Excerpt: ...o "state facts sufficient to constitute a valid cause of action." CCP S 430.10(e). A demurrer also lies when 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 ma...

Excerpt: ...1W5(b) requires sixteen court days' notice. The Proof of Services prov-des that Plaintiff was served by mail on August 7, 2023. Because the 6 Demurrer was served by mail, five days are added to the notce period. CCP S IW5(b). Therefore, the Demurrer was filed and noticed late. However, a party who contests a motion on the merits without objecting to a defect or irregularity in the notice of motion, including the failure to serve a notice of motio...

Excerpt: ...f $4,222.50. Merits of Motion: A Notce of Pendency of Action also known as a lis pendens can be recorded against real property that is subject to litigation. The lis pendens can be expunged (removed) during the pendency of the action if the pleading on which the notice is based does not contain a real property claim. CRC S 405.31. A real property claim in the context of lis pendens is defined as "the cause or causes of action in a pleading which ...

Excerpt: ... arbitration of Plaintiff's individual labor code and PAGA claims, to dismiss her class claims, and to stay her representative PAGA claim. The parties agree that Plaintiff signed a Mutual Agreement to Arbitrate on March 14, 2014 ("the Agreement"). Plaintiff contends the Agreement is superseded by Plaintiff's rejection of a subsequent arbitration agreement that was presented to her some time in 2018. Plaintiff also argues the Agreement is unconsci...

Excerpt: ...Real Party in Interest Robert J. Frank Construction, lnc ("RJF"). Plaintiff was the next lowest bidder and alleges that the RJF bid was nonresponsive due to what Plaintiff alleges is a material deviation between the Subcontractor List and the Certified DV8E Summary. Evidentiary Objections. Defendant's evidentiary objections are overruled. Merits of Motion. The standard for a preliminary injunction is set forth in CCP S 525 et seq. To obtain a pre...

Excerpt: ...a MyDung Quang, M.D., and Christine Bui, D.O: Defendants David Valencia, D.O., Alicia Cherice Ruth Daisley, M.D„ Angela My-Dung Quang M.D., and Christine aui, D.O. demur to the Second Amended Complaint pursuant to CCP SS 430.10(e) and (f). Plaintiff, Richard Morey, by and through his Successor-In Interest, Denise Morey opposes the Demurrer. Meet and confer. CCP S 430.41 requires the demurring party to "meet and confer in person or by telephone ...

Excerpt: ...r Judicial Notice. Pursuant to Evid. Code S 452(c), Defendant requests the Court take judicial notice of ten rulings from various state courts. The Court takes judicial notce pursuant to Evid. Code SS 452(d) and 453. Merits. As a preliminary matter, Defendant asserts that the Federal Arbitration Act applies. Plaintiff does challenge this assertion. Defendant has presented evidence of Defendant's participation in interstate commerce. The agreement...

Excerpt: ...ses 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 objections to be raised in the demurrer." The Declaration of Mark A. Muro, filed in support of the Demurrer, shows sufficient efforts made by Defendants to meet and confer...

Excerpt: ...rsuing wrongful death or survivor actions against the various defendants. On May 1, 2023, the Court denied a motion to compel arbitration that would have required the Plaintiffs associated with 4 of the 15 elderly decedents to proceed solely in arbitration. Defendants appealed that order which resulted in a stay of this proceeding as to the claims associated with the 4 out of the 15 elderly decedents. Based on the overlapping issues between the t...

Excerpt: ...ty due to his or her mistake, surprise, inadvertence or excusable neglect. The application for relief must be brought within a reasonable time not to exceed six months after the challenged order. CCP S 473(b). CCP S 473(b) is to be liberally construed to further the policy of adjudicating legal controversies on the merits. Younessi v. Woolf (2016) 244 Cal.App.4th 1137, 1146. As for the discretionary relief sought by Defendants, it is incomplete. ...

Excerpt: ...hirty days after service to respond to a Request for Production, Request for Admissions, Form Interrogatories, or Special Interrogatories. See CCP SS 2031.250(a), 2033.250(a), and 6 2030.260(a). Not provding a timely response to propounded discovery results in a waiver of objections. CCP SS 2031.300(a). 2033.280(a), and 2030.290(a). If a party to whom a discovery request is directed fails to serve a timely response, the party propounding discover...

Excerpt: ...ses 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 objections to be raised in the demurrer." The Declaration of Mark A. Muro, filed in support of the Demurrer, shows sufficient efforts made by Defendants to meet and confer...

Excerpt: ...3 U.S. Currency v. Randall Keith Laskowsky and Transpart Warehouse, Inc., Case No. 20 MSE 0002, after hearing on June 15, 2020, pursuant to Penal Code SS 1539 and 1540. The June 2020 Order directed the return of monies seized pursuant to Shasta County Search warrant #2020-149, from a Chase Account 2991, and a Tri-Counties Account 4399. The Court issued a second Order, on October 1, 2021 in the consolidated asset forfeiture acton Case Nos. 195245/...

Excerpt: ... each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance." CRC 3.1332(c). "A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts" is a circumstance that may constitute good cause. CRC 3.1332(c)(6). There are several factors that the Court must consider including: ...

Excerpt: ... 3.769. Defendant has filed a Statement of Non-oppositon tothe Motion. The proposed class is defined as "all current and former non-exempt employees employed by California Mentor Family Home Agency, LLC in California at any time from May 5, 2017 through December 20, 2022, except during the time period(s) in which they held the positions of Mentor Recruiter, Mentor Recruiter, CA, or Mentor Recruiter, CA or Mentor Recruitment Specialist." The PAGA ...

Excerpt: ...1194), failure to prov-de legally compliance rest and meal breaks (Labor Code SS 225.6, 226.7 & 512), failure to issue accurately itemized wage statements (Labor Code SS 226(a) and 225.3), failure to pay wages (Labor Code S 2802) and failure to reimburse all necessary business expenses (Labor Code S 2802). The Private Attorneys General Act of 2004 ("PAGA") is codified in Lab. Code SS 2698, et seq. In bringing a PAGA action, an aggrieved employee ...

Excerpt: ...Court finds that regardless of the meet and confer requirements, Defendant provided evidence of sufficient meet and confer efforts. Merits. The motion is made pursuant to CCP S 2023.010, et seq and is characterized as Plaintiff's misuse of the discovery process. Misuses of the discovery process include, but are not limited to, the following: (b) using a discovery method in a manner that does not comply with its specified pruedures. (c) Employing ...

Excerpt: ...hich 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 material facts properly pleaded, but not contentions, deductions or conclusions of fact or law." Hood v. Hacienda La Puente Unified School...

Excerpt: ...o the discovery requests conditional upon the execution of a protective order. Thus the Court addresses herein only those matters on which the parties could not agree. Tentatve Ruling on Moton to Compel Further Responses to Special Interrogatories and Requests for Documents: Plaintiffs mcwe for an order compelling further responses to Special Interrogatories, Set One Nos. 2, 3, 20-23, 30 and 34. Merits of Motion: A party propounding interrogatori...

Excerpt: ...ings if the complaint states sufficient facts to constitute a cause of action and the answer does not state facts sufficient to constitute a defense to the complaint. The grounds for the motion shall appear on the face of the challenged pleading or from any other matter of which the court may take judicial notice. CCP S 438(d). The Court may take judicial notice of responses to discovery records pursuant to Evidence Code SS 452(d) and 453. Arce v...

Excerpt: ...by a declaration stating either that the parties met and conferred or that they were unable to meet and confer. CCP S 430.41(a)(3). Defendant General Motors LLC's Declaration Regarding Meet and Confer Efforts filed on June 26, 2023 satisfies the meet and confer requirement. Standards of Demurrer: A generally 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 de...

Excerpt: ..., setting a briefing schedule and today's hearing date. Plaintiff seeks a preliminary injunction preventing Defendant from dissipating funds and assets. Plaintiff argues that injunctive relief is needed to maintain the status quo while this matter proceeds to trial. Defendant opposes the preliminary injunction, arguing that it would impede his ability to make a living, and would violate his due process rights. Merits of Mohon. Although an OSC dir...

Excerpt: ...016.040; which went unanswered until after the instant Motion was served. The Court notes Plaintiff has failed to file a Separate Statement as required by CRC Rule 3.1345. The Court will nonetheless reach the merits of this motion. However, Plaintiff is directed to comply with the California Rules of Court in the future. Merits. This is an action brought under the Song-Beverly Act. Civil Code S 1790 et seq. To succeed on a claim, a plaintiff the ...

Excerpt: ...mand for inspection is directed fails to serve a timely response, the party making the 4 demand may move for an order compelling a response. CCP S 2031.300 (b). The party to whom the demand was directed waives any objection to the demand by not responding. CCP S 2031.300(a). Unlike a motion to compel further responses, a moton to compel responses when no responses have been provided does not require the propounding party to demonstrate good cause...

Excerpt: ...March 3, 2022 and codified in 9 U.S.C. SS 401-402. The Act reads that "no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute." 9 U.S.C. S 402(a). Because Plaintiff is a "person alleging conduct constituting a sexual harassment dispute or sexual assault di...