Excerpt: ...ress, menace (extortion), and conspiracy (the "Complaint"). Defendant filed a special Anti-SLAPP motion to strike pursuant to Code Civil of Procedure ("CCP") S 425.16 ("the Motion to Strike"). The Moton to Strike was granted by this Court on April 13, 2022, ("Order") and plaintffs appealed. While the appeal was pending, this court granted Defendant's Motion for Attorneys' Fees and Costs based on CCP 5425.16 and the court's Order granting the Moti...

Excerpt: ...complaint on July 25, 2022, Plaintiff filed of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3621 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained the default of Defendant. Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream'...

Excerpt: ...stained with leave to amend as to Jane Does #3, #6, and #7's third cause of action against Defendant; 4. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fourth cause of action against Defendant; 5. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fifth cause of action against Defendant; 6. The Demurrer is sustained with leave to amend as to Jane Does #1, #2, #3, #5, and #7's eighth cause of actio...

Excerpt: ...147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superiorcourt (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. ...

Excerpt: ...osa, California, with causes of action for: 1) wrongful foreclosure; 2) cancellation of instrument; 3) quiet title; 4) violation of Civ. Code S 2924f; 5) violation of Civ. Code S 2923.5; and 6) violation of Business and Professions Code S 17200 et. seq. This matter is on calendar for PLM's demurrer to all causes of acton within the Complaint pursuant to CCP S 430.10(e) for failure to state facts sufficient to constitute a cause of action. Plainti...

Excerpt: ...OT given the sustaining of the demurrer to the Fourth and Fifth Causes of Acton. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 ...

Excerpt: ...oth Fire and Hunsaker. Evidentiary and Procedural Issues A. Citations The Court previously raised the issue that Plaintiff c:ited Bagdadi v. Go Daddy Software, Inc. (2CM) 154 Cal.App.4th 1176 and Anderson v. Continental Insurance, Co. (1992) 6 Cal.App.4th 1659, in the motions. When the Court sought to get clarification as to these decisions, and whether they somehow countermand the decisions in R & B Auto Center, Inc. v. Farmers Group, Inc. (2W6)...

Excerpt: ...Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or fa...

Excerpt: ...Cal.4th 540, 643 ["We conclude that the FEHA, like similar federal statutes, allows persons to sue and hold liable their employers, but not individuals. Our conclusion also applies to common law actions for wrongful discharge."] Any amended pleading shall be filed not later than 10 court days after service of notice of an order on this motion. Given the grant of leave to amend, the trial date of October 13, 2023, is VACATED. The case is scheduled...

Excerpt: ..., which are part of the Confidentiality of Medical Information Act ("CMIA"). This matter is on calendar for Defendants' demurrer to all causes of acton within the Complaint pursuant to CCP S 430.10(e) for failure to state facts sufficient to consttute a cause of action. The Demurrer is SUSTAINED with leave to amend. Legal Standards A. Demurrers Generally A demurrer can be used only to challenge defects that appear on the face of the pleading unde...

Excerpt: ...the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or l...

Excerpt: ...Material Fact "UMF" 4-5,9.) Defendant Ben Zabinsky"s property is one of these parcels. (Ibid.) Plaintiffs' property is another of the parcels. (Ibid.) The portion of land in front of the parcels that is now at issue was owned by the former owners of all of the parcels of land, Mr. and Mrs. Estrella. (UMF 72.) Plaintiffs now own the portion of the easement that is directly in front of Defendant's property. (UMF 72.) The Estrellas sold what is now ...

Excerpt: ...ct, and that consolidation would avoid unnecessary costs, delays, duplication of proof, and inconsistent rulings. Specifically, both of these cases arise from the same incident that occurred on February 22, 2019, wherein plaintiff Dorian Gabriel Guerrero ("Guerrero") sustained an industrial injury from a concrete hose as a result of the alleged negligence of defendants Kyle David Shepherd, Gallagher Construction, Inc., William Gallagher, and Craf...

Excerpt: ...rgument that Petitioner must have sought costs with the arbitrator and therefore cannot now seek them in these judicial proceedings. While these cases did find that costs should have been sought with the arbitrator, these cases also involved "broad" arbitration agreements which did not limit the arbitrator's power in any way." If the parties' agreement does 'not limit the issues to be resolved through arbitration, the issue of [a party's] entitle...

Excerpt: ...s and Recreation, through which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1; Administrative Record ["AR"], AR000004.) At the time, Decedent's registered domestic partner was real party in interest, Donna Starr ("Starr"). (Petition, at Exhibit A, pg. 2, 2; AR, AR000005.) Decedent listed Starr as a beneficiary when she rebred in 2015 and started receiving a monthly retirem...

Excerpt: ...intiffs' request for an Order to Show Cause re: Contempt for violations of court orders, and for TRVFD's request to dissolve the preliminary injunction issued August 4, 2021. As to the Contempt, the matter is APPEARANCES REQUIRED. The motion to dissolve the preliminary injunction is DENIED. Underlying Facts Plaintiffs' causes of action are predicated on allegations of violations of the use Permit issued for TRVFD's property adjoining the property...

Excerpt: ...ery regarding California's jurisdiction over VADO and Orangeworks. Plaintiff Smashmallow LLC ("Smashmallow") filed this complaint against Orangeworks and VADO alleging causes of action for Actual Fraudulent Transfer and for Tortious Interference. Orangeworks is the parent company of Tanis Food Tech 8M. ("Tanis"). (Complaint, 95.) On October 11, 2022, Tanis and Orangeworks were acquired by VADO, a Dutch private equity firm. (ibid.) Smashmallow has...

Excerpt: ...he required information regarding the other parent and properly serve sufficient notice on the other parent, or demonstrate either that the other parent is not living, or that Petitioner is unable to identify or locate the other parent after making a reasonably diligent effort to do so. Petitioner must provide evidence and explanation suffcient to satisfy these requirements. If Petitioner does not provide the required information or documentation...

Excerpt: ...is without prejudice as this defect may be readily cured and, while not a best practice, the law does not prohibit bringing a motion for sanctions separately from the underlying motion to compel. (London v. Dri-Honing Corp. (2Cu) 117 Cal.App.4th 999, ICOS.) Plaintiff's counsel shall submit a written order consistent with this motion and in compliance with Rule 3.1312. A motion to compel further responses to a request for production of documents m...

Excerpt: ...plitter which caused Plaintiff's injury. Defendant's undisputed Material Facts ("DUMF") '1 1. Defendant did not have any responsibility for creation of the wood splitter, or its transition into the market place. DUMF '1 3-5. Defendant borrowed the wood splitter. DUMF '12. The Burdens on Summary Judgment and Adjudication A. Generally Summary adjudication "shall be granted if all the papers submitted show that there is no triable issue as to any ma...

Excerpt: ... dismissal. The motion is DENIED. Governing Law A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee." CCP S 656. However, "[tlhe right to a new trial is purely statutory, and a motion for a new trial can be granted only on one of the grounds enumerated in the statute." Fomco, Inc. u Joe Maggio, Inc. (1961) 55 cal.2d 162, 166. The verdict may be vacated and any other decisio...

Excerpt: ...ow Cause re Dismissal for lack of prosecution on December 15, 2022. The OSC hearing was set for February 16, 2023. Plaintiff nor their counsel appeared at the February 16, 2023 hearing. The case was dismissed as a result of Plaintiff's non-appearance. This motion was filed August 7, 2023. The parties signed a stipulation settling the matter in October of 2022. Governing Law "The court may, upon any terms as may be just, relieve a party or his or ...

Excerpt: ...equests for Admissions, Set One ("RFAs"). Plaintiff subsequently moved the court to order the RFAs, be deemed admitted on the basis that Defendant had failed to respond. The court granted the motion in full after the hearing of January 6, 2023. Motion Plaintiff moves the court for judgment on the pleadings in it favor on its complaint against Defendant. It argues that the court deemed the RFAs admitted and that these demonstrate that there is no ...

Excerpt: ...ory fraud (the "FAC"). This matter is on calendar for Defendant's demurrer to the seventh cause of action within the FAC pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of achon and CCP S 430.10(f) for uncertainty. Defendant's demurrer to Plaintiff's First Amended Complaint is OVERRULED. Governing Law A. Standard on Demurrer A demurrer can be used only to challenge defects that appe...

Excerpt: ...er with KFH and Health Plan, "Defendants"), and Does 1-50, arising out of Defendants' care of Decedent. This matter is on calendar for the petition by the Defendants to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendants' petition to compel arbitration and stay proceedings is DENIED. l. Facts and Procedure The Decedent signed an "Enrollment Application" in April of 2004. See Woods Declaration in Support ("Woods Decl."...