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Excerpt: ...plaintiff was scheduled two separate times following discussion between counsel regarding a date, and both times was taken off calendar due to plaintiff's counsel's personal conflicts which apparently arose after the dates were agreed upon. The third time plaintiff 's deposition was scheduled, again after counsel met and conferred regarding a date, plaintiff's counsel unilaterally “postponed” the deposition only 3 days before it was schedule...

Excerpt: ...g from the b reach. Civil Code §3300 [“the measure of damages . . . is the amount which will compensate the party aggrieved for all of the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom”]; CACI 300, 303 and 350 [breach of contract essential factual elements include that the breach was a substantial factor in causing harm to the plaintiff]. DMP's first amended complaint i...

Excerpt: ...nership interest in the Property. Legal Standard. The trial court may, in its discretion, allow amendments to pleadings “in furtherance of justice.” (Code Civ. Proc., § 473, subd. (a)(1).) The court has wide discretion here but repeatedly stated policy encourages liberalit y in allowing amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) In...

Excerpt: ...er plaintiff s may subsequently prove the allegations was of no concern in ruling on the demurrer. With regard to the second cause of action for enforcement of equitable servitudes, the first amended complaint states sufficient facts to constitute this cause of acti on. Although the first amended complaint alleges that some of the alleged maintenance problems were addressed by defendant HOA, it also alleges that maintenance problems continue to...

Excerpt: ...re to deny in tervention, would it not still have “complete discretion” to allow a non -party to appear as amicus curiae, “to be heard orally or by briefs on a legal question in which they are interested”, which may sometimes achieve the objects of intervention? 4 Witki n, California Procedure (6th ed. 2021) Pleading, §215, pp. 277- 278. Or couldn't KOL SHOFAR and/or EVERGREEN file a petition Page 1 of 4 for writ of mandamus? 4 Witkin, ...

Excerpt: ... 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. (Parker v. Twentieth Century -Fox Film Corp. (1970) 3 Cal .3d 176, 181 (Parker).) The motion is not to be granted where any triable issue of material fact exists. (Ibid.) The affidavits of the moving party are strictly construed, and doubts...

Excerpt: ...hat the cl aims upon which the application is based are claims for money based on a contract; the amounts sought are fixed; the claims are unsecured; and they are commercial claims. As to the procedural requirements, plaintiff has established that the claims are one s upon which an attachment may issue; the probable validity of the claims; the attachment is sought only for recovery of plaintiff's claims; and the amount to be secured by attachmen...

Excerpt: ...��) motion to join EXPRE SS's motion to compel arbitration. The court continued the matter to its present date and requested supplemental briefing on the following question: given that the court has denied the motion to compel arbitration with regard to Plaintiff's PAGA claims, d oes the arbitration agreement mandate dismissal of Plaintiff's class claims? The court has received supplemental briefing from Plaintiff and EXPRESS. The court disrega...

Excerpt: ...e verified re sponses without objections shall be served within 30 days of the date of service of this order to Form Interrogatories, Set One; Form Interrogatories, Set Two, and Special Interrogatories. Full and complete verified responses without objections shall be se rved, and responsive documents produced, within 30 days of the date of service of this order to Request for Production of Documents, Set One. Each of the requests in the Request...

Excerpt: ..., Buckhorn is an indispensable party, and must be joined in this action either as a plaintiff or as a defendant (involuntary plaintiff) under CCP Section 382. (Bank of Orient v. Superior Court (1977) 67 Cal.App.3d 588, 595). The demurrer is overruled to the extent i t is based on the contention that the cause of action for breach of contract is uncertain and fails to state facts sufficient to constitute a cause of action. The complaint alleges th...

Excerpt: ... (the “Vehicl e) from Defendant that they allege is defective due to a leaking coolant system, among other things. Plaintiffs therefore also present causes of action against Defendant for violation of the Song -Beverly Consumer Warranty Act (the “Act”). Notice of Tentative Ruling. Defendant's notices of demurrer and motion do not advise the recipient that the Solano County Superior Court uses a tentative ruling system, as is required under ...

Excerpt: ...any law]; 815.2( b) and 820.2 [immunity for public employee's act or omission when the act or omission was the result of the discretion vested in a public employee]; 815.2(b) and 821 [immunity for public employee's failure to enforce an enactment]. Enforcement of statutes and regulations is typically left to the discretion of the agency authorized to enforce, per constitutional principles. Gananian v. Wagstaffe (2011) 199 Cal.App.4th 1532, 1543 [...

Excerpt: ...y of the defenda nts. Even if proofs of service had been filed, the application could not be granted. Another requirement for a writ of possession is that there be sufficient evidence to establish the likely location of the vehicle. C.C.P. §512.010(b)(4) requires: A statem ent, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private ...

Excerpt: ...with respect to the allegations that defendant made defamatory statements during the prior litigation between him and his former employers, including plaintiff BROWN. (Complaint, pp. 7, 8, 9). These statements were allegedly made in or connected to a judicial proceeding, na mely, the prior litigation between the parties filed in San Joaquin County. Therefore, they constitute “protected activity” under CCP Section 425.16(e). Once defendant es...

Excerpt: ...s. The court did not rece ive timely opposition to this motion. Defendants' opposition was filed April 9, 2024; timely opposition was due April 4, 2024, nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) However, the court finds GREEN's meet and confer effo rts inadequate. Counsel for GREEN declares that counsel sent CHANG and YEN a meet and confer letter regarding Page 1 of 4 their perceived deficient discovery respons...

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: ... accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action. (Fox v. Endo -Surgery, Inc. (2005) 35 Cal.4th 797, 807.) Plaintiff alleges that he presented the vehicle for transmission -related issues to an authorized repair f acility on August 20, 2018, September 17, 2019, September 17, 2020, and February 17, 2023. (FAC, ¶¶ 26, 29 - 30, 35.) In each of these instances, the repair facility represent...

Excerpt: ...]. Defendant filed no responsive pleading in this action. The settlement agreement signed by Defendant in April 2021 and filed by Plaintiff, for which Plaintiff paid a first appearance fee on behalf of Defendant, is not a court -captioned document which provides an add ress of record provided to the court for Defendant to be later served by mail with any new filings. C.C.P. §1014. Plaintiff's inclusion of boilerplate language in the middle o...

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: ...e complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint must allege facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case “with reasonable ...

Excerpt: ...aration, but it made no effort to provide information about when the class action claims were discovered, or explain why they were not brought sooner. In addition, leave to amend can be denied when it appears the new allegations would not survive a later motion challen ge, such as by demurrer. Congleton v. National Union Fire Ins. Co. (1987) 189 Cal.App.3d 51, 62, quoting 5 Witkin, California Procedure (3d ed. 1985) Pleading, §1121, pp. 537- 538...

Excerpt: ...ve any settlement of any civil action filed pursuant to [the PAGA]” and that any proposed settlement must be submitted to the Labor and Workforce Development Agency simultaneously with the court. The trial court's task in reviewing a PAGA settlement is to ensure that the settlement is fair, adequate, and reasonable, as well as meaningful and consistent with the PAGA's goal of public benefit through increased enforcement of labor law. (Moniz v...