Excerpt: ...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 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. (Rakestrawv. California Physicians' Service (2000) 81 Cal.App.4th 39, 43;...

Excerpt: ...sts whether the complaint sufficiently states a valid cause of acton. (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 suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclus...

Excerpt: ...ice of motion states that Plaintiff seeks to appoint Michael Brewer as the receiver; however, the memorandum and declarations filed in support of the motion make clear that Plaintiff seeks to appoint Landon McPherson as the receiver. Appointment of a receiver is generally controlled by CCP SS 564, et seq. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code ("CCP") S 699.720(a)(1)), and t...

Excerpt: ...e doctrine of laches. Cross-Defendants also demur to the second cause of action on the basis that it fails to state a cause of action. The Court notes that Cross-Defendants did not file a reply to Cross-complainants' opposition to this moton. Legal Standard A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberall...

Excerpt: ...acts sufficient to constitute a cause of action. The Court previously sustained a demurrer by FATC to this same cause of action, with leave to amend. Plaintiffs subsequently filed an amendment to the original complaint which alleges facts to support the cause of action against FATC The complaint was originally devoid of any factual allegations to support the negligence cause of action against FATC. Plaintiffs have now alleged that FATC breached i...

Excerpt: .... Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption; (c) agency; (d) veil-pier...

Excerpt: ... (Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523.) It is a remedy which must be narrowly applied. (ld. at 524.) Therefore, the modern policy is to restrict lis pendens. (See Hilberg v. Sup.Ct. (Mendrin) (1989) 215 cal.App.3d 539, 542.) Only a "real property claim" can support a lis pendens. (CCP S 405.1.) A lis pendens "claimant" is "a party to an action who asserts a real property claim and records a notice of the pendency of the action." (...

Excerpt: ...rial date of February 16, 2024 is vacated. The Court will sign the proposed orders lodged with the moving papers. This matter arises out of a contract for the sale of a vehicle by Defendant Hansel Ford to Plaintiff. Defendant Ford Motor Company manufactured the vehicle. Plaintiff alleges several causes of action including, violations of Civil Code S 1793.2, breach of the implied warranty of merchantability, and negligence per se. Defendants move ...

Excerpt: ...c facts show-ng 'good cause' justifying the discovery sought by the demand." (CCP Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of show-ng 'good cause' simply by showing that the requested documents are relevant to the case, i.e., that it is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence under CCP S 2017.010. (See al...

Excerpt: ...e parties dispute the suffciency of the meet and confer efforts regarding this motion. "A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer." (CCP S 430.41; Dumas v. Los Angeles County Bd. Of Supervisors (2020) 45 Cal.App.5th 348, 355.) Accordingly, the Court does not sustain the demurrer on this basis. Procedural History: This matter involves a long and complicated...

Excerpt: ..., the demurrer facilitator notes the parties did not provide the facilitator with the briefs and Defendant did not appear at the initial teleconference and then failed to provide an excuse for the nonappearance. Sonoma County Local Rule 4.17 addresses the demurrer facilitator program. 80th parties had an opportunity to refuse to participate in the program but never filed a notce of intent to opt out of the program. Despite this unfortunate inform...

Excerpt: ...The County of Sonoma for the County to rent Plaintiff's "Villa Building" for the County to house Covid-19 positive individuals who required isolation. According to the "Occupancy Agreement" entered into by the parties, in exchange for the possession and control if the building, the County was required to pay rent and, when it was ready to leave, to repair and clean the premises pursuant to the requirement of the Occupancy Agreement. Plaintiff all...

Excerpt: ...d an order granting Defendants Acrisure of California, LLC, Michael Holzman, and Lynne Wallace's motion for summary judgment. Plaintiff had alleged the following causes of action against these defendants: 1) 2) 3) 4) 5) 6) 7) 8) Age Discrimination in Violation of FEHA (Acrisure only) Race Discrimination in Violation of FEHA (Acrisure only) Failure to Prevent Discrimination (Acrisure only) Unjust Enrichment Resulting from Unlawful Discriminatory C...

Excerpt: ... (Complaint, 25-50.) Among other prayers for relief, Plaintiff prays for exemplary damages to be assessed against only Defendant. (ld. at 9:2.) Defendant's counsel met and conferred with Plaintiff's previous counsel over telephone and by email correspondence regarding the exemplary damages prayed for in the complaint along with other language, but the parties were not able to reach a resolution. (Memorandum of Points and Authorities in support of...

Excerpt: ...nalysis: l. Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (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 suffciency of a complaint, courts accept as true all material facts properly plead...

Excerpt: ... memorandums to 10 pages without leave of Court. Defendant did not seek leave of Court to submit an oversized brief. Accordingly, in fairness to Plaintiff, the Court will not consider the last two pages of Defendant's reply memorandum. Furthermore, Defendant submitted a notice of errata with its reply papers which submits the 2011 and 2012 editions of its constitution and membership requirements. Plaintiff has not had the opportunity to respond t...

Excerpt: ... already passed. Accordingly, this request is moot. Plaintiff has requested the Court contact the prison where he is housed and inform them of all future scheduled court hearings as well as make arrangements for him to be able to appear at the hearings for this matter via telephone. Plaintiff is responsible for keeping himself apprised of the scheduled hearings in this matter. Furthermore, as outlined in the Court's tentative rulings webpage, all...

Excerpt: ...pposition does not comply with the California Rules of Court. Pursuant to the Rules of Court, memorandums in opposition may not exceed 15 pages without permission of the Court and if the memorandum exceeds 10 pages, it must be accompanied by a table to contents and table of authorities. (Cal. Rules of Court, Rule 3.1113(d) & (f).) "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-f...

Excerpt: ... this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). l. Facts and Procedure This action arises from the employment of Plaintiff Roberto Caballero (hereinafter "Plaintiff) with Defendant Jackson Family Wines, Inc. (hereinafter "Defendant") during the period of August 28, 2017, to June 1, 2020, as a non-exempt, hourly-paid General Winery Worker at Defendant's Skylane location in Sonoma County. (Declaration of Virginia Laws...

Excerpt: ...other requests for summary adjudication are DENIED. Defendant's objections numbers 2, 5, 9-16 to Plaintiff's evidence are SUSTAINED. All other objections are OVERRULED. Counsel for Defendant Richard Cardiff shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: l. Underlying Facts In 1994, Defendant Cardiff began running youth group tennis classes or tennis camps at Ragle Park during the s...

Excerpt: ...ng and in compliance with Rule 3.1312. The Court thanks the appointed demurrer facilitator for his detailed and informative report. Analysis: l. Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (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. superiorcourt ...

Excerpt: ...granting Defendants Acrisure of California, LLC, Michael Holzman, and Lynne Wallace's motion for summary judgment. Plaintiff had alleged the following causes of action against these defendants: 2. 3. 4. 5. 6. 7. 8. Age Discriminaton in Violation of FEHA (Acrisure only) Race Discrimination in Violation of FEHA (Acrisure only) Failure to Prevent Discrimination (Acrisure only) Unjust Enrichment Resulting from unlawful Discriminatory Conduct (Acrisur...

Excerpt: ...dication is GRANTED in part and DENIED in part. Summary adjudication of Plaintiff's Second Cause of Action for Breach of Covenant of Good Faith and Fair Dealing and Fourth Cause of Action for Negligent Misrepresentation is GRANTED in favor of Defendants. Summary adjudication is denied as to all other causes of action. Defendants' request for judicial notce is GRANTED. The following objections raised by Defendants are sustained: objection to SSLJF...

Excerpt: ...r is OVERRULED. Cross-Defendant Pepper Shack's motion to strike is MOOT due to the sustaining of the demurrer to the Fourth Cause of Acton as to this cross- defendant. Cross-Defendants The Design Build Company, LLC, Robert Auger, and Jon Currier have not filed a joinder to the motion to strike nor their own motion to strike. Counsel for Cross-Defendant Pepper Shack Consulting, LLC shall submit a written order consistent with this tentative ruling...

Excerpt: ...quest, Defendant has waived all objections to it. (CCP S 2031.300) Defendant is ordered to respond to these special interrogatories, without objections, within 30 days of notice of entry of an order on this motion. Plaintiff has requested sanctions in the amount of $7,250.50 for this motion alone. This is based on Plaintiff's counsel's declaration that counsel spent 17.9 hours on the motion and on attempts to meet and confer with Defendant. Plain...