Excerpt: ...Civil Procedure section 430.30; Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The grounds for a demurrer are set forth in Code of Civil Procedure section 430.10. The grounds, as alphabetically identified in the statute, are: (a) the court lacks subject-matter jurisdiction; (b) the person filing the complaint lacks legal capacity to sue; (c) another action pending between the same parties on the same cause of action; (d) defect or misjoinder of parti...

Excerpt: ...he complaint on the same grounds as the demurrer is MOOT. The Court refers Plaintiff to Code of Civil Procedure section 372(a) which provides in part that “[w]hen a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding...

Excerpt: .... Code Civ. Proc. (“CCP”) § 425.16, and Moving Defendant's Demurrer. The anti-SLAPP Motion is GRANTED, which renders the Demurrer MOOT. I. The Complaint The FAC alleges that Defendants knowingly and intentionally prepared, filed, and recorded a knowingly false abstract of judgment against Plaintiff (the “Abstract”) and that they refused to be accountable or investigate it. Defendants were the attorneys of record for the plaintiff/judgmen...

Excerpt: ...fact knew of the potential claim against it because it was the licensee of the facility. It claims that there will be no prejudice to Plaintiff because the statute of limitations has not run and Plaintiff may therefore file a separate action against it instead of forcing it to litigate in this case without time to prepare for trial. Plaintiff opposes the motion, arguing that there is no authority allowing a party to quash service of summons and c...

Excerpt: ...nt which is not a shining example of pleading, Plaintiffs CQ Innovations, LLC (“CQ”) and James Clay (“Clay”), one of its managing members and owners, complain that Defendant Jesse Quiles (“Quiles”), the other managing member and owner of CQ, has breached his loyalty and business obligations to Plaintiffs as set forth in CQ's Operating Agreement (“the Agreement”). Clay and Quiles are allegedly founders and, currently, the only owne...

Excerpt: ...dgment discovery to Defendants by first-class mail on March 10, 2020; responses were due by April 17, 2020; Defendants have failed to provide responses although Plaintiff made an effort to resolve the matter informally on June 24, 2020 and again on July 6, 2020. Plaintiff moves the Court to compel Defendants to respond to the discovery. He also seeks monetary sanctions of $300 plus a $90 filing fee. Judgment creditors may propound written post ju...

Excerpt: ...y), which Defendants had manufactured, distributed, and sold, exploded when he was carrying it in his pocket, causing severe burns. He claims that he had bought the electronic cigarette, Battery, charger, and related parts (“the Items”) from Defendant Ecig 101 Digital Cigarettes, dba E-Cig 101 (“E-Cig 101”) but does not indicate when. He claims that the explosion and injury occurred on September 11, 2016 at Home Depot in Oklahoma City, Ok...

Excerpt: ...rd Cause of Action for Violation of the Song-Beverly Act Section 1793.2, Fourth Cause of Action for Fraudulent Inducement — Concealment, Fifth Cause of Action for Fraudulent Inducement — Intentional Misrepresentation, Sixth Cause of Action for Fraudulent Inducement — Negligent Misrepresentation, and Seventh Cause of Action for Negligent Repair against Defendants remain barred by the applicable statutes of limitations and fail to plead entit...

Excerpt: ...r an insurance policy in December 2016, Defendants promised to provide a policy with enough coverage and Defendants' agent promised that the policy provided would be sufficient to cover the Property “so that it all gets rebuilt”; Plaintiffs relied on Defendants and their agent to determine the proper amount of insurance coverage needed; Defendants knew of Plaintiffs' needs and reliance; Defendants were aware of the large number of homes which...

Excerpt: ...s to Plaintiff's causes of action, the motion is denied without leave to amend. The Code provides that a plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §438(c)(1)(A).) “The grounds for a motion for judgment on the pleadings mu...

Excerpt: ...nied. A defendant seeking summary adjudication need only “negate plaintiff's theories of liability as alleged in the complaint; that is, a moving party need not refute liability on some theoretical possibility not included in the pleadings” (emphasis in original); Johnson v. Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 636. Plaintiffs allege that they rent real property located on Timber Cove Road from the Defendants; and that they initiated...

Excerpt: ...) harassment; 4) interfering with the exercise of civil rights (Cal. Civ. Code § 52.1); 5) intentional infliction of emotional distress; 6) negligence/premises liability; and 7) breach of fiduciary duty. The Complaint alleges that Plaintiff suffered injuries and damages as a result of a physical and verbal altercation on June 22, 2017 with an employee named Anjelica Solorio, AKA, Martha Soloriolara at the Metro PCS store in the City of Healdsbur...

Excerpt: ...elated declaratory relief. This matter is on calendar for: 1) the motion by Plaintiffs for summary judgment, or in the alternative, summary adjudication of each cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c, on the grounds that the undisputed facts establish that under California law, “all Grange property must remain with the Grange”; and 2) the motion by Defendant for summary judgment or, in the alternative, summary ad...

Excerpt: ...rt that Defendant “negligently failed to exercise the proper degree of knowledge and skill in examining, diagnosing, treating, and caring for Plaintiff with respect to his custodial and medical needs, as set forth in this complaint, as a proximate result of which Plaintiff sustained injury to his body, and in his health, strength, and activities, and sustained injury to his mental health and shock and injury to his nervous system, all of which ...

Excerpt: ...ns under CCP section 473(b), which must be filed within 6 months of the entry of the order or default or judgment, whichever is at issue. Section 473.5 provides relief where service may have been proper but did not result in actual notice in time to defend the action. See Randall v. Randall (1928) 203 Cal.462, 464-465. The defendant or respondent is thus entitled to relief as long as the party did not receive actual notice, and imputed or constru...

Excerpt: ...d contribution. This matter is on calendar for the motion by Defendant/Cross-Defendant Dan Herrera, Jr. (“Herrera Jr.”) to stay this action, or in the alternative, to stay discovery on the ground that a felony criminal complaint was filed by the Sonoma County District Attorney's Office against him on March 13, 2019 alleging violation of B&PC § 7028.16. Herrera Jr. asserts that the criminal complaint arises out of the same operative events, t...

Excerpt: ...owever, on June 27, 2019, Day filed forms for substitution of attorney, substituting out and leaving each Defendant self-represented. Plaintiff now moves the court to strike the answer of Union on the basis that it is a business entity which may not appear without counsel. Although it has capacity to sue and defend, a corporation is not a natural person and therefore cannot appear in an action in propria persona. Merco Const. Engineers, Inc. v. M...

Excerpt: ... payments Plaintiff made on behalf of its insured. Defendant Faletto filed a cross-complaint against Defendant Hernan. At the August 8, 2019 Case Management Conference, at which the parties were required to appear, the court addressed Plaintiff's failure to file a CMC Statement and sanctions were ordered against Plaintiff's counsel, Lee Mendelson, in the amount of $250.00, payable within 10 days. The minutes reflect that the matter was continued ...

Excerpt: ... that Defendant Virginia Pasini (“Pasini”) owns the Property, Pasini entered into a master lease with Defendant Ridgeway Distribution (“Ridgeway”) for the Property, Ridgeway subleased the Property to Piner on November 1, 2017 (“Master Sublease”). The disputes and uncertainty have led to problems, including Ridgeway serving a notice of termination on Piner and Plaintiffs for defaults, leading Plaintiffs instead to pay rent directly to ...

Excerpt: ...g pursuant to CCP § 1030 on the grounds that Plaintiff resides outside of the State of California and Defendant has a reasonable probability of prevailing in the case (the “Undertaking Motion”). The Anti-SLAPP Motion, the Demurrer, and the Undertaking Motion were all heard on May 20, 2020 and on May 27, 2020 the Court issued an order: 1) granting the Anti-SLAPP Motion and dismissing the Complaint; 2) dropping the Demurrer on the basis that i...

Excerpt: ... by the settlement administrator after the moving papers were filed, andcontingent uponPlaintiff filing a corrected Cohen Declaration attaching the referenced Exhibit 4, the Motions would be granted but that the requested service award to Plaintiff would be reduced to $6,000 and Plaintiff's attorneys' fee award would be reduced to $62,500, with a corresponding increase of $ 22,333.33 to the Net Settlement Fund available to the participating membe...

Excerpt: ...ted Parties by registered mail. Plaintiff filed proof of service on August 21, 2014 for the petition, notice, and claim form showing service that day on one named Interested Party, Hongxia Li (“Li”) by mail. Plaintiff filed a new proof of service on April 14, 2015, showing service on both named Interested Parties, that day, by mail. The same day, Plaintiff filed a declaration explaining that the Property had been seized from the Interested Pa...

Excerpt: ...rt, which was not the trial court, has the ability to hear and determine the motion.” (See, Court's July 15, 2020 Minute Order.) The Court stated that it's “[v]iew is that the parties have the right under CCP section 635 to request the Presiding Judge, or his designee, enter judgment in conformity with the trial judge's Statement of Decision, and nothing more. However, as this issue was not addressed by the parties, the matter is continued to...

Excerpt: ...f authority to grant fees related to the ex parte application that was filed in this court. The unopposed motion is GRANTED. This case concerned the failure of the owner and general contractor to pay retention monies owed to subcontractor MBO for work that was performed for a residential construction project, including infrastructure, located in Healdsburg, California (the "Project"). The Project is owned by defendants Jeffrey Aresty and Patricia...

Excerpt: ...ludes causes of action for: 1) breach of contract (against Nationwide, Amco, and Vega); 2) breach of the implied covenant of good faith and fair dealing (against Nationwide, Amco, and Vega); 3) financial elder abuse (against Nationwide, Amco, and Vega); 4) breach of contract (against Empire); 5) financial elder abuse (against Empire); and 6) conspiracy (against Nationwide, Amco, Vega, and Empire). This matter is on calendar for the demurrer by Na...