Excerpt: ...sed. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, reading it as a whole and its parts in their context and treats the demurrer as admitting all material facts properly pleaded. [Citati...

Excerpt: ...inancial condition of the defendant." (Civ. Code § 3295(a).) A plaintiff may not take discovery into these subjects "unless the court enters an order permitting such discovery . . . ." (Civ. Code § 3295(c).) The Ghattas Defendants object that Plaintiffs' motion (and any discovery allowed thereby) would occur after the discovery cut-off. (See Code of Civ. Proc. § 2024.020 ["Except as otherwise provided in this chapter, any party shall be entitl...

Excerpt: ... their time. Plaintiffs argue that J-M waived its right to compel further deposition by failing to meet and confer during the original deposition and did not indicate on the record that it disagreed with the instruction. J-M did not waive its right to compel further answers-Plaintiffs' counsel clearly instructed McMains not to answer the questions and J-M is within its right to move to compel responses to bring the issue to the Court's attention....

Excerpt: ...on will refer to the corporation as the "Diocese" to avoid confusion with Bishop Barber. Defendant Father Neal Clemens is another priest employed by the Diocese. Fr. Dinh is not named as a defendant in this suit. Doe asserts the following seven causes of action against the Defendants: (1) sexual battery, (2) violation of the Bane Act (Civ. Code §§ 52, 52.1), (3) fraudulent misrepresentation, (4) intentional interference with prospective economi...

Excerpt: ... ("CCP") section 474. Kentucky Trailer moves to quash service of summons on the grounds that this Court lacks personal jurisdiction over it. Plaintiffs oppose and ask, in the alternative, that the hearing on this motion be continued to permit time for jurisdictional discovery. For the reasons detailed below, the hearing on this motion is CONTINUED to September 23, 2019, at 3:00 P.M. in Department 19, Administration Building (Third Floor), 1221 Oa...

Excerpt: ... misrepresentation. The Eighth Cause of Action at issue here alleges that Defendant Michael Feiner ("Feiner") obtained a zoning variance to develop and construct Temescal Lofts, which included a landscaping plan approved by the Emeryville Planning Director that shows a pond, rather than the Tipuana trees that are now on the property. Plaintiff asserts that this landscaping plan constitutes a covenant that runs with the land, and that Defendants h...

Excerpt: ... original Complaint with leave to amend. The Court has also reviewed the parties briefs submitted in connection with that Demurrer. The Court agrees with Defendant's main assertion that Plaintiff's First Amended Complaint is not clearly pled. Plaintiff's numerous allegations based on its "information and belief," does not absolve it or its attorneys from possible liability under CCP § 128.7(b). Plaintiff has certified that all of the allegations...

Excerpt: ...ss is defined as: "All individuals who have worked at [any of eight] Restaurants owned by [Defendants] in the four years preceding October 23, 2018." (TAC, para. 21.) However, the named plaintiff, Ismael Mercado ("Plaintiff"), alleges he worked at only four of those eight restaurants, three for one to two days each, and one for two years. (See TAC, paras. 1, 8, 9.) Plaintiff alleges a "community of interest common to all class members" premised o...

Excerpt: ...d to plead specific facts supporting each element of his fraud claim against Defendant. See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; and Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157. Plaintiff did not do that. Furthermore, although Plaintiff provides the Court with some details to support an inference that the sellers knew about the unpermitted garage conversion at the time of the sale in April 2017, there ar...

Excerpt: ...class action suit against Safeway, whistleblowing, and due to his age. The Court had previously sustained with leave to amend Defendants' demurrer to the First Amended Complaint to the same causes of action. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal. App. 5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to s...

Excerpt: ...Real Estate Services represented the seller. Plaintiff was represented by her own real estate agent in the transaction. Plaintiff alleges that Defendants failed to disclose the known history of landslide problems on the property. Plaintiff alleges that she would have considered such information to be material. Plaintiff sustained resulting financial loss. Defendants' Demurrer to Plaintiff's First Cause of Action for Breach of Contract is SUSTAINE...

Excerpt: ...Safety Code section 25249.6; (C) the reimbursement of $13,000 for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; and (D) the civil penalty of $2,000 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). The CJ requires that beginning on the Effective Date, Defendant Pacific World Corporation ("Defendant") shall not manufac...

Excerpt: ...ing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5." (CCP § 598.) Further, "[t]he court, in furthe...

Excerpt: ...to file its Motion for Summary Judgment so that it can be heard at least thirty (30) days before the trial. There was no compelling reason to wait. Plaintiff then responded by making a late request to file a First Amended Complaint. The Court does not find that good cause has been shown pursuant to Rule of Court 3.1332. Defendant 24 Hour Fitness USA, Inc.'s assertion that it has a "statutory right" to file a Motion for Summary Judgment against th...

Excerpt: ...iff's counsel have graciously given Defendant's attorney extensions of time so that she can locate him. Defendant's attorneys even retained a private investigator. Defendant's attorneys say that there is a high probability that Defendant no longer lives in Oakland or even the United States. Defendant's unexplained absence from the jurisdiction is not a justification for his failure to comply with discovery obligations. The Court anticipates that ...

Excerpt: ...Summary Adjudication of Issues heard on April 4, 2019. The Court granted the motion in part and gave Plaintiff leave to file a Second Amended Complaint, "because the sole negligence claim asserted is clearly ambiguous, indefinite and uncertain." The Court vacated the April 29, 2019 trial. The Second Amended Complaint was filed on April 25, 2019. Whereas the First Amended Complaint is 8 pages long, the Second Amended Complaint has 14 pages of sing...

Excerpt: ...int is not the proper court"; and (2) C.C.P. § 397(c), which authorizes a change of venue "[w]hen the convenience of witnesses and the ends of justice would be promoted by the change." The court determines that UC has met its burden as to both alternate grounds and that Plaintiff has not introduced evidence or authority to the contrary. First, though Alameda County is the place of UC's principal office, this in itself does not make it a proper v...

Excerpt: ...d impose a considerable burden on them to travel to Oakland for a single hearing. (Cal. Rules of Court, rule 7.952(a).) Only Plaintiff's counsel is required to appear in person at the hearing in Department 16. Counsel for the defendants are welcome to observe but are not required to appear in person. The foregoing ruling is predicated upon the following conditions: First, the Petition as filed and lodged omitted Attachment 18a. Plaintiff's counse...

Excerpt: ... Although Defendant did not expressly tender this issue in his notice of motion, the supporting papers gave ample notice of the relief sought. (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1125.) In this instance, Plaintiff merely alleged that Defendant "negligently maintained a premises on which the plaintiff lived and allowed her to be beaten and abused as alleged herein." But such mere negligence and inaction is not enough. Plaintiff did not...

Excerpt: ... is treated as Motion for a Protective Order as to both deponents and is GRANTED. The parameters of the protective order, which will govern the conduct of the Atkinson deposition, are set out below. These motions are directed to Petitioners' notices for the depositions of two former Presidents of the University of California: Richard C. Atkinson (1995-2003) and Robert C. Dynes (2003-2007) (collectively, the "deponents" or "witnesses"). Neither de...

Excerpt: .... (Though the notice of motion also refers to C.C.P. § 425.11 and "lack of or improper service of summons," there are no arguments and no evidence in this regard in the supporting memorandum or declaration.) First, Defendant has not made a sufficient showing for relief pursuant to section 473.5. That statute authorizes relief "[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action...." (C.C.P. § 47...

Excerpt: ...or the trial court to allow a plaintiff to serve the Secretary of State without having made that mandatory showing. (See Bakersfield Hacienda, Inc. v. Superior Court (1962) 199 Cal.App.2d 798, 803-805.) Plaintiff's Motion only showed that he had been unable to serve Defendant's designated agent. Corporations Code section 1702(a) differs from its ancestor, former section 3303 (as quoted in Bakersfield Hacienda), in that it uses the word "or" to di...

Excerpt: ...al entered on August 24, 2018. The Court SETS ASIDE the order granting Defendant's Motion for Summary Judgement dated July 13, 2018. The court also SETS ASIDE the court's four orders dated February 14, 2018 granting in part Defendant's two motions for sanctions and award of monetary sanctions, granting Defendant's motion to compel and award of monetary sanctions, and granting Defendant's Motion for Admissions Deemed Admitted and award of monetary...

Excerpt: ...Bilt, Inc. v. Woodward-Clyde & Assocs. (1985) 38 Cal.3d 488, 499 is not a pro forma exercise. Without sufficient evidence and analysis of the settlement by the settling parties, the Court is left primarily to draw inferences and speculate concerning more than one of the Tech- Bilt factors. "[W]ithout the facts . . . it is impossible for a court to exercise its discretion in an appropriate fashion." (Grand Terrace, 192 Cal.App.3d at 1263.) It is a...

Excerpt: ...endants' response to each of the document production requests is "None," which is not sufficient to comply with their discovery obligations in this case. The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) a statement that the party will comply; (2) A representation that the party lacks the ability to comply; or (3) An obj...