Excerpt: ...he cause of action brought against him.” Code of Civil Procedure section 428.10(b). This includes situations where a defendant claims another is at fault for the injuries alleged in the complaint and seeks equitable indemnity. See, American Motorcycle Ass'n v. Sup. Ct. (1978) 20 Cal.3d 578, 607; Platt v. Coldwell Banker Residential Real Estate Services (1990) 217 Cal.App.3d 1439, 1445. The defendant need only allege that the injury alleged in t...

Excerpt: ... 1078 (“as long as a complaint consisting of a single cause of action contains any well-pleaded cause of action, a demurrer must be overruled even if a deficiently pleaded claim is lurking in that cause of action as well”). For example, if a party directs a general demurrer against a cause of action labelled “fraud” based on failure to state that cause of action, the demurrer will fail if the complaint sets forth a valid cause of action f...

Excerpt: ...to a contractual relationship with them. Generally, attorneys in California owe no duty of care to non-clients with whom they are not in privity. Borisoff v. Taylor & Faust (2004) 33 Cal.4th 523, 529. Plaintiffs argue that there is an attorney-client relationship with Taran but the agreements attached to the complaint all show that Taran signed only for Plaintiff Wholistic Investments, LLC (“Wholistic”) and that Wholistic was the only client....

Excerpt: ...t motion is GRANTED in part and DENIED in part and the second motion is DENIED, as set forth below. I. The Motion to Compel re: Interrogatories and RFAs If a party to whom interrogatories were directed fails to serve a timely response, the responding party waives all objections, including those based on privilege and work product protection, and the propounding party may move for an order compelling responses. CCP §§ 2030.290(a),(b); see also S...

Excerpt: ...d Rebecca Call as Class Representative; (d) name JND Legal Administration as Claims Administrator; (e) approve the Class Notice to be sent to the Settlement Class; and (f) schedule a final approval hearing date (the “Motion”). The parties are required to APPEAR to address the issue described in section III below. I. The Complaint The presently operative First Amended Complaint (“FAC”) alleges that Defendant misclassified its Image Reviews...