Excerpt: ...ge. (FAC '1 7) Further, without authority establishing that Plaintiffs need allege that their claims have not been litigated to finality, District's final argument is unpersuasive. Plaintiffs' initial complaint was filed on 12/29/22 within the operative limitations period. SANTA CRUZ CITY SCHOOLS' DEMURRER The demurrer is overruled. A. General overview of revival statute AB 218 amended CCP S 340.1 to create a three-year "lookback window," which r...

Excerpt: ...s accepts as true the factual allegations that the plaintiff makes. In addition, it gives them a liberal construction. Eckler v. Neutragena Corp. (2015) 238 Cal.App.4th 433, 439; Gerawan Farming, Inc. v. Lyons (2000) 24 cal.4th 468, 515-515. Although Code Civ. Proc. S 438 does not state that the failure to join an indispensable party may be a basis for a motion for judgment on the pleadings, "the objection that an indispensable party has been omi...

Excerpt: ...at determina
Ÿon, 'the trial court acts as the trier of fact, determining whether the par
Ÿes entered into a valid and binding se
©lement. [Cita
Ÿon.] . . .'" Osumi v. Su
©on (2007) 151 Cal.App.4th 1355, 1360; In re Marriage of Assemi (1994) 7 Cal.4th 896, 905 [trial court must "resolve [the] disputed issues and ul
Ÿmately determine whether the par
Ÿes reached a binding mutual accord as to the material terms"]. "The trial court's factual �...

Excerpt: ..., and declaratory relief. Specifically, the allegations were that Defendant executed and delivered to Plaintiff a commercial loan agreement in the amount of $150,000. Defendant was to pay the amount on or before October 2, 2018. The amount was not paid. On October 15, 2019, default judgment was entered against Judgment Debtor Mejorado by the court in the amount of $256,755. On November 4, 2021 Judgment Creditor filed a motion for orderto charge M...

Excerpt: ...$690ßn Alyssa Gill $460,cm Stephen Whitmire $1,684,167.82 Torrey Whitmire $230ßn LAW AND MOTION TENTATIVE RULINGS DATE: JULY 20, 2023 TIME: 8:30 A.M. Page 2 of 5 Defendant Caltrans seeks relief from this Court in the form of a motion for judgment notwthstanding the verdict and Defendant Hildebrand and Sons Trucking seeks to tax costs presented by the Gill Plaintiffs. In ruling on these motions, the Court heard the evidence presented at trial, r...

Excerpt: ...ND FOR SANCTIONS LAW AND MOTION TENTATIVE RULINGS DATE: JULY 19, 2023 TIME: 8:30 A.M. Page 2 of 3 PLAINTIFF KHOREV'S MOTION TO COMPEL RESPONSES FROM DEFENDANT WELLS TO FORM INTERROGATORIES AND FOR SANCTIONS Khorev's motions against these four defendants are denied. Based on the hundreds of requests and the hundreds of pages of moving and oppositions papers (over 440 pages in Separate Statements alone, not counting the opposing Separate Statements...

Excerpt: ...ndisputed facts and Plaintiffs offer no contrary evidence to establish any disputed material fact. This is an action for personal injuries susta-ned by Plaintiffs after Defendant's employee allegedly intentionally kicked Plaintiff Robert Arias while he and his wife were shopping. Plaintiffs brought claims for premises liability, general negligence, loss of consortium, and injuries pursuant to Dillon v. Legg. Plaintiff Sheila Arias claims to have ...

Excerpt: ...e allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1215, 1228.) "A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, st...

Excerpt: ...ncertainty can be sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) LAW AND MOTION TENTATIVE RULINGS DATE: JULY 13, 2023 TIME: 8:30 A.M. Page 6 of 8 "A demurrer for uncertainty will be susta-ned only where the complaint is so bad that defendant cannot reasonably respond, i.e„ he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her." Weil &...

Excerpt: ...er or judgment, as defined in the statutes and develo#d by the case law.. " City of Gardena v. Rikuo Corp. (2011) 192 Cal.App.4th 595, 601, quoting Lavine v. Jessup (1957) 43 Cal.2d 511,513). Under section CCP section 940.1 (a)(l), with some exceptions, an ap#al may be taken from "a judgment, except (A) an interlocutory judgment... ." This is the "one final judgment rule," under which an appeal may ordinarily be taken only from a final judgment. ...

Excerpt: ...foreclosure. On 12/10/04 there was a real estate transacton involving the subject property which Plaintiff alleges resulted in him losing his community property interest in the property. Or-ginally, when they purchased the property in 1998, the property's grant deed was in the name of his wife but he alleges it was a community asset and paid for with community funds. Defendant ZBS alleges that the deed was executed by Plaintiff's wife, Kimberly C...

Excerpt: ... 5, 2023 TIME: 8:30 A.M. Page 3 of 6 discretion but not the obligaton to stay the state court action . In exercising its discretion, the court should consider the importance of discouraging multiple litigation designed solely to harass an adverse party, and of avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction b...

Excerpt: ...d, Defendant was granted a further extension and responses were due on November 7, 2022. Plaintiff served unverified responses on November 7, 2022. Additional extensions were requested and granted. (Exs. A, B Declaration of Martino) April 14, 2023 was the date of the last extension granted to Plaintiff. (Dec. of Martino at 6.) CSAA then filed this motion on May 11, 2023 when no supplemental responses were served. On June 23, 2023, Plaintiff serve...

Excerpt: ...plication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The Notice of Entry of Order on the underlying motion was served by regular and electronic mail on Angeles Contractor on 12/9/23. Therefore, any motion by Angeles Contractor to reconsider the Court's order must have been filed by 12/19/22. The motion was untimely filed on 12/28/22. Even when a motion for reconsideratio...

Excerpt: ...ff Ferguson's initial complaint, served on Arborworks on 3/18/22, included claims for premises liability, peculiar risk, dangerous condition of public property, and negligence, and articulated all the facts related to his personal injuries against the State, County and Arborworks. While Ferguson agreed to amend his complaint to allege more specific statutory violations against State at State's urging (see Ferguson's Memorandum in Support of Mohon...

Excerpt: ...(2009) 45 Cal.4th 992, 998; Cundiff v. GTE Cal. , Inc. 101 Cal.App.4th 1395, 1405. Ifthe complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations...

Excerpt: ... A.M. Page 2 of 6 Based on the judicially noticed documents herein, this demurrer is sustained without leave to amend and the case is dismissed based on res judicata. Plaintiff's Complaint also fails to comply with California Rules of Court, Rules 2.108, 2.109, 2.110 [lack of line numbers, page numbers, and footers]. Considering Plaintiff's extensive history of initiating self-represented legal proceedings, she is aware of court requirements for ...

Excerpt: ...o Title Ins. co. (1999) 70 cal.App.4th 1047, 1063. Further, Plaintiffs argue without legal authority that since subdivision (c) of Emergency rule 9 (Cal. Rules of Court, Appx.), the sunset provision, was adopted after their cause of action accrued, they then get a benefit of the Covid-19 emergency tolling period. They do not indicate when their statute would have run under their theory. This is likely because it is impossible to do; their cause o...

Excerpt: ...laintiff's property (apparently related to the previous lawsuit) which caused Plaintiff's attempt to sell his property and purchase anotherto fall through. (SAC "1 66-85) Where the complaint prevents a party from reasonably determining what issues must be admitted or denied, or what counts are alleged against it, a demurrer for uncertainty can be sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) Where several claims ar...

Excerpt: ...right of petition or free speech in connection with a public issue." Where a cause of action is "mixed," and is based on both protected and non- protected activity, the entire cause of action may be stricken under 5425.16 if the principal thrust or gravamen of the claim is protected activity. Ifthe court determines that the moving party has made this threshold showing, the burden shifts to the other partyto demonstrate a probability of prevailing...

Excerpt: ...plication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The Notice of Entry of Order on the underlying motion was served by regular and electronic mail on Angeles Contractor on 12/9/23. Therefore, any motion by Angeles Contractor to reconsider the Court's order must have been filed by 12/19/22. The motion was untimely filed on 12/28/22. Even when a motion for reconsideratio...

Excerpt: ...ncy of a pleading "by raising questions of aw." (Postley v. Harvey (1984) 153 Cal.App.3d 280, 286.) The court " ' "treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law .. " ' " (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525.) The court has reviewed the demurrers, as well as the objections and replies. The court notes counsel for Plaintiff, in opposition, attached ...

Excerpt: ...er continued hearings and supplemental br-efing this Court granted Defendant's petition to compel arbitration as to John and Ann's claims for elder abuse, violation of patent's bill of rights and fraud; denied the petition as to Paul William's claim for wrongful death; and stayed the judicial proceedings, with Paul's claim to trail the arbitration in Superior Court. On 1/28/21, Plaintiffs stipulated to submitting the entre matter to arbitration b...

Excerpt: ...covery was served on 7/13/22. (Sinha Declaration, Exs. A and 8) Defendants served unverified and incomplete responses on 9/12/22. (Sinha Decl. Exs. C and D) Following meet and confer, Defendants served verified supplemental responses for all of the requests in dispute on 4/14/23. (Sinha Decl„ Exs. E, F, G) On 4/18/23, defense counsel Ms. Sinha inquired via email about the absence of the photographs and repair information related to the County's...

Excerpt: ...requires Respondent to pay Petitioners $266,276.02, orders specific performance of the purchase contract, requires Respondent to deposit a deed in escrow within 30 days of Petitioners' deposit of the purchase price in escrow, awards costs of suit of $29,287.52, and attorneys' fees of $105,023.50. Petitioners move to confirm the award pursuant to CCP #1285, 1287.4. Respondent moves to vacate the award. She has argued all along that she was fraudul...