Excerpt: ...service on those defendants must be filed with the court within 50 days after the filing of the complaint." CRC 3.110(b). A Proof of Service of Summons is on file for Defendant David Caleb Willis indicating service of the Complaint on November 29, 2021. A Proof of Service of Summons is on file for Defendant Andrea Johnson indicating service of the Complaint on November 29, 2021. Responsive pleadings should have been on file within 30 days of serv...

Excerpt: ...2022, Counsel stipulated to substituting Claudia Hostetter as Administrator of the Estate of Harold Engel as Plaintiff. Defendants now move to disqualify Attorney Thomas Andrews from representing Claudia Hostetter, Mary Collum, and Jennifer Rech. Only Claudia Hostetter, in her capacity as Special Administrator, is a party to this action. Plaintiff opposes the Motion, arguing the Motion is unsupported by admissible evidence. Merits: "A trial court...

Excerpt: ...ocess by failing to respond to the discovery requests that are subject to the Court's Order dated August 7, 2023. The discovery requests at issue in the previous Motion to Compel are Plaintiffs' Request for Production, Set One, Request for Admissions, Set One, Form Interrogatories, Set One, and Special Interrogatories, Set One. The Court ordered that Defendant provide responses within fifteen days of the Notice of Entry of Order. Notice of Entry ...

Excerpt: ...ith the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading." Here, the demurring party admittedly has not m...

Excerpt: ...rer: A general demurrer should be sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the party does not have legal capacity to sue or there is a misjoinder of parties. CCP S 430.10(b) & (d). 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) ...

Excerpt: ...ovide verifications to the unverified responses served on October 20, 2023, for further responses to the respective discovery and for sanctions. Verifications: California law requires all discovery responses to be executed under oath. See CCP SS 2030.250(a), 2031.250(a) and 2033.240(a). An unverified response is tantamount to no response at all. Melendrez v. Superior Court (2013) 215 Cal.App.4th 1343, 1348. It is undisputed that Defendant's Octob...

Excerpt: ...ling, this was corrected to Department 8. Because Defendant was served prior to filing, the clerk stamped the Notice with the following: "NOTICE Time and/or dept. have been changed. Moving party shall give notce of change to all parties." Nothing has been filed indicating that Defendant was provided notice of the correct department. Request for Judicial Notice. Plaintiff requests the Court take judicial notce of the Stipulation Agreement filed wi...

Excerpt: ... are seven specific objections that the Court lists sequentially starting with the first. 1. Overruled as to each objection with the exception of the sentence starting with "As evidence of his assertion" for which the Evid. Code S 1152 objection is sustained. That sentence is stricken. 2. Overruled as to each objection. 3. Overruled as to each objection. 4. Overruled. 5. Overruled as to each objection. 6. Overruled as to each objection. 7. Overru...

Excerpt: ...facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether 4 the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 430.10(f). 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 materi...

Excerpt: ...er 15, 2023, that has been opposed by Defendant. Procedural Issues. Motions for Summary Judgment have certain procedural requirements that differ from other motions. CCP S 437c(b)(1) reads: The motion shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositons, and matters of which judicial notice shall or may be taken. The supporting papers shall include a separate statement setting forth plainly and concis...

Excerpt: ...S 1005(b). The Court interprets this pleading as Plaintiff agreeing that the Demurrer should be sustained but seeking leave to amend. Meet and confer. CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." The Declarati...

Excerpt: ...ion: Trial dates are firm. CRC 3.1332(a). A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is d...

Excerpt: ...Vilchez Declaration are OVERRULED. Song-Beverly: The Song-Beverly Act contains a cost-shifting provision that specifically allows prevailing buyers to recover their costs, including attorney's fees. Civ. C. S 1794(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 ...

Excerpt: ...aintiff argues the responses were untimely. Plaintiff had granted Defendant a 30-day extension to respond. Plaintiff argues that the 30-day extension ran from the day Plaintiff granted the extension (August 2, 2023) rather than from the original due date (August 9, 2023). The parties' email correspondence does not specify what they intended. A logical reading of "30-day extension" means 30 days past the original due date, not 30 days past the dat...

Excerpt: ...ed liberally to permit amendment. Nestle v. Santa Monica (1972) 5 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) ...

Excerpt: ...Notice. The Court notes that no objections were made to Plaintiffs' Request for Judicial Notice. The Court further notes that the Declaration of Andrew S. Pletcher provides evidence establishing how each of the documents in Requests 2-8 (Ex. A-GI were obtained. Plaintiffs' Requests for Judicial Notice are granted pursuant to Evid. Code SS 452(h) and 453. Merits. A defendant can challenge jurisdiction in California courts by filing a motion to qua...

Excerpt: ...ny affidavit in support thereof. Where the defendant has not yet appeared in this action, all of those documents must be served in the same manner as a complaint and summons. CCP S 512.030(b). Defendant was subserved after multiple attempts to personally serve. CCP S 415.20(b). Service is therefore proper. Merits: CCP 5512.060 provides that in order to obtain a claim and delivery writ of possession plaintiff must: 1) demonstrate the probable vali...

Excerpt: ...of Documents, Set One. After Mosely granted Abdulghani several extensions to respond, Abdulghani served unverified objections on August 25, 2023. Mosely filed the instant Motion on October 9, 2023. On October 19, 2023, Abdulghani served substantive responses, which Mosely has indicated are adequate. (Reply at 2.) Mosely maintains the request for sanctions, because of the time and expense required to bring this motion. Merits of Motion: When a par...

Excerpt: ...ate facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies whether the pleading is uncertain which includes ambiguous or unintelligible causes of action. CCP S 430.10(f). 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[sl the demurrer as admitting all mate...

Excerpt: ...for an order compelling responses. CCP SS 2030.290(b). On March 22, 2023, Plaintiff propounded Form Interrogatories, Set One on Defendant Bonna Johnson. To date, Defendant has not provided any responses. Plaintiff has established proper service of the discovery, that the time to respond has lapsed and that no responses have been received. The Court will issue an order compelling Defendant to provide responses. As for sanctions, they are mandatory...

Excerpt: ...v. Santa Monica (1972) 6 Cal. 3d 920, 939. Leave to amend should be liberally granted so long as there is no statute of limitations issue or prejudice to the opposing party. Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240. Plaintiffs allege it was recently discovered that the breach of contract code section cited in the First Amended Complaint was erroneous. California Civil Code Section 1719(a)(2) was cited, but the correct citation is...

Excerpt: ...mplied-in-fact contract causes of action on the grounds that they are barred by the statute of frauds defense. Request for Judicial Notice: 80th parties have requested judicial notice ofvarious documents. No objections have been raised. The requests are GRANTED. Standard on Demurrer: A general demurrer should sustained if the complaint fails to "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer can be used...

Excerpt: ... was stricken as being filed without leave of Court on May 18, 2023. As a preliminary matter, despite being properly noticed, Plaintiffs did not file an Opposition to the Demurrer. Meet and Confer. CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objectio...

Excerpt: ...udicial Notice: Pursuant to Evid. Code S 452 the Court GRANTS Defendant's request for judicial notice of the Complaint. Meet and Confer: CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer." The Declaration of Peter Fi...

Excerpt: ...vice listing the document titled Plaintiff's Evidence in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication. Accordingly, Plaintiff's Evidence in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication was not considered by the Court. Request for Judicial Notice. Pursuant to Evid. Code SS 452(a) and 453, the Court takes judicial notice of 15 USC Section 1665 and 12 CFR Section 202.12. Merit...