Excerpt: ..."A party may move for judgment on the pleadings." (CCP § 438(b)(1).) A defendant may make such a motion only if "either of the following conditions exist: (i) [t]he court has no jurisdiction of the subject of the cause of action alleged in the complaint[;] [or] (ii) [t]he complaint does not state facts sufficient to constitute a cause of action against that defendant." (CCP § 438(c)(1)(B).) "The grounds for [the] motion . . . shall appear on th...

Excerpt: ..., Plaintiff seeks to depose FCA's PMQ, but FCA has refused to produce a witness until late 2020 and only with respect to noticed matters of examination 1 (service and warranty history and repairs for subject vehicle) and 2 (communications between the parties), of but not the remaining topics regarding communications with third parties about the subject vehicle, other 2015 Fiat 500E vehicles repurchased or replaced pursuant to lemon laws by FCA, s...

Excerpt: ...st a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." (CCP § 425.16(b)(1).) An "act in furtherance of a...

Excerpt: ...) "[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) the use of an easement identified in the pleading, other than an easement obtained pursuant to s...

Excerpt: ...CCP § 484.010.) "[A]n attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney's fees." (CCP § 483.010.) The application shall be executed under oath and shall include all of the following: (a) A ...

Excerpt: ... Motion to Strike is DENIED. As a threshold matter, the Court admonishes Cross-Complainant for filing a consolidated opposition to Cross-Defendant's Demurrer, Motion to Strike and Motion for Judgment on the Pleadings without leave of court. Cross-Complainant shall file responsive briefs for each individual motion in all future filings. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v....

Excerpt: ...duty to act upon a defectively served summons." (Kappel v. Bartlet (1988) 200 Cal. App. 3d 1457, 1466.) "The requirement of notice 'is not satisfied by actual knowledge without notification conforming to the statutory requirements' . . . it is long-settled that methods of service are to be strictly construed and that a court does not acquire jurisdiction where personal service is relied upon but has not in fact taken place." (Id. at 1466-67.) MOT...

Excerpt: ...ection with the commencement and prosecution of such action." (Cal. Civ. Code § 1794(a).) A prevailing buyer has the burden of "showing that the fees incurred were 'allowable,' were 'reasonably necessary to the conduct of the litigation,' and were 'reasonable in amount.'" (Nightingale v. Hyundai Motor Am. (1994) 31 Cal. App. 4th 99, 104.) "The plain language of the statute allows only for the recovery of attorney fees which have been 'reasonably...

Excerpt: ...ection with the commencement and prosecution of such action." (Cal. Civ. Code § 1794(a).) A prevailing buyer has the burden of "showing that the fees incurred were 'allowable,' were 'reasonably necessary to the conduct of the litigation,' and were 'reasonable in amount.'" (Nightingale v. Hyundai Motor Am. (1994) 31 Cal. App. 4th 99, 104.) "The plain language of the statute allows only for the recovery of attorney fees which have been 'reasonably...

Excerpt: ...ion any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice." (CCP § 2025.450(a).) In this personal injury action, Plaintiff alleges that she was injured by Gard...

Excerpt: ...ading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. 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 di...

Excerpt: ...sition of the action in his absence may . . . leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest." (CCP § 389(a).) "If he has not been so joined, the court shall order that he be made a party." (Id.) If the person "cannot be made a party, the court shall determine whether in equity and good conscience the action should proce...

Excerpt: ...sition of the action in his absence may . . . leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest." (CCP § 389(a).) "If he has not been so joined, the court shall order that he be made a party." (Id.) If the person "cannot be made a party, the court shall determine whether in equity and good conscience the action should proce...

Excerpt: ... filed under seal only if it expressly finds facts that establish: (1) [t]here exists an overriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the ove...

Excerpt: ...ion any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice." (CCP § 2025.450(a).) In this personal injury action, Plaintiff alleges that she was injured by Gard...

Excerpt: ...nterest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Defendant seeks to seal confi...

Excerpt: ...whether to approve a settlement agreement."].) California follows a two-stage procedure for court approval: first, the Court reviews the form of the terms of the settlement and form of settlement notice to the class and provides or denies preliminary approval; later, the Court considers objections by class members and grants or denies final approval. (Cal. R. Ct., R. 3.769.) On May 26, 2020, the Court granted preliminary approval of the class act...

Excerpt: ... 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 the facts alleged in the pleading are...

Excerpt: ...18/Clay Liberty against the claims asserted by Plaintiff Golden State Lumber, Inc. ("Golden State") in Case No. RG18921206. The Court further finds that Sandbank does not owe 718 Clay/Liberty a duty to defend against the claims asserted by Plaintiffs West Coast Reinforcing, Inc. ("West Coast") in Case No. RG18930004, Plaintiff Doka USA ("Doka") in Case No. RG18933294. STANDARD OF LAW "A party may move for summary adjudication as to one or more ca...

Excerpt: ...) 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 they may be," unless the "complaint contains allegations of fact inconsistent with attached documents, or alleg...

Excerpt: ...int." (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.) "As a general rule in testing a pleadi...

Excerpt: ...r 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 the allegations of the complaint or...

Excerpt: ...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 they may be," unless the "complaint contains a...

Excerpt: ...int." (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.) "As a general rule in testing a pleadi...

Excerpt: ...urt 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 the facts alleged in the pleading are deemed to be true...

Excerpt: ...nued to May 7, 2018 with the discovery cutoff and other pretrial deadlines governed by the new trial date. Trial was continued again to May 14, 2018. After the parties stipulated to abate the case pending the Public Employment Relations Board decision on April 26, 2018, the trial date was vacated. MOTION FOR LEAVE TO FILE SIXTH AMENDED COMPLAINT Plaintiff's Fifth Amended Complaint asserts causes of action for wrongful termination in violation of ...

Excerpt: ...his motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery; (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier; (3) Any likelihood that permitting the...

Excerpt: ...th 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 the allegations of the complaint or cross-complaint. (CCP �...

Excerpt: ...the action is filed shall file certificates of merit[.]" (CCP §§ 340.1(a), (f).) "In any action subject to subdivision (f), a defendant shall not be served, and the duty to serve a defendant with process does not attach, until the court has reviewed the certificates of merit filed pursuant to subdivision (g) with respect to that defendant, and has found, in camera, based solely on those certificates of merit, that there is reasonable and merito...

Excerpt: ...lding") that is entirely on the PG&E Property. (UMF 3.) PG&E purchased the PG&E Property for the purpose of developing the site for use as a natural gas regulation station. (UMF 1, 4.) PG&E's project requires the demolition of all existing improvements on PG&E's property. Defendants Vlazakis own 229 Brush St. (the Vlazakis Property), which shares a property line with the PG&E Property along the easterly border of the PG&E property. (UMF 6.) There...

Excerpt: ... number. Hearings on matters that are properly contested will take place via a medium the court will identify. The Court will email the parties on properly contested matters notifying them of the date and time the oral argument will take place and providing instructions on how to participate in the hearing. Please be advised that due to limited video access, the oral argument may be at a later date and time than that previously calendared. Oral a...

Excerpt: ...nt no later than fifteen (15) days from the date of this Order. STANDARD OF LAW "A party may move for judgment on the pleadings." (CCP § 438(b)(1).) A defendant may make such a motion only if "either of the following conditions exist: (i) [t]he court has no jurisdiction of the subject of the cause of action alleged in the complaint[;] [or] (ii) [t]he complaint does not state facts sufficient to constitute a cause of action against that defendant...

Excerpt: ...AW "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.) Courts "construe the complaint 'liberally ... with a view to substantial justice between the parties[.]'" (Id.) "[I]f a plaintiff pleads a claim that fails to...

Excerpt: ... and shall include all of the following: (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, according to the best k...

Excerpt: ...quest a partition of the property and also referencing a mortgage. (See, e.g., FAC, ¶ 12; Prayer for Relief at p. 4, item no. 1.) Deutsche Bank now demurs to the causes of action brought against it. "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 ...

Excerpt: ...f this Order, as modified for method of service under Code of Civil Procedure section 1013. (See Cal. R. Ct., Rule 3.1320(g).) As discussed at length in the Court's order on Defendants' prior demurrer, this action involves Plaintiff's allegations of various violations of the Fair Employment and Housing Act ("FEHA") by her employer, OPD. Defendant previously demurred to the Complaint's Third Cause of Action for retaliation. On November 21, 2019, t...

Excerpt: ...provides purports to convey the content of the special interrogatories and Defendant's responses thereto, no actual documentary evidence of the special interrogatories or Defendant's responses thereto was provided. Plaintiff does attach what purports to be a meet and confer letter to Defendant Wurts, but the letter is unsigned, provides no information regarding service of the interrogatories, does not include Defendant's responses to the interrog...

Excerpt: ...s thereto, no actual documentary evidence of the special interrogatories themselves or Defendant's actual responses thereto was provided with the moving papers. Plaintiff's motion cannot be granted on the evidence provided and served with the moving papers. Accordingly, it is DENIED. The Court does note that Plaintiff has filed a substantive reply in relation to this motion. However, as of this writing, no opposition to the motion is on file in t...

Excerpt: .... Ct., Rule 3.350.) "When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay." (CCP § 1048(a).) Here, there are several factors that make consolidation appropriate. Initially, the t...

Excerpt: ...ant McClure. On 7/31/18, McClure served Wiles with an unlawful detainer complaint based on a three-day notice citing nuisance conditions caused or maintained by Wiles. In response, Wiles raised affirmative defenses citing habitability violations, discrimination, and retaliation. On or about 9/26/18, the parties settled the unlawful detainer action by entering into a Stipulation for Entry of Judgment or Dismissal ("Stipulation"). The Stipulation r...

Excerpt: ...merous provisions of the California Labor Code and Industrial Wage Orders. Plaintiff's list of violations is set forth in paragraph 7 of the Complaint. The parties agree that the Court should refer to Section 393(a) of the Code of Civil Procedure to determine whether Alameda County is an appropriate venue for Plaintiff's action. Section 393(a) applies to actions for the recovery of penalties imposed by statute. The parties also agree that there i...

Excerpt: ...against Defendants Compass Transportation, Inc., SFO Airporter, Inc., Transdev Services, Inc., Transdev Bus On Demand, LLC, and Michael Johns. Defendants Michael Johns, Transdev Services, Inc., SFO Airporter, Inc., and Transdev Bus On Demand, LLC (collectively, "Moving Defendants") now seek an order compelling Plaintiffs to provide verified responses to certain discovery requests they propounded on Plaintiffs in October of 2019. As of the filing ...

Excerpt: ...ther method. At the time of this writing the Court, generally speaking, is not accepting standard civil filings due to the COVID-19 pandemic. IT IS FURTHER ORDERED that Plaintiff Megan Beene provide written notice of this Order to the other parties to the action. "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 c...

Excerpt: ....) With its present motion for reconsideration, however, Defendant includes a Declaration of Ekaterina A. Golovanova ("Golovanova Dec.") attesting to new or different facts which were not presented with Defendant's earlier motion to set aside the default, and, thus, were not considered as part of the Court' Order of January 14, 2020. (See CCP § 1008.) The Golovanova Dec. explains that, on January 7, 2020, after the written reply to the motion to...

Excerpt: ... resolve the action. Plaintiff's unopposed Motion to Approve Proposition 65 Settlement and Consent Judgment is GRANTED. The Court will sign and enter the proposed consent judgment provided by the moving party. The Court finds the Consent Judgment ("CJ") meets the criteria established by Health & Safety Code section 25249.7, in that: (A) the reformulation standard required by the CJ complies with Health & Safety Code sections 25249.6 and 25249.10(...

Excerpt: ...i), as the basis for their motion. (See Ntc. of Mtn., p. 2.) Section 438(c)(3) pertains to motions for judgment on the pleadings brought by the Court "on its own motion." That is not the situation here. This defect permeates Defendants' notice and is a sufficient ground for the Court to DENY Defendants' motion. Nonetheless, the Court will continue, substantively, as if Defendants had properly noticed their motion. LEGAL STANDARD "A party may move...

Excerpt: ...TANDARDS "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 allegations, facts that reasonably can be inferred from those expressly pleaded and matters o...

Excerpt: ... Code § 2924(j); see CCP § 386.5 ["[U]pon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action, upon notice to such parties, [the stakeholder may] apply to the court for an order discharging him from liability and dismissing him from the action on his depositing with the clerk of the court the amount in dispute ....

Excerpt: ... owners of the real property, (see Exh. A to FAC), but they are not parties to the present demurrer. "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.) "[I]f a plaintiff pleads a claim that fails to state a cause o...

Excerpt: ...ules of Court, Rule 2.108(4). The notice of motion is confusing and defective, in violation of California Rules of Court, Rules 3.110 et. seq. The motion does not include a memorandum of points and authorities, in violation of California Rules of Court, Rule 3.1113(a). The motion contains no admissible evidence, in violation of California Rules of Court, Rule 3.1306(a). The motion includes no proof of service related to the motion, in violation o...