Excerpt: ...owed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." (Cal. Civ. Code § 1794.) "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover c...

Excerpt: ...all file and serve an amended complaint no later than twenty-one (21) days from the date of this Order. 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 discloses a complete defense." (Id.) The Court assumes "the truth of the prope...

Excerpt: ...'s Request for Monetary Sanctions is GRANTED IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,000.00 is payable by Defendant to Plaintiff no later than thirty (30) days from the date of this Order. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES Plaintiff brought this action against Defendant asserting claims of breach of contract and other related claims arising from Plaintiff's purchase of a restaurant from Defendant...

Excerpt: ... 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 is no merit to a claim for damages . . . , or that one o...

Excerpt: ... the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agreement; (c) a party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or seri...

Excerpt: ...the decision to grant [a restraining order] rests in the sound discretion of the trial court." (Church of Christ in Hollywood v. Superior Court (2002) 99 Cal. App. 4th 1244, 1251 [internal citations omitted].) "[T]rial courts should evaluate two interrelated factors when deciding whether or not to issue [a restraining order]." (Id.) "The first is the likelihood that the plaintiff will prevail on the merits at trial." (Id.) "The second is the inte...

Excerpt: ...ithin 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 owed or did not owe a duty to the plaintiff or...

Excerpt: ...rty is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (Fox v. Superior Court (2018) 21 Cal. App. 5th 529, 534.) "An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be sig...

Excerpt: ...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 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 w...

Excerpt: ...)(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 is no merit to a claim for damages . . . ...

Excerpt: ...er, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 14...

Excerpt: ...tions 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 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...

Excerpt: ... the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CCP § 425.16(b)(1).) An "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by l...

Excerpt: ...briefs shall be filed and served no later than March 10, 2021. STANDARD OF LAW "Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors, upon giving notice[.]" (CCP § 877.6(a).) "A determination by the court that ...

Excerpt: ...lowing apply: (1) An answer to a particular request is evasive or incomplete[;] [and/or] (2) An objection to a particular request is without merit or too general." (CCP § 2033.290(a).) "The court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that othe...

Excerpt: ...CP § 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 is no merit to a claim for da...

Excerpt: ...HER ORDERED THAT sanctions in the amount of $600.00 is payable by Plaintiff to Defendants. As a threshold issue, the Court admonishes Plaintiff for her untimely opposition filed on on November 9, 2020, five days after it was due on November 4, 2020. Plaintiff shall comply with all applicable Rules of Court and Codes of Civil Procedure in any future filings. Plaintiff filed this action on June 16, 2020 against Defendants, asserting claims for negl...

Excerpt: ... GRANTED IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,260.00 is payable by Strand to Watkins. Plaintiff Ken Gonzalez's ("Plaintiff") filed this action on October 20, 2017, alleging that Strand breached its contract to remodel Plaintiff's house by reshingling and painting the shingles on his house, when it turned out that Strand purportedly chose a shingle that was not supposed to be painted over, resulting in streaky, straine...

Excerpt: ...ontroversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agreement; (c) a party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of ...

Excerpt: ... "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) "[I]t is an abuse of discretion to deny leave to ame...

Excerpt: ...e action or proceeding until an arbitration is had in accordance with the order to arbitrate[.]") STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controvers...

Excerpt: ... 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 is no merit to a claim for damages . . . , or that one o...

Excerpt: ...(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) "[I]t is an abuse of discretion to deny leave t...

Excerpt: ... 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 is no merit to a claim for damages . . . , or that one o...

Excerpt: ...etion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter 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.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) ...

Excerpt: ...omplaint." (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 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 p...

Excerpt: ... be served with all of the following: (1) A copy of the summons and complaint[;] (2) A Notice of Application and Hearing[;] [and] (3) A copy of the application and any affidavit in support thereof." (CCP § 512.030(a).) "If the defendant has not appeared in the action, and a writ, notice, order, or other paper is required to be personally served on the defendant under this title, service shall be made in the same manner as a summons is served und...

Excerpt: ...led to appear for her properly-noticed deposition. On March 11, 2020 this Court granted defendant's motion to compel Plaintiff's discovery responses and ordered Plaintiff to appear for deposition on May 15, 2020. Plaintiff did not and has not complied with the Court's order, including its order that Plaintiff pay monetary sanctions in the amount of $1300.00. The present motion is unopposed. Accordingly, for the reasons discussed, Defendant's moti...

Excerpt: ...pid Transit District's ("Defendant") Demurrer to Plaintiffs Rosey Bridgland and Keith Kingon's (collectively, "Plaintiffs") Second Cause of Action in the Second Amended Complaint ("SAC") is SUSTAINED WITH LEAVE TO AMEND. IT IS ORDERED THAT no later than twenty-one (21) days from the date of this Order, Plaintiffs shall file and serve an amended complaint. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a comp...

Excerpt: ...ense to the complaint." (CCP § 438(c)(1)(A).) A defendant may make such a motion only if "either of the following conditions exist: (i) [t]he court has no jurisdiction of the subject of the cause of action alleged in the complaint[;] [or] (ii) [t]he complaint does not state facts sufficient to constitute a cause of action against that defendant." (CCP § 438(c)(1)(B).) "The grounds for [the] motion . . . shall appear on the face of the challenge...

Excerpt: ...ns 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 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 te...

Excerpt: ...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 the facts alleged in the plea...

Excerpt: ...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 be," unless the "complaint contains a...

Excerpt: ...conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct." (CCP § 2023.030(a).) "If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." (Id.) "The court may impose an issue...

Excerpt: ... the hearing."].) STANDARD OF LAW A motion for judgment on the pleadings may be brought by a plaintiff if "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (CCP § 438(c)(1)(A).) "A motion for judgment on the pleadings is analogous to a general demurrer." (Westly v. California Pub. Employees' Ret. Sys. Bd....

Excerpt: ...5, 31, and 33-43. IT IS FURTHER ORDERED THAT Defendant amend its responses to Plaintiff's Request for Production of Documents (Set Two), Request Nos. 8-10 pursuant to this Order. Plaintiff's Request for Sanctions is DENIED. "If a party filing a response to a demand for inspection, copying, testing, or sampling . . . thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, th...

Excerpt: ... no later than fourteen (14) days from the date of this Order. STANDARD OF LAW "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter 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.) A...

Excerpt: ...nd a copy served on each party at least nine court days . . . before the hearing."].) STANDARD OF LAW A motion for judgment on the pleadings may be brought by a plaintiff if "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (CCP § 438(c)(1)(A).) "A motion for judgment on the pleadings is analogous to a ge...

Excerpt: ... 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." (CCP § 437c(f...

Excerpt: ...well as the requested, responsive documents to Request Nos. 32-33 and 35-39. Plaintiff's Request for Sanctions is GRANTED IN PART. IT IS ORDERED THAT sanctions in the amount of $3,560.00 is payable by Defendants to Plaintiff no later than thirty (30) days from the date of this Order. On January 2, 2020, Plaintiff served Requests for Production of Documents, Set One, on Defendants. The requests sought documents regarding Plaintiff's compensatory d...

Excerpt: ...ginal trial date set in this action of January 17, 2020. Code of Civil Procedure section 437c(c) states that a motion for summary judgment or adjudication "shall be heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise." (CCP § 437c(a)(3).) The current trial date is set to commence on October 16, 2020. This Motion was filed May 29, 2020. "[T]he 30-day time limit on summary judgment hearings should...

Excerpt: ...motion for judgment on the pleadings may be brought by a plaintiff if "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (CCP § 438(c)(1)(A).) A defendant may make such a motion only if "either of the following conditions exist: (i) [t]he court has no jurisdiction of the subject of the cause of action alle...

Excerpt: ...f the previous rulings in the 2009 Action on the two breach of fiduciary duty claims and the constructive trust claim which involve in part events that took place in 2019. STANDARD OF LAW "A party may move for judgment on the pleadings." (CCP § 438(b)(1).) A motion for judgment on the pleadings may be brought by a plaintiff if "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer do...

Excerpt: ...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 owed or did n...

Excerpt: ...all file and serve any amended complaint no later than 21 days from the date of this Order. As a threshold issue, the Court admonishes Defendants for failing to meet and confer with Plaintiff prior to filing this Motion as required under Code of Civil Procedure section 435.5(a)(2). Defendants shall comply with any applicable Rules of Court and the Code of Civil Procedure for any future filings or the Court may consider sanctions or decline to con...

Excerpt: ... action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded." (CCP § 426.30(a).) "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his ...

Excerpt: ...) 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 the facts alleged i...

Excerpt: ..., 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: ... Set One, Request for Production, Set One, and Request for Admissions, Set One. (Declaration of Emily K. Andrews ["Andrews Dec."] ¶ 2, Exs. 1-4.) Responses were due January 19, 2020. (Id. ¶ 3.) No responses were provided, and Plaintiff sent a meet and confer letter on January 24, 2020. (Id. ¶ 4.) Defendant responded by phone but no discovery responses were provided. (Id. ¶ 5.) This action was filed by Plaintiff homeowners' association against...

Excerpt: ... to Deposition Questions is continued to September 10, 2020 at 2pm in Dept. 520. The parties shall provide the court with a written progress report regarding their discussions and any possible stipulation not less than 7 days prior to the continued hearing date. If the parties reach an agreement, the hearing will be dropped. If not, the hearing will proceed on the pleadings already submitted. The court recognizes that plaintiff Ulloa contends he ...