Excerpt: ...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)(1).) "A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defens...

Excerpt: ...d to employees that worked the same shifts as Plaintiff in the San Jose (10/15/17-1/7/18), Sacramento (4/18/19-5/6/19), and Antioch Emergency Departments (5/26/19-7/15/19). MOTION TO COMPEL Plaintiff seeks to compel a further response from Defendant as to one interrogatory asking for the "names, addresses, telephone numbers, and email addresses of all employees of [Defendant's] that worked with Plaintiff, limited to those employees that were in t...

Excerpt: ...urteen (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.) An "irrelevant mat...

Excerpt: ...et No. 1) Nos. 36-82, Form Interrogatories (Set No. 1) No. 17.1, and Request for Production of Documents (Set No. 1) No. 20. Defendant's Request for Sanctions is GRANTED IN PART. IT IS ORDERED THAT sanctions in the amount of $3,560.00 is payable by Plaintiff to Defendant no later than thirty (30) days from the date of this Order. As a threshold issue, Plaintiff argues that Defendant has not adequate met and conferred prior to bringing this Motion...

Excerpt: ...es 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 not owe a duty to th...

Excerpt: ...otion was served. However, the only evidence provided by Cross-Complainant is a declaration from an attorney he retained to support him in this action, and Cross-Defendant's communication with that attorney. Cross-Defendants explain in reply that it had tried multiple times to contact Cross-Complainant directly, who is acting in pro per, but that he never responded. (Declaration of Bruce E. Methven ¶¶ 2-3; Declaration of Kelley Snider ¶¶ 8-14...

Excerpt: ...hether 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 pleading are deemed to be true, however improbable ...

Excerpt: ...ader 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...

Excerpt: ...gedly owned and operated by Defendant. (See Complaint, ¶ 6.) Plaintiff's Complaint alleges causes of action for general negligence, and negligent hiring, supervision and retention. Plaintiff's Complaint also requests punitive damages. Defendant now moves to strike the Complaint's request for punitive damages. "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: . . . [s]trike out any irrelevant, f...

Excerpt: ...or summary adjudication on the causes of action for negligent supervision and negligent retention, contending that because it has admitted vicarious liability for the negligence, if any, of AMV, it cannot also be sued for negligent supervision and/or retention of AMV. Defendant Golden Cargo's response to Plaintiff's request for admission 2 was as follows: "REQUEST FOR ADMISSION NO.2: Admit that Martinez-Victoria was in the course and scope of his...

Excerpt: ...ng against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be." (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 its parts in their context." (Goncharov v. Uber Techs., Inc. (2018) 19 Cal.App.5th 1157, 1165.) Here, Defendant Landau has demurred to both of Plaintiff's causes of action in t...

Excerpt: ...Cal Physicians' Servs. (2000) 81 CalApp.4th 39, 43. The motion must be overruled if the factual allegations ... state a cause of action under any possible legal theory, regardless of the causes of action set forth in the complaint itself. Wolfe v. State Farm (l996) 46 Cal.App.554, 559. All facts are to be construed in the light most favorable to plaintiff. Perdue v. Crocker Nat'l Bank (l985) 38 Ca.3d 913, 922. But allegations which express mere c...

Excerpt: ...to expunge the notice." (CCP § 405.30.) "The claimant shall have the burden of proof[.]" (Id.) "[T]he court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim." (CCP § 405.31.) "Real property claim" means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) th...

Excerpt: ...osing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) The general venue statute states that "[e]xcept as otherwise provided by law and subject to the power of the court to transfer actions or proceedings . . . the superior court in the county where the defendants or ...

Excerpt: ...e complaint or cross-complaint against him[;] [and/or] (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy w...

Excerpt: ...l. 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 amend where the opposing party was not misled or prejudiced by the amendment." (Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 76...

Excerpt: ...nt Comerica Bank brings this Petition to Vacate Arbitration Award on the grounds that the arbitrator in this action (hereinafter "Arbitrator") made material omissions and misrepresentations in the initial disclosures and continuing disclosures he was required to provide to the parties as to any grounds for disqualification in violation of California's legal disclosure rules set forth in the California Arbitration Act, California's Ethics Standard...

Excerpt: ...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) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief...

Excerpt: ...produce responsive documents pursuant to that Request for Production of Documents. Plaintiff states that PPILP initially responded to this discovery on April 29, 2019 by objecting to every request on the grounds of lack of jurisdiction over PPILP and asserting that the requests are overly broad and burdensome and not reasonably calculated to lead to the discovery of relevant, admissible evidence. PPILP produced no documents. Plaintiff states that...

Excerpt: ... opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of the action shows that it is brought is, prima facie, the proper county[.]" (Quick v. Cors...

Excerpt: ...ff's counsel is admonished to file separate oppositions for each motion in all future filings. 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 orde...

Excerpt: ...the application of res judicata and injunctive relief claim. IT IS ORDERED THAT Plaintiff file and serve an amended complaint that complies with applicable court rules and rules of civil procedure no later than twenty-one (21) days from the date of this Order. As a threshold matter, Plaintiff's counsel improperly served a single opposition to all three motions set to be heard on July 22, 2020. Plaintiff's counsel is admonished to file separate op...

Excerpt: ...produce responsive documents pursuant to that Request for Production of Documents. Plaintiff states that PPILP initially responded to this discovery on April 29, 2019 by objecting to every request on the grounds of lack of jurisdiction over PPILP and asserting that the requests are overly broad and burdensome and not reasonably calculated to lead to the discovery of relevant, admissible evidence. PPILP produced no documents. Plaintiff states that...

Excerpt: ...CP § 1005(b) ["All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days . . . before the hearing."].) Morgan and his counsel are admonished to comply with filing deadlines in all future filings. STANDARD OF LAW "[T]he court, upon motion reasonably made by [a party] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those ...

Excerpt: ..."ppb") average acrylamide concentration by weight will satisfy the Office of Environmental Health Hazard Assessment's ("OEHHA") No Significant Risk Level ("NSRL") of 0.2 µg/day of acrylamide for cancer and Maximum Allowable Dose Level ("MADL") of 140 µg/day of acrylamide for reproductive toxicity for the products at issue. (See https://oehha.ca.gov/proposition-65/chemicals/acrylamide.) There was no explanation in the Motion or the [Proposed] Co...