Excerpt: ... have been futile. Therefore, the failure to comply with §800 does not appear on the face of the complaint. Demurrers for uncertainty are disfavored. A demurrer for uncertainty will only be sustained where the complaint is so bad that the defendant cannot reasonably respond. Weil and Brown, California Procedure Before Trial, TRG, §7:85. Atkins has not demonstrated that the allegations as to him are so uncertain that he cannot reasonably respond...

Excerpt: .... Sanctions in the amount of $2100 are awarded to CFSC against counsel for Encompass Community Services, Colin Pearce, pursuant to 2023.010(g) and 2023.030(a). Encompass is further ordered to provide a verified supplemental response which is fully compliant with this court's orders of October 1, 2019 by January 13, 2019. The court sets a hearing on January 16, 2010 to confirm full compliance, or, in the event of a failure to fully comply, to set ...

Excerpt: ...in Los Angeles county, where they reside and their law office is located. They rely on §395(a), the general venue statute, which provides in part: “Except as otherwise provided by law and subject to the power of the court to transfer…the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of that action”. Defendants are correct in asserting that another provision of this ge...

Excerpt: ...ial (TRG), §§6:653, 6:639. A denial of leave to amend is appropriate where the pleading is defective as a matter of law, and the defect cannot be cured by further amendment. Id., at §6:646. However, unless the defect is fatal, the court should not consider the merits of the proposed pleading in deciding whether to grant leave to amend. Id., at §6:644. The new allegations in the proposed SAC as to indemnity, tax consequences as damages, and in...

Excerpt: ...ngth and is not collusive; • An estimate of what each class member will receive in the settlement; • Plaintiff should also provide further information which allows “an understanding of the amount that is in controversy and the realistic range of outcomes of the litigation… The salient point is whether the factual record before the court is sufficiently developed to allow the LAW AND MOTION TENTATIVE RULINGS DATE: DECEMBER 16, 2019 TIME: 8...

Excerpt: ...3.5(c)(2) Regarding Item 11 Models, illustrations, Plaintiff is to provide a further declaration related to the $21,695.00 requested to allow the Court to evaluate the reasonableness and LAW AND MOTION TENTATIVE RULINGS DATE:DECEMBER 12, 2019 TIME: 8:30 A.M. 2 necessity of the illustrations by providing an itemization, date, and explanation for each illustration for which the cost is being requested. II. PLAINTIFF'S MOTION FOR ATTORNEY'S FEES The...

Excerpt: ...��1969 statutes required strict and exact compliance with the statutory requirements the provisions of the new law, according to its draftsmen, 'are to be liberally construed. "The provisions of this chapter should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Espindola v. Nunez, (1988) 199 Cal. App. 3d 1389, 1391) There is no evidence here that Defen...

Excerpt: ...s uncertain are presumptively within the defendant's knowledge. (Chen v. Berenjian, (2019) 33 Cal. App. 5th 811, 822) LAW AND MOTION TENTATIVE RULINGS DATE: November 22, 2019 TIME: 8:30 A.M. 2 Because the date of conversion of the Property is presumptively within Defendant's knowledge, the demurrer is overruled on this basis. In addition, Plaintiffs have alleged sufficient facts to allege a duty on the part of Defendants to disclose that the conv...

Excerpt: ...ND MOTION TENTATIVE RULINGS DATE: November 21, 2019 TIME: 8:30 A.M. 3 The general demurrer is sustained without leave to amend as to the 1st, 2d, 4th and 8th causes of action; and with leave to amend as to the 3rd, 5 th and 7th causes of action as follows: The 1 st, and 2d causes of action (Terrorist Death Threat, Scheme and Swindle) are not cognizable, legally recognized, causes of action. Additionally, the 2d cause of action relates to a prior ...

Excerpt: ...(2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.” (Armstrong Petroleum Corp. v. Tri‐Valley Oil & Gas Co., (2004) 116 Cal. App. 4th 1375, 1391 note 6) Here, Allied alleges: 1) Oceanside executed a “Request to Bind” in which it requested that Applied Underwriters, through its affiliates or subsidiaries, cause workers' compensation policies to be issued to Oceanside...

Excerpt: ...xcept as to privilege and in a form complying with the Code of Civil Procedure, to form interrogatories, set one, Nos. 9.1 and 9.2, special interrogatories, set one, Nos. 1, 2, 3, 5, 6, 8, 9, 11, 12, 14, 17, 20 through 24, 26, 27, 29, 30, 32, 33, 35, 36, and 39, and request for production of documents, set one, Nos. 1 through 16, as explained herein. Plaintiff Cortland T. Day shall serve such further responses on or before December 2, 2019. Concu...

Excerpt: ...titled to be compensated for "all hours reasonably spent on the matter." (Serrano v. Priest (1982) 32 Cal.3d 621, 624.) The number of hours reasonably worked is determined by reviewing the time reasonably spent on a matter, including time spent drafting and revising pleadings, meeting with clients, and preparing for and presenting the case at trial. (Serrano v. Priest (1977) 20 Cal.3d 25, 28‐29, n. 4.) An attorney's declaration that the work pe...

Excerpt: ...laint is uncertain are presumptively within the defendant's knowledge. (Chen v. Berenjian, (2019) 33 Cal. App. 5th 811, 822) Because the date of conversion of the Property is presumptively within Defendant's knowledge, the demurrer is overruled on this basis. In addition, Plaintiffs have alleged sufficient facts to allege a duty on the part of Defendants to disclose that the conversion was not permitted. Therefore the demurrer to the Eleventh cau...

Excerpt: ...dinance by Failing to Follow the Procedures, and Make the Findings Required, by SCMC §§ 24.08.810 and 24.08.820 Before Issuing the PDP? The interpretation of Title 24 of the Zoning Ordinance, contained in the Santa Cruz Municipal Code, and specifically Parts 8 and 9 of Chapter 24.08 and Part 1 of Chapter 24.14, presents an issue of law which is subject to independent review. MHC Operating Ltd Partnership v City of San Jose (2004) 106 Cal. App. ...

Excerpt: ...the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence. (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on ...

Excerpt: ...nnot be compelled to arbitrate the dispute under an agency theory. (A preexisting relationship between the nonsignatory and one of the parties to the arbitration agreement is a common factor in compelling the nonsignatory to arbitrate. County of Contra Costa v. Kaiser Foundation Health Plan, Inc., (1996) 47 Cal. App. 4th 237, 242) As to finding that Allied is the alter ego of Oreb/Radensky, before the alter ego doctrine will be invoked in Califor...

Excerpt: ...t the CA Building Code applies, the UPP report was prepared in support of Petitioner's permit application to correct unpermitted grading activities. The project description for Development Permit Application REV151055 says “Proposal for restorative grading”. (AR 13) Moreover, the scope of the UPP report does not include any references to any “buildings or structure or appurtenances connected or attached to such buildings or structures as re...

Excerpt: ...he following rulings: 1.The objections are overruled. Defendant is ordered to provide a further verified response producing the requested documents. 2. The objections are overruled. Defendant is ordered to provide a further verified response producing the requested documents. 3. The objections are overruled except for the objection that it improperly seeks premature disclosure of expert opinion. Defendant is ordered to provide a further verified ...

Excerpt: ...te where the pleading is defective as a matter of law, and the defect cannot be cured by further amendment. Id., at §6:646. However, unless the defect is fatal, the court should not consider the merits of the proposed pleading in deciding whether to grant leave to amend. Id., at §6:644. ...

Excerpt: ...hat burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. “Th...

Excerpt: ...pation in the litigation is inconsistent with an intent to arbitrate. A waiver of the right to arbitrate may be implied from this conduct. Lewis v Fletcher Jones (2012) 205 Cal. App. 4th 436, 445‐446. ...

Excerpt: ...E The motion by to allow Bella Vista Italian Kitchen and Bar, LLC to intervene is denied. CCP §387 (c) requires a motion to intervene to include the proposed complaint in intervention. There is no complaint in intervention included in the motion. ...

Excerpt: ...sonable costs of a title report, with legal interest at the legal rate from time of payment, or, if before the commencement of the action, from the time the action was commenced; • Other disbursements or expenses determined by the court to have been incurred or paid for the common benefit. CCP §874.020 provides: The costs of partition include reasonable expenses, including attorney's fees, necessarily incurred by a party for the common benefit...

Excerpt: ...��; and “all reference to allegations concerning the POBRA”. (Notice of Motion, 2:3‐7). The County asserts that a February 14, 2019 letter from Thornton Kontz, as attorney for the Commission, is “the sole basis” for Petitioner's second cause of action for traditional mandamus and his claim of POBBRA violations. It asserts that this letter constitutes protected activity, because it is a communication made in connection with an official p...

Excerpt: ...ey's MPA as to Portola 5:15‐16, 13:18‐21). Summary adjudication must completely dispose of the cause of action to which it is directed. CCP §437c(f)(1). The prayer on the Fourth Cause of Action for Breach of Written Contract to Defend seeks compensatory damages and attorneys' fees, expert costs, and other litigation costs. The prayer on the Eleventh Cause of Action for Declaratory Relief for Duty to Defend seeks a judicial declaration as to ...