Excerpt: ...nnot be completed while the unit is occupied, if the landlord has obtained all necessary permits prior to giving the tenants notice to vacate and thereafter makes the repairs without unnecessary delay. Plaintiffs fail to allege facts implicating § 8.22.260(a)(10). They did not vacate their apartment as a result of a notice to vacate after Defendants had obtained permits to make repairs. Rather, they vacated their apartment as a result of a fire....

Excerpt: ...to alternative dispute resolution . . . ." The demurrer is OVERRULED for several reasons: First, section 5930(a) applies to members of the association and the association itself. Section 5930(a) does not apply here because Respondent and Co-Respondent Raj Patel (who does not appear to be a party to the demurrer) are not alleged by the Petition to be members of the association. Neither are they alleged to be "the" association itself. Thus, section...

Excerpt: ...aintiffs' claims. The current allegations do not include facts comprising the elements of a cause of action on any of the thirteen legal theories named in the Complaint, and demurrer to each cause of action is warranted. (C.C.P. § 430.010(e).) In addition, as Defendant points out, the Complaint as a whole is uncertain, in that it fails to comply with CRC 2.112 by specifically stating, for each cause of action, "the party asserting" the cause of ...

Excerpt: ... Cal.4th 962, 966-967. The Court is permitted to consider only the facts pled in the Complaint and facts subject to judicial notice. See CCP § 430.30(a). Defendant should instead file a Motion to Compel Arbitration. The Court would then be permitted to consider the parties' evidentiary submissions and determine whether Plaintiff's objections to the process of appointing an arbitrator have merit. However, Defendant's Demurrer to the Fourth Cause ...

Excerpt: ...d to be a California Professional Corporation; and Camico Mutual Insurance Company ("Camico"). Defendants state in their moving papers that all of the Complaint's other causes of action have settled with respect to the other named defendants, such that only the Fourth Cause of action for Indemnity brought solely by plaintiff Capelli against Defendants remains at issue. MOTION FOR JUDGMENT ON THE PLEADINGS STANDARDS A motion for judgment on the pl...

Excerpt: ... 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.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true. . . ." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the complaint a reasonable interpretation, reading it as a whole and ...

Excerpt: ...t those findings "signified a material weakness," and that omitting them would lead to a material misstatement in Defendant's financial statements and thus would violate the law. (See Complaint, paragraphs 22 and 24-25.) Shortly after submitting the audit report, Plaintiff was notified on September 22, 2016 that his position would be eliminated effective December 31, 2016, and he was in fact officially terminated on January 3, 2017. (See Complain...

Excerpt: ...ue an insurer directly for the torts of its insured. (Mel H. Binning, Inc. v. Safeco Ins. Co. (1977) 74 Cal.App.3d 615, 619; see also Coleman v. Gulf Ins. Group Co. (1986) 41 Cal. 3d 782, 794-795 [discussing third part bad faith claims].) Here, Defendant Forget is CSAA's insured. Accordingly, here, Plaintiff's causes of action brought against CSAA as an insurer cannot be maintained. The demurrer to each and every cause of action brought against C...

Excerpt: ...cation 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 defendants either owe...

Excerpt: ...l services provided to Azure Sky Dufaux and Devon Dufaux in state court litigation matters. HLF asserts that AGLLC guaranteed that debt. HLF concedes that it has recovered two vehicles owned by AGLCC, valued at $38,269. In this action, HLF seeks to recover the remainder owed from AGLCC and/or Defendant Argentum Properties, LLC ("Argentum"). HLF contends that the bankruptcy trustee has asserted that all claims held by AGLLC have become property of...

Excerpt: ...es ("ACC") requests to join in Respondents' demurrer. Neither Respondents nor the City has opposed ACC's request to join in the demurrer. For the reasons discussed below, ACC's request for joinder is GRANTED. The joint demurrer is SUSTAINED IN PART WITHOUT LEAVE TO AMEND as to the PC's second cause of action and OVERRULED as to its third cause of action. JOINDER Although a joinder to another party's motion is not provided for in the Code of Civil...

Excerpt: ...an Campus Communities, American Campus Communities Services, Inc., and American Campus Communities Operating Partnership, L.P. (together, "ACC"). CHF and ACC also demur on similar grounds. SBN opposes all demurrers. For the reasons discussed below, Respondents' demurrer is OVERRULED. CHF and ACC's demurrers are SUSTAINED WITHOUT LEAVE TO AMEND. ELECTRONIC AND PERSONAL SERVICE CHF attempted to serve its moving papers by e mail and U.S. Mail. (See ...

Excerpt: ...t her appropriately during her lawsuit against her ex-husband, with her causes of action largely stemming from attorney malpractice. That prior case involved a mediation. Defendants argue on demurrer that each of Plaintiff's causes of action is barred by the mediation privilege of Evidence Code section 1115 et. seq. However, the mediation privilege is an evidentiary privilege. A demurrer does not adjudicate whether a plaintiff will be able to pre...

Excerpt: ...t production included 80,000 responsive emails and attachments, which were not previously produced. Plaintiffs state that these emails contain historic financial information, which Plaintiffs assert are relevant to their damages calculation. Plaintiffs contends its experts need to review and incorporate the newly-discovered information into their expert opinions on damages. Plaintiffs requested that the deadline be extended to January 29, 2020 (w...

Excerpt: ...e and scope. The Court finds these objections to be valid. Though the scope of discovery is broad, ICT has not sufficiently demonstrated how this Interrogatory seeks information that may lead to the discovery of admissible evidence. The reasons for compelling a further response, set forth in the separate statement, do not include facts showing the potential relevance of each and every one of Plaintiff's customers over a fifteen year period of tim...

Excerpt: ...to resolve the action. Plaintiff Kim Embry's unopposed Motion to Approve Proposition 65 Settlement and Consent Judgment is GRANTED. The Court finds the Consent Judgment ("CJ") meets the criteria established by Health and Safety Code section 25249.7, in that: (A) the standards required by the CJ complies with Health & Safety Code sections 25249.6 and 25249.10(c); (B) the CJ requires a clear and reasonable warning in compliance with Health & Safety...

Excerpt: ... rather than the 30 days required by section 598, but the motion to bifurcate was filed on December 20, 2019, and Plaintiff opposed RCB's ex parte application to hear the motion on shortened time. The court finds that Plaintiff is not prejudiced by the delay in seeking bifurcation, and that any prejudiced is outweighed by the potential for increased efficiency and reduction of potential prejudice to RCB resulting from bifurcation. RCB has made a ...

Excerpt: ...ment that LJ Jennings and Karen Jennings appear for deposition on the same date. Plaintiff brought this action against Defendants Kingdom Builders Christian Fellowship Ministries ("Kingdom Builders"), LJ Jennings, and Karen Jennings based upon a claim that Kingdom Builders breached a commercial lease agreement for a property located in Oakland, California (the "Property"), and LJ Jennings personally guaranteed payment of all delinquent rent oblig...

Excerpt: ... Sacramento, Paul Blanco's Good Car Company Stockton, Paul Blanco's Good Car Company Reno, and Paul Blanco's Good Car Company Las Vegas, and Paul Blanco's (collectively, "Defendants") Motion to Quash Deposition Subpoenas for Production of Business Records is GRANTED. Defendants seek an order quashing ten deposition subpoenas for production of business records (collectively, the "Subpoenas") propounded by Plaintiff The People of the State of Calif...

Excerpt: ... Sacramento, Paul Blanco's Good Car Company Stockton, Paul Blanco's Good Car Company Reno, and Paul Blanco's Good Car Company Las Vegas, and Paul Blanco's (collectively, "Defendants") Motion to Stay Civil Proceeding Pending Expiration of Statute of Limitations is DENIED. Defendants' Motion to Stay the Taking of Any Discovery Against Defendants is DENIED. Defendants ask the Court for an order staying this action until the expiration of any applica...

Excerpt: ...ter inserted in any pleading[;] [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) Plaintiff seeks an order striking Defendants Paul Blanco's Good Car Company Auto Group, Paul Blanco Management Company, Paul Blanco Insurance Agency, Inc., Paul Blanco Vehicle Registration, Paul Blanco's Good Car Company Bakersfield, Paul Blan...

Excerpt: ...le 2.550(c).) "The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [...

Excerpt: ...yment to the LWDA of $37,500 and administration costs of $10,000 were all deducted, leaving a balance of $1,513,014.77 to be distributed to class members. Further, pursuant to the Court's final approval of class settlement order, $80,000 of the attorneys' fees award (10%) was held back until settlement funds had been fully distributed to class members. Pursuant to the Declaration of Melissa E. Baldwin, Director of Claims Administration for RG/2 C...

Excerpt: ...ement" between plaintiff ABC Wholesale, Inc. ("ABC"), a corporation apparently controlled by Young, and BAS; and (2) a "Bay Area Seafood/ABC Wholesale Sales Representative Agreement between BAS and Young individually. DEMURRER STANDARDS "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.) "As a general rule in testing a pleading against a demurrer the ...

Excerpt: ... in stop-and-go traffic on northbound I-880 less than a mile south of the Marina Blvd. exit. Plaintiff's BMW was pushed into the car ahead of them, resulting in that car being pushed into a fourth car. Plaintiff Samuel Caasi was driving. Raquel is Samuel's wife. She was in the passenger seat. They have sued BMW because the airbags on their vehicle failed to deploy. These were Takata airbags. Samuel's head allegedly struck the steering wheel. Raqu...