Excerpt: ...14. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, ...

Excerpt: ...The root of this action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, th...

Excerpt: ...South Mack Grinding. Defendants shall have twenty days' leave to answer the plaintiff's complaint OPERATIVE FACTS In September 2012, plaintiff J. Mack Ent., Inc. (“Mack”) rented a Wirtgen Milling Machine from SC Services, Inc. (“SC”). Then in October of 2012, Mack was involved in an accident that allegedly damaged the Wirtgen. Mack tendered SC's claim to its insurance broker Donald F. Sharp (Mack alleges in its Third Amended Complaint for...

Excerpt: ...14. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, ...

Excerpt: ... a 2015 Chrysler 200 from a dealership for defendant FCA US LLC on or about February 12, 2016. FCA US LLC is the manufacturer of this 2015 Chrysler 200. Upon receipt of this automobile, plaintiffs became aware of an electrical defect in car that caused, among other things, inoperable turn signals, instrument cluster failure, failure to start or difficultly starting the engine, and failure of the radio. Plaintiffs brought her 2015 Chrysler 200 to ...

Excerpt: ...by the court on March 7, 2019. The court granted the motion. The court's order was filed on March 13, 2019. Plaintiff's current motion seeks to set aside and vacate the order due to extrinsic fraud. Plaintiff's motion to set aside and its supporting documents are insufficient to show Plaintiff failed to receive notice of Defendant's motion for pre-filing requirement or that Defendant's service efforts were improper or ineffective. In addition, Pl...

Excerpt: ...elief from default and default judgment under CCP 473(b). Defendant asserts she is entitled to relief on grounds of mistake, inadvertence, surprise and excusable neglect. Default was entered on February 6, 2019. Default Judgment was entered on February 15, 2019. Defendant's motion is brought within six months of default and default judgment and is, therefore, timely. With her moving papers, Defendant submits her proposed answer to the complaint a...

Excerpt: ...aintiff's current motion fails to address the deficiencies previously noted by the court. Defendant has not appeared in this action. Plaintiff has not filed with the court the written stipulation referenced in Plaintiff's supporting declaration (which would require payment of Defendant's appearance fees). Alternatively, Plaintiff has not sought entry of Defendant's default in this action. Plaintiff has failed to dismiss all Doe Defendants named i...

Excerpt: ...l de novo in this case. Ms. Gonzalez seeks to vacate the judgment of this court because she contends that she did not receive notice of the defendants' appeal of the small claims judgment nor the February 28, 2019 trial de novo because she was not personally served with either the notice of appeal nor the date of the trial de novo. The judgment was mailed to the address she used throughout the proceedings as was the notice of appeal and the court...

Excerpt: ... western portion of the divided property. Plaintiff's complaint alleges that he enjoyed an easement to use a 15' wide road that travels up from Avenue 336 where the boundary between the two divided parcels was located. At a mandatory settlement conference on August 13, 2018, the parties agreed to a settlement of this action. Plaintiff's attorney stated the terms of this settlement on the record before the court, and Plaintiff confirmed his unders...

Excerpt: ...Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of Settlement Class, Approval of Class Notice Package, Approval of Plaintiff's Payment, Appointment of Class Counsel and Settlement Administrator, and Setting of Final Approval Hearing. On March 25, 2019, the court denied plaintiff Rosalio Vera's original motion for approval without prejudice. 1. Sufficiency of Amount of Settlement ($420,000) Upon further review...

Excerpt: ...sagrees with Plaintiff's assertion that the clerk should attempt to reconcile the discrepancies and do the math to discover why Plaintiff's calculations differ on each document to lead to a correct total renewed judgment. In paragraph 5 of the application for renewal of judgment, Plaintiff should enter the following amounts: a. The total judgment as previously entered: b. The costs after judgment from the cost memorandum; c. Subtotal of a) and b)...

Excerpt: ... Special Interrogatories, Set One. Plaintiff shall provide further verified, written responses to special interrogatories numbered 4, 14, 17, and 19 within ten (10) days of this order. Plaintiff Connie Benitez is ordered to pay to Defendant Tri-County Transport, Inc. the sum of $800.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. Proof of service in the file indicates notice of the motion was adequate. No resp...

Excerpt: ...nica Gomez and defendant Jose Raul Garcia purchased jointly with each acquiring an undivided one-half interest in the property. The duplex was encumbered by a purchase money mortgage currently serviced by PennyMac Loan Services, LLC. This mortgage is in the name of defendant Garcia but plaintiff's interest in the property is of a record title holder. Plaintiff offered to buy Mr. Garcia's interest in this duplex for the sum of $10,000. Plaintiff p...

Excerpt: ...bandonment of patient, and negligence of nurse causes of action. Defendants' demurrer is sustained without leave to amend as to plaintiff Christopher Renfro's res ipsa loquitor, breach of contract, intentional infliction of emotional distress and false light causes of action. Defendants' “Motion to Strike Improper Prayer for Punitive Damages and “Retraining” is granted as to “retraining” as per Civil Code §3333.1 and 3333.2. Defendants...

Excerpt: ...s request for judicial notice and Item #1 of plaintiff's request for judicial notice are granted only as to the date of filing of these documents. Except for orders from the Court that appear in the Court's file for this present case or the Hernandez v. Metrocom MDB case, the Court cannot take judicial notice as to the contents of documents in the Court's file in this present case and/or the Hernandez v. Metrocom MDB case his action as the conten...

Excerpt: ...nica Gomez and defendant Jose Raul Garcia purchased jointly with each acquiring an undivided one-half interest in the property. The duplex was encumbered by a purchase money mortgage currently serviced by PennyMac Loan Services, LLC. This mortgage is in the name of defendant Garcia but plaintiff's interest in the property is of a record title holder. Plaintiff offered to buy Mr. Garcia's interest in this duplex for the sum of $10,000. Plaintiff p...

Excerpt: ...bandonment of patient, and negligence of nurse causes of action. Defendants' demurrer is sustained without leave to amend as to plaintiff Christopher Renfro's res ipsa loquitor, breach of contract, intentional infliction of emotional distress and false light causes of action. Defendants' “Motion to Strike Improper Prayer for Punitive Damages and “Retraining” is granted as to “retraining” as per Civil Code §3333.1 and 3333.2. Defendants...

Excerpt: ...s request for judicial notice and Item #1 of plaintiff's request for judicial notice are granted only as to the date of filing of these documents. Except for orders from the Court that appear in the Court's file for this present case or the Hernandez v. Metrocom MDB case, the Court cannot take judicial notice as to the contents of documents in the Court's file in this present case and/or the Hernandez v. Metrocom MDB case his action as the conten...

Excerpt: ...p proceeding wherein Petitioner Oscar Estrada is seeking to obtain custody of his step-children Christopher Selix and Alexia Marie Selix after the death of their mother. He is opposed by the children's maternal grandparents, Oralia and Silvino Selix. They have subpoenaed employment records from a former employer of Mr. Estrada, Cardboard Box Company. He moves to quash the subpoena for employment records arguing the requests are overbroad and viol...

Excerpt: ...akov Dulcich & Sons seeks to tax costs of $297.00 associated with deposition costs; $235.00 in service costs, and $8,734.00 paid to a jury consultant. Deposition Costs. The $235.00 arises out of the cancellation of a room reservation that arose out of a failed attempt to depose defendant Dulcich's person most qualified as to this defendant's safety policies and procedures and training of its employees. Given that this deposition was to be conduct...

Excerpt: ... Following a telephone conference between respective counsel, defendant's counsel agreed to accept service of the summons and complaint through notice of acknowledgement and receipt. When defendant's counsel received the service package, he noticed that the exhibits to the plaintiff's complaint were missing. Defendant's counsel contacted plaintiff's counsel who e-mailed these exhibits to defendant's counsel. Defendant's counsel signed, but never ...

Excerpt: ...vious pleadings or amendments;(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. California Rule of Court 3.1324(b) further requires that “A separat...

Excerpt: ... for quiet title, fraud/deceit, conversion, and quantum-meruit/unjust enrichment. Plaintiff Beatriz Romero Gonzalez alleges that she has a half interest in two parcels of land located in Earlimart, California. Ms. Gonzalez states that the basis for her interest in these properties are Grant Deeds that convey these two parcels to Ms. Gonzalez's deceased husband Ramon Velasco Rodriguez and the daughter of defendant Vidal Barreto Velasco. Ms. Gonzal...

Excerpt: ...her case management conference on May 14, 2019 prepared to schedule a new trial date. Where appropriate, pleadings may be amended at any stage of the litigation. Whether to permit amendment is within the sound discretion of the trial court. (CCP473(a)(1).) It is the policy of the courts to resolve all disputes between the parties in the same action. The court's discretion to permit amendment of pleadings is to be liberally exercised. (Nestle v. S...