Excerpt: ...nt due on January 15, 2019. Defendant significantly does not dispute Plaintiff's assertion that it has made only six monthly payments and a $2,000 partial payment. The motion is granted in part because the Court does not agree with Plaintiff's apparent contention that it should enter a Judgment for only the payments that Defendant has missed to date. The Court will instead enter a Judgment in the sum of $125,000.00 with the payments made to date ...

Excerpt: ...the page limit in their Motion for Judgment on the Pleadings, and now by violating California Rule of Court, Rule 2.104 with respect to the font size by using size 9.5 to 10.5 font instead of size 12 point font. Though they blame their printers, they are required to ensure compliance with the Rules of Court. If there are any further papers in this action and Erchinger Defendants continue to violate the Rules of Court, the Court shall consider san...

Excerpt: ...response to the Tenth Cause of Action or additional affirmative defenses related to the Tenth Cause of Action. Defendant is not permitted, at this time, to amend any other portion of her previously-filed Answer. "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 state a cause o...

Excerpt: .... 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, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirw...

Excerpt: ...filing an opposition to Defendant's Demurrer, without leave of Court or stipulation between the parties. Thus, the November 4, 2019 First Amended Complaint is hereby STRICKEN. 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 state a cause of action or disclo...

Excerpt: ...sel for Plaintiff gave notice of the settlement to the Court on that same date. Defendant Wente Bros. agreed that it would pay Plaintiff and his attorneys the sum of $1,090,000 no later than twenty-one (21) days after September 6, 2019. Plaintiff Munoz agreed to dismiss his action against Defendant with prejudice within ten (10) days of his and his attorneys' receipt of the four separate checks. In paragraph 11 of the Term Sheet, the parties agre...

Excerpt: ...inal Case"). Specially, in this civil action, Plaintiff alleges Defendant's prosecutorial conduct in the Criminal Case has violated Plaintiff's rights to discovery, a fair trial, due process, and a constitutional right to a speedy trial. Defendant now seeks to strike Plaintiff's Complaint as a strategic lawsuit against public participation ("SLAPP"). "A cause of action against a person arising from any act of that person in furtherance of the per...

Excerpt: ...Port Oakland, LLC, from whom PCC apparently intends to seek discovery, preclude it from participating in a trial on Plaintiff's sole claim of unfair business practices, or that the parties' discovery disputes have deprived it of a "reasonable opportunity" to conduct discovery germane to Plaintiff's UCL claim. In any event, the court finds that alternative means exist to adequately address the issue that gave rise to this motion for continuance. (...

Excerpt: ...ly and concisely all material facts that the moving party contends are undisputed." Similarly, Cal. Rule of Court 3.1350(d)(2) limits the separate statement to "only material facts and not any facts that are not pertinent to the disposition of the motion." Plaintiff did not file a responsive separate statement, but instead objects to the defendants' separate statement on the ground that it is not limited to material facts, and undermines the obje...

Excerpt: ...t DODG Corporation ("DODG"), the landlord of Defendant FastTrack Airport Parking, Inc. ("FastTrack Inc."), is liable for Plaintiffs' injuries caused by FastTrack Inc., because the single enterprise/alter ego doctrine dictates that the limited liability protections that usually insulate separate corporations from liability for the other corporation's debts do not apply under the circumstances of the case. DODG now moves for summary judgment as to ...

Excerpt: ...adjudication set to be heard on October 30, 2019. In support of their motion, Plaintiffs have submitted a number of items designated as confidential under the protective order, including stock certificates, financial payments, and other sensitive corporate and business information. Defendants now move the Court, pursuant to California Rules of Court, Rule 2.551, for an order sealing Plaintiffs' motion for summary adjudication based on the confide...

Excerpt: ...n his motion, Plaintiff seeks a protective order under section 2025. 420, arguing he himself is not competent to testify, due to the injuries he suffered in the incident that is the subject of this lawsuit. Therefore, Plaintiff argues, the Court should issue an order preventing or limiting the other parties' ability to depose him. Evidence Code section 701(a) provides that "[a] person is disqualified to be a witness if he or she is: (1) Incapable...

Excerpt: ...f's vehicle is referred to in the First Amended Complaint as "the Subject Vehicle." Plaintiff also makes allegations regarding so-called "Class Vehicles" in the First Amended Complaint. The Court could not find a special definition for that term in the First Amended Complaint. Plaintiff identified a total of 51 alleged defects with his vehicle in paragraph 8 of the First Amended Complaint. The majority of the defects concern defects with Kia's GD...

Excerpt: ...e demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties." Here, on October 2, 2019, Plaintiff elected to file and serve a First Amended Complaint ("FAC") rather than oppose Defendant's pending Demu...

Excerpt: ...ed the meal and rest break claim. There are approximately 153 members of the class. (La Dec., para 5.) The case preliminarily settled for a total of $320,000. The settlement agreement states there will be attorneys' fees of up to $106,666.67, costs of up to $10,000, a service award of $7,500 for each class representative, settlement administration costs of $14,000. After these expenses, the class would get $174,333.33. This is an average of $1,14...

Excerpt: ...y 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] provision of law confers an unconditional right to intervene[...

Excerpt: ... to determine the order of proof in the interests of judicial economy." (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504.) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial . . . of any . . . issues . . . ." (CCP sec. 1048(b).) The "court may, when the convenience of witnesses, the ends of justice, or the economy and ef...

Excerpt: ...tion, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs...

Excerpt: ...the action or proceeding." (CCP § 437c(a)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there ...

Excerpt: ...r summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defen...

Excerpt: ...l interest in the action as a whole [; and] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." Because this code section is mandatory and considers only the health of the moving party, the Court may not engage in a weighing of interests or comparison of potential prejudice to the opposing party once it finds that the moving party has made its showing. (Fox v. Superior...

Excerpt: ...ndant's current responses to Form Interrogatory 17.1 to be incomplete (and possibly evasive) in that they are not responsive to the interrogatory and the requests for admissions that were actually posed. The interrogatory and corresponding requests for admission ask Defendant to state all facts regarding whether pilot salaries and pilot benefits had been invoiced "at cost" or "marked up." Defendant's responses merely reference certain sections of...

Excerpt: ...e in support of their "renewed" motion the form of a supplemental declaration of Gina Sims, which they allege clarifies the ambiguity that court relied upon when denying the prior motion to compel. Plaintiff is required to present evidence that reconsideration should be granted due to the existence of new or different facts, circumstances or law. See CCP § 1008(a). A motion for reconsideration under C.C.P. § 1008(a) requires the moving party, a...

Excerpt: ... (c).) A defendant moving for summary judgment must show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "There is a triable issue of material fact...

Excerpt: ...s motion. (See Code of Civil Procedure section 439(a)(4).) Plaintiffs' motion is GRANTED, WITH LEAVE TO AMEND for Defendant to allege facts in support of its First, Second, Fourth, Fifth, Seventh, Eighth, and Tenth Affirmative Defenses. Defendant's statement at page 6:3-8 of its opposition brief that it has alleged various facts in support of these defenses is incorrect. Defendant has argued in its opposition brief that either Plaintiffs or other...