Excerpt: ...fense. (Cal. Rules of Court, rule 3.1322.) Because the Amended Complaint does not have a separate claim for punitive damages clearly identified in the prayer, the court will not speculate as to which portions of the complaint Defendant seeks to have stricken. However, the court notes that had the motion been properly noticed, from reviewing the allegations in the complaint, the court would be inclined to grant the motion to strike as the complain...

Excerpt: ...ide discovery disputes was discussed in the stipulation as an item to be decided and does not appear to have been finalized based on the representation by Defense counsel. The court will not require that Mr. Edwards hear the present motion. Second, CP V JLS, LLC claims that the request were not intended to seek information after the retention of FTL as a consultant. "It has long been recognized that the work of an expert-consultant is protected b...

Excerpt: .... 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. Kirwan (1985) 39 Cal.3d 311, 318.) The court may...

Excerpt: ...(TRG 2011 ed.) ¶¶ 8:1211-8:1215.1, and cases cited therein.) Even if the court were to consider the request for terminating sanctions to have been based on conduct other than Defendants failing to respond to discovery or paying sanctions after the court's order compelling Defendants to do so, it appears that there are still other remedies available to address such conduct short of dismissing the case, such as further monetary sanctions and evid...

Excerpt: ...ant John B. Sanfilippo & Son, Inc. is ordered to submit its first appearance fees within two weeks of the service of this order. Additionally, the parties have submitted insufficient evidence to support their assertions that the civil penalty assessed by the consent judgment is reasonable based on the criteria set forth in Health & Safety Code section 25249.7(b)(2). The moving papers refer to arm's length negotiations in determining the amount of...

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

Excerpt: ...including that the complaint is uncertain and that Plaintiff lacks standing to bring the claims. In reviewing the Second Amended Complaint and the matters of which the courtmay take judicial notice, the court finds that Plaintiff has not adequately demonstrated her standing as either a borrower or owner who can assert the applicable causes of action. Based on the review of the recorded documents of which the court takes judicialnotice, Ms. Valdez...

Excerpt: ...employee or any other person." (Gov. Code § 815(a).) A cause of action against a governmental entity must identify the statutory basis of liability and facts essential to the existence of such statutory liability. (See, e.g., Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175, 1179-1180; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) The Sixth Cause of Action is not premised on a statute that provides f...

Excerpt: ...sition testimony clearly identifies documents that are responsive to Plaintiff's requests kept at Defendant's home and on her cellular phone. While Defendant's declaration in support of her opposition claims that all relevant documents have been produced, the court finds that the deposition testimony contradicts Defendant's declaration. To the extent that the declaration contradicts Plaintiff's testimony, the statements are not considered by the ...

Excerpt: ...s "fair, adequate and reasonable." (See, e.g., Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 244-45.) Further, the parties are to be prepared to discuss why attorney's fees of $416,666.67 are justified in the present action given that it appears that the parties engaged in discovery and then reached a settlement at mediation in a little over a year after the complaint was filed. Plaintiff's references to the risks taken by counsel in...

Excerpt: ...al merit and interim harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction. (Butt v. State of California (1992) 4 Cal.4th 668, 677-78.) The primary purpose of a preliminary injunction is to preserve the status quo pending a trial on the merits. (O'Connell v. Superior Court (2006) 141 Cal. App. 4th 1452, 1472; Cox Cable of San Diego v. Bookspan (1987) 195 Cal App.3d 22, 25.) The cour...

Excerpt: ...nterrogatory No. 4.1 has changed several times and Defendant's failure to produce the applicable policies until over a year after the initial request was served. The court is not convinced that Plaintiff should not be allowed take the deposition of Tesla's PMK regarding insurance simply because after the present motion to compel was filed, Defendant produced the applicable insurance policies. Tesla is ordered to produce its person most knowledgea...

Excerpt: ...ves "the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Although Defendants argue that the complaint is uncertain because although it referenced an exhibit containing the commercial lease agreement, but no such agreement was attached, the court does not find that the failure to attach the lease agreement renders the Second Amended Complaint unc...

Excerpt: ...ended Complaint, including the additional specificity requested by the court when sustaining the last demurrer to the two causes of action for Violation of Civil Code section 2923.5 and 2924.17, that Plaintiff has not adequately alleged that there was a violation as defined under 2923.5(e). Plaintiff's allegations state that although she contacted Defendant and they did not respond in a meaningful way to constitute due diligence. (First Amended C...

Excerpt: ...h v. White Corporation (2017) 13 Cal.App.5th 1086. The motion does not comply with C.C.P. § 437c(b)(1), which requires a "separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence." The failure to comply with this requirement "may in the court's discretion constitute a sufficient ground for...

Excerpt: ...ction is OVERRULED. A general demurrer tests the sufficiency of the complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based. (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 give...

Excerpt: ...s the sufficiency of the complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based. (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...

Excerpt: ...r 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 if, and only if, the evidence would allow a reasonable trier ...

Excerpt: ....) In amending, Plaintiff shall take note of Defendant's arguments in its demurrer, as to the asserted substantive flaws in each of the causes of action, and Plaintiff shall have a good faith basis in fact and law for asserting causes of action in an amended complaint. (See C.C.P. § 128.7(b).) Plaintiff shall also consider the authority cited in the demurrer, including Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 10...

Excerpt: ...h v. White Corporation (2017) 13 Cal.App.5th 1086. The motion does not comply with C.C.P. § 437c(b)(1), which requires a "separate statement setting forth plainly and concisely all material facts which the moving party contends are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence." The failure to comply with this requirement "may in the court's discretion constitute a sufficient ground for...

Excerpt: ...ghter. Only the guardian ad litem may assert such a claim, which renders the complaint uncertain. Further, Plaintiff, Ulrika During who does not appear to be an attorney licensed with the California State Bar, cannot appear on behalf of her daughter Saturninia because to do so would be in violation of Business and Professions Code section 6125, which states that "No person shall practice law in California unless the person is an active member of ...

Excerpt: ... 10:00 a.m. in Department 15 of the Alameda County Superior Court, 1221 Oak St., Oakland to show cause, if any, why sanctions should not be imposed pursuant to Code of Civil Procedure section 128.7, for the following conduct: On June 28, 2019, attorney Donald C. Schwartz signed and filed, and thereafter advocated, a motion to set aside and vacate default judgment arguing that the default judgment should be vacated, which had already been heard an...

Excerpt: ... the Third, Sixth, Seventh, Ninth, Tenth and the claim for punitive damages is DENIED. Legal Standard for Summary Adjudication "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 that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no ...

Excerpt: ...s, 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. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material facts p...

Excerpt: ...endant is named in that cause of action. As currently pled, there are no facts specifically indicating why Schubert is liable for any of the claims asserted. Plaintiffs' blanket references to "defendants", plural, throughout the First Amended Complaint is insufficient to put Schubert, or any of the 10 other named defendants, on notice as to why they are being sued. In particular, claims based on fraud must be pled with particularity, including wh...