Excerpt: ...ould be published in the City's voter information pamphlet, which the City distributes to eligible voters in connection with the Election. Plaintiff alleges that on October 27, 2018, he discovered that the qualifications statement that he submitted had not been printed verbatim in the City's voter information pamphlet. Plaintiff's SAC alleges three causes of action for (1) damages and injunctive relief for Defendants' alleged failure to discharge...

Excerpt: ...el Newman (collectively, "Plaintiffs") brought this action against Defendant concerning its obligations under the written warranty it issued for a vehicle purchased by Plaintiffs in November 2012. Plaintiff alleges that Defendant breached the express warranty and implied warranty of merchantability by knowingly delivering a vehicle with serious defects and nonconformities, which later developed other serious defects and nonconformities, including...

Excerpt: ...lso been assigned by its insured claims against Defendants for reimbursement for damages caused by Defendants to a motor home rented by the insured to Defendants. LEGAL 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.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those...

Excerpt: ...endants based upon Defendants' representation of Plaintiffs for applications for patents with the United States Patent and Trademark Office ("USPTO"), which resulted in the issuance of U.S. Patent No. 7,516,227 (the "'227 Patent") on April 7, 2009. Plaintiffs allege that Defendants also represented Plaintiffs in the subsequent amendments, corrections, and administrative challenges regarding the '227 Patent as late as February 18, 2016. Plaintiffs...

Excerpt: ...on raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference." (CCP § 36(d).) In addition, "[n]otwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preferenc...

Excerpt: ...d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (e) Notwithstanding any other provision of law, the cour...

Excerpt: ...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 allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed." (Del E. Webb Corp. v. Stru...

Excerpt: ...ded 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 allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal. App. 3d 593, 604.) "...

Excerpt: ...ormation concerning facility name, department, section, or location within a facility is unknown. This renders his response to Nos. 6- 9 equally confusing. In addition, Plaintiff's identification of coworkers in Nos. 8 and 9 fails to provide the requested information about the location and period of employment applicable to those coworkers. No. 13-16, 18: GRANTED. Additional specificity is required. Plaintiff's responses are not organized in a wa...

Excerpt: ...s") opposition is untimely because it was filed and served on November 21, 2019, instead of November 18, 2019. The Court notes that Plaintiff's Motion failed to provide adequate notice as it was served by mail on November 8, 2019 for a hearing set on December 3, 2019, when notice should have been served by mail no later than November 1, 2019. As both parties failed to comply with the Code of Civil Procedure but were able to substantively respond ...

Excerpt: ... Defined Benefit Plan, and allegedly was involved in the fraudulent dealings alleged in the First Amended Complaint. Plaintiff, proceeding in pro per, states that her former counsel had represented that Solarius was an essential party but failed to include it in this action. Defendants argue that Plaintiff's motion is time-barred under Code of Civil Procedure section 583.210 which requires that "[t]he summons and complaint shall be served upon a ...

Excerpt: ...s." (Id.) "The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) [a] provision of law confers an unconditional right to intervene[;] [and/or] (B) [t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impa...

Excerpt: ...LAINT Plaintiff Kathleen Reeves ("Plaintiff") brought this action based on allegations that Defendant Monica Leasure ("Leasure"), a receptionist at Plaintiff's law office, diverted Plaintiff's accounts receivable to herself using credit card and bank accounts in Plaintiff's name. Plaintiff contends that Defendant Carl Upthegrove ("Upthegrove"), whom Plaintiff contracted to check in on her office while she was being treated for medical issues, hel...

Excerpt: ...sufficient to constitute a defense to the complaint." (CCP § 438(c)(1)(A).) "A motion by a plaintiff for judgment on the pleadings is in the nature of a general demurrer to the answer, and the motion must be denied if the answer raises a material issue or sets up affirmative matter constituting a defense." (Barasch v. Epstein (1957) 147 Cal. App. 2d 439, 442.) "Where the answer, fairly construed, suggests that the defendant may have a good defen...

Excerpt: ...fendants Alameda Health Systems ("AHS") and Narayan Travelstead Professional Law Corporation's (collectively, "Defendants") Motion to Designate Plaintiff as a Vexatious Litigant. The Court held Defendants had not met the first and second prong of the vexatious litigant statute because the federal and state cases against AHS were still pending and/or on appeal so there had not been any final determinations, and Plaintiffs' subsequent actions did n...

Excerpt: ...y 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 which judicial notice has been taken." (Id....

Excerpt: ...ny 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 not supported by ...

Excerpt: ...cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action[;] [or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property." (CCP § 415.50(a).) "The court shall order ...

Excerpt: ...ended her complaint to substitute Defendant Doe 1 with Renoir. OHA states that it used Renoir's temporary staffing services to hire a temporary worker to make repairs to the staircase where Plaintiff slipped and fell. Renoir then made this motion seeking to be dismissed from Plaintiff's complaint and summons on the basis of sovereign immunity and Plaintiff's failure to exhaust her remedies before a tribal court. After the initial hearing on this ...

Excerpt: ... Plaintiff alleges that during recess, she was assaulted by a group of boys. Plaintiff alleges that there were no paid employees on the playground, and the one volunteer on the playground only intervened after the assault occurred. Plaintiff alleges that District has failed to discipline Boy 1 or keep him away from Plaintiff, and has allowed Boy 1's parents to question Plaintiff during school hours on school property, without her parents present....

Excerpt: ...ke Portions of the Fourth Amended Cross Complaint is GRANTED IN PART AND DENIED IN PART. As a threshold matter, the Court took into consideration Elstead's untimely oppositions to the Demurrer and Motion to Strike as Cross-Defendants were able to substantively respond to Elstead's arguments in reply. Elstead is admonished to comply with the procedural rules and deadlines with respect to filings and service in all future filings. PROCEDURAL HISTOR...

Excerpt: ... San Diego v. Superior Court (2018) 30 Cal. App. 5th 457, 469.) Although the right to counsel of one's choice is an important one, it "must yield to ethical considerations that affect the fundamental principles of our judicial process." (Id.) "At the same time, courts have recognized that a disqualification order is not without cost." (Id.) "[I]t must be kept in mind that disqualification usually imposes a substantial hardship on the disqualified...

Excerpt: ...finance for the two of the properties under her name alone, and Wendy Tang would manage the properties. A grant deed dated December 12, 2018 stated that Plaintiff was entitled to a 25% ownership and rental income of the subject properties, and Defendants would be entitled to the remaining 75% ownership and rental income. For the third property, Plaintiff and Wendy Tang orally agreed to a different arrangement wherein Plaintiff would be entitled t...

Excerpt: ...mplaint no later than December 3, 2019. Defendant's Motion to Strike is DENIED. 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 properly pleaded factual alle...

Excerpt: ...application shall be executed under oath and shall include: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, acco...