Excerpt: ...ird Cause of Action in the First Amended Complaint, with leave to amend. Plaintiff shall file any amended complaint as to the third cause of action within ten (10) days of this order. If no amendment is filed within the time specified, Defendant shall have 15 days thereafter to answer the complaint on the remaining causes of action. In their First Amended Complaint, Plaintiffs have asserted sufficient facts to state a claim for negligent supervis...

Excerpt: ... court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on any available legal theory.' [Citation.]" (Richelle L. v. Roman Catholic Ar...

Excerpt: ...utes and legal conclusions with no factual allegations to support a demurrer in this action. Plaintiff's First Amended Complaint is sufficient to state an unlawful detainer claim against Defendant. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court a...

Excerpt: ...o establish it was entitled to judgment for possession and judgment for Plaintiff and against Defendant was entered. Defendant filed her subject motion on July 3, 2018 more than four months after entry of judgment. The motion is untimely as not brought at the conclusion of Plaintiff's opening statement as required under CCP 581c(a). On the merits, Defendant's motion also fails. A motion for nonsuit is similar to a demurrer. It concedes the truth ...

Excerpt: ...o response to the motion has been filed. Plaintiff previously obtained an order from the court deeming matters admitted. The prior order and the moving papers are sufficient to establish that Plaintiff's Complaint is sufficient to state a cause of action against Defendant and that Defendant cannot state facts sufficient to assert any viable defense. Accordingly, Plaintiff is entitled to recover judgment on its Complaint against Defendant Claudia ...

Excerpt: ...or personal injury damages arising from an accident on September 11, 2015 (See Complaint, Attachment MV-1.) Defendants demur asserting all of Plaintiffs' claims are barred as a matter of law by the two year statute of limitations under CCP 335.1. Plaintiffs have not made any showing that they can assert facts sufficient to show their claims are not statutorily barred. Accordingly, leave to amend is appropriately denied. If no one requests oral ar...

Excerpt: ...ling: To Deny all four (4) motions/requests for relief filed by Defendant Sonia Alvarez on June 14 -15, 2018. Proof of service in the file indicates that copies of the moving papers were served by mail on Plaintiff's counsel of record on June 13, 2018. No response to the moving papers has been filed. CCP 1005 requires a minimum of 16 court days notice for any motion (plus an additional 5 days for mailing). Defendant's motions are deficient for la...

Excerpt: ... for Order of Deposit. Plaintiff seeks to acquire through eminent domain a portion of Defendants' real property for use as a water tank site. Plaintiff has filed its Complaint in accordance with CCP 1250.010 et seq. Before the court is Plaintiff's application for a pre-judgment order of possession pursuant to CCP 1255.410. Defendants oppose the application asserting only that Plaintiff has not made the deposit required under CCP 1250.010. Attache...