Excerpt: ... clause was upheld by the courts in the past, and should be similarly upheld here. (Fritelli, Inc. v. 350 N. Canon Drive, LP (2011) 202 Cal.App.4th 35). Although defendant did not submit a copy of the lease signed by plaintiff, defendant did submit a copy of the leas e initialed by plaintiff, a guaranty of the lease signed by plaintiff, and an addendum to the lease signed by plaintiff, which acknowledged that the parties entered into the lease, n...

Excerpt: ... a minor at a VCUSD school in 1968. New Trial Motion After Demurrer. A new trial motion lies where a judgment of dismissal has been entered following sustention of a demurrer without leave to amend, as is the case here. (Evarts v. Jones (1959) 170 Cal.App.2d 197, 206.) Gro unds for new trial in this situation include decisions unsupported by the law or errors in law. (Code Civ. Proc., § 657, subds. (6)- (7).) Legal Standard on Demurrer. “The f...

Excerpt: ...RS, INC.; WISE NORTH BAY, INC.; WISE RIDERS, INC.; WISE SAN MATEO, INC.; WISE MARIN, INC.; and K.E.W. CORP. (“Demurring Defendants”) attacked all causes of action alleged against some or all of them, save one, the 9th cause of action for violation of UCL. The basis for demurrer to each of the other causes of action alleged against them was failure to state a cause of action. Class action claims asserted can only be brought against the defenda...

Excerpt: ...24. Should Defendant Turley fail to appear for deposition as agreed, absent a good faith reason or substantial justification, the court shall impose a sanction upon Mr. Turley only of $1000, which shall then be due and payable to Plaintiff not later than 30 days afte r the scheduled deposition date. At that time, a second deposition date will be scheduled with Mr. Turley. Should he fail again to appear as agreed, the court will consider contempt...

Excerpt: ... Linforth v. White (1900) 129 Cal. 188, 190; Gortner v. Gortner (1976) 60 Cal.App.3d 996, 999.) Plaintiff's proof of service shows service by mail, addressed directly to Defendant Green Dot, at an address in Sacramento different from the address given for Defendant Green D ot's attorney of record. Additionally, both motions lack merit. Plaintiff's motion for leave to file an untimely “answer” to Defendant's demurrer is moot, the court having...

Excerpt: ...glect. Thoug h the moving party bears the burden of showing that its mistake or neglect was excusable, any doubt as to that showing must be resolved in the moving party's favor to promote legislative policy favoring trial on the merits. (New Albertsons, Inc. v. S u p e r i or Court (2008) 168 Cal.App.4th 1403, 1420.) SERITAGE presents evidence that it acted promptly to secure an attorney by tendering its claim to its insurance carrier Sedgwick on...

Excerpt: ...7200. Summarized, Plaintiff's complaint alleges that Plaintiff, DISCOVERY, SEENO III, and Defendant VILLAGES AT FAIRFIELD, LLC (“VILLAGES”) participated in a development project for the City of Fairfield for which Plaintiff and co - developers who are not presently parties w ere awarded public facility fee credits. Plaintiff alleges that Defendants converted the fee credits to their own use by applying the credits to Defendants' separate dev...

Excerpt: ... this lo cal rule in substantially the following form: “Notice: The Superior Court in and for Solano County has adopted a tentative rulings system that is described in the court's local Rule 3.9. Failure to comply with Rule 3.9 may seriously affect parties' rights in this case.” The notice of motion filed here fails to contain this notice. CRC 3.1700 requires court costs to be requested by filing and service of a memorandum of costs, within...

Excerpt: ...ichment. Summarized, the 1AC alleges that GOMEZ has left construction equipment and debris on SHARMA's agricultural land, preventing access to portions of the land, posing a hazard to persons on the land, and otherwise damaging the land. Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). The court takes judicial notice of GOMEZ's second amended complaint, SHARM...

Excerpt: ...ained only where the complaint is so bad that the defendant cannot reasonably respond, or cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against it. Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822; Edmon & Karnow (Weil & Br own), Civil Procedure Before Trial, §§7:85 and 7:86. It seems reasonably clear, and confirmed by the extensive arguments raised by LAWC and AABMI in support of the...

Excerpt: ...r. “The function of a demurrer is to test the su
¯iciency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is su
¯icient if it alleges ultimate rather than evidentiary facts, but the plainti
¯ must set forth the essential facts of his or her case “with reasonable precision and with particularity su
¯icient to acquaint [the] defendant with the nature, source and ...

Excerpt: ...JEFFRIE LELEA (“LELEA”) starting in 1999 while he was a youth director and youth group leader with COMMUNITY PRESBYTERIAN. Legal Standard on Demurrer. “The function of a demurrer is to test the su
¯iciency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is su
¯icient if it alleges ultimate rather than evidentiary facts, but the plainti
¯ must set forth the ess...

Excerpt: ...the pleadings].) The court has not received opposition from Plainti
¯. The elements of a claim for common counts and/or account stated are: (1) previous transactions between the parties establishing the relationship of debtor and creditor, (2) an agreement between the parties, express or implied, on the amount due from the debtor or creditor, and (3) a promise by the debtor, express or implied, to pay the amount due. (Zinn v. Fred R. Bright Co. ...

Excerpt: ...al.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 219 Cal.App.3d 1252, 1263- 1264; McMartin v. Childrens' Inst. Int'l (1989) 212 Cal.App.3d 1393, 1408.) Although Plainti
¯ Þled a motion for leave to Þle a Þrst amended complaint on January 5, 2024, which included a proposed Þrst amended complaint that added some factual allegations actually directed against Defendant Green Dot, these limited allegations primarily asserting that “Defendant G...

Excerpt: ...gainst possible statutory liability as the vehicle owner (PIMENTA), or to establish the limits of such liability are $15,000 (TURO). C.C.P. §437c(p)(2). Summary adjudication is proper only as to a “cause of action, an a
¯irmative defense, a claim of damages, or an issue of duty. C.C.P. §437c(f)(1). A vehicle owner has at a minimum statutory liability for a motor vehicle accident caused by a permissive user (in the present case, ANTONIN STAUD...

Excerpt: ...Civil Procedure section 9981 and then failed to obtain a more favorable result in the ultimate settlement of the case. Availability of Motion. Though Plaintiff primarily styles her motion one for reconsideration of the court's order under Code of Civil Procedure section 1008, subdivision (a), it is more properly construed as a renewed moton under section 1008, subdivision (b) as it seeks the same order as one previously sought and granted only in...

Excerpt: ... see, De$t of the Air Force v. Rose (1976) 425 U.S. 352, 372 [asserting that disclosure of "the kind of confidential personal data usually included in a personnel file" would be an invasion of personal privacyl.) Consequently, Defendant has met her burden of establishing a legally protected privacy interest in her employment records and a threatened serious invasion of that interest, shifting the burden to Defendant to raise "whatever legitimate ...

Excerpt: ...failure to prevent harassment against COCR. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (Code Civ. Proc., S 437c, subd. A summary judgment moton is properly granted where the evidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not show facts sufficient to present a triable issue of fact...

Excerpt: ... a public entity is not liable for damages awarded under Secton 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant. The demurrer is sustained without leave to amend as to Plaintiff's inclusion of CALIFORNIA MEDICAL FACILITY as a named defendant. The California Medical Facility (CMF) is one of many prisons over which CDCR has jurisdiction. Penal Code 55003(f). Other statutes conf...

Excerpt: ...his local rule in substantially the following form: "Notice: The Superior Court in and for Solano County has adopted a tentative rulings system that is described in the court's local Rule 3.9. Failure to comply with Rule 3.9 may seriously affect parties' rights in this case." The notce of motion filed here fails to contain this notice. CRC 3.1700 requires court costs to be requested by filing and service of a memorandum of costs, within 15 days a...

Excerpt: ...t notes that VCUSD's demurrer targets Plaintiff's second amended complaint. However, Plaintiff does not have a second amended complaint on file. Plaintiff's attempt to file a second amended complaint on September 28, 2023 was rejected due to presenting for filing outside of the tme period the court allowed. The court exercises its discretion to consider the demurrer as against Plaintiff's still-operative IAC on the basis that the factual allegati...

Excerpt: ... Defendant JAMES DOE ("DOE"). Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). VCCISD requests judicial notice of a June 15, 2023 order partially sustaining a demurrer in Contra Costa County case C22- 02613, Jane Doe v. Acalanes Union High School District. The court declines to take judicial notce of the proffered order at this time, for purposes of this demu...

Excerpt: ...pleaded with specificity. (Knox v. Dean (2012) 205 Cal.App.4th 417, 434.) If a claim is based on a statutory duty, facts showing the existence of the claimed duty and the statutory elements of a violation must be pleaded with particularity. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790; Khoury v. Maly's of Cal. , Inc. (1993) 14 cal.App.4th 612, 519; Zuniga v. Haus. Auth. (1995) 41 cal.App.4th 82, 95; searcyv. Hemet Unified Sch...

Excerpt: ... pp. 3:21-28, 4:17-23.) Plaintiff's motion is a moton to compel further responses, which requires a separate statement. (Cal. Rules of Court, rule 3.1345(a)(2).) The failure to provide a compliant separate statement is a sufficient basis to deny the moton. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) Additionally, the responses are not evasive just because Plaintiff's counsel does not find them credible. Not only are the responses verifi...

Excerpt: ...amed plaintiff. Fierro v. Landry's Restaurant Inc. (2019) 32 Cal.App.5th 276. In Fierro, one set of named plaintiffs filed a wage and hour purported class action case against an employer. That case was eventually dismissed by the court for failure to bring it to trial within five years. Within days, a new wage and hour purported class action case against that same employer was filed, by a new named plaintiff. The trial court sustained the employe...