Notice is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881, 902 ["trial court retains its usual discretion not to take judicial notice of matters that are irrelevant"].) As a preliminary matter, the notice of demurrer provides the incorrect address for t...

Excerpt: ...Anthony L Webb shall file his Third Amended Complaint no later than December 4, 2023. As a preliminary matter, the demurrer is made on behalf of Defendants Private Defender Program Office ("PDPO"), Lisa Maguire, and Paul Demeester. However, Maguire and Demeester were dismissed on October 27, 2023. The portion of the demurrer made by them is thus moot, and only the portion of the demurrer made by POPO is relevant here. Though the five causes of ac...

Excerpt: ...t to Cal. Evidence Code Section 452(d). Fourteenth COA for Breach of Fiduciary Duty OVERRULED. The SAC alleges that Defendant Hillhouse had authority and control over Plaintiff's finances, books, records and accounting documents, and that she handled Plaintiff's money and was entrusted to handle the finances at Plaintiff's law practice. SAC, "5, 171. It also alleges that Defendant Hillhouse had control and access to Plaintiff's American Express C...

Excerpt: ... Owner, LLC ("Plaintiff" or "The Marina"). Plaintiff and, collectively, the five Defendants brought cross-motions for summary judgment. Plaintiff partially settled with four of the five defendants, leaving Defendant Matthew Klein ("Defendant" or "Klein") the sole remaining Defendant in the action. The Court granted summary judgment for Plaintiff against Klein and entered the Judgment following its Order Granting Summary Judgment on June 29, 2023....

Excerpt: ...laintiff's request for attorney's fees on the grounds that Plaintiff has not stated any grounds for recovery of fees, except for Plaintiff's Third Cause of Acton for violation of Civil Code 1790, et.seq. Because Plaintiff has not stated a claim for violation of the Song-Beverly Act, Plaintiff has not asserted any viable claim for recovery of attorney's fees. Accordingly, Defendant's moton to strike Plaintiff's claim for attorney's fees is GRANTED...

Excerpt: ...ng that interest on the judgment would accrue at 10% per annum from the date of entry until paid. Matrix now moves the Court to amend the judgment to add Vitaly Golomb ("Golomb"), the sole owner and officer of Plaintiff Time Traveller, Inc. ("Time Traveller" or "Plaintiff") as a judgment debtor pursuant to California Code of Civil Procedure ("CCP") S 187. For the reasons set forth below, the motion is GRANTED. CCP S 187 empowers the trial court t...

Excerpt: ...e absence of any extrinsic evidence, the Court may "determine the parties' intentions as disclosed by the lease itself, looking at the plain language" of the contract, "viewed within the lease as a whole." (Frittelli, Inc. v. 350 N. Canon Drive, LP (2011) 202 Cal.App.4th 35, 44.) Although Paragraph 9 is titled "Indemnification of Lessor" and includes language of indemnification, the first sentence of Paragraph 9 is tantamount to an exculpatory cl...

Excerpt: ...tes that Defendant's counsel's meet and confer declaration states that the parties met and conferred via email. (Schultz Decl., '1 2.) However, CCP S 430.41 requires the parties to meet and confer "in person or by telephone." Any subsequent failure to file a meet and confer declaration will result in the matter being ordered off calendar. Defendant demurs to Plaintiff's Third Cause of Acton for Breach of Implied Warranties of Fitness and Merchant...

Excerpt: ...r Judicial Notice (RJN) is GRAN ED. (Evid. Code Sect. 452(c).) Background. Plaintiff's 11-17-22 FAC alleges that Plaintiff Mboma started working as an for Defendant DPR Constructon in 2020. Plaintiff alleges that Defendants discriminated against her due to her race/national origin and her pregnancy/sex, that Defendants harassed and retaliated against her, and ultmately terminated her. Plaintiff's FAC asserted 20 total causes of action, six (6) of...

Excerpt: ...nt"). Plaintiff Jose David Sanchez, a former employee of Defendant, initially brought a complaint to the Labor Commissioner. The Labor Commissioner is empowered to hold administrative "Berman" hearings to provide an ex#ditious and less costly means to adjudicate wage claims. (Lolley v. Campbell (2CM) 28 Cal.4th 367, 372-373.) The parties settled the claim and agreed that Defendant would pay Plaintiff (via the Labor Commissioner) settlement sums a...

Excerpt: ... DENIED without prejudice. A motion for an order compelling further responses to interrogatories must file a meet and confer declaration that states "facts showing a reasonable and faith attempt at an informal resolution of each issue presented by the motion." of Civ. Proc., S 2015.010; see id., at S 2030.300, subd. he purpose of these statutory requirements is to make civil discovery self-executing, without the need for judicial intervention. (T...

Excerpt: ...he ground of fraud or mistake. Cal. Code of Civil Procedure Section 338(d). Plaintiff's cause of action for fraud is based on events that took place from July to September of 2017. Complaint, 99, 16. This action was filed more than three years later, on September 20, 2021. This cause of action is therefore time-barred on the face of the Complaint, and the Demurrer is SUSTAINED on this basis. Defendant additionally argues that the Complaint fails ...

Excerpt: ...econd, and Eighth Causes of Action, arguing that they do not sufficiently state a cause of action. The Court finds that these three claims are adequately pled at the pleading stage, for the reasons stated below. Legal standard. A demurrer is used to challenge defects that appear on the face of the pleading, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer assumes all fact...

Excerpt: ...z, Rebecca Yuhasz, Chase Yuhasz and Max Yuhasz (collectively "Plaintiffs") is OVERRULED. The FAC alleges a single cause of action for Declaratory Relief. Plaintiffs allege that an actual controversy exists between Plaintiffs and Defendants regarding the amount of attorneys' fees and costs, if any, to which Defendants are entitled to Plaintiffs' recovery from the Fire Victim Trust. (FAC 33.) Defendants claim they are entitled to the entire contrac...

Excerpt: ...Mayer communicated with his attorney concerning Plaintiff Mayer's expert testimony. Any privilege that existed between Plaintiff Mayer and his attorney as to communications regarding expert testimony was waived when Plaintiff Mayer testified as an expert at his deposition. Plaintiff has already agreed to produce such documents but stated that none exist. (Mayer Deposition, attached as Exhibit G to Moving Declaration of Varnica.) The motion is DEN...

Excerpt: ...the Court sustained Defendant's Demurrer to Plaintiffs Third Amended Complaint, in part, with respect to the second, third, fourth, fifth, and sixth causes of acton therein, without leave to amend at that time because leave to allege those causes of action was not within the scope of the leave to amend permitted by the Court's December 9, 2022 Order. The denial of leave to amend on July 10, 2023 was issued without prejudice to granting leave to a...