Excerpt: ... plaintiff's counsel. Plaintiff moves to strike the corporate defendant's answer pursuant to the provisions of Code of Civil Procedure, § 436(b). on the asserted ground that the answer is not filed in conformity with the law of this State, because the action is being maintained by a corporation that is not currently represented by counsel. There is no proof of service of notice of the hearing and a copy of the moving papers on defendant Myecheck...

Excerpt: ...e the default on the following grounds: the judgment is void on its face, because the proof of service of the summons and complaint was not executed under penalty of perjury and, therefore, the clerk erred in entering of the default; the complaint fails to state the amount of punitive damages plaintiff seeks and there is no statement of punitive damages in the file, therefore, entry of a default judgment including punitive damages would be void ;...

Excerpt: ...ad, Lotus, CA by serving the office manager, Mariah Stetler, authorized to accept service who was apparently in charge of the office or usual place of business. The accompanying declaration of reasonable diligence declares: the registered process server unsuccessfully attempted to serve defendant Rangel at his office at 4:22 p.m. on Thursday, April 11, 2019, at 9:30 a.m. on Friday April 12, 2019, and at 3:04 p.m. on Friday April 12, 2019; and on ...

Excerpt: ...ants will not be prejudiced by the amendment. Defendants oppose the motion on the following grounds: the 2nd amended complaint involves post2017 conduct that is irrelevant to the valuation of plaintiff's claimed interest in the Company where the valuation date is December 19, 2017; the allegations of the fraud cause of action are not sufficiently specific; the proposed allegations to be added by the amendment are antagonistic to the allegations o...

Excerpt: ...n papers are to be filed and served on all parties by 5:00 p.m. on October 15, 2019, and found that Defendant Milgard Manufacturing, Inc. has waived it's right to file a reply to the opposition. Defendant Milgard Manufacturing, Inc. moves for leave to file a cross‐complaint for implied equitable indemnity; comparative indemnity, contribution and declaratory relief against defendant/crosscomplainant/cross‐ defendant TMW Craftsman, Inc. and def...

Excerpt: ... Harassment Cause of Action – Government Code, § 12940(j); FEHA Failure to Engage in Interactive Process Cause of Action; FEHA Failure to Accommodate Cause of Action; CFRA Interference and Retaliation Cause of Action; Violation of Labor Code, §§ 98.6 and 1102.5 Cause of Action; Violation of Labor Code, §§ 6310 and 6311 Cause of Action; and Defamation Cause of Action. Plaintiff opposes the demurrers on various grounds. Defendants replied to...