Excerpt: ...e amendments contained in the proposed Second Amended Complaint are necessary, when he learned of the new facts he seeks to include in the Second Amended Complaint, and why he did not take steps to file the Second Amended Complaint earlier. The declaration he filed with the motion is not sufficient in this regard. ...

Excerpt: ...ombs v. Pierce (1991) 1 Cal.App.4th 568, 575.) Accordingly, an order of suspension or revocation may only be rescinded if the Court finds that the Department acted in excess of its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is not supported by the evidence. (Veh. Code § 13559(a).) Upon independent review of the record, this Court f...

Excerpt: ...idence”, which alone may “constitute a sufficient ground for denying the motion.” (Code Civ. Proc. § 437c(b)(1).) Plaintiff does include a section in his “memorandum of points and authorities” entitled “material facts”, which makes no effort to indicate that the “material facts” are undisputed and which does not comport with the format and content requirements imposed by the California Rules of Court. (Cal. Rules of Court, rule...

Excerpt: ...nt alleges sufficient facts to indicate that the FOLETTAS have conducted a number of activities on their property that are open and hostile to cross‐defendants' easement rights on the property. These activities include growing crops, grazing cattle, installing two containers for storage, installing electric fencing, and establishing an equestrian cross‐country training course, a “horse pacing track,” and an irrigation ditch. (Second Amend...

Excerpt: ... strike is untimely. However, no proof of service for the summons and complaint has been filed, and whether defendants Page 2 of 2 were ever properly served with the summons and complaint is unclear. Therefore, the court does not find the motion to strike to be untimely. The complaint alleges facts indicating that plaintiff HARRIS repeatedly advised defendants of the dangerous and defective condition of the heater and smoke detectors in her apart...

Excerpt: ...udice to some of the parties. This motion may be renewed if there are claims that do not settle at the mediation stage, and upon designation and/or discovery of expert witnesses, if the court at that later time can determine that the benefits of trial consolidation can be achieved without significant risk of prejudice. ...

Excerpt: ...of the subject accident by PARMOD KUMAR dba ROBY TRUCKING. [KUMAR's Undisputed Fact 3]. It is also undisputed for the purposes of this motion that KUMAR dba ROBY TRUCKING carried workers' compensation insurance for his employees, and that the insurer has provided workers' compensation benefits to the survivors of Levy. [KUMAR's Undisputed Facts 4‐6]. While KUMAR operated a trucking business and employed Levy under the fictitious business name o...

Excerpt: ...c bodies.” Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 555. Thus, meetings of public agencies should be made open to the public, unless a stated exception applies. Government Code §54953(a) [“All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter”]. There is...

Excerpt: ...n for her failure to produce any new or different matter at an earlier time. (Baldwin v. Home Sav. of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.). ...

Excerpt: ...halal v. Fireman's Fund Ins. Companies (1988) 46 Cal. 3d 287. As noted in California Practice Guide, Insurance Litigation at §§15:140 et seq.: Pleading Third Party Claims Against Insurers a. [15:140] No direct action generally: As stated earlier, a person injured by the insured generally has no direct action against the insured's liability insurer to obtain a settlement. See ¶ 15:11 ff. Page 3 of 4 b. [15:141] No joinder in action agai...

Excerpt: ...dice. Defendants have established that Plaintiff's action arises out of the investigation and prosecution of an action for code enforcement violations occurring at real properties owned by Plaintiff, which constitutes protected activity. (Squires v. City of Eureka (2014) 231 Cal.App.4th 577, 589; see, Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056 [a cause of action arising from a defendant's litigation activity is subject to special motion to str...

Excerpt: ... there does not appear to be a possibility of alleging such facts. Therefore, a judgment of dismissal as to the complaint of ERICKA JOHNSON only shall be entered. ...

Excerpt: ...luded no proposed pleading in intervention. While the motion claimed that CHANG WANG was an owner of the units at issue in this action, Plaintiff requested judicial notice of recorded documents showing that title to those two units was held only in the name of CHANG's wife (and defendant) YEN LING WANG. A spouse need not be named as a defendant, if the action concerns property or liability as to the other spouse. C.C.P. §370 [“A married person...

Excerpt: ...demurrer to the complaint against them, and ordered that they be dismissed in this case. At the request of plaintiff, the court continued the hearing on defendants' demurrer from May 3, 2018, to June 11, 2018. Plaintiff appeared at the hearing on June 11, 2018; the court indicated that it was sustaining the demurrer without leave to amend; and plaintiff asserted no objections. On June 14, 2018, the court issued an order sustaining the demurrer wi...

Excerpt: ...ich this Court may construe as an admission that the motion is not meritorious and cause for denial. (Cal. Rules of Court, rule 3.1113, subds. (a)‐(b).) And, Defendants have failed to identify any statutory requirement for verification of any of Plaintiffs' causes of action. “In general, complaints need not be verified” and “[v]erification is necessary only when called for by a particular statute.” (Murrieta Valley Unified Sch. Dist. v....