Excerpt: ... a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be," unless the "complaint contains allegations of fact inconsistent with at...

Excerpt: ...ECOND AMENDED COMPLAINT Plaintiff first filed this action on October 13, 2015. Plaintiff then moved to amend its Complaint in October 2018. After that motion was granted, Plaintiff filed the First Amended Complaint ("FAC") on December 14, 2018. On April 28, 2019, the Court sustained with leave to amend Defendants' demurrer to the Eighth through Twelfth Causes of Action in the FAC. On May 23, 2019, Plaintiff filed a Second Amended Complaint ("SAC"...

Excerpt: ...er Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer t...

Excerpt: ...0(a)(1).) Such a motion may challenge either a plaintiff's compliance with statutory requirements for service of process or the Court's personal jurisdiction over the defendant. (See Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1034.) This Court may exercise personal jurisdiction over a defendant "on any basis not inconsistent with the Constitution of this state or of the United States." (CCP § 410.10.) Due process requires that ...

Excerpt: ...t seek leave of this Court to file such a document. The proper place for arguments about the correct interpretation of evidence is in the memorandum of points and authorities or written objections. The Court hereby orders that Ford's "Reply Separate Statement of Undisputed Material Facts" be STRICKEN from the record as "not drawn or filed in conformity with the laws of this state, a court rule or an order of the court." (Code of Civil Procedure [...

Excerpt: ... in any other material way. The Court GRANTS Plaintiff leave to file the proposed SAC. The SAC is not deemed filed. Plaintiff must serve and file it on or before the twelfth calendar days following entry of this order. CONDITIONAL CERTIFICATION When no class has been certified, as is the case here, the Court must determine whether the case meets requirements for certification. (See Anchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 625-627.) The...

Excerpt: ...FAC on the grounds that it fails to state a claim and specially demurs on the grounds of uncertainty. (Code of Civ. Proc. § 430.10(e), (f).) AHS also moves to strike language from the Complaint as related only to Ridge's cause of action for race discrimination, which the Court already summarily adjudicated. For the following reasons, the demurrer is OVERRULED. The motion to strike is GRANTED IN PART AND DENIED IN PART. LEGAL STANDARD FOR DEMURRE...

Excerpt: ..., a listed chemical, as "naturally occurring" in cacao products based on a settlement entered in another case, As You Sow v. Trader Joe's Co. This Court has no evidence of the amounts naturally occurring in Defendant's raw ingredients, nor evidence that defendant here relies on the same sources or raw ingredients for its products as the defendants in As You Sow. Such information is necessary before the Court can find that the parties' consent jud...

Excerpt: ...ding to bring this action because they did not present a pre-lawsuit demand on these claims and they have not alleged with sufficient particularity facts demonstrating demand futility. The demurrer on this ground is OVERRULED. Plaintiffs have adequately alleged facts creating a reasonable doubt that the Individual Defendants were disinterested and independent on the subject of the Walmart transaction. (See Second Amended Complaint, paragraph 38.)...

Excerpt: ...l Rule 3.30(c) does not expressly require counsel to deliver it to chambers. The Court also observes that Defendant should not have filed separate demurrers based on the different provisions of CCP § 430.10. Defendant should only file a single demurrer to a single complaint, cross-complaint or answer. If counsel require additional papers for their memorandum of points and authorities, they may present a request by filing an ex parte application ...

Excerpt: ...de . . . the making or opposing of motions . . ." (CCP § 128.5(b)(1).) "Frivolous" means "totally and completely without merit or for the sole purpose of harassing an opposing party." (CCP § 128.5(b)(2).) Sanctions are warranted where a filing is brought without any legal grounds, after an unreasonable delay, and/or with a complete lack of evidence to support the filing. (Finnie v. Town of Tiburon (1988) 199 Cal. App. 3d 1, 13-15.) There is an ...

Excerpt: ...employee or any other person." (Gov. Code § 815(a).) A cause of action against a governmental entity must identify the statutory basis of liability and facts essential to the existence of such statutory liability. (See, e.g., Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175, 1179-1180; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) The Sixth Cause of Action is not premised on a statute that provides f...

Excerpt: ...nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any." (CCP § 1021.5.) "'[V]oluntary' corrective action, induced by litigation, may properly be consid...

Excerpt: ... sec. 576.) The policy favoring leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purpose of Plaintiffs' proposed amendment is to provide more detailed factual allegations, add new causes of action, and add Pacific Plaza Community Association and its property managers as defendants. Trial in this matter has not yet been scheduled. The motion is unopposed. (See A.N. v. County of Los Angeles (...

Excerpt: ...nst any of the parties who filed the complaint] except one filed [at the same time as the answer]." (CCP § 428.50(c).) "Leave may be granted in the interest of justice at any time during the course of the action." (Id.) Parker seeks leave to file a Cross-Complaint on the grounds that the Cross- Complaint arises out of the same transaction or occurrence as the Complaint. This action arises from a slip-and-fall incident that occurred on or about A...

Excerpt: ...a] nonparty shall petition the court for leave to intervene by noticed motion or ex parte application." (CCP § 387(c).) "The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests." (Id.) "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) [a] ...

Excerpt: ... allow Plaintiff to inspect the corporation's accounting books, records, and corporate minutes. See Corp. Code § 1600 et seq. Plaintiff alleges in the Complaint that it and non-party Mason Lu entered into a Joint Venture Agreement on August 20, 2014 to form MedAbome, Inc. Plaintiff also attached a copy of the Chinese language agreement and a certified English translation to the Complaint. Plaintiff contends that Mason Lu did not comply with the ...

Excerpt: ...s that these attorneys violated the May 17, 2017 Stipulated Protective Order (the "Protective Order"), and Code of Civil Procedure sections 177 and 2023.010, et seq. (CCP § 177 ["Every judicial officer shall have power . . . [t]o compel obedience to his lawful orders[.]"]; CCP § 2023.010 [misuse of the discovery process is conduct subject to sanctions].) Specifically, Cordis asserts that these attorneys have used and relied upon documents produ...

Excerpt: ... Cross-Defendants Triangle, Dean Boik, and Paul Lemley are each seeking summary adjudication. Therefore, the Court will rule on this motion as to each of these three Cross-Defendants. As to Issues Nos. 1-10 in Triangle's Notice of Motion, the motion is DENIED. Issues Nos. 1-10 do not satisfy the requirements of Code of Civil Procedure § 437c(f)(1) because none of them completely disposes of an entire cause of action. The purported misrepresentat...

Excerpt: ...ndant. On 1/28/19, AEG filed a motion to strike the DOE amendment based on procedural grounds and also lack of merit due to the settlement agreement. On 6/5/19, the court denied the motion to strike because the statute of limitations did not bar the claims. The court did not address the effect of the settlement agreement because on a motion to strike the court is confined to the pleadings. STANDARD AEG seeks order CCP 128.7 that claim against AEG...

Excerpt: ... 2017. Plaintiff's supervisor was Defendant Martinez. Plaintiff is an African-American women. Plaintiff alleges that she was subject to harassment based on race and sex in violation of the Fair Employment and Housing Act ("FEHA"), and discrimination based on sex and race in violation of FEHA. Plaintiff alleges that Guess failed to prevent discrimination and harassment in violation of FEHA. Plaintiff alleges that when she complained, Defendants re...

Excerpt: ...rte application to dismiss the complaint on November 29, 2017 when plaintiff failed to amend the complaint in response to the court's September 27, 2018 order. Plaintiff did not attempt to serve defendant Hill. On October 16, 2017, plaintiff filed a proof of service of summons purporting to evidence service of the summons and complaint on defendant Delgadillo On July 26, 2018, Delgadillo filed a motion to motion to quash service of summons. Plain...

Excerpt: ...endant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." (Id.) "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (CCP § 1032(b).) "[T]he trial court has no discretion to order each party to bear his or her own costs." (Michell v. Olick (1996...

Excerpt: ...ues, damages, declaratory relief, and injunctive relief, concerning Azari's conversion of Unit 1 into two separate units in alleged violation of the CC&Rs. In May 2015, the case was referred to private mediation. The parties subsequently entered into a Mediation Agreement that required Azari to pay $11,000 to the HOA to be held in trust, to pay monthly ongoing HOA dues, to produce certain documentation, and to require tenants to use Unit 1 as a s...

Excerpt: ...e complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may ...