Excerpt: ...rial. The failure to file earlier must have been in good faith. Id. Leave to file a cross‐complaint must be liberally construed to avoid forfeiture of causes of action. Id. Defendant has established that the failure to file the cross‐ complaint earlier was based on good faith efforts to settle this litigation. This matter is set for trial in October 2019 which will provide Plaintiff ample time to conduct discovery on the cross‐complaint. Fu...

Excerpt: ... § 435.5(a). A motion to strike must also be supported by a meet and confer declaration. CCP § 435.5(a)(3). No meet and confer declaration was provided with the demurrer and motion to strike. It appears 2 moving party has submitted the Declaration of Damon Booth with its reply in an effort to cure this defect. This declaration indicates nothing more than the fact counsel apparently had a single telephone conversation on November 6, 2018 wherein...

Excerpt: ...ction is based upon a contract, fails to make ascertainable whether the contract is written, oral, or implied by conduct (CCP § 430.10(g)). A demurrer is treated “as admitting all material facts properly [pled], 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. For purposes of ruling on a demurrer. the plaintiff's allegations must be accepted...

Excerpt: ...provided the required “Claim of Exemption” mandatory Judicial Council Form but it fails to identify any code section that would apply. Further, the facts alleged simply state that the proof of service was incomplete and that it was never actually filed or stamped by the clerk's office. It is unclear to which proof of service he is referring. The original complaint was personally served on December 10, 2010 according the proof of service filed...

Excerpt: ...ust grant that party leave to file the cross‐complaint so long as the party acted in good faith and has given proper notice to the adverse party. CCP § 426.50. The Court finds that the proposed cross‐complaint is compulsory as it “arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” CCP § 426.10(c). Specifically, the cross‐complai...

Excerpt: ...st 13, 2018 and therefore the opposition was due on July 31, 2018. The opposition was filed on August 7, 2018. The proof of service shows that the opposition was not served until August 7, 2018 and was therefore untimely. Even if the Court were to consider the closure from July 30‐August 3 due to the Carr Fire there is no excuse why the opposition was not timely served on the opposing parties. The Court will exercise its discretion and consider...

Excerpt: ...ion Code § 44808 and design immunity pursuant to Gov. Code § 830.6. Defendants' Objections to Evidence: Objection No. 1: OVERRULED Objection No. 2: SUSTAINED Objection No. 3: OVERRULED Objection No. 4: OVERRULED Factual Background: In May of 2016, Plaintiff was a second grade student at Boulder Creek Elementary School, part of the Enterprise Elementary School District. On May 16, 2016, at 1:56 p.m., the school bell rang and Plaintiff was dismis...

Excerpt: ...d as counsel is brought instead of filing a consent under CCP § 284(1). Mr. Cogan has established in general terms that there has been a breakdown in the relationship. The 3 information provided in the declaration is sufficient to establish a need to be relieved provided all procedural requirements have been met. CRC 3.1362(d) specifically requires service of the motion, supporting declaration and proposed order. The proof of service on file ref...

Excerpt: ...dge. When and if the Defendant is served, the moving party may have more certain information upon which to base this motion, and/or the parties may wish to stipulate to a different venue. Otherwise, this motion is denied at this time, without prejudice. The motion is DENIED without prejudice. A proposed order was lodged with the Court which will be modified to reflect the denial. ...

Excerpt: ...thority to represent Reed or file a motion on his behalf. On this basis alone, the motion is denied. Counsel should be prepared to address this issue at the hearing of this matter. Out of an abundance of caution, and in order to promote economy and convenience to the parties, the Court issues the following “tentative” tentative ruling indicating how it would rule if Peter Dubrawski properly appeared. Plaintiff, Robert Reed and non‐parties r...

Excerpt: ...“general demurrers.” A general demurrer lies when the allegations of the complaint show that the action is barred by the statute of limitations. Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 76 Cal.App.4th 990, 995. Merits of Motion: Plaintiff's form complaint for personal injury alleges two causes of action arising from the same incident. The first cause of action is for “Motor Vehicle” which is a type of negligence cause of action....

Excerpt: ...thority to represent Reed or file a motion on his behalf. On this basis alone, the motion is denied. Counsel should be prepared to address this issue at the hearing of this matter. Out of an abundance of caution, and in order to promote economy and convenience to the parties, the Court issues the following “tentative” tentative ruling indicating how it would rule if Peter Dubrawski properly appeared. Plaintiff, Robert Reed and non‐parties r...

Excerpt: ... five calendar days if the notice is served by mail. CCP § 1005(b). The motion was served by mail on July 12, 2018. The last day to serve by mail was actually July 8, 2018. The motion is therefore untimely. Plaintiff has filed an opposition which addresses this procedural defect and which addresses the underlying merits of the demurrer. Opposing a motion on the merits waives any irregularities in the notice. Carlton v. Quint (2000) 77 Cal.App.4t...

Excerpt: ...“general demurrers.” A general demurrer lies when the allegations of the complaint show that the action is barred by the statute of limitations. Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 76 Cal.App.4th 990, 995. Merits of Motion: Plaintiff's form complaint for personal injury alleges two causes of action arising from the same incident. The first cause of action is for “Motor Vehicle” which is a type of negligence cause of action....

Excerpt: ...at can be withheld is 25% of disposable income). 15 USC § 1673(a). Section 1672(b) of Title 15 of the United States Code defines “disposable earnings” as “that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.” CCP section 706.011 provides an almost identical definition. Under California law, even more than 75% can be exempt, if the income is sufficient...

Excerpt: ...thority to represent Reed or file a motion on his behalf. On this basis alone, the motion is denied. Counsel should be prepared to address this issue at the hearing of this matter. Out of an abundance of caution, and in order to promote economy and convenience to the parties, the Court issues the following “tentative” tentative ruling indicating how it would rule if Peter Dubrawski properly appeared. Plaintiff, Robert Reed and non‐parties r...

Excerpt: ...that can be withheld is 25% of disposable income). 15 USC § 1673(a). Section 1672(b) of Title 15 of the United States Code defines “disposable earnings” as “that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.” CCP section 706.011 provides an almost identical definition. Under California law, even more than 75% can be exempt, if the income is sufficie...

Excerpt: ...“general demurrers.” A general demurrer lies when the allegations of the complaint show that the action is barred by the statute of limitations. Iverson, Yoakum, Papiano & Hatch v. Berwald (1999) 76 Cal.App.4th 990, 995. Merits of Motion: Plaintiff's form complaint for personal injury alleges two causes of action arising from the same incident. The first cause of action is for “Motor Vehicle” which is a type of negligence cause of action....

Excerpt: ...thority to represent Reed or file a motion on his behalf. On this basis alone, the motion is denied. Counsel should be prepared to address this issue at the hearing of this matter. Out of an abundance of caution, and in order to promote economy and convenience to the parties, the Court issues the following “tentative” tentative ruling indicating how it would rule if Peter Dubrawski properly appeared. Plaintiff, Robert Reed and non‐parties r...

Excerpt: ...resentation, and declaratory relief. Part of their complaint also makes reference to a lawsuit filed by two of the Defendants (Amrit and Ruby Gill) on April 19, 2017 in Orange County (Orange County Superior Court Action No. 30‐2017‐00915449‐CU‐FR‐CJC). The Orange County complaint alleges similar causes of action pertaining to the same transaction, but also includes different causes of action and different parties. It appears both compla...

Excerpt: ...ated that the action will proceed to a default prove‐up hearing. Plaintiff Federal National Mortgage Association (FNMA) now moves for an order substituting MTGLQ Investors, L.P. (MTGLQ) as plaintiff in place of FNMA. The motion is brought because FNMA has transferred its beneficial interest in the property to MTGLQ. Following transfer of an interest in an action or proceeding, the action or proceeding may be continued in the name of the origina...

Excerpt: ...e motion was granted on September 25, 2017, and Ms. Salas was given leave to file a verified answer. When no verified answer was filed, Ms. Salas' default was taken on October 23, 2017. Proof of service relating to Vint Stevenson was next filed in December 2017. It demonstrated substituted service on May 4, 2017, and his default was taken on January 8, 2018. Nevertheless, an Order to Show Cause (OSC) re Monetary Sanctions issued from this Court i...

Excerpt: ...t. Decker opposes the motion but Plaintiff does not. 4 Objections: Decker's Objection No. 1: SUSTAINED Ginno's Objection No.1: SUSTAINED Ginno's Objection No. 2: SUSTAINED Factual Background: In 2015 Plaintiff was employed by the National Veterinary Associates (“NVA”) as the managing veterinarian at the Westside Pet Hospital (the “Hospital”). NVA leased the Hospital from the Ginno Family Trust. On January 29, 2015, Plaintiff was injured w...

Excerpt: ...action on the last page of their Memorandum of Points and Authorities appears to be in error as a demurrer on that cause of action was neither noticed nor argued. Standards of Demurrer: A demurrer should be sustained if the complaint fails to “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can be used to challenge defects that appear on the fact of the complaint or from matters that may be subject ...

Excerpt: ...ith the Court. A Claim of Exemption has an unusual procedure. Most of the documents are “filed” by the parties with the levying officer. The only document filed directly with the Court by the Judgment Creditor is the “Notice of Hearing” which sets a hearing date. This document is served on both the levying officer and the Judgment Debtor. The service of this document triggers the levying officer to file with the Court the original Claim o...