Excerpt: ...fficient 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, and treats the demurrer as admitting all material facts properly p...

Excerpt: ... 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. (1992) 2 Cal.4th 962, 966-...

Excerpt: ...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, and treats the demurrer as admitting all material facts properly...

Excerpt: ...uses of action dismissed after a successful demurrer, or contains statements or allegations "not drawn in conformity with the laws of this state, a court rule, or an order of the court." (Code of Civil Procedure section 436, sub. (b).) Additionally, several of the allegations are either irrelevant or improper. (Code of Civil Procedure section 436, sub. (a).) In reviewing the Third Amended Complaint, the court finds that Plaintiff has repeatedly d...

Excerpt: ...de 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, reading it as a whole and its parts in their context and treats the demurrer as admitting all material facts properly pleaded. [Citation.]" (B...

Excerpt: ...rther responses to his Request for Production of Documents Nos. 35 and 36 which request pertain to other claims where similar bad faith claims made against CSAA by other claimants within the last five years. Plaintiff's request for further responses to Request for Production of Documents Nos. 14, 16, 17 and 32 is GRANTED IN PART, DENIED IN PART. Defendant is required to produce all documents that relate to Plaintiff's first party claim, but is no...

Excerpt: ...mpany-wide practices through representative testimony from an adequate number of randomly selected class members. (Duran v. U.S. Bank Nat, Assn (2014) 59 Cal.4th 1, 42-45.) Therefore, to obtain the discovery required to prepare for trial, plaintiff can reasonably seek (1) broad discovery, from which it can then identify an adequate number of randomly selected class members; or (2) more focused discovery relating to a certain number of randomly se...

Excerpt: ...orce Development Agency (LWDA). (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 382.) Plaintiff cannot bring "individual" claims under PAGA; they may only bring the action on behalf of themselves and all other aggrieved employees to vindicate the LWDA's interest in enforcement of the Labor Code. (Labor Code § 2699(c) & (g)(1); Williams v. Superior Court (2015) 237 Cal.App.4th 642, 649.) Any monetary penalties assessed aga...

Excerpt: ... Cause of Action. LEGAL STANDARD 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.) T...

Excerpt: ... employed by Fast Exact and also appears to allege that by way of common ownership, AirCargo Communities and CargoBook violated the Labor Code. As currently pleaded, given that Fast Exact is alleged to be Plaintiff's employer and exercised control over Plaintiff's work, Plaintiff must allege sufficient facts to demonstrate how the other defendants also were responsible for the Labor Code violations alleged. Additionally, Plaintiff has not adequat...

Excerpt: ...of the nature and type shown by the evidence," or "[t]he financial condition of the defendant." (Cal. Civ. Code §§ 3295(a), (c).) "Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits pre...

Excerpt: ...osed. (Declaration of Parviz Darabi ¶¶4-6.) The court finds that Defendants are in violation of the court's March 4, 2021 order for failing to provide responses to the discovery responses at issue and for failing to pay monetary sanctions in the amount of $3,222.50. While the Memorandum of Points and Authorities makes reference to issue and evidentiary sanctions, Plaintiff's notice for the present motion requests only monetary and terminating s...

Excerpt: ...rks for Kane and Associates Inc. The seller was represented by real estate agent Kate McCaffrey. Ms. McCaffrey works for Pacific Union International, Inc. Plaintiffs contend that they sustained compensable damages because neither Defendants nor the seller disclosed to them that a third bedroom was constructed without obtaining the necessary permits. The Court understands that Plaintiffs did not sue the seller because he is dead. On June 7, 2019, ...

Excerpt: ...sist him. Feldman, in which a landlord brought an anti-SLAPP motion against the cross-complaint of a tenant and subtenant, is inapposite. The anti-SLAPP statute does not bar defendant from raising defenses to plaintiff's unlawful detainer claim. To the extent plaintiff contends that CCP §425.16 bars affirmative defenses regarding the veracity or legal sufficiency of the various notices served in this case, this argument is not well taken. Defend...

Excerpt: ...r relief under Code of Civil Procedure section 473(b). (Mitchell v. Dept. of Transportation (1985) 163 Cal.App.3d 1016, 1021.) When a petition for relief is based on attorney fault and the petitioner is not challenging a default, default judgment or dismissal, the petitioner must establish that the attorney's neglect was excusable. (Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 65.) The Petition is not accompanied by a declaration...

Excerpt: ...ith post concussive syndrome, depression, memory loss, problems with irritability and concentration sleep problems and tinnitus. Plaintiff further stated that he has post-concussive symptoms which ranged from ear noise, anxiety, depression, memory loss, irritability, concentration problems, anger, mood swings, sleep disturbance, flashbacks and vision problems. On March 6, 2017, plaintiff appeared for deposition and testified that he continues to ...

Excerpt: ... relief under Code of Civil Procedure section 473(b). (Mitchell v. Dept. of Transportation (1985) 163 Cal.App.3d 1016, 1021.) When a petition for relief is based on attorney fault and the petitioner is not challenging a default, default judgment or dismissal, the petitioner must establish that the attorney's neglect was excusable. (Tackett v. City of Huntington Beach (1994) 22 Cal.App.4th 60, 65.) The Petition is not accompanied by a declaration ...

Excerpt: ...ously existed as ARDA LLC fka Anson's Group LLC, or that it had previously done business under other names. The lease is not attached to the complaint. However, the notice, attached to the complaint as Exhibit 2, quotes paragraph 38 of the lease. The court finds that the plain language of paragraph 38, as stated in the notice, fails to identify a breach of any obligation under the lease, because it merely identifies grounds under which plaintiff ...

Excerpt: ... party in time to defend an action. (CCP §473.5.) Relief under §473.5 must be sought within a "reasonable time," not to exceed two years after entry of default judgment. A motion for relief under CCP §473.5 must show the lack of actual notice was not due to the party's avoidance of service or inexcusable neglect. (Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180.) The court finds that the declaration submitted by Sparx 7, LLC managing member...