Excerpt: ...d Amended Complaint, or its prior demurrers to the earlier versions of the Complaint. The court had previously overruled Defendant Wells Fargo's prior demurrer to the Second Amended Complaint on the grounds that Defendant did not raise the statute of limitations argument in its prior demurrers, when it could have. The same is true here. (See: Code of Civil Procedure section 430.41 subs. (b) and section 439 subs. (b).) Counsel for Wells Fargo now ...

Excerpt: ...onal claims for breach of contract, bad faith, misrepresentation and deceit. The new causes of action arise from facts discovered after the cross-complaint was filed and involve the same general nucleus of facts as the original complaint. The trial court has broad discretion to allow amendments to the pleadings "in furtherance of justice." (C.C.P. § 473(a)(1).) "This discretion should be exercised liberally in favor of amendments, for judicial p...

Excerpt: ...e proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, rule 2.550(d).) In particular, the parties' contractual obligation to not disclose the terms of the Settlement Agreement and Release constitutes an overriding interest. (Cf. Universal City Studios, Inc. v. Superior Court (2003) 110 Cal.App.4th 1273, 1283.) The confidentiality of the settlement is a material t...

Excerpt: ... to pay holder rent at another warehouse. Defendant argues that the damages are not allowed, are therefore improper and should be stricken from the Third Amended Complaint under Code of Civil Procedure section 1174(b) and Code of Civil Procedure sections 436, 431.10(b)(3). Defendant relies primarily on the court's holding in Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884 ("Foreman"), which found that the damages when a landlord failed t...

Excerpt: ...Cause of action against Sireesha Kondragunta, Harini Pillarisetty, SeaNet RWC, LLC, SeaNetPV LLC, Lobstar Venture, LLC and the Fifth Cause of Action as to Defendants Kishore Kondragunta, Sridhar Pillarisetty. Defendants' Kishore Kondragunta, Sridhar Pillarisetty demurrer to the First Cause of Action, Fourth Cause of Action, Seventh Cause of Action, Ninth Cause of Action and Eleventh Cause of Action are OVERRULED. A general demurrer tests the suff...

Excerpt: ...to the parties from issuance or non-issuance of the injunction. The court's determination is guided by a mix of the potential merit and interim harm factors. (Butt v. State of California (1992) 4 Cal.4th 668, 677-78.) "The general purpose of such an injunction is the preservation of the status quo until a final determination of the merits of the action." (Continental Baking Co. v. Katz (1968) 68 Cal. 2d 512, 528.) Thus, the court is to examine al...

Excerpt: ...resent motion to disqualify under Rules of Professional Conduct, Rules Nos. 1.9, 1.10 and Code of Civil Procedure section 128(a)(5.) "A court's authority to disqualify a lawyer in a pending proceeding derives from its inherent power to regulate the conduct of court officers, including attorneys, in furtherance of the sound administration of justice." (City of San Diego v. Superior Court (2018) 30 Cal. App. 5th 457, 469.) Although the right to cou...

Excerpt: ...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 consider all material f...

Excerpt: ...mily 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 con...

Excerpt: ...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 if, an...

Excerpt: ...ed preliminary injunction standard for pre- judgment relief under which the court evaluates the two interrelated factors of (1) the likelihood that the plaintiff will prevail on the merits at trial and (2) the interim harm the plaintiff may suffer if the injunction is denied as compared to the harm that the defendant may suffer if the injunction is granted. (Right Site Coalition v. Los Angeles Unified School Dist. (2008) 160 Cal.App.4th 336, 338-...

Excerpt: ...l and preclude evidence of Defendant's profits or financial condition until after a jury returns a verdict for plaintiff and finds that defendant is guilty of malice, oppression, or fraud upon the application by Defendant requesting bifurcation. (Civil Code §3294.) The court therefore GRANTS IN PART defendant's motion and ORDERS that the parties are precluded from entering evidence of Defendant's profits or financial condition until after a jury...

Excerpt: ...has been served may move for an order that the initial answer to that interrogatory be deemed binding on the responding party for the purpose of the pending action." (C.C.P. § 2030.310 subs. (b).) Further, under subsection (c), the court is required to grant the motion if it determines that: "(1)?The initial failure of the responding party to answer the interrogatory correctly has substantially prejudiced the party who propounded the interrogato...

Excerpt: ...construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give 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.) "Liberal...

Excerpt: ...e standard for construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give 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,...

Excerpt: ...uld hear the motion. That being said, given Plaintiff's known objection to the documents production and requested that Defendant to refrain from reviewing the documents until the motion had been resolved and the COVID-19 related delays, the court will rule on the merits of the motion as though the documents had not been produced. Second, the court finds that Plaintiff Christopher George's claims place at issue his medical records at issue. Plaint...

Excerpt: ...ce, embarrassment, or oppression, or undue burden and expense." Code Civ. Proc., § 2031.060, subd. (b).) However, the party who is seeking the protective order must show good cause for issuance of the order by a preponderance of evidence. (Stadish v. Sup.Ct. (Southern Calif. Gas Co.) (1999) 71 Cal.App.4th 1130, 1145.) The court finds that Defendants presented good cause in support of their motion by a preponderance of the evidence. The court fin...

Excerpt: ...) the likelihood that the moving party will ultimately prevail on the merits; and (2) the relative interim harm to the parties from issuance or non-issuance of the injunction. The court's determination is guided by a mix of the potential merit and interim harm factors. (Butt v. State of California (1992) 4 Cal.4th 668, 677-78.) "The general purpose of such an injunction is the preservation of the status quo until a final determination of the meri...

Excerpt: ... (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. Kirwan (1985) 39 Cal.3d 311, ...

Excerpt: ...ation for Entry of Judgment and Installment Payments" filed with the court on July 3, 2019, which conditionally dismissed the case pursuant to the settlement, pursuant to C.C.P. 664.6. (See the Declaration of Brian P. Tapper ("Tapper Decl."), at ¶ 2, Exh. A.) The court may enter a judgment pursuant to the terms of that agreement under C.C.P. § 664.6. Additionally, the Declaration of Brian P. Tapper attached to the motion provides sufficient gro...

Excerpt: ...(Code Civ. Proc. § 437c, subd. (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...

Excerpt: ...mary 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 if, and only if, the evidence wo...

Excerpt: ...oc., § 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. Kirwan (...

Excerpt: ...on 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, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist....

Excerpt: ...General has not been provided with the required information regarding the parties and the claims at issue as detailed in the notice, which was served on the same day as the filing of First Amended Complaint, and was the first time the settling defendant was listed as a party. Second, the parties have submitted insufficient evidence to support their assertions that the civil penalty assessed by the consent judgment is reasonable based on the crite...