Excerpt: ...k; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan (1985) 39 C3d 311, 318. “Face of the complaint” includes matters shown in exhibits attached to the complaint and incorporated by reference; or in a superseded complaint in the same action. Frantz v. Blackwell (1987) 189 CA3d 91, 94; Barnett v. Fireman's Fund Ins. Co. (2001) 90 CA4th 500, 505—“we rely on and accept as true the contents of the exhibits a...

Excerpt: ...'s fees in the amount of $11,094.75 and costs of $1,690.90 pursuant to Civil Code § 798.85. Merits of Motion: The Mobilehome Residency Law provides procedures and remedies related to mobilehome parks. See Civil Code § 798 et seq. Section 798.88 of the Mobilehome Residency Law permits a mobilehome park to seek an injunction to stop violations of a reasonable rule of regulation. The Court shall issue the injunction if it finds the existence of a ...

Excerpt: ...s fees in the amount of $11,182.50 and costs of $1,868.90 pursuant to Civil Code § 798.85. Merits of Motion: The Mobilehome Residency Law provides procedures and remedies related to mobilehome parks. See Civil Code § 798 et seq. Section 798.88 of the Mobilehome Residency Law permits a mobilehome park to seek an injunction to stop violations of a reasonable rule or regulation. The Court shall issue the injunction if it finds the existence of a c...

Excerpt: ... he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. (b) A notice of m...

Excerpt: ...ormed work in California at any time during the period of October 6, 2017 through October 1, 2021. The PAGA period is September 23, 2020, through the date of settlement approval or judgment. The proposed class members are approximately 25 former and current employees of Defendant. The proposed settlement is: Total Settlement Amount $180,000.00 Proposed Attorneys' Fees (up to 35%) ‐$63,000.00 Litigation Costs and Expenses (up to) ‐$12,000.00 S...

Excerpt: ...Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code §§ 11488.4 and 11488.5. For a judicial forfeiture the District Attorney's Office (or other agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The Petition for Forfeiture must be served on the individuals from whom the property was seized. Health and Safety Code § 11488.5(c)....

Excerpt: ...re fiduciaries and owe a duty of support in the family law context, but these duties do not create a power to contractually bind each other in the agency context. Flores v. Evergreen at San Diego, LLC (2007) 148 Cal.App.4th 581, 589. Decedent executed a Springing Durable Power of Attorney designating Barbara Towne, to become effective “only on the incapacity of the undersigned principal …when the Attorney‐In‐ Fact receives a written and 3...

Excerpt: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...nt. Merits of Motion: Plaintiff has alleged a common count causes of action to collect on a debt. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'” Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460. The complaint contains a statement of the indebtedness, that money was loaned, that the there is...

Excerpt: ...(d). The attorney's fee award is limited to the amount the court determines was reasonably incurred by the buyer in commencing and prosecuting the action, based on actual time expended. The prevailing buyer has the burden of proving the fees were both reasonably necessary to conduct the litigation and reasonable in amount. Civil Code § 1794(d); Robertson v. Fleetwood Travel Trailers of California, Inc., (2006) 144 Cal. App. 4th 785. The lodestar...

Excerpt: ...can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a defendant cannot reasonably respond. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616. A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank...

Excerpt: ...o constitute a valid cause of action.” CCP § 430.10(e). A demurrer can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a defendant cannot reasonably respond. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616. A demurrer can be used to challenge defects that appear on the face of the c...

Excerpt: ...ays prior to the hearing as required by CCP § 1005(b). Plaintiffs filed a substantive Reply on April 6, 2022. The Court continued the hearing due to insufficient time for the Court to review the Opposition and Reply, but did not make any findings regarding the late filing. After reviewing both the Opposition and Reply, the Court should consider finding that the Opposition was filed late due to excusable neglect and inadvertent mistake and that P...

Excerpt: ...0(e). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified School District (1998) 65 Cal.App.4th 435, 438. No matter how unlikely, a...

Excerpt: ... The settlement amount is $112,500. PAGA Settlements: The Private Attorneys General Act of 2004 (“PAGA”) is codified in Lab. Code §§ 2698, et seq. In bringing a PAGA action, an aggrieved employee acts as the proxy or agent of state labor law enforcement agencies, representing the same legal right and interest as those agencies, in a proceeding that is designed to protect the public, not to benefit private parties. Villacres v. ABM Industrie...

Excerpt: ...of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. “[T]he acts which brought about the default must have been the acts of a reasonably prudent person under the same circumstances.” Id. The moving party has the burden of proof to establish one of these conditions by a preponderance of the evidence. Luz v. Lopes (1960) 55 Cal.2d 54, 62. The moving party must submit affidavits or testimony demonstrating a reasonable cause...

Excerpt: ...tion Provision)” (hereinafter “Sale Contract”). The Sale Contract included an Arbitration Provision which provides, in pertinent part, as follows: “Any claim or dispute, whether in contract, tort, statute, or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to yo...

Excerpt: ... Santa Monica (1972) 6 Cal. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. Sup.Ct. (1959) 172 Cal.App.2d 527, 530. Defendants arg...

Excerpt: ... action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the [C]ourt determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” A special motion to strike is thus a procedural re...

Excerpt: ...mary judgment shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. “A defendant…has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or 3 that there is a complete defense to the cause...

Excerpt: ...c. et al was filed on January 9, 2020. The Wade matter was filed under the Private Attorney Generals Act of 2004 (“PAGA”). The proposed settlement is $1,000,000. The breakdown of payments, costs, and fees from the proposed settlements are as follows: Total Settlement Amount $1,000,000 Proposed Attorneys' Fees (35%) ‐$350,000 Litigation Costs and Expenses ‐$35,000 Estimated Settlement Administration Costs ‐$18,000 PAGA Claim Settlement A...

Excerpt: ... a preliminary injunction is set forth in CCP § 525 et seq. To obtain a preliminary injunction, plaintiffs must establish that defendant should be restrained from the challenged activity pending trial. See CCP § 526(a); see also Trader Joe's Co. v. Progressive Campaigns (1999) 73 Cal.App.4th 425, 429. The moving party has the burden of providing sufficient admissible evidence to establish all elements necessary to support issuance of the prelim...

Excerpt: ...efforts. Merits. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: 2 (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) 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 A motion to strike can be used to attack the entire pleading, o...

Excerpt: ... seven causes of action. The anti‐SLAPP was originally scheduled to be heard on August 30, 2021, however the hearing was continued at the request of Plaintiff and the anti‐SLAPP was eventually heard on October 4, 2021. The Court took the matter under submission and granted the anti‐SLAPP on November 22, 2021 in all aspects except one cause of action as to Defendant Mark Lucas. In the ruling on the anti‐SLAPP, the Court determined that Def...

Excerpt: ... the grounds that the pleading is “uncertain.” CCP § 430.10(f). A complaint, or causes of action therein, are subject to demurrer for uncertainty if it is so uncertain that a defendant cannot reasonably respond. Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616. A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 C...