Excerpt: ...ection 436 states that “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed on conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc. §436.) “A motion to strike, like a demurre...

Excerpt: ... M.D. (“Mahmood”) moves the Court to quash service of the summons and complaint and dismiss the action on the ground that there is no personal jurisdiction over him. Code of Civil Procedure section 418.10 allows a defendant to file a motion to quash service of summons or stay or dismiss the action. It states that a party may 1) seek to quash for lack of personal jurisdiction; 2) stay or dismiss due to inconvenient forum; or 3) dismiss pursuan...

Excerpt: ...er the same series of events. Under Code of Civil Procedure section 1048(a), a party may seek to consolidate separate actions “involving a common question of law or fact...pending before the court ....” The moving party must demonstrate that the cases to be consolidated involve the same common issues of law or fact and that consolidation will avoid “unnecessary costs and delays” to the court and parties. Code of Civil Procedure section 10...

Excerpt: ...sical examination, the defendant must obtain leave of court. (Code Civ. Proc. §2032.310(a).) A motion to compel an additional physical examination must “specify the time, place, manner, conditions, scope and nature of the examination, as well as the identity and specialty, if any, of the person or persons who will perform the examination…” (Code Civ. Proc. §2032.310(b).) Additionally, the defendant must make a showing of “good cause” ...

Excerpt: ...t for monetary sanctions is DENIED. With respect to requests 139-146, 148 and 222, the Court notes that Defendant provided supplemental responses on October 9, 2020, after the motion was filed. Thus, the supplemental responses restart the clock for the parties to meet and confer and if necessary, for Plaintiff to file a motion to compel. (See, Code Civ. Proc. §2030.300(c) [deadline for filing motion to compel runs from date of service of respons...

Excerpt: ...use she wished to remain one of Plaintiff's attorneys in the appellate matter. Kyrias filed lien notices against Plaintiff, claiming that she was enforcing a judgment against him. After a hearing in April 2019, this Court granted Plaintiff's motion to strike the lien notices, awarded to Plaintiff attorneys' fees and costs incurred regarding the lien notices, and granted Plaintiff's motion to disqualify Kyrias from further representing Plaintiff. ...

Excerpt: ... for attorneys' fees and costs of $48,339.74. “A prevailing buyer in an action under the Song-Beverly Act ‘shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.'” (Morris v. Hyund...

Excerpt: ...laint ¶¶8, 11 and Ex. A.) The lease was eventually assigned to Plaintiff and Plaintiff now alleges that Defendants breached the lease, in part, by “failing to provide full possession absent interference of the Property in contravention of Plaintiff's rights under the Contract.” (Id. at ¶31.) In the complaint, Plaintiff asserts multiple causes of action, including the three above-referenced contract- based causes of action, against Rory; Da...

Excerpt: ...ry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. The Court thanks Demurrer Facilitator Dona Cohn-Payne and appreciates her assistance with regard to the demurrers set for hearing on December 2, 2020. Judicial Notice Defendant seeks judicial notice of Plaintiffs' government claims served on April 3, 2018, as well as the order sustain the demurrer, without leave to amend, in the case of...

Excerpt: ...ment (“the Lease”) and Defendant had failed to pay rent as agreed but had refused to vacate the Property or pay rent in accord with a 3-day notice to pay rent or quit which Plaintiff had served and posted on February 7 and 8, 2020. Defendant filed a demurrer on March 6, 2020. The hearing was set for March 19, 2020, but continued ultimately to November 16, 2020 due to the Covid-19 circumstances. The parties informed the Court on November 16, 2...

Excerpt: ...2011) 192 Cal.App.4th 1149, 1158–1159 [“a pleading made on information and belief is insufficient if it merely assert[s] the facts so alleged without alleging such information that lead[s] [the plaintiff] to believe that the allegations are true.”].) Proctor & Gamble's demurrer to Plaintiff's sixth cause of action for negligence is SUSTAINED, with leave to amend, on the grounds the cause of action is duplicative. (See, Palm Springs Villas I...

Excerpt: ...stipulation and proposed order. Code of Civil Procedure section 436 states that “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed on conformity with the laws of this state, a court rule, or an order of the court.” (Code...

Excerpt: ...d on Defendants on July 8, 2019. Specifically, the motion addresses defendant Hammer's response numbers 1-8; defendant Trustee's response numbers 1, 5-9; and, defendant Western's response numbers 1, 2, 5, 6, 9, and 10. Plaintiff seeks monetary sanctions. The motion is GRANTED for the limited purpose of requiring Defendants to amend their statements to comply with CCP section 2031.230. Sanctions are DENIED. Plaintiff has not provided specific fact...

Excerpt: ...scuss the alleged violations and warning of penalties should he fail to comply. In June 2018, an inspector conducted a site inspection, observing the violations and posting a Notice and Order for Junkyard Conditions, advising Defendant that he needed to remedy the situation to avoid further penalties and fees but that he could appeal within 30 days. Plaintiff thereafter mailed a copy of the Notice and Order to Defendant as well. Plaintiff in Augu...

Excerpt: ...or January 28, 2021 at 3:00 p.m. in Department 17. As set forth below, Plaintiff's counsel is directed to pay Defendant $175 within thirty (30) days. The procedural history, as stated in Plaintiff's counsel's declaration and reflected in the docket, shows that Plaintiff filed a proof of service of the summons and complaint by substitute service and then entered a default in October, 2019. Plaintiff's counsel moved ex parte to have Plaintiff's sta...

Excerpt: ...503.16 for the reasonable expenses, including attorney's fees and costs, incurred by Plaintiff as a result of Hansel's material breach of the agreement to arbitrate. Recently-enacted CCP § 1281.97 provides for monetary sanctions in the event that the drafter of an employment or consumer arbitration agreement fails to pay arbitration-related fees. Subdivision (a) provides: “In an employment or consumer arbitration that requires, either expressl...

Excerpt: ...astopol (“the Property”) from Defendant Timothy Covington (“Covington”) with escrow closing on March 22, 2019 but that afterwards it discovered that Covington intentionally mislead it about the source of the water on the Property, specifically stating falsely that a well provided sufficient water to supply the Property's needs. Plaintiff complains that the other Defendants (“the Broker Defendants”) handled the transactions as real est...

Excerpt: ...eclaration of necessity” for purposes of exceeding the presumptive limit of 35 Requests for Admission and Special Interrogatories. Plaintiff opposes both motions, both on procedural grounds (inadequate meet and confer efforts) and substantive grounds. Moving party filed reply briefs for both motions. Plaintiff filed objections to both reply briefs. Plaintiff's objections are OVERRULED. Both parties' briefs spend a great deal of time addressing ...

Excerpt: ...imposes, as explained herein. To the extent that the court denies any portion of the motion, this denial is without prejudice to Petitioner later making the same or similar request in the future based on new information or circumstances which may warrant the discovery requested. The Action Petitioner challenges the approval of a 16-dispenser fuel station (“the Project”) belonging to Real Party in Interest Safeway, Inc. (“RPI”) at the corn...

Excerpt: ...ion of Cal. Bus. & Prof. Code § 729); 3) wrongful death (Cal. Code Civ. Proc. (“CCP”) § 377.61); and 4) survival action (CCP § 377.20 et seq.). Defendants' demurrer and motion to strike directed at the Complaint is pending and currently set for January 22, 2021. Meanwhile, after Mother Plaintiff had filed her Complaint in this action, Decedent's father Patrick French (“Father Plaintiff”) also filed a complaint against Defendant Patrine...

Excerpt: ...ertheless, the proofs of service filed on November 15, 2010 show that both Defendants were served by substitute service in Sacramento, California on October 31, 2010 by leaving the documents with Brian Pyle (identified as “occupant” and in Defendant Pyle's POS “occupant/son”), after the process server made several attempts to serve each of the Defendants personally at that same Sacramento address during the prior week. The case was initia...

Excerpt: ...ng taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect” and any such “[a]pplication for this relief…shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Code Civ. Proc. §473(b).) Discretionary relief under section 473(b) is “applied liberally where the party in default moves promptly to seek relief, and the...

Excerpt: ...employer, USI, and its ultimate parent company, USI Advantage, notwithstanding having signed various agreements containing post-employment restrictive covenants they allege are not enforceable under California law. USI filed the presently operative First Amended Cross-Complaint against the Individual Plaintiffs and Kenneth A. Keeney with causes of action for: 1) breach of the duty of loyalty; 2) breach of fiduciary duty; 3) intentional interferen...

Excerpt: ...responses to the subject special interrogatories and pay $1,480 in sanctions to Defendants within twenty (20) days of service of the Court's final ruling. “California law provides parties with expansive discovery rights.” (Lopez v. Watchtower Bible & Tract Society of N.Y., Inc. (2016) 246 Cal.App.4th 566, 590-591.) Specifically, the Code provides that “any party may obtain discovery regarding any matter, not privileged, that is relevant to ...

Excerpt: ... and (b)(11), and CCP § 526(a) (the “Complaint”). The parties stipulated to appointment of a receiver and issuance of a preliminary injunction, and an order thereon, appointing Douglas P. Wilson of Douglas Wilson Companies as receiver (the “Receiver”), was entered on December 26, 2019. The Receiver was appointed to take possession of and manage a parcel of approximately 18 acres of undeveloped land formerly used as a mobile home and trai...